NY A08330

Creates a notification system requiring the Office of Mental Hygiene to furnish summaries of substantiated abuse or serious neglect reports to providers when they request criminal history information on prospective employees or volunteers.

Requires the Office to simultaneously provide substantiated reports and any written employee responses to both the authorized person and the prospective employee or volunteer at their listed address.

Establishes an appeals process allowing employees or volunteers to challenge substantiated abuse determinations using a de novo standard of review, though appeals cannot reverse prior employment terminations.

Allows persons to apply for expungement of substantiated reports after five years by demonstrating clear and convincing evidence of rehabilitation to the Commissioner.

Defines "abuse" as physical, sexual, or psychological abuse; "serious neglect" as intentional acts or omissions endangering life or health; and requires investigations to provide affected employees or volunteers written notice of investigation rights and procedures for obtaining and responding to filed reports.