Section 16.19. Confinement, care and treatment of the mentally retarded and developmentally disabled

(a) No individual who  is  or  appears  to  be  mentally  retarded  or
  developmentally  disabled  shall  be  detained,  deprived  of liberty or
  otherwise  confined   without   lawful   authority,   or   inadequately,
  unskillfully, cruelly or unsafely cared for or supervised by any person.
    (b)  If  the commissioner has reason to believe that a person is being
  detained or given inadequate,  unskillful,  cruel  or  unsafe  care,  as
  described  in  subdivision  (a)  of  this  section,  he  shall  promptly
  investigate the matter. If, after giving the person accused of violating
  subdivision (a) of this section an opportunity to  be  heard,  he  finds
  that  a  violation  did  occur,  the  commissioner  shall issue an order
  directing that person to cease and desist from continued violation.
    (c) In addition to any other remedies available  under  this  article,
  the  commissioner may bring an action in the supreme court to enjoin any
  person from unlawfully subjecting a mentally retarded or developmentally
  disabled person to physical, sexual,  or  emotional  abuse,  or  active,
  passive   or   self   neglect,  or  detaining  a  mentally  retarded  or
  developmentally disabled person  or  providing  inadequate,  unskillful,
  cruel or unsafe care or supervision for such a person.
    (d)  (1)  If,  upon  receiving a report that any adult thought to have
  mental  retardation  or  another  developmental  disability   has   been
  subjected to physical, sexual, or emotional abuse, or active, passive or
  self neglect, and the commissioner has reason to believe that such adult
  is  known  by  the commissioner to have received services from providers
  duly authorized by the commissioner and has been subjected to such abuse
  or neglect, the commissioner shall intervene pursuant  to  this  section
  or,  if  such  adult  has  not  received  services  from said authorized
  providers,  the  commissioner  shall,  immediately   or   as   soon   as
  practicable,  notify  adult  protective services established pursuant to
  section four hundred seventy-three  of  the  social  services  law.  The
  commissioner  shall, within forty-eight hours, forward copies of reports
  made pursuant to this subdivision to the state commission of quality  of
  care  and  advocacy  for  persons with disabilities and indicate if such
  report was referred to adult protective services.
    (2) In order to carry out the  provisions  of  this  subdivision,  the
  commissioner  and  commissioner  of  the  office  of children and family
  services shall develop a model memorandum of understanding  which  shall
  be  entered  into  between each developmental disability services office
  and each local department of social services  within  its  jurisdiction.
  Such  agreement  shall define the responsibilities of each developmental
  disability services office and social services district with respect  to
  reports  pursuant  to  paragraph  one of this subdivision and reasonable
  time frames  for  implementing  such  responsibilities.  Such  agreement
  entered  into  in  accord with such memorandum of understanding shall be
  finalized between all developmental disability services offices and  all
  local departments of social services no later than ninety days after the
  effective   date  of  this  subdivision.  A  developmental  disabilities
  services office shall be deemed a provider of services for the  purposes
  of  access  to  adult  protective  records  under  section  four hundred
  seventy-three-e of the social services law.
    (3) The commissioner and  the  commissioner  of  children  and  family
  services  shall  submit  a  report on the physical, sexual, or emotional
  abuse, or  active,  passive  or  self  neglect  of  adults  with  mental
  retardation   or  other  developmental  disabilities  to  the  governor,
  temporary president of the senate and speaker of the assembly by January
  first, two thousand seven, and annually thereafter. In consultation with
  the commission  on  quality  of  care  and  advocacy  for  persons  with

  disabilities,  the  commissioner  and  the  commissioner of children and
  family services shall include in such report a description  of  systemic
  issues;  a  summary of strategies used for intervening in such cases; an
  evaluation  of  the  success  of  such  strategies; an evaluation of the
  implementation of the memorandum of understanding developed pursuant  to
  paragraph   two   of   this  subdivision  and  the  specific  status  of
  developmental disabilities services offices  and  local  departments  of
  social  services, with respect to entering into an agreement as required
  by paragraph two  of  this  subdivision;  and  any  recommendations  the
  commissioner  believes  are  necessary  to  protect adults from abuse or
  mistreatment. The report shall also include the number of reports and  a
  summary  of common situations and trends contained in such reports which
  were:
    a. made  to  the  commissioner  pursuant  to  paragraph  one  of  this
  subdivision;
    b. not referred to adult protective services, but in response to which
  the commissioner intervened, and the outcome of such intervention; and
    c.  referred to adult protective services pursuant to paragraph one of
  this subdivision and the outcome of such referral.