New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS
Subpart 7-2 - CHILDREN'S CAMPS
Section 7-2.25 - Additional requirements for camps enrolling campers with disabilities
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 7-2.25
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Effective October 1, 2016, the following requirements shall apply to all camps enrolling a child with a physical or developmental disability, except that any camp for children with developmental disabilities as defined in section 7-2.2 of this Subpart shall comply with this section upon the effective date of this Subpart:
(1) Personnel and supervision.
(i) The ratio of counselors to campers who
use a wheelchair, adaptive equipment or bracing to achieve ambulation, but who
do not possess, for whatever reason, the ability to fit, secure or
independently manipulate such devices satisfactorily to achieve ambulation,
shall be 1:2.
(ii) Camp staff
providing direct care of a camper with a disability shall be trained on the
specific needs of the campers in their charge.
(2) Medical requirements.
(i) A camp operator shall obtain existing
individual treatment, care, and behavioral plans for campers with a disability.
Camp staff shall implement adequate procedures to protect the health and safety
of a camper based on the plan provided and, when necessary, in consultation
with an individual's parent, guardian and/or clinical team.
(ii) The confidential medical history for a
camper with a disability shall, in addition to the requirements of section
7-2.8(c)(1)
of this Subpart, include:
(a) any
restrictions, allergies, medications, special dietary needs, and other
pre-existing medical, physical or psychological conditions and
illnesses;
(b) the camper's
physician's name, address and telephone number.
(iii) Modified diets and other special needs
related to a camper's disability shall be identified for each camper prior to
arrival at camp, planned for, provided for in accordance with supplied
directions, and reviewed by the designated camp health director.
(3) Recreational safety.
(i) The minimum counselor-to-camper ratio
during swimming pool and bathing beach activities shall be one counselor for
each camper who is non-ambulatory or has a disability identified by the
camper's parents, guardian, physician or residential care provider that may
result in an increased risk of an emergency in the water, such as uncontrolled
epilepsy.
(ii) The minimum
counselor-to-camper ratio during swimming pool and bathing beach activities
shall be one staff member for every five campers with a developmental
disability not designated in subparagraph (i) of this paragraph.
(iii) No camper with a developmental
disability can participate in swimming activities unless a written permission
statement signed by the camper's parent, guardian or residential care provider
is on file at the camp.
(iv) The
camp safety plan approved under section
7-2.5(n)
of this Subpart shall contain a procedure to address the handling of seizures
and aspiration of water for campers with developmental disabilities. All
bathing beach and swimming pool staff shall be trained to implement the
procedure prior to the date the camp begins operation. In-service training
using this procedure shall be conducted and documented every two weeks after
the commencement of the camp's operation or as otherwise approved by the
permit-issuing official in the camp's safety plan.
(4) Toilets, privies, lavatories, showers.
All lavatories and showers used by a camper with a physical disability shall be
equipped with specialized fixtures, grab bars or other controls appropriate for
the camper's disability. Lavatories and showers used by campers with physical,
intellectual or developmental disabilities, who are unable to moderate water
temperature safely, shall have a water temperature not greater than
110°F.
(5) Sleeping quarters.
(i) Buildings housing campers who are
non-ambulatory or use a wheelchair shall have ramps constructed in accordance
with the Uniform Code to facilitate access and egress.
(ii) Non-ambulatory campers shall not have
their sleeping accommodations above the ground floor.
(6) Location; grounds. Exterior paths of
travel shall be free of encumbrances and provide an appropriate surface for
movement during inclement weather as appropriate for the camp population being
served.
(b) Children's camps for children with developmental disabilities. In addition to the requirements listed in subdivision (a) of this section, the following requirements shall apply to all children's camps for children with developmental disabilities, as defined as defined in section 7-2.2 of this Subpart:
(1) Definitions. The following
definitions apply to this subdivision:
(i)
Camp staff shall mean a director, operator, employee or
volunteer of a children's camp; or a consultant, employee or volunteer of a
corporation, partnership, organization or government entity which provides good
or services to a children's camp pursuant to contract or other arrangement that
permits such person to have regular or substantial contact with individuals who
are cared for by the children's camp.
(ii)
Department shall mean
the New York State Department of Health.
(iii)
Justice Center shall
mean the Justice Center for the Protection of People with Special Needs, as
established pursuant to section 551 of the Executive Law.
(iv)
Reportable incidents
shall include the following:
(a)
Abuse and neglect shall mean those actions by camp staff that
satisfies the definitions of "physical abuse", "sexual abuse", "psychological
abuse", "deliberate use of restraints", "use of aversive conditioning",
"obstruction of reports of reportable incidents", "unlawful use or
administration of controlled substance" and "neglect" all as defined in section 488 of Social Services Law.
(b)
Significant incident
shall mean an incident, other than an incident of abuse or neglect as defined
by clause (a) of this subparagraph that because of its
severity or the sensitivity of the situation may result in, or has the
reasonably foreseeable potential to result in, harm to the health, safety, or
welfare of a camper with a developmental disability. A significant incident
shall include but not limited to:
(1) conduct
between campers with developmental disabilities that would constitute abuse, as
defined in this section, if it had been conducted by a camp staff member;
or
(2) conduct by a camp staff
member which is inconsistent with the individual treatment plan for a camper
with a developmental disability, generally accepted treatment practices and/or
applicable Federal or State laws, regulations or policies, and impairs or
creates a reasonably foreseeable potential to impair the health, safety or
welfare of a camper with a developmental disability. Such conduct shall include
but is not limited to: actions incorporated within the definitions of
"unauthorized seclusion," "unauthorized use of time-out," "administration of a
prescribed or over-the-counter medication, which is inconsistent with a
prescription or order issued by a licensed, qualified health care practitioner,
and which has an adverse effect," and "inappropriate use of restraints," as
defined in section 488 of the Social Services Law.
(v)
Personal
representative shall mean a camper's parent, guardian, or person
authorized under State, tribal, military or other applicable law to act on
behalf of a camper with a developmental disability in making health care
decisions.
(2) Personnel
and supervision.
(i) The camp director, who
may also be the camp operator, shall possess a bachelor's degree from an
accredited program in the field of physical education, recreation, education,
social work, psychology, rehabilitation or related human services fields and
shall present evidence of specialized training or one year of experience in
treating or working with individuals with a developmental disability.
(ii) A camp director does not have to meet
the minimum requirements of subparagraph (i) of this paragraph if:
(a) the individual was a camp director for a
camp for children with developmental disabilities during each of the three
camping seasons preceding the 1986 camping season;
(b) conditions at the camp did not threaten
the health or safety of campers during that person's tenure as camp director;
and
(c) the individual otherwise
meets the minimum qualifications for a camp director, as set forth in section
7-2.5
of this Subpart.
(iii)
The camp director shall not be on the Justice Center staff exclusion list (SEL)
consistent with paragraph (6) of this subdivision.
(iv) The camp director shall develop a
written staff training program appropriate to the specific needs of the campers
with developmental disabilities enrolled in the camp.
(v) There shall be at least one counselor in
addition to the driver in any vehicle transporting campers with developmental
disabilities or as provided in the camp safety plan approved under section
7-2.5(n)
of this Subpart.
(3)
Medical requirements. The camp health director shall be a physician,
physician's assistant, registered nurse or licensed practical nurse and shall
be on-site for the period the camp is in operation.
(4) Reporting. In addition to reporting
incidents as required by Part 5 of this Title and by sections
7-2.8(d),
7-2.5(n)(3)
and
7-2.6(f)(4)
of this Subpart, all camp staff shall immediately report any reportable
incident, as defined in subparagraph (1)(iv) of this subdivision, involving a
camper with a developmental disability, to the permit-issuing official and to
the Justice Center's vulnerable person's central register (VPCR). Such report
shall be provided in a form and manner as required by the department and
Justice Center.
(5) Immediate
protections and notifications.
(i)
Immediately upon notification of abuse, neglect or significant incident as
defined by subparagraph (1)(iv) of this subdivision, the camp operator or
designee shall ensure appropriate actions are taken to address the immediate
physical and psychological needs of the camper(s), implement protections to
ensure the safety and mitigate further risk to campers, and document such
actions and implementations.
(ii)
The camp director or designee shall notify a camper with a developmental
disability and the camper's personal representative that the camper is an
alleged victim or potential witness of an incident of abuse or neglect. Alleged
victims shall be notified within 24 hours and potential witnesses shall be
notified within 48 hours of the permit-issuing official reporting, to the camp
director or designee, that an incident of abuse or neglect has been accepted by
the Justice Center for investigation. There shall be no notification of a
personal representative if the alleged victim or potential witness objects to
such notification or if providing such notification would compromise the
investigation, violate relevant confidentiality laws, be contrary to court
order, or otherwise contrary to the best interests of the alleged victim or the
potential witness.
(iii) Camp staff
shall document in writing that notice was given or that a diligent effort to
make such notification was made for each camper.
(6) Camp staff screening, training, and code
of conduct.
(i) Prior to hiring anyone who
will or may have direct contact with campers, or approving credentials for any
camp staff, the operator shall follow the procedures established by the Justice
Center in regulations or policy, to verify that such person is not on the
Justice Center's staff exclusion list (SEL) established pursuant to section 495 of the Social Services Law. If such
person is not on the Justice Center's staff exclusion list (SEL), the operator
shall also consult the Office of Children and Family Services State Central
Registry of Child Abuse and Maltreatment as required by section 424-a of the Social Services Law. Such
screening is in addition to the requirement that the operator similarly verify
that a prospective camp staff is not on the sexual abuse registry, as required
by section
7-2.5(l)
of this Subpart.
(ii) A camp
operator shall ensure that camp staff receive training regarding mandated
reporting and their obligations as mandated reporters as defined by article 11
of Social Services Law. A camp operator shall ensure that the telephone number
for the Justice Center's VPCR hotline for the reporting of reportable incidents
is conspicuously displayed in areas accessible to mandated reporters and
campers.
(iii) The camp operator
shall ensure that all camp staff are provided with a copy of the code of
conduct established by the Justice Center pursuant to section 554 of
Executive Law. Such code of conduct shall be provided at the time of initial
employment, and at least annually thereafter during the term of employment.
Receipt of the code of conduct shall be acknowledged and the recipient shall
further acknowledge that he or she has read and understands such code of
conduct.
(7) Disclosure
of information.
(i) Except to the extent
otherwise prohibited by law, the camp operator shall be obliged to share
information relevant to the investigation of any incident subject to the
reporting requirements of this Subpart with the permit-issuing official, the
department, and the Justice Center. The permit-issuing official, the department
and the Justice Center shall, when required by law, or when so directed by the
department or the Justice Center and except as otherwise prohibited by law, be
permitted to share information obtained in their respective investigations of
incidents subject to the reporting requirements of paragraph (4) of this
subdivision.
(ii) Except as
otherwise prohibited by law, the operator of a camp not otherwise subject to
article 6 of the Public Officers Law shall make records available for public
inspection and copying to the extent required by subdivision 6 of section 490 of the Social Services Law.
(8) Incident management.
(i) The camp operator shall cooperate fully
with the investigation of reportable incidents involving campers with
developmental disabilities and shall provide all necessary information and
access to conduct the investigation. The camp operator shall promptly obtain an
appropriate medical examination of a physically injured camper with a
developmental disability. The camp operator shall provide information, whether
obtained pursuant to the investigation or otherwise, to the Justice Center and
permit-issuing official upon request, in the form and manner requested. Such
information shall be provided in a timely manner so as to support completion of
the investigation subject to the time limits set forth in this
subdivision.
(ii) Unless delegated
by the Justice Center to the department, an allegation of abuse or neglect as
defined in clause (1)(iv)(a) of this subdivision, shall be
investigated by the Justice Center. With regard to an alleged significant
incident, as defined in clause (1)(iv)(b) of this subdivision,
the permit-issuing official shall initiate a prompt investigation of the
allegation, unless the Justice Center agrees that it will undertake such
investigation. An investigation conducted by the permit-issuing official shall
commence no later than five business days after notification of such an
incident. Additional time for completion of the investigation may be allowed,
subject to the approval of the department, upon a showing of good cause for
such extension. At a minimum, the investigation of any reportable incident
shall comply with the following:
(a)
Investigations shall include a review of medical records and reports, witness
interviews and statements, expert assessments, and the collection of physical
evidence, observations and information from care providers and any other
information that is relevant to the incident. Interviews should be conducted by
qualified, objective individuals in a private area which does not allow those
not participating in the interview to overhear. Interviews must be conducted of
each party or witness individually, not in the presence of other parties or
witnesses or under circumstances in which other parties or witnesses may
perceive any aspect of the interview. The person alleging the incident, or who
is the subject of the incident, must be offered the opportunity to give his/her
version of the event. At least one of the persons conducting the interview must
have an understanding of, and be able to accommodate, the unique needs or
capabilities of the person being interviewed. The procedures required by this
clause may be altered if, and only to the extent necessary to, comply with an
applicable collective bargaining agreement.
(b) All evidence must be adequately protected
and preserved.
(c) Any information,
including but not limited to documents and other materials, obtained during or
resulting from any investigation shall be kept confidential, except as
otherwise permissible under law or regulation, including but not limited to
article 11 of the Social Services Law.
(d) Upon completion of the investigation, a
written report shall be prepared which shall include all relevant findings and
information obtained in the investigation and details of steps taken to
investigate the incident. The results of the investigation shall be promptly
reported to the department, if the investigation was not performed by the
department.
(e) If any remedial
action is necessary, the permit-issuing official shall establish a plan in
writing with the camp operator. The plan shall indicate the camp operator's
agreement to the remediation and identify a follow-up date and person
responsible for monitoring the remedial action. The plan shall be provided, and
any measures taken in response to such plan shall be reported to the
department.
(f) The investigation
and written report shall be completed and provided to the department within 45
days of when the incident was first reported to the Justice Center.
(iii) At the conclusion of an
investigation of an alleged reportable incident, the camp operator shall:
(a) assess the need for corrective
actions;
(b) report corrective
actions plans to the permit-issuing official within 45 days of the conclusion
of an investigation from the Justice Center or permit-issuing official;
and
(c) implement corrective
actions identified by the camp, or required by the permit issuing official or
the Justice Center. Corrective action plans shall be implemented as soon as
possible but within 90 days of the completion of an investigation unless the
camp has closed for the season. If closed for the season, corrective action
plans shall be implemented when the camp reopens.
(iv) Incident review committee.
(a) The camp shall maintain a facility
incident review committee, in accordance with 14 NYCRR Part 704. The incident
review committee shall be composed of members of the governing body of the
children's camp and other persons identified by the camp operator, including
some members of the following: camp administrative staff, direct support staff,
licensed health care practitioners, service recipients, the permit-issuing
official or designee and representatives of family, consumer and other advocacy
organizations, but not the camp director. The camp operator shall convene a
facility incident review committee to review the timeliness, thoroughness and
appropriateness of the camp's responses to reportable incidents; recommend
additional opportunities for improvement to the camp operator, if appropriate;
review incident trends and patterns concerning reportable incidents; and make
recommendations to the camp operator to assist in reducing reportable
incidents. The facility incident review committee shall meet each year in which
there is a reportable incident. When the incident review committee is
responsible for approving or developing corrective action plans, the committee
shall meet within 45 days of the conclusion of an investigation, unless an
extension for such plans has been granted by the Justice Center.
(b) Pursuant to paragraph (f) of subdivision
(1) of section 490 of the Social Services Law and 14 NYCRR
Part 704, a camp operator may seek an exemption from the requirement to
establish and maintain an incident review committee. In order to obtain an
exemption, the camp operator shall file an application with the permit-issuing
official and provide sufficient documentation and information to demonstrate
that compliance would present undue hardship, that granting an exemption would
not create an undue risk of harm to campers' health and safety and specify an
alternative process to ensure appropriate review and evaluation of reportable
incidents. The permit-issuing official shall consult with the department and
shall not grant or deny an application for an exemption unless it first obtains
department approval for the proposed decision. An operator shall meet all terms
of an approved exemption(s). An exemption shall remain in effect until revoked
by the permit-issuing official. A camp operator shall immediately notify the
permit-issuing official when conditions, upon which the incident review
committee exemption was granted, have changed.
(9) In addition to the requirements specified
by section
7-2.4(d) and
(g) of this Subpart, a permit may be denied,
revoked, or suspended if the children's camp fails to comply with regulations,
policies, or other requirements of the Justice Center. In considering whether
to issue a permit to a children's camp, the permit-issuing official shall
consider the children's camp's past and current compliance with the
regulations, policies, or other requirements of the Justice Center.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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