Current through Register Vol. 46, No. 39, September 25, 2024
(a) Recordkeeping.
(1) Each provider of services subject to the
provisions of this Part shall establish, maintain, and keep current, a record
of:
(i) a current roster of employees and
list of staffing assignments;
(ii)
a current roster of volunteers;
(iii) names of all persons for whom a request
for a criminal background history was submitted to the Justice Center,
identifying whether the person was applying for an employment or volunteer
position;
(iv) for each such name
identified, a copy of his or her signed informed consent form required pursuant
to section
550.5
of this Part, and the results of the criminal background history and
determination of the office with regard to the employment or volunteer service
of the individual; and
(v) a record
identifying whether such individual was hired or permitted to engage in
volunteer services, what position he or she holds, and any limitations placed
on such employment or service.
(2) Such record shall be maintained in a
manner that ensures the security of the information contained therein, but
which also assures the office of immediate and unrestricted access to such
information upon its request, for the purpose of monitoring compliance with
this Part.
(b)
Notifications. A provider of services must immediately, but no
later than within 14 days after the event, inform the Justice Center, and
document that such notification occurred, when:
(1) any prospective employee or volunteer who
is subject to criminal history record review in accordance with this section
has withdrawn the application or is no longer being considered for the position
for which the person applied; or
(2) a hiring decision has been made with
respect to any prospective employee or volunteer who was subject to, and
underwent, a criminal history record review in accordance with this section;
and/or
(3) any employee or
volunteer who was subject to, and underwent, a criminal history record review
in accordance with this section is no longer employed by or volunteering at the
program or facility.
(c)
Retention and disposal of information.
(1) Each provider of services subject to the
provisions of this Part shall maintain information necessary to demonstrate
compliance with this Part, as set forth in subdivision (a) of this section, for
at least six years after which the person ceases to be a subject individual, as
defined in section
550.4 of
this Part (i.e., the person is no longer employed in, or volunteers as, a
position that involves regular and substantial contact with clients), unless
otherwise directed by the Justice Center.
(2) If directed to do so by the Justice
Center, a provider of services subject to this Part shall dispose of the
summary of the criminal history information and/or any other information
related to criminal background checks in accordance with such
direction.
(3) Disposal of the
criminal history information and Justice Center determinations shall be
performed in a manner that ensures the confidentiality of the
information.
(d)
Policies and procedures. Each provider of services subject to the provisions of
this Part shall have policies and procedures designed to implement the
provisions of this Part. Amendment of existing personnel and volunteer policies
and procedures to reflect these new requirements may be deemed sufficient
compliance with this subdivision.
(e)
Requests by the Justice
Center. Each provider of services subject to the provisions of this
Part shall make information available to the Justice Center as necessary to
fulfill its statutory obligations as set forth in Section 553 of the Executive Law and subdivision six
of Section 490 of the Social Services Law.
