Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Any abuse or maltreatment of a child is prohibited. A school-age child care
program must prohibit and may not tolerate or in any manner condone an act of
abuse or maltreatment by a staff, volunteer or any other person. An
abused child or maltreated child means a
child defined as an abused child or maltreated child pursuant to section 412 of the Social Services Law.
(b) Screening requirements for school-age
child care programs registered with the office are as follows:
(1) Statewide Central Register of Child Abuse
and Maltreatment and Justice Center for the Protection of Persons with Special
Needs.
(i) School-age child care programs
must submit to the office the information necessary to inquire of the Statewide
Central Register of Child Abuse and Maltreatment whether any prospective
operator, director, employee or volunteer is the subject of an indicated report
of child abuse or maltreatment on file with the Statewide Central Register of
Child Abuse and Maltreatment. In accordance with a schedule developed by the
office, the office must inquire whether any existing operator, director,
employee or volunteer is the subject of an indicated report of child abuse or
maltreatment on file with the Statewide Central Register of Child Abuse and
Maltreatment.
(ii) School-age child
care programs must submit to the office the information necessary to check the
register of substantiated category one cases of abuse or neglect maintained by
the Justice Center for the Protection of Persons with Special Needs per section 495 of the Social Services Law before
determining whether to hire or otherwise allow any person as a prospective
operator, director, employee, or volunteer.
(2) Prior to the office making any inquiries
pursuant to paragraph (1) of this subdivision, the school-age child care
program must notify, in the form prescribed by the office, the person who will
be the subject of the inquiries, that:
(i) an
inquiry will be made to determine whether such person is the subject of an
indicated report of child abuse or maltreatment on file with the Statewide
Central Register of Child Abuse and Maltreatment; and
(ii) an inquiry will be made to determine
whether such person is listed on the register of substantiated category one
cases of abuse or neglect maintained by the Justice Center for the Protection
of Persons with Special Needs per section 495 of the Social Services Law.
(3) After completion of required
inquiries as provided for in this section and all other criminal history review
and background clearances as provided for in section
413.4 of
this Title, the office shall notify the applicant and program whether the
applicant is authorized or unauthorized to care for children based on the
outcome of such inquiries.
(c) In accordance with the provisions of
sections 413 and 415 of the Social Services Law, school-age child care program
staff must immediately report any suspected incidents of child abuse or
maltreatment concerning a child receiving child care to the Statewide Central
Register of Child Abuse and Maltreatment or cause such a report to be made when
such staff have reasonable cause to suspect that a child coming before them in
their capacity as school-age child care program workers is an abused or
maltreated child. This must be done in the following manner:
(1) school age child care program staff must
personally make, or cause to be made, an immediate report to the Statewide
Central Register of Child Abuse and Maltreatment by telephone, followed by a
written report within 48 hours, in the form and manner prescribed by the
office, to the child protective service of the social services district in the
county in which the child resides.
(2) After making the initial report, the
reporting staff person must immediately notify the director or registrant of
the school age child care program that the report was made.
(d) The director or registrant of
the school-age child care program is responsible for implementing procedures
which ensure the safety and protection of any child named in a report of child
abuse or maltreatment involving a situation which occurs while the child is in
attendance at the program. Immediately after making or causing to be made a
report pursuant to subdivision (c) of this section, the director or registrant
of the program must take such appropriate action as is necessary to ensure the
health and safety of the children involved in the report and, as necessary, of
any other children in the care of the program. The director or registrant must
also take all reasonable steps to preserve any potential evidence of abuse or
maltreatment. Insofar as possible, any action taken under this subdivision must
cause as little disruption as possible to the daily routine of the children in
the program.
(e) In meeting his or
her responsibilities pursuant to this section, the director or registrant of
the school-age child care program may, consistent with any appropriate
collective bargaining agreements or applicable provisions of law, take one or
more of the following actions with regard to staff of the program relevant to a
report of child abuse or maltreatment involving a child while in attendance at
the program:
(1) dismissal, suspension or
transfer of any staff, volunteer or other person who is the subject of a child
abuse or maltreatment report;
(2)
increased supervision over a person who is the subject of a report;
(3) provision of instruction and/or remedial
counseling to a person who is the subject of a report;
(4) initiation of appropriate disciplinary
action where applicable; and/or
(5)
provision of appropriate training to and/or increased supervision of staff
and/or volunteers pertinent to the prevention and remediation of child abuse
and maltreatment.
