New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 2 - Family and Children's Services
Part 415 - Child Care Services
Section 415.16 - Child abuse and maltreatment
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 415.16
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Any abuse or maltreatment of a child is prohibited. 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) With regard to any person required to submit to a check of the Statewide Central Register of Child Abuse and Maltreatment pursuant to section 415.15 of this Part:
(1) The office or its designee must inquire
of the Statewide Central Register of Child Abuse and Maltreatment 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.
(2) The office or its
designee must 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.
(3) No provider,
director, employee or volunteer shall have unsupervised contact with children
who receive subsidized care prior to obtaining the result of the inquiries
required by this section.
(i) Any informal
child care provider, director of a legally-exempt group child care program,
employee, or volunteer must report or cause such a report to be made to the
Statewide Central Register of Child Abuse and Maltreatment when there is
reasonable cause to suspect that a child has been abused or maltreated. In the
case that a child is in immediate danger, any informal child care provider,
director of a legally-exempt group child care program, or employee must call
911 or the local emergency number.
(ii) The legally-exempt child care provider
is responsible for implementing procedures which ensure the safety and
protection of any child named in a report of child abuse or
maltreatment.
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