Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Any abuse or maltreatment of a child is prohibited.
A day care center must prohibit and may not tolerate or
in any manner condone an act of abuse or maltreatment by an 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 child day care centers licensed by the office are as follow:
(1) Statewide Central Register of Child Abuse
and Maltreatment and Justice Center for the Protection of Persons with Special
Needs.
(i) The child day care center 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) The child day
care center 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
director, employee, or volunteer.
(2) Prior to the office making any inquiries
pursuant to paragraph (1) of this subdivision, the child day care center 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, child care center 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 child care center workers is an abused or maltreated child. This
must be done in the following manner:
(1)
Child care center 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 licensee of the
center that the report was made.
(d) The director or licensee of the child day
care center 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
center. Immediately after making or causing to be made a report pursuant to
subdivision (c) of this section, the director or licensee of the center 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 center. The director or licensee 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
center.
(e) In meeting his or her
responsibilities pursuant to this section, the director or licensee of the
child day care center 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 center relevant to a report of
child abuse or maltreatment involving a child while in attendance at the
center:
(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.
