New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter L - Homeless Housing And Assistance Program
Part 901 - Mandated Reporter Requirement and Background Checks
Subpart 901-2 - CRIMINAL HISTORY INFORMATION REVIEWS
Section 901-2.7 - Responsibilities of providers of services
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 901-2.7
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Recordkeeping.
(1) Each provider of services subject to the
provisions of this Subpart shall establish, maintain, and keep current the
following records:
(i) a current roster of
employees and list of staffing assignments;
(ii) a current roster of
volunteers;
(iii) a current roster
of assistants;
(iv) a current
roster of consultants;
(v) names of
all persons for whom a request for a criminal history information check was
submitted to the Division, identifying whether the person was applying for an
employment, consultant, assistant or volunteer position;
(vi) for each such name identified, except
for withdrawing persons, a copy of his or her signed informed consent form
required pursuant to section 901-2.3 of this Subpart, and determination of the
provider of services with regard to the employment, consultant, assistant or
volunteer service of the individual; and
(vii) a record identifying whether such
individual was hired, contracted with or permitted to engage in volunteer
services, the position such individual holds, and any limitations placed on
such employment or service.
(2) Such records shall be maintained, where
authorized by the Division, in a manner that ensures the security of the
information contained therein for the purpose of monitoring compliance with
this Subpart.
(b) Retention and disposal of information.
(1)
Each provider of services subject to the provisions of this Subpart shall
maintain, where authorized by the Division, information necessary to
demonstrate compliance with this Subpart, 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 901-2.2 of this Subpart (i.e., the
person is no longer employed in, or volunteers as, or serves as an assistant or
consultant in a position that involves regular and substantial contact with
children who are served by the shelter and applicants who are ultimately not
hired), unless otherwise directed by the Office.
(2) A provider of services subject to this
Subpart shall destroy the summary of the criminal history information and/or
any other information related to criminal background checks unless otherwise
authorized by the Division.
(3)
Destruction of criminal history information and provider of services
determinations shall be performed in a manner that ensures the confidentiality
of the information.
(4) If a
subject individual withdraws from the application process, without prejudice,
at any time regardless of whether he or she or the provider of services has
reviewed his or her criminal history information, upon such withdrawal from the
application process, any fingerprints and criminal history information received
by the provider of services shall be returned to the withdrawing
applicant.
(c) Policies and procedures. Each provider of services subject to the provisions of this Subpart shall have policies and procedures designed to implement the provisions of this Subpart. Amendment of existing personnel and volunteer policies and procedures to reflect these new requirements may be deemed sufficient compliance with this subdivision.
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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