16.29 - Child abuse and maltreatment in residential care.
§ 16.29 Child abuse and maltreatment in residential care. (a) The commissioner shall promulgate regulations establishing standards for the protection of children in residential care from abuse and maltreatment, including procedures for: (1) reviewing and evaluating the backgrounds of and information supplied by any person applying to be an employee, a volunteer or consultant, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law. Such review and evaluation shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references and relevant experiential and educational information and, sign a sworn statement whether, to the best of his or her knowledge, he or she has ever been convicted of a crime in this state or any other jurisdiction; (2) establishing minimal experiential and educational qualifications for employees that are consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law; (3) assuring adequate and appropriate supervision of employees, volunteers and consultants; (4) demonstrating that appropriate action is taken to assure the safety of the child who is reported to the state central register as well as other children in care, immediately upon notification that a report of child abuse or maltreatment has been made with respect to a child in a residential facility; (5) removing a child when it is determined that there is a risk to such child if he or she continues to remain in a residential facility; and (6) taking appropriate preventive and remedial action, including legal action, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law. Such standards shall also establish as a priority that: (i) administrators, employees, volunteers and consultants receive training in at least the following: child abuse prevention and identification, safety and security procedures, the principles of child development, the characteristics of children in care and techniques of group and child management including crisis intervention, the laws, regulations and procedures governing the protection of children from abuse and maltreatment, and other appropriate topics provided, however, that the office may exempt administrators and consultants from such requirements upon demonstration of substantially equivalent knowledge or experience; and (ii) children receive instruction consistent with their age, needs and circumstances as well as the needs and circumstances within the facility or program, in techniques and procedures which will enable such children to protect themselves from abuse and maltreatment. The commissioner shall take all reasonable and necessary actions to assure that employees, volunteers and consultants in residential care facilities are kept apprised on a current basis of all policies and procedures of the office relating to the protection of children from abuse and maltreatment, and shall monitor and supervise the provision of training to such administrators, employees, volunteers, children and consultants. Standards developed pursuant to this subdivision shall, to the extent possible, be consistent with those promulgated by other state agencies for such purposes. (b) The commissioner shall provide necessary assistance to the state commission on quality of care and advocacy for persons with disabilities in the conduct of investigations pursuant to section 45.07 of this chapter, shall consider its recommendations for appropriate preventiveand remedial action including legal actions, and shall provide or direct a residential facility licensed or operated by the office of mental retardation and developmental disabilities to provide written reports thereon to the commission as to the implementation of plans of prevention and remediation approved by such office. (c) The commissioner shall provide for the development and implementation of a plan of prevention and remediation with respect to an indicated report of child abuse or maltreatment. Such action shall include: (i) within ten days of receipt of an indicated report of child abuse or maltreatment, development and implementation of a plan of prevention and remediation to be taken with respect to a custodian or the residential facility in order to assure the continued health and safety of children and to provide for the prevention of future acts of abuse or maltreatment; and (ii) development and implementation of a plan of prevention and remediation, in the event an investigation of a report of alleged child abuse or maltreatment determines that some credible evidence of abuse or maltreatment exists and such abuse or maltreatment may be attributed in whole or in part to noncompliance by the facility with the provisions of this chapter or regulations of the office applicable to the operation of such residential facility. Any plan of prevention and remediation required to be developed pursuant to this subdivision by a facility supervised by the office shall be submitted to and approved by such office in accordance with time limits established by regulations of such office. Implementation of the plan shall be monitored by such office. In reviewing the continued qualifications of a residential facility or program for an operating certificate, the office shall evaluate such facility's compliance with plans of prevention and remediation developed and implemented pursuant to this subdivision.