424-D - Determinations rendered on reports of abuse or neglect of children in residential facilities or programs and actions to be taken.
§ 424-d. Determinations rendered on reports of abuse or neglect of children in residential facilities or programs and actions to be taken. With respect to determinations made pursuant to subdivision seven of section four hundred twenty-four-c of this title: 1. A report shall be indicated if the investigation reveals some credible evidence that a child in residential care has been abused or neglected, as those terms are defined by subdivisions one and two of section four hundred twelve-a of this title, and a specific custodian is identified as being responsible, whether in whole or in part, for such abuse or neglect of the child, by: (a) committing, promoting or knowingly permitting the commission of any of the acts identified in paragraph (d) of subdivision one of section four hundred twelve-a of this title or committing any of the acts identified in paragraph (a) of subdivision one or paragraph (d) of subdivision two of such section; or (b) causing the physical, mental or emotional injury or impairment of a child or the substantial risk of such injury or impairment by: (i) direct action; (ii) conduct and with knowledge or deliberate indifference allowing any such injury, impairment or risk; (iii) failing to exercise a minimum degree of care; (iv) failing to comply with a rule or regulation involving care, services or supervision of a child promulgated by the state agency operating, certifying or supervising the residential facility or program where it was reasonably foreseeable that such failure would result in the abuse or neglect of the child; or (v) failing to meet a personal duty imposed by an agreed upon plan of prevention and remediation arising from abuse or neglect of a child in residential care pursuant to this chapter, the mental hygiene law, the executive law, or the education law. 2. If the office of children and family services determines that there is reasonable cause to suspect that the child's parent, or any other person legally responsible for the child other than a custodian of the child, abused or maltreated the child, the office of children and family services shall make a separate report to the statewide central register for investigation by the applicable local child protective service, unless such a report has already been made. 3. If the office of children family services determines that it appears likely that a crime may have been committed against a child, regardless of whether a report is indicated or unfounded, the office of children and family services shall transmit a report of the allegations and findings to the appropriate law enforcement authority or confirm that such a report has already been transmitted. 4. If the office of children and family services determines that it appears likely that a crime may have been committed against a child, regardless of whether a report is indicated or unfounded; that a violation of the statutory, regulatory or other requirements of the licensing agency or operating state agency relative to the care and treatment of individuals receiving services has occurred, regardless of whether a report is indicated or unfounded; or that a report is indicated: (a) the office of children and family services shall report its findings to the director of the facility and to the appropriate licensing or operating state agency or, within such office, to the appropriate office staff; (b) the office of children and family services shall recommend to the facility and the licensing state agency that appropriate preventive and remedial actions, if any, which may include enforcement or disciplinaryactions authorized under section four hundred-sixty-d of this chapter, sections five hundred three and five hundred thirty-two-e of the executive law, article seven, thirteen, sixteen, nineteen, thirty-one, or thirty-two of the mental hygiene law, and/or applicable collective bargaining agreements, be undertaken with respect to a residential care facility and/or the subject of the report of child abuse or neglect; (c) the facility and the licensing state agency shall initiate any necessary and appropriate corrective action within a reasonably prompt period of time; and (d) within a reasonably prompt period of time, the facility shall submit to the appropriate licensing state agency and to the office of children and family services, and the licensing state agency shall submit, with a copy to the facility, to such office a written report of the actions taken to address such office's findings and such subsequent progress reports as the office may require including any actions to implement a plan of prevention and remediation as required by this chapter, the executive law, the mental hygiene law or the education law; provided, however, that notwithstanding any other provision of this section, whenever it appears likely to the office of children and family services, the appropriate licensing or operating state agency, or the facility that a crime has been committed against a child, such entity shall immediately notify the appropriate law enforcement agency or confirm that such notification has already been made.