9 CRR-NY 182-2.11NY-CRR
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE E. OFFICE OF CHILDREN AND FAMILY SERVICES
PART 182. RUNAWAY AND HOMELESS YOUTH REGULATIONS
SUBPART 182-2. RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAMS
9 CRR-NY 182-2.11
9 CRR-NY 182-2.11
182-2.11 Prevention and remediation of child abuse and maltreatment in residential programs.
(a) Reporting abuse, neglect and significant incidents.
Each director of a residential program shall ensure that all employees, consultants, and volunteers are provided with written information regarding the statutory requirements for reporting suspected incidents of abuse, neglect and significant incidents.
(b) Child abuse prevention plan.
Each residential program shall develop written procedures, available onsite, for the protection of youth when there is reason to believe an incident has occurred which would render a youth abused or neglected as defined in section 488 of the Social Services Law. Such procedures shall include, but shall not be limited to, the following:
Immediate notification of any reportable incident shall be made to:
(i) the Vulnerable Persons’ Central Register;
(ii) local law enforcement officials, if it appears likely that a crime has been committed against a child, or confirm that such notification has already been made; and
(iii) the office and the program's administrative agency.
(2) Investigation procedures shall be in accordance with 18 NYCRR Part 433 and any regulations, policy or guidance issued by the Justice Center for the Protection of People with Special Needs (Justice Center) and provide necessary assistance to the Justice Center or the office and, if applicable, local law enforcement officials in their investigation thereof. Immediately upon notification that a report of abuse or neglect has been made to the Vulnerable Persons’ Central Register, the director of the program or his or her designee shall:
(i) preserve any relevant audio or visual recording;
(ii) preserve any other potential evidence;
(iii) obtain proper medical evaluation and/or treatment for the youth, as needed, with documentation of any evidence of abuse or neglect; and
(iv) provide necessary assistance to the Justice Center, office, and, if applicable, local law enforcement officials in their investigation thereof.
(3) Safety procedures.
Upon notification that a report of abuse or neglect has been made to the Vulnerable Persons’ Central Register with respect to a youth in the residential program, the director or his or her designee shall evaluate the situation and immediately take appropriate action to protect the health and safety of the youth involved in the report and of any other youth similarly situated in the program. Additional action shall be taken whenever necessary to prevent future incidents of abuse and neglect. Any action taken should cause as little disruption as possible to the daily routines of the youth in program. The following alternatives shall be considered in determining the course of action that will be taken with regard to a specific incident of alleged abuse or neglect:
(i) removal or transfer of the alleged subject of the report, consistent with the policy of the agency's board of directors, appropriate collective bargaining agreement(s) and applicable provisions of the Civil Service Law;
(ii) initiation of disciplinary action against the alleged subject of the report, consistent with appropriate collective bargaining agreement(s) and applicable provisions of the Civil Service Law;
(iii) increasing the degree of supervision of the alleged subject of the report;
(iv) provision of counseling to the alleged subject of the report;
(v) provision of increased training to staff, consultants and volunteers pertinent to the prevention and remediation of abuse and neglect;
(vi) removal or transfer of the youth, consistent with applicable placement procedures, if it is determined that there is a risk to such youth in remaining in that program. In such case, the county runaway and homeless youth service coordinator and the division shall be notified of any such removal or transfer; and
(vii) provision of counseling to the youth involved in the report and any other youth, as appropriate.
(4) Plans of prevention and remediation. Upon receipt from the Justice Center or the office of a substantiated report of abuse or neglect or an unsubstantiated report of abuse or neglect where the Justice Center or the office has determined that it appears likely that a crime may have been committed against a child or that there has been a violation of the statutory, regulatory or other requirements related to the care and treatment of individuals receiving services, the director of the program shall consider any appropriate recommendations received from the Justice Center or the office for preventative and remedial action, including legal action, and shall:
(i) within 10 calendar days of receipt of a substantiated report of abuse or neglect, develop and implement a written plan of action to be taken with respect to an individual employee or volunteer to protect the continued health and safety of the youth in program and to provide for the prevention of future acts of abuse or neglect, which plan shall include, at a minimum, those actions taken pursuant to paragraph (3) of this subdivision. Such plan will also describe the actions taken to address the investigation's findings. The plan shall be subject to approval by the office; and
(ii) in the event an investigation of a report of alleged abuse or neglect indicates that such abuse or neglect may be attributed in whole or in part to noncompliance by the program with provisions of article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-H of the Executive Law or the regulations of the office, develop and implement a plan of prevention and remediation which, at a minimum, shall address each area of noncompliance and indicate how the program will come into compliance with article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-H of the Executive Law and the applicable regulations. Such plan will also describe the actions taken to address the investigation's findings. Such plan shall be developed in conjunction with and subject to approval by the office, for submission to the office.
(i) Staff/consultant training. Subject to the amounts appropriated for such purposes, abuse, neglect and significant incident prevention training shall be provided to all administrators, employees, volunteers and consultants to the program on a regular basis and in accordance with regulations or guidance provided by the Justice Center. Priority shall be given to the training of administrators, employees, volunteers and those consultants whose duties involve regular and/or substantial contact with youth in residential programs.
(ii) The purpose of such training shall be to increase the participants' level of awareness, encourage positive attitudes and enhance knowledge and skill development in at least the following areas:
(a) abuse, neglect and significant incident prevention and identification;
(b) safety and security procedures;
(c) principles of child development;
(d) characteristics of the youth in care;
(e) techniques of group and child management, including crisis intervention;
(f) laws, regulations and procedures governing the protection of vulnerable persons from abuse, neglect and significant incidents, including reporting responsibilities; and
(g) other relevant information provided by the office.
(iii) Administrators may be exempted by the office from such training requirements upon demonstration of substantially equivalent knowledge or experience.
(6) Instruction of youth. Instruction shall be provided to all youth in techniques and procedures for protection from abuse, neglect and significant incidents and any other training requirements in accordance with regulations, policy or guidance issued by the office and/or the Justice Center. Such instruction shall be:
(i) appropriate for the age, individual needs and particular circumstances of the youth, including the existence of mental, physical, emotional or sensory disabilities and the needs and circumstances within the specific residential program;
(ii) provided within 72 hours of a youth's admission in a manner which will ensure that all youth receive such instruction; and
(iii) provided by individuals who possess appropriate knowledge and training and documented by the program.
9 CRR-NY 182-2.11
Current through September 15, 2021
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