18 CRR-NY 900.8NY-CRR
18 CRR-NY 900.8
18 CRR-NY 900.8
900.8 Shelter staff and staff qualifications.
(a) The operator of a shelter for families shall provide staff sufficient in number and qualified by training and experience to render those services mandated by statute or regulation. The office will monitor the staffing of facilities to ensure comparability of staffing patterns and staff salaries in relation to the service needs of the residents.
(b) The operator shall develop and maintain written personnel policies and procedures.
(c) A current, written staffing schedule shall be maintained.
(d) The operator shall maintain personnel records which are current, contain sufficient information to support a person’s placement in any employment position required by these regulations and record all wages, benefits, reimbursements, bonuses, gifts or payments given any employee or resident.
(e) Facility administrator.
The operator shall designate an administrator who shall be directly accountable to the operator for operating and maintaining the facility in compliance with this Part, the operational plan approved by the office, and all applicable laws, regulations, and codes. A facility operator may designate himself or herself as the facility administrator.
(1) The facility administrator shall be at least 21 years of age, be mentally and physically capable of carrying out the duties of an administrator, and shall be responsible for the following oversight activities:
(i) general supervision of the facility;
(ii) recruitment and general supervision of staff and volunteers;
(iii) general supervision of resident services;
(iv) admission, transfer and discharge of residents;
(v) coordination with community activities and services;
(vi) protection of residents’ rights and development of appropriate mechanisms for their protection; and
(vii) management of related program activities.
(2) During a temporary absence of the administrator, a responsible person shall be designated to be in charge of the facility and shall be so identified on the facility staffing schedule. The person designated to be in charge in the absence of the administrator shall:
(i) be at least 21 years of age;
(ii) be mentally and physically capable of carrying out the duties of an administrator;
(iii) be knowledgeable of facility operations;
(iv) have access to resident and other records concerned with facility operations;
(v) be empowered to act on behalf of the facility administrator during the administrator's absence concerning the health, safety, comfort and well-being of the residents; and
(vi) have received training to carry out assignments and take care of emergencies and sudden illnesses of residents.
(f) Resident workers.
Work by a resident as a volunteer, or in return for services or monetary payment, shall be permitted only if the work:
(1) is entered into without the use of coercion or threats to the resident;
(2) is not under any express contract for hire; and
(3) is agreed to in writing.
(g) Volunteers.
Volunteers who work in the shelter shall be placed in assignments compatible with their skills or training.
(h) No person should be permitted by a shelter operator to work, either as an employee or a volunteer, if that person is known to be infected with communicable disease that might endanger the health of residents.
(i) Statewide central register of child abuse and maltreatment, register of substantiated category one cases of abuse or neglect, and criminal history information reviews.
(1) Pursuant to Subpart 901-1 of this Title, the facility administrator or operator of each shelter for families shall inquire of the Office of Children and Family Services pursuant to section 424-a of the Social Services Law and as to whether any prospective employee, prospective consultant, prospective volunteer or contractor, who will have the potential for regular and substantial contact with the children served by the facility, is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment (SCR) via the SCR database check process as required in section 424-a of the Social Services Law.
(2) As required by Subpart 901-1 of this Title, the facility administrator or operator of each shelter for families shall check the Register of Substantiated Category One Cases of Abuse or Neglect (the staff exclusion list) maintained by the Justice Center pursuant to section 495 of the Social Services Law before determining whether to hire or otherwise allow any person as an employee, administrator, consultant, intern, volunteer or contractor who will have the potential for regular and substantial contact with children served by the publicly-funded shelter for families with children.
(3) As required by Subpart 901-2 of this Title, the facility administrator or operator of each shelter for families shall perform criminal history information checks of all prospective employees, prospective consultants, prospective assistants and prospective volunteers it seeks to hire, contract with, or otherwise utilize the services of who will have the potential for, or may be permitted, regular and substantial contact with children who are served by the facility.
(j) Mandated reporting.
As required by Subpart 901-1 of this Title, and in accordance with the provisions of sections 413 and 415 of the Social Services Law, employees of a shelter for families must report or cause a report to be made whenever they have a reasonable cause to suspect a child being served by the shelter for families is being abused or maltreated by a parent or other person legally responsible for the child.
18 CRR-NY 900.8
Current through July 31, 2021
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