In response to the legislation, OCFS has developed regulations for residential programs for victims of domestic violence, since these fall under the definition of publicly funded emergency shelters. The regulations clarify the responsibility of employees of residential programs for victims of domestic violence as mandated reporters and their obligation to report any suspected incidents of abuse or maltreatment of a child.

The regulations also clarify and specify the specific background checks that are required as a result of the legislation. Residential programs for victims of domestic violence must inquire of the SEL maintained by the Justice Center for the Protection of Persons with Special Needs about whether a prospective employee, contractor, consultant or volunteer who will have regular and substantial contact with children is the subject of a category one case as per Section 495 of SSL. They must also inquire of the New York State Office of Children and Family Services’ SCR about whether a prospective employee, contractor, consultant or volunteer that will have regular and substantial contact with children is the subject of an indicated child abuse and maltreatment report. Lastly, they must inquire about criminal history for all prospective employees, volunteers and consultants that will have regular and substantial contact with children in the residential facility.

The regulations clarify that residential programs for victims of domestic violence may inquire from the SCR whether any current employee is the subject of an indicated report of child abuse or neglect, but not more than once in any six month period.

Emergency regulations are necessary to provide immediate protections for children by clarifying the requirements of Chapter 56 of the Laws of 2017, which provided that the rule may be promulgated on an emergency basis.

These regulations have been developed in consultation with the New York State Office of Temporary and Disability Assistance and the Division of Criminal Justice.

A new subdivision 18 NYCRR § 452.9(d) is adopted to specify that employees of residential programs for victims of domestic violence are mandated to report any incident of suspected child abuse or maltreatment to the statewide central register (SCR). Paragraphs (i) and (ii) specify how employees of residential programs for victims of domestic violence report instances of suspected child abuse or maltreatment to the SCR.

A new Section 452.11 of Title 18 is adopted.

Subdivision 452.11(a)(1) is added to provide requirements of residential programs for victims of domestic violence to evaluate the backgrounds of prospective employees, volunteers, consultants and contractors. Paragraph (2) is added to provide the requirement that all prospective employees, volunteers and individuals hired as a consultant that will have regular and substantial contact with children must complete checks with Justice Center staff exclusion list (SEL), SCR, and criminal history. Paragraph (3) provides the requirement that programs that have contractors that will have regular and substantial contact with children must complete checks of the SEL and SCR. Paragraph (4) is added to indicate programs are permitted to do a SCR check on current employees that have regular and substantial contact with children. Paragraph (5) is added to provide a definition for “regular and substantial contact with a service receipient.”

Subdivision 452.11(b) is added to provide the requirements for checking the Justice Center staff exclusion list (SEL) and what measures to take if a prospective employee, volunteer, consultant or contractor is listed on the SEL.

Subdivision 452.11(c) is added to provide the specific actions required for conducting a check of the SCR to see if any potential employee, volunteer, consultant or contractor is the subject of an indicated report of child abuse or maltreatment.

Subdivision 452.11(d) is added to address that programs must maintain written justification as to why the program decided hire or retain any employee, volunteer or consultant with an indicated report of child abuse or maltreatment or when such person is listed on the SEL.

Subdivision 452.11(e) is added to provide the specific actions required to obtain criminal history information on prospective employees, assistants, volunteers or consultants and what measures to take should the individual have a criminal conviction.

Subdivision 452.11(f) is added to address personnel policies and practices, as well as recordkeeping requirements.

1. Statutory authority:

Section 20(3)(d) of the Social Services Law (SSL) authorizes the Office of Children and Family Services (OCFS) to establish rules and regulations to carry out its powers and duties pursuant to the provisions of the SSL.

Section 412(9) of SSL establishes a definition for publicly funded emergency shelter for families with children. Residential programs for victims of domestic violence fall under the definition of publicly funded emergency shelters for families with children since they are facilities with overnight sleeping accommodations that are used to house recipients of temporary assistance.

Section 413(1)(a) of SSL adds employees of publicly funded emergency shelters to the list of mandated reporters. SSL Section 424-a(3) establishes that publicly funded emergency shelters are added to the list of provider agencies that must inquire of the Register of Substantiated Category One Cases of Abuse or Neglect (Staff Exclusion List [SEL]) maintained by the Justice Center for the Protection of Persons with Special Needs about whether a prospective employee, contractor, consultant or volunteer is the subject of a category one case as per Section 495 of SSL, and of the New York State Office of Children and Family Services’ (OCFS) Statewide Central Register of Child Abuse and Maltreatment (SCR) about whether a prospective employee, contractor, consultant or volunteer is the subject of an indicated child abuse and maltreatment report. Section 460-h of SSL establishes the requirement to receive criminal history information on any prospective employee, consultant, assistant or volunteer through the Division of Criminal Justice Services (DCJS).

Part Q of Chapter 56 of the Laws of 2017 provides that rules and regulations necessary to implement the provisions of the law concerning the mandated reporting requirements and the required SCR checks, the SEL checks, and the criminal history background checks may be promulgated on an emergency basis.

2. Legislative objectives:

The proposed changes to the regulations are necessary to further the legislative objective in Part Q of Chapter 56 of the Laws of 2017 that children be protected from abuse and maltreatment.

3. Needs and benefits:

The regulatory language clarifies the expectation that employees of residential programs for victims of domestic violence are required to report suspected cases of child abuse or maltreatment to the SCR. The benefit of this regulation is to create consistent safeguards for children housed in publicly funded emergency shelters for families and children.

The regulatory language provides clarity that statutory requirements for publicly funded emergency shelters for families with children to conduct checks on certain persons functioning in qualifying roles and who have the potential for regular and substantial contact with children apply to residential programs for victims of domestic violence. These checks include inquiring of the SEL whether a prospective employee, contractor, consultant or volunteer is the subject of a category one case. In addition, an inquiry to the SCR is required to ascertain if the prospective employee, contractor, consultant or volunteer has been a subject in an indicated report of child abuse or neglect. Lastly, a criminal history review is required for prospective employees, consultants, assistants and volunteers.

4. Costs:

Residential programs for victims of domestic violence may experience a slight increase in administrative costs associated with the screening process and the additional steps that are required by the rule before hiring a prospective employee, contractor, consultant or volunteer. Residential programs for victims of domestic violence will incur the costs associated with the actual checks, which, in the cases of the SCR and criminal background checks, cost $25 and $87 each, respectively; there are no costs associated with the SEL check. They may require the applicant to pay such costs. Any additional costs to OCFS are anticipated to be minimal.

5. Local government mandates:

The proposed regulations will only impose additional mandates on social services districts that operate residential programs for victims of domestic violence. Presently, there is only one social services district that operates residential programs for victims of domestic violence. The district may avoid the costs by requiring the applicant to pay such costs.

6. Paperwork:

The regulations are necessary to comply with Chapter 56 of the Laws of 2017, which requires employees of residential programs for victims of domestic violence to report suspected cases of child abuse or maltreatment to the New York Statewide Central Register of Child Abuse and Maltreatment (SCR). These requirements include completing and maintaining documents on forms as prescribed by OCFS, and any other records relevant to reports of suspect child abuse or maltreatment. This is not a new requirement for programs, as existing regulations already required them to report suspected cases of child abuse or maltreatment to the SCR.

These regulations are also necessary to comply with new statutory requirements created by Chapter 56 of the Laws of 2017, which requires residential programs for victims of domestic violence to inquire if a prospective employee, contractor, consultant or volunteer is the subject of a category one case as per SSL on the SEL maintained by the Justice Center and of OCFS’ SCR about whether a prospective employee, contractor, volunteer or consultant is the subject of an indicated report of child abuse or maltreatment. Residential programs for victims of domestic violence must request, obtain, review and maintain the applicable information for those subject to the respective checks.

In addition, residential programs for victims of domestic violence must receive criminal history information on any prospective employee, consultant, assistant or volunteer through DCJS. Residential programs for victims of domestic violence must request, obtain, review and maintain the applicable information for any prospective employee, consultant, assistant or volunteer. Residential programs for victims of domestic violence may make similar inquiries to the SEL and SCR regarding current employees, but not more than once in a six month period.

7. Duplication:

The proposed regulations effectuate the requirements of Part Q of Chapter 56 of the Laws of 2017. They do not duplicate any other State or federal requirements.

8. Alternatives:

The proposed regulations are necessary to implement the requirements of Part Q of Chapter 56 of the Laws of 2017. Therefore, there are no alternatives to the proposed regulations.

9. Federal standards:

The regulatory amendments do not conflict with any federal standards.

10. Compliance schedule:

The regulations will be effective on July 19, 2017.

1. Types and estimated number of small businesses and local governments:

Social services districts and residential programs for victims of domestic violence will be affected by the proposed regulations. There are 58 social services districts in New York State and 90 agencies providing residential services for victims of domestic violence. Only one social services district operates its own residential program for victims of domestic violence. Of the 90 agencies providing residential services for victims of domestic violence, approximately half meet the definition of small businesses.

2. Reporting, recordkeeping and compliance requirements; and professional services:

The regulations are necessary to comply with Part Q of Chapter 56 of the Laws of 2017, which requires employees of residential programs for victims of domestic violence to report suspected cases of child abuse or maltreatment to the New York Statewide Central Register of Child Abuse and Maltreatment (SCR). These requirements include completing and maintaining documents on forms as prescribed by the Office of Children and Family Services (OCFS), and any other records relevant to reports of suspected child abuse or maltreatment. This is not a new requirement for programs, as existing regulations already required them to report suspected cases of child abuse or maltreatment to the SCR.

These regulations are also necessary to comply with new statutory requirements created by Chapter 56 of the Laws of 2017 which requires residential programs for victims of domestic violence to inquire if a prospective employee, contractor, consultant or volunteer is the subject of a report in the Register of Substantiated Category One Cases of Abuse or Neglect (Staff Exclusion List [SEL]) maintained by the Justice Center and of the’ SCR about whether a prospective employee, volunteer, contractor, or consultant is the subject of an indicated report of child abuse or maltreatment. Residential programs for victims of domestic violence must request, obtain, review and maintain the applicable information for any individual subject to these checks.

In addition, residential programs for victims of domestic violence must receive criminal history information on any prospective employee, consultant, assistant or volunteer through the Division of Criminal Justice Services (DCJS). Residential programs for victims of domestic violence must request, obtain, review and maintain the applicable information for any prospective employee, consultant, assistant or volunteer. Residential programs for victims of domestic violence may make similar inquiries to the SEL and SCR regarding current employees, but not more than one in a six month period.

3. Costs:

Residential programs for victims of domestic violence may experience a slight increase in administrative costs associated with the screening process and the additional steps that are required by the rule before hiring an individual. Residential programs for victims of domestic violence will incur the costs associated with the actual checks, which, in the cases of the SCR and criminal background checks, cost $25 and $87 each, respectively; there are no costs associated with the SEL check. They may require the applicant to pay such costs.

4. Economic and technological feasibility:

The proposed amendments would not have an adverse economic impact on social services districts, and would not require the hiring of additional staff. In addition, technological abilities currently exist that comply with the rule.

5. Minimizing adverse impact:

The proposed changes implement statutory changes imposed on residential programs for victims of domestic violence by Part Q of Chapter 56 of the Laws of 2017; therefore, there is no ability to minimize adverse impact. Residential programs for victims of domestic violence fall within the definition for publicly funded emergency shelters. The proposed statutory changes amend paragraph (a) of subdivision 1 of section 413 of the Social Services Law to include employees of publicly funded emergency shelters for families with children to the list of persons and officials required to report suspected cases of child abuse or maltreatment. Subsequently, it also amends subdivision 3 of section 424-a of Social Services Law and creates a new section 460-h to include checks of the SCR, SEL, and criminal history background checks for certain subject individuals of publicly funded emergency shelters for families with children.

6. Small business and local government participation:

OCFS discussed this legislation and proposed regulations with the New York State Coalition against Domestic Violence (NYSCADV), a membership agency which provides training, support, technical assistance and advocacy for residential programs for victims of domestic violence across New York State, at a monthly meeting held on June 29, 2017. We will address any additional comments or feedback during the public comment period.

1. Types and estimated number of rural areas:

There are 44 social services districts in rural areas. Social Service districts are required to either directly provide residential services for victims of domestic violence or to contract with a residential program for victims of domestic violence. Residential programs for victims of domestic violence will be affected by the proposed regulations.

2. Reporting, recordkeeping and compliance requirements; and professional services:

The regulations are necessary to comply with Part Q of Chapter 56 of the Laws of 2017, which requires employees of residential programs for victims of domestic violence to report suspected cases of child abuse or maltreatment to the New York Statewide Central Register of Child Abuse and Maltreatment (SCR). These requirements include completing and maintaining documents on forms as prescribed by Office of Children and Family Services (OCFS), and any other records relevant to reports of suspected child abuse or maltreatment. This is not a new requirement for programs, as existing regulations already required them to report suspected cases of child abuse or maltreatment to the SCR.

These regulations are also necessary to comply with new statutory requirements created by Part Q of Chapter 56 of the Laws of 2017, which requires residential programs for victims of domestic violence to inquire if a prospective employee, contractor, consultant or volunteer is the subject of a category one case as per SSL on the Register of Category One Cases of Abuse and Neglect (Staff Exclusion List [SEL]) maintained by the Justice Center, and of OCFS’s SCR about whether a prospective employee, volunteer, contractor, or consultant is the subject of an indicated report of child abuse or maltreatment. Residential programs for victims of domestic violence must request, obtain, review and maintain the applicable information for those subject to said checks.

In addition, residential programs for victims of domestic violence must receive criminal history information on any prospective employee, consultant, assistant or volunteer through the Division of Criminal Justice Services (DCJS). Residential programs for victims of domestic violence must request, obtain, review and maintain the applicable information for any prospective employee, consultant, assistant or volunteer. Residential programs for victims of domestic violence may make similar inquiries to the SEL and SCR regarding current employees, but not more than once in any six month period.

3. Costs:

Residential programs for victims of domestic violence may experience a slight increase in administrative costs associated with the screening process and the additional steps that are required by the rule before hiring an individual. Residential programs for victims of domestic violence will incur the costs associated with the actual checks, which, in the cases of the SCR and criminal background checks, cost $25 and $87 each, respectively; there are no costs associated with the SEL check. They may require the applicant to pay these costs. These costs should be minimal for residential programs for victims of domestic violence in rural areas as they generally operate programs that have lower staffing requirements.

4. Minimizing adverse impact:

The proposed changes to the regulations would implement statutory changes in relation to Part Q of Chapter 56 of the Laws of 2017, which establishes a definition for publicly funded emergency shelter for families with children. Residential programs for victims of domestic violence fall within the definition for publicly funded emergency shelters. The statutory changes amend paragraph (a) of subdivision 1 of section 413 of the Social Services Law to include employees of publically funded emergency shelters for families with children to the list of persons and officials required to report suspected cases of child abuse or maltreatment. Subsequently, it also amends subdivision 3 of section 424-a of Social Services Law and creates a new section 460-h to include checks of the SEL, SCR and criminal history checks through DCJS.

5. Rural area participation:

OCFS discussed this legislation and proposed regulations with the New York State Coalition against Domestic Violence (NYSCADV), a membership agency which provides training, support, technical assistance and advocacy for residential programs for victims of domestic violence across New York State, at a monthly meeting on June 29, 2017. We will address any additional comments or feedback during the public comment period.

A job impact statement is not required for this rule. The emergency and proposed regulations are not expected to have a negative impact on jobs or employment in either the public or private sector. The purpose of the rule is to require employees of residential programs for victims of domestic violence to report suspected cases of child abuse or maltreatment to the Statewide Central Register for Child Abuse and Maltreatment (SCR). It also requires residential programs for victims of domestic violence to conduct checks of the SCR, the Register of Category One Cases of Abuse and Neglect (SEL) maintained by the Justice Center and criminal history information obtained through the Division of Criminal Justice Services (DCJS) for certain persons functioning in qualifying roles and who have the potential for regular and substantial contact with children.

Nature of Impact:

The office does not expect any reduction of employees or employment opportunities at residential programs for victims of domestic violence.

Categories and Numbers affected:

There are no changes in categories or numbers.

Regions of Adverse Impact:

There are no regions where the regulations would have a disproportionate adverse impact on jobs or employment opportunities.

Self-Employment Opportunities:

No measurable impact on opportunities for self-employment is expected.