The emergency amendments will amend the existing regulations for mandated reporters of reportable incidents to the VPCR and are necessary so that reports involving multiple reporters are properly made and documented. The regulations must be filed on an emergency basis to comply with recent guidance from the Justice Center for the Protection of People with Special Needs regarding mandated reporters.

(a) Reportable Incidents as defined in this Part and in section 488 of the Social Services Law shall be reported immediately upon discovery to the Vulnerable Persons' Central Register (VPCR), in accordance with section 491 of the Social Services Law. Discovery occurs when the mandated reporter witnesses a suspected reportable incident or when another person who was involved in or witnessed the incident, including the vulnerable person, comes before the mandated reporter in the mandated reporter's professional or official capacity and provides the mandated reporter with reasonable cause to suspect that the vulnerable person has been subjected to a reportable incident.

(b) Each mandated reporter who has reasonable cause to suspect that a vulnerable person has been subjected to a reportable incident as described above, is required to make a report to the VPCR unless the mandated reporter has actual knowledge that the reportable incident has already been reported to the VPCR and that the mandated reporter has been named as a person with knowledge of the incident in such report.

(c) Nothing contained herein shall affect or diminish the obligation of persons who are mandated to make reports to the Statewide Central Register of Child Abuse and Maltreatment pursuant to section 413 of the Social Services Law.

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 34(3)(f) of the SSL requires the Commissioner of OCFS to establish regulations for the administration of public assistance and care within the State.

Section 501(5) and 532-e of the New York State Executive Law authorizes the Commissioner of OCFS to promulgate rules and regulations for the establishment, operation and maintenance of division facilities and programs.

Section 490 of the SSL as found in Chapter 501 of the Laws of 2012 requires the Commissioner of OCFS to promulgate regulations that contain procedures and requirements consistent with guidelines and standards developed by the Justice Center and addressing incident management programs required by the Chapter Law.

2. Legislative objectives:

The proposed changes to the regulations concerning a mandated reporter’s duty to report reportable incidents involving vulnerable persons in programs licensed, certified or operated by OCFS are necessary to further the legislative objective that vulnerable persons be safe and afforded appropriate care.

3. Needs and benefits:

The proposed changes to the regulations concerning the obligations of a mandated reporter are necessary to preserve the health, safety and welfare of vulnerable persons residing in an OCFS operated, licensed or certified program. The proposed regulatory changes provide necessary guidance on the duty to report when there are multiple mandated reporters who witness a suspected reportable incident or have reasonable cause to suspect that a vulnerable person has been subjected to a reportable incident. They allow for procedures to relieve the necessity for multiple reports; thus, reducing the issues that can arise when multiple reports are being made for a single incident and lessening the potential of employees who are needed to provide care to vulnerable persons being required to spend significant time away from these duties in order to make reports that have already been reported.

OCFS is also proposing to adopt these regulatory changes to conform with recent regulations that were promulgated by other state oversight agencies that are under the Justice Center’s purview. Accordingly, these regulatory changes would provide consistency among the state oversight agencies on obligations of mandated reporters and improve the safety and welfare of vulnerable persons.

4. Costs:

The proposed regulatory changes are not expected to have an adverse fiscal impact on authorized agencies, residential runaway and homeless youth programs, family type homes for adults, certified detention programs, OCFS operated juvenile justice programs, or any local department of social services that runs a detention program or has a contract with an authorized agency for detention services or has a contract(s) for care of foster children in out-of-state facilities. There may potentially be some savings for facilities and provider agencies as the regulatory changes may reduce the likelihood of employees needing to be paid overtime in order to make required reports.

5. Local government mandates:

The proposed regulations will not impose any additional mandates on social services districts.

6. Paperwork:

The proposed regulations do not require any additional paperwork.

7. Duplication:

The proposed regulations do not duplicate any other State or Federal requirements.

8. Alternatives:

These regulations are required to comply with Chapter 501 of the Laws of 2012.

9. Federal standards:

The regulatory amendments do not conflict with any federal standards.

10. Compliance schedule:

The regulations will be effective upon filing.

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

Social services districts and voluntary authorized agencies contracting with such social services districts to provide residential foster care services to children, authorized agencies providing juvenile detention services, runaway and homeless youth shelters and adult family type homes will be affected by the proposed regulatory changes, as well as state operated juvenile justice facilities.

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

No adverse impact. Mandated reporters have a duty to report reportable incidents immediately upon discovery to the Justice Center’s Vulnerable Persons’ Central Register. The proposed regulatory changes provide necessary guidance on the duty to report when there are multiple mandated reporters who witness a suspected reportable incident or have reasonable cause to suspect that a vulnerable person has been subjected to a reportable incident and allows for procedures to relieve the necessity for multiple reports.

3. Costs:

The proposed regulatory changes are not expected to have an adverse fiscal impact. All affected programs such as provider agencies and facilities are currently subject to requirements governing reporting, record keeping, management of approved procedures and policies. As such, the proposed regulatory changes should not impose any additional costs associated with those functions. There may potentially be some savings for facilities and provider agencies as the proposed regulatory changes may reduce the likelihood of employees needing to be paid overtime in order to make required reports.

4. Economic and technological feasibility:

The proposed regulatory changes would not require any additional technology and should not have any adverse economic consequences for regulated parties.

5. Minimizing adverse impact:

The proposed changes to the regulations will not impose additional costs or operating requirements on small businesses or local governments; therefore, it is designed on its face to minimize adverse impact.

6. Small business and local government participation:

Potential changes to the regulations will be thoroughly addressed through statewide trainings and guidance documentation distributed to local representatives of social services, authorized agencies and facilities.

1. Types and estimated number of rural areas:

Social services districts in rural areas and voluntary authorized agencies contracting with such social services districts to provide residential foster care services to children, authorized agencies providing juvenile detention services, runaway and homeless youth shelters and adult family type homes will be affected by the proposed regulations, as well as state operated juvenile justice facilities.

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

No anticipated impact. Mandated reporters have a duty to report reportable incidents immediately upon discovery to the Justice Center’s Vulnerable Persons’ Central Register. The proposed regulatory changes provide necessary guidance on the duty to report when there are multiple mandated reporters who witness a suspected reportable incident or have reasonable cause to suspect that a vulnerable person has been subjected to a reportable incident and allows for procedures to relieve the necessity for multiple reports.

3. Costs:

The proposed regulatory changes are not expected to have an adverse fiscal impact. All affected programs such as provider agencies and facilities are currently subject to requirements governing reporting, record keeping, management of approved procedures and policies. As such, the proposed regulatory changes should not impose any additional costs associated with those functions. There may potentially be some savings for facilities and provider agencies serving rural communities as the proposed regulatory changes may reduce the likelihood of employees needing to be paid overtime in order to make required reports.

4. Minimizing adverse impact:

The proposed changes to the regulations will not impose additional costs or operating requirements on authorized agencies and facilities that serve rural areas; therefore, it is designed on its face to minimize adverse impact.

5. Rural area participation:

Potential changes to the regulations will be thoroughly addressed through statewide trainings and guidance documentation distributed to local representatives of social services, authorized agencies and facilities, including those that serve rural communities.

The proposed regulations are not expected to have a negative impact on jobs or employment opportunities in either public or private sector service providers. A full job statement has not been prepared for the proposed regulations as it is not anticipated that the proposed regulations will have any adverse impact on jobs or employment opportunities.