Implement Statutory Requirements to Include Enhanced Background Checks, Annual Inspections, Ann...
NY-ADR
6/3/20 N.Y. St. Reg. CFS-39-19-00007-A
NEW YORK STATE REGISTER
VOLUME XLII, ISSUE 22
June 03, 2020
RULE MAKING ACTIVITIES
OFFICE OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTION
I.D No. CFS-39-19-00007-A
Filing No. 349
Filing Date. May. 15, 2020
Effective Date. Jun. 03, 2020
Implement Statutory Requirements to Include Enhanced Background Checks, Annual Inspections, Annual Training and Safety
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Subpart 358-3, Parts 403, 404, 405, 406 and 415 of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20(3)(d), 34(3)(f), 390(2)(d), 410(1) and 410-x
Subject:
Implement statutory requirements to include enhanced background checks, annual inspections, annual training and safety.
Purpose:
Implement statutory requirements to include enhanced background checks, annual inspections, annual training and safety.
Text or summary was published
in the September 25, 2019 issue of the Register, I.D. No. CFS-39-19-00007-EP.
Final rule as compared with last published rule:
No changes.
Revised rule making(s) were previously published in the State Register on
February 26, 2020.
Text of rule and any required statements and analyses may be obtained from:
Frank J. Nuara, Office of Children and Family Services, 52 Washington Street, Rensselaer, New York 12144, (518) 474-9778, email: [email protected]
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2023, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
Following publication of the Notice of Emergency and Notice Revised Rulemaking in the State Register on February 26, 2020, OCFS received and assessed public comments. The assessment of these comments were published in the State Register on April 22, 2020 with the extension of the emergency regulations. OCFS subsequently received additional comments regarding the regulatory packages for licensed, registered and legally-exempt child care providers. These comments are addressed below.
Comment: Two respondents expressed their support of the emergency rulemaking regarding provisional employment. They requested the regulations become permanent in order to allow the hiring and onboarding of qualified staff in a timely manner while continuing to promote the safety of children.
Office Response: OCFS appreciates these comments and will proceed with adopting the rulemaking without revisions.
Comment: These same respondents requested the New York City Department of Health and Mental Hygiene improve response times for conducting the Comprehensive Background Check (CBC).
Office Response: These comments are outside the scope of the rulemaking and no changes will be made to the rulemaking as a result. OCFS has worked diligently to expedite the CBC process and comply with the federal requirement. Timely completion is dependent on the required documentation packet being completed with accurate information. If persons believe that the process is taking longer than anticipated they are encouraged to contact their regulator.
Comment: These same respondents requested guidance regarding the ability of Summer Youth Employment Program (SYEP) participants to work in summer camps given the time necessary to complete the CBC.
Office Response: These comments are outside the scope of the rulemaking and no changes will be made to the rulemaking as a result. OCFS has worked diligently to expedite the CBC process and comply with the federal requirement. Timely completion is dependent on the required documentation packet being completed with accurate information. If persons believe that the process is taking longer than anticipated they are encouraged to contact their regulator.
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