N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 418-1.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 418-1.10 - Child abuse and maltreatment

(a)Any abuse or maltreatment of a child is prohibited.

A day care center must prohibit and may not tolerate or in any manner condone an act of abuse or maltreatment by an staff, volunteer or any other person. An abused child or maltreated child means a child defined as an abused child or maltreated child pursuant to section 412 of the Social Services Law.

(b) Screening requirements for child day care centers licensed by the office are as follow:

(1) Statewide Central Register of Child Abuse and Maltreatment and Justice Center for the Protection of Persons with Special Needs.

(i) The child day care center must submit to the office the information necessary to inquire of the Statewide Central Register of Child Abuse and Maltreatment whether any prospective operator, director, employee or volunteer is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment. In accordance with a schedule developed by the office, the office must inquire whether any existing operator, director, employee or volunteer is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment.

(ii) The child day care center must submit to the office the information necessary to check the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs per section 495 of the Social Services Law before determining whether to hire or otherwise allow any person as a prospective director, employee, or volunteer.

(2) Prior to the office making any inquiries pursuant to paragraph (1) of this subdivision, the child day care center must notify, in the form prescribed by the office, the person who will be the subject of the inquiries, that:

(i) an inquiry will be made to determine whether such person is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment; and

(ii) an inquiry will be made to determine whether such person is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs per section 495 of the Social Services Law.

(3) After completion of required inquiries as provided for in this section and all other criminal history review and background clearances as provided for in section 413.4 of this Title, the office shall notify the applicant and program whether the applicant is authorized or unauthorized to care for children based on the outcome of such inquiries.

(c) In accordance with the provisions of sections 413 and 415 of the Social Services Law, child care center staff must immediately report any suspected incidents of child abuse or maltreatment concerning a child receiving child care to the Statewide Central Register of Child Abuse and Maltreatment, or cause such a report to be made, when such staff have reasonable cause to suspect that a child coming before them in their capacity as child care center workers is an abused or maltreated child. This must be done in the following manner:

(1) Child care center staff must personally make, or cause to be made, an immediate report to the Statewide Central Register of Child Abuse and Maltreatment by telephone, followed by a written report within 48 hours, in the form and manner prescribed by the office, to the child protective service of the social services district in the county in which the child resides.

(2) After making the initial report, the reporting staff person must immediately notify the director or licensee of the center that the report was made.

(d) The director or licensee of the child day care center is responsible for implementing procedures which ensure the safety and protection of any child named in a report of child abuse or maltreatment involving a situation which occurs while the child is in attendance at the center. Immediately after making or causing to be made a report pursuant to subdivision (c) of this section, the director or licensee of the center must take such appropriate action as is necessary to ensure the health and safety of the children involved in the report and, as necessary, of any other children in the care of the center. The director or licensee must also take all reasonable steps to preserve any potential evidence of abuse or maltreatment. Insofar as possible, any action taken under this subdivision must cause as little disruption as possible to the daily routine of the children in the center.

(e) In meeting his or her responsibilities pursuant to this section, the director or licensee of the child day care center may, consistent with any appropriate collective bargaining agreements or applicable provisions of law, take one or more of the following actions with regard to staff of the center relevant to a report of child abuse or maltreatment involving a child while in attendance at the center:

(1) dismissal, suspension or transfer of any staff, volunteer or other person who is the subject of a child abuse or maltreatment report;

(2) increased supervision over a person who is the subject of a report;

(3) provision of instruction and/or remedial counseling to a person who is the subject of a report;

(4) initiation of appropriate disciplinary action where applicable; and/or

(5) provision of appropriate training to and/or increased supervision of staff and/or volunteers pertinent to the prevention and remediation of child abuse and maltreatment.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 418-1.10

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020