N.Y. Comp. Codes R. & Regs. tit. 18 § 441.8

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

Section 441.8 - Abuse or neglect of children

(a) Any abuse or neglect of a child, either as an incident of discipline or otherwise, is absolutely prohibited. Acts of abuse or neglect for children in the care of residential programs are defined by section 488.1(a)-(h) of the Social Services Law.

(b) All child care agencies shall prohibit the abuse or neglect of any children in their care, shall not tolerate or in any manner condone an act of abuse or neglect by any staff member or by any other person under their control, and shall vigorously and strictly enforce policies against abuse and neglect.

(c) Reports of abuse, neglect, and significant incidents as defined in section 488 of the Social Services Law and Part 433 of this Title must be made to the Vulnerable Persons' Central Register as established in section 492 of the Social Services Law. Persons who must make reports in accordance with this Title and the provisions of section 491 of the Social Services Law include any director, operator, employee or volunteer of a facility or provider agency and any consultant or employee or volunteer of a corporation, partnership, organization or governmental entity which provides goods or services to a facility or provider agency pursuant to contract or other arrangement that permits such person to have regular and substantial contact with individuals who are cared for by the facility or provider agency.

(d) Volunteers and employees of all child care agencies and facilities who have child-caring responsibilities will report any suspected incidents of child abuse or maltreatment concerning a family, a foster family boarding home or a day care to the Statewide Central Register of Child Abuse and Maltreatment or cause such a report to be made when such volunteers and employees have reasonable cause to suspect that a child coming before them in their professional or official capacity is an abused or maltreated child. Whenever such person is required to report to the Statewide central Register of Child Abuse and Maltreatment pursuant to this subdivision, he/she will immediately notify the person in charge of the agency or facility or that person's designee of the alleged abuse or maltreatment of a child.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 441.8

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015