N.Y. Comp. Codes R. & Regs. tit. 18 § 415.16

Current through Register Vol. 46, No. 25, June 18, 2024

Section 415.16 - Child abuse and maltreatment

(a) Any abuse or maltreatment of a child is prohibited. 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) With regard to any person required to submit to a check of the Statewide Central Register of Child Abuse and Maltreatment pursuant to section 415.15 of this Part:

(1) The office or its designee must inquire of the Statewide Central Register of Child Abuse and Maltreatment 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.

(2) The office or its designee must 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.

(3) No provider, director, employee or volunteer shall have unsupervised contact with children who receive subsidized care prior to obtaining the result of the inquiries required by this section.

(i) Any informal child care provider, director of a legally-exempt group child care program, employee, or volunteer must report or cause such a report to be made to the Statewide Central Register of Child Abuse and Maltreatment when there is reasonable cause to suspect that a child has been abused or maltreated. In the case that a child is in immediate danger, any informal child care provider, director of a legally-exempt group child care program, or employee must call 911 or the local emergency number.

(ii) The legally-exempt child care provider is responsible for implementing procedures which ensure the safety and protection of any child named in a report of child abuse or maltreatment.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 415.16

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