N.Y. Comp. Codes R. & Regs. tit. 18 § 433.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 433.6 - Plans of prevention and remediation

Upon receipt from the Justice Center of a report of abuse or neglect of a vulnerable person or a significant incident, where the Justice Center or the Office of Children and Family Services has determined that it appears likely that a crime may have been committed against a vulnerable person or that there has been a violation of the statutory, regulatory or other requirements related to the care and treatment of individuals receiving services, the director of the program shall consider any appropriate recommendations received from the Office of Children and Family Services and the Justice Center for preventive and remedial action, including legal action, and shall:

(a) Develop and implement a written plan of action to be taken with respect to an individual employee or volunteer to protect the continued health and safety of the vulnerable person in the program and to provide for the prevention of future acts of abuse or neglect. Such plan shall also describe the actions taken to address the investigative findings. For facilities issued an operating certificate by the Office of Children and Family Services pursuant to Parts 476 and 477 of this Title, the plan shall be subject of the approval of the Office of Children and Family Services. For other facilities, the plan shall be subject to approval by the Office of Children and Family Services and/or the Justice Center, as applicable.

(b) In the event an investigation finds a report of abuse, neglect, or significant incident may be attributed in whole or in part to noncompliance with any of the program rules, the regulations of the Office of Children and Family Services or the regulations, policy or guidance of the Justice Center, the facility or provider agency shall develop and implement a plan of prevention and remediation which, at a minimum, shall address each area of noncompliance and indicate how the program will come into compliance. Such plan shall also describe the actions taken to address the investigative findings and shall be subject to the approval and/or continued monitoring by the Office of Children and Family Services and/or the Justice Center.

(c) The plan of prevention and remediation shall be stated in writing and endorsed with the signature of the facility or provider agency's director or other executive with supervisory authority.

(d) The plan of prevention and remediation shall prescribe a monitoring date or interval of monitoring dates should that be deemed appropriate, with the name of the individual or individuals responsible for assessing the efficacy of the remedial action.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 433.6

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