N.Y. Comp. Codes R. & Regs. tit. 18 § 441.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 441.4 - Policy and policy manuals

(a) Each child-care agency and facility operated by such agency will maintain, and keep current and available, a manual or manuals which clearly state the policies of such agency with respect to its programs including policies on agency continuous quality improvement, admission criteria and procedures, psychiatric and medical care, social services, treatment of youth of all sexual orientations, genders, gender identities and expression, child care, education, religious observance, religious instruction and training, discharge criteria and procedures, discipline and restraint, appropriate custodial conduct, children's rights, use of de-escalation rooms, shelter, clothing, youth's personal property, diet, work and recreation, plant maintenance, fire, sanitation and safety, and any other policy or procedure that is subject to approval of the Office in accordance with any provision contained within this Title.

(b) A separate manual will be maintained by such residential care facility on personnel policies and practices, including a clear delineation of areas of responsibility and delegations of authority. Such manual will contain the following employee/supervisory activities and will describe how each activity set forth below will be implemented.

(1) Supervisors will be responsible for:

(i) orienting employees;

(ii) monitoring employee performance and employee evaluation;

(iii) directly observing staff interaction with children;

(iv) meeting with their employees on a regular basis to discuss the employee's job performance; and

(v) informing employees that use of alcohol or illegal drugs while on duty or the provision of any alcohol or illegal drugs to child(ren) will constitute inappropriate custodial conduct and will constitute grounds for dismissal.

(2) The agency will develop standard employee evaluation forms to be used by supervisors.

(3) Employees will receive a written evaluation from their supervisors at least once a year, and meet with their supervisors to discuss the evaluation.

(c) All policies will be reviewed periodically and modified, as may be appropriate. Copies of all manuals maintained in accordance with this section will be made available to all staff members whose duties and responsibilities the manuals affect.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 441.4

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

Amended New York State Register March 31, 2021/Volume XLIII, Issue 13, eff. 3/31/2021

Amended New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022