N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 901-2.7

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

Section 901-2.7 - Responsibilities of providers of services

(a) Recordkeeping.

(1) Each provider of services subject to the provisions of this Subpart shall establish, maintain, and keep current the following records:

(i) a current roster of employees and list of staffing assignments;

(ii) a current roster of volunteers;

(iii) a current roster of assistants;

(iv) a current roster of consultants;

(v) names of all persons for whom a request for a criminal history information check was submitted to the Division, identifying whether the person was applying for an employment, consultant, assistant or volunteer position;

(vi) for each such name identified, except for withdrawing persons, a copy of his or her signed informed consent form required pursuant to section 901-2.3 of this Subpart, and determination of the provider of services with regard to the employment, consultant, assistant or volunteer service of the individual; and

(vii) a record identifying whether such individual was hired, contracted with or permitted to engage in volunteer services, the position such individual holds, and any limitations placed on such employment or service.

(2) Such records shall be maintained, where authorized by the Division, in a manner that ensures the security of the information contained therein for the purpose of monitoring compliance with this Subpart.

(b) Retention and disposal of information.

(1) Each provider of services subject to the provisions of this Subpart shall maintain, where authorized by the Division, information necessary to demonstrate compliance with this Subpart, as set forth in subdivision (a) of this section, for at least six years after which the person ceases to be a subject individual, as defined in section 901-2.2 of this Subpart (i.e., the person is no longer employed in, or volunteers as, or serves as an assistant or consultant in a position that involves regular and substantial contact with children who are served by the shelter and applicants who are ultimately not hired), unless otherwise directed by the Office.

(2) A provider of services subject to this Subpart shall destroy the summary of the criminal history information and/or any other information related to criminal background checks unless otherwise authorized by the Division.

(3) Destruction of criminal history information and provider of services determinations shall be performed in a manner that ensures the confidentiality of the information.

(4) If a subject individual withdraws from the application process, without prejudice, at any time regardless of whether he or she or the provider of services has reviewed his or her criminal history information, upon such withdrawal from the application process, any fingerprints and criminal history information received by the provider of services shall be returned to the withdrawing applicant.

(c) Policies and procedures. Each provider of services subject to the provisions of this Subpart shall have policies and procedures designed to implement the provisions of this Subpart. Amendment of existing personnel and volunteer policies and procedures to reflect these new requirements may be deemed sufficient compliance with this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 901-2.7

Adopted New York State Register October 11, 2017/Volume XXXIX, Issue 41, eff. 10/11/2017