N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 166-1.4

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

Section 166-1.4 - Prevention and remediation procedures

The Office of Children and Family Services shall develop written procedures, available onsite at each residential facility or program, for the protection of program participants when there is reason to believe an incident has occurred which would render program participants abused or neglected as defined in section 488 of the Social Services Law. Such procedures shall include, but not be limited to, the following:

(a)Notifications.

Immediate notification of suspected incidents of abuse, neglect or significant incidents shall be made to:

(1) the Vulnerable Person's Central Register as required in section 491 of the Social Services Law;

(2) local law enforcement officials, if it appears likely that a crime has been committed against a child, or confirm that such notification has already been made; and

(3) the Office of Children and Family Services.

(b)Investigation procedures.

Immediately upon notification that a report has been made to the Vulnerable Persons' Central Register and/or local law enforcement officials, the director of the facility or his or her designee shall:

(1) comply with 18 NYCRR section 433.5;

(2) preserve any potential evidence;

(3) obtain proper medical evaluation and/or treatment for the program participants, as needed, with documentation of any evidence of abuse or maltreatment; and

(4) provide necessary assistance to the Justice Center for the Protection of People with Special Needs, the Office of Children and Family Services and, if applicable, local law enforcement officials in their investigation thereof.

(c)Safety procedures.

Upon notification that a report of abuse or neglect has been made to the Vulnerable Persons' Central Register, the director or his or her designee shall evaluate the situation and immediately take appropriate action to protect the health and safety of the program participants involved in the report and of any other program participants similarly situated in the facility or program. Additional action shall be taken whenever necessary to prevent future incidents of abuse and neglect. Any action taken should cause as little disruption as possible to the daily routines of the program participants. The following alternatives shall be considered in determining the course of action that will be taken with regard to a specific incident:

(1) removal or transfer of the subject of the report, consistent with appropriate collective bargaining agreement(s) and applicable provisions of the Civil Service Law;

(2) initiation of disciplinary action against the subject of the report, consistent with appropriate collective bargaining agreement(s) and provisions of the Civil Service Law;

(3) increasing the degree of supervision of the subject of the report;

(4) provision of counseling to the subject of the report;

(5) provision of increased training to staff and volunteers pertinent to the prevention and remediation of abuse and neglect;

(6) removal or transfer of the program participants consistent with applicable placement procedures if it is determined that there is a risk to such program participants in remaining in that facility or program. The Office of Children and Family Services shall be notified of any such removal or transfer; and

(7) provision of counseling to the program participants involved in the report and any other program participants, as appropriate.

(d)Corrective action plans.

Upon receipt of notification of the need for preventive or remedial action associated with any report to the Vulnerable Persons' Central Register, the director of the facility or program, in conjunction with the district supervisor, with consideration of any appropriate recommendations received from the Office of Children and Family Services or the Justice Center for the Protection of People with Special Needs, shall:

(1) within 10 calendar days of receipt of a substantiated report of abuse or neglect, 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 program participants and to provide for the prevention of future acts of abuse or neglect, which plan shall include, at a minimum, those actions taken pursuant to subdivision (c) of this section. Such plan will also describe the actions taken to address the investigation's findings. The plan shall be submitted to and approved by the Office of Children and Family Services and, upon approval, implemented; and

(2) in the event an investigation of such a report indicates that such abuse or neglect may be attributed in whole or in part to noncompliance by the facility or program with provisions of article 7, title 6 of article 6, or article 11 of the Social Services Law, article 19-G of the Executive Law or applicable office regulations, develop and implement a plan of prevention and remediation which, at a minimum, shall address each area of noncompliance and indicate how the facility or program will come into compliance with article 7, title 6 of article 6, or article 11 of the Social Services Law, article 19-G of the Executive Law or the regulations of the office. Such plan will also describe the actions taken to address the office's findings. Such plan shall be submitted to and approved by the Office of Children and Family Services and, upon approval, implemented.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 166-1.4

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