Section 200.15 Procedures for prevention of abuse, maltreatment or neglect of students in residential placements*
Disclaimer
(a)Applicability. This
section shall apply to approved private residential schools, State-operated
or State-supported schools which have a residential component and special act
school districts as such term is defined in section 4001(8) of the Education
Law.
(b) Personnel screening procedures. (1) Schools subject to the requirements of sections 4212, 4314, 4358 and 4403(11) of the Education Law and this section shall establish, subject to and consistent with provisions of the Civil Service Law, written procedures to review, evaluate and verify the backgrounds of, and information supplied by, all applicants for employment or voluntary work. Such procedures shall be subject to the review and approval of the commissioner, and shall include, but need not be limited to, the gathering of:
(i) a statement or summary of the applicant's employment history, including, but not limited to, any relevant child-caring experience;
(ii) the names, addresses and telephone numbers of references who can verify the applicant's employment history, work record and qualifications;
(iii) a statement or summary of the applicant's educational experience showing elementary school(s), secondary school(s), or college(s) attended, highest grade level or degree attained, any additional credits earned, and certifications and/or licenses awarded;
(iv) the names and addresses of elementary and secondary schools and other educational institutions that can verify the applicant's educational information;
(v) a listing of special skills or completed training courses which might aid in the performance of duties of the position for which he or she is applying;
(vi) the names, addresses and telephone numbers of at least two personal references, other than relatives, who can attest to the applicant's character, reputation and personal qualifications; and
(vii) a sworn statement by the applicant, indicating whether, to the best of his or her knowledge, he or she has ever been convicted of a crime in this State or any other jurisdiction and that all statements in the application are true, to the best of his or her knowledge.
(c) Personnel qualifications. (1) All professional instructional and supervisory personnel employed at schools governed by this section shall be appropriately certified in accordance with the provisions of Part 80 of this Title and sections 200.6 and 200.7 of this Part.
(2) Pursuant to sections 4314 and 4358 of the Education Law, all noninstructional personnel at State-operated schools for the blind and deaf shall meet the applicable experiential and educational qualifications established for their positions by the Department of Civil Service or, as appropriate, by the Office of Human Resources Management of the State Education Department.
(3) Pursuant to section 4212 of the Education Law, State-supported schools for the blind and deaf shall establish, consistent with existing collective bargaining agreements, minimum experiential and educational qualifications for noninstructional personnel which are satisfactory to the commissioner. Such qualifications shall be consistent with applicable provisions of the Civil Service Law, and shall be submitted for review and approval within a time frame established by the commissioner.
(4) Pursuant to section 4403 of the Education Law, approved private residential schools and special act school districts shall establish, consistent with existing collective bargaining agreements, minimum experiential and educational qualifications for noninstructional personnel which are satisfactory to the commissioner. Such qualifications shall be submitted for review and approval within a time frame established by the commissioner, provided that an exemption from this requirement may be granted, in whole or in part, upon submission of satisfactory proof that such qualifications have been approved by a State agency which licenses or certifies the residential component of the school or the child care institution affiliated therewith.
(d) Staff supervision. Schools governed by this section shall develop written procedures for the supervision of employees and volunteers who have the potential for contact with students in residential care. Such procedures shall be submitted for review and approval within a time frame established by the commissioner. To be approved, such procedures shall be designed to prevent child abuse and maltreatment by providing for adequate supervision of such employees and volunteers, taking into consideration such factors as the student population served, architectural factors, and the size of the facility. Such procedures shall include, but need not be limited to, the following:
(1) staffing patterns and the rationale for such;
(2) responsibilities of supervisors;
(3) the method by which staff and volunteers will be made aware of the identity of all supervisors, including designated on-site supervisors;
(4) provision of written supervisory guidelines to employees and volunteers;
(5) periodic observations by supervisors of employees and volunteers in interaction with students;
(6) periodic supervisory conferences for employees and volunteers; and
(7) written performance evaluations of staff to be conducted by supervisors in a manner consistent with applicable provisions of the Civil Service Law and existing collective bargaining agreements.
(e) Procedures for the protection of students. All residential schools subject to this section shall develop written procedures for the protection of students when there is a reason to believe an incident has occurred which would render a student an abused child in residential care or a neglected child in residential care within the meaning of section 412-a of the Social Services Law. Such procedures shall be submitted for review and approval within a time frame established by the commissioner and shall include, but need not be limited to, the following:
(1) Notification. Immediate notification of suspected incidents of abuse or neglect of a child in residential care shall be made to:
(i) the Statewide Central Register of Child Abuse and Maltreatment, unless, pursuant to section 415 of the Social Services Law, the appropriate local plan for the provision of child protective services provides that reports should be made to the child protective service;
(ii) the appropriate local law enforcement agency if the incident is of a criminal nature; and
(iii) the parent(s) of the student, if the incident involves physical injury to the student.
(2) Investigation. Immediately upon notification that a report of child abuse or neglect of a child in residential care has been made to the Statewide Central Register of Child Abuse and Maltreatment, or, when applicable, to the child protective service of the local department of social services, the chief administrator of the facility or his or her designee shall:
(i) initiate internal investigation procedures;
(ii) preserve any potential evidence through such actions as securing the area wherein suspected abuse or neglect occurred;
(iii) obtain proper medical evaluation and/or treatment, as needed, with documentation of any evidence of abuse or maltreatment; and
(iv) provide necessary assistance to the Office of Children and Family Services in its investigation thereof.
(3) Safety. Upon notification that a report of child abuse or neglect in residential care has been made to the Statewide Central Register of Child Abuse and Maltreatment or, when applicable, to the child protective service of the local department of social services, the chief administrator of the facility or his or her designee, with consideration for causing as little disruption as possible to the daily routines of the students in the program, shall evaluate the situation and immediately take appropriate action to assure the health and safety of the students involved in the report and of any other students similarly situated in the facility or program and take such additional action as is necessary to prevent future acts of abuse or neglect. Such action may include:
(i) consistent with appropriate collective bargaining agreements and applicable provisions of Civil Service Law:
(a) removal or transfer of the alleged perpetrator;
(b) increasing the degree of supervision of the alleged perpetrator; and/or
(c) initiation of appropriate disciplinary action against the alleged perpetrator;
(ii) provision of increased training and/or increased supervision to volunteers and staff pertinent to the prevention and remediation of abuse and neglect;
(iii) temporary removal of the students from a program and reassignment of the students within the facility, as an emergency measure, if it is determined that there is a risk to the health or safety of such students in remaining in that program. Whenever a student is removed, pursuant to this subparagraph, from a special education program or service specified in his or her individualized education program, such action shall be immediately reported to the commissioner or his designee and referred to the appropriate committee on special education for review; and/or
(iv) provision of counseling to the students involved in the report and any other students, as appropriate.
(4) Corrective action plans. (i) Indicated Reports. Upon receipt of an indicated report of child abuse or neglect in residential care, as such terms are defined in sections 412 and 412-a of the Social Services Law, the chief administrator of the facility, after consideration of any recommendations of the Office of Children and Family Services or, where applicable, the Commission on Quality of Care and Advocacy for Persons with Disabilities for preventive and remedial action, including legal action, shall:
(a) within 10 calendar days of receipt of an indicated report of child abuse or neglect in residential care, develop, implement and submit to the appropriate designee of the commissioner for approval, a written plan of action to be taken with respect to an individual employee or volunteer to assure the continued health and safety of students 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 paragraph (3) of this subdivision; and
(b) in the event an investigation of a report of alleged child abuse or maltreatment determines that some credible evidence of abuse or maltreatment exists and such abuse or neglect in residential care may be attributed in whole or in part to noncompliance by the facility with provisions of title 6 of article 6 of the Social Services Law, or section 4212, 4314, 4358 or 4403(11)-(13) of the Education Law or the regulations of the Commissioner of Education, develop and implement a plan of prevention and remediation, which shall address, at minimum, those areas in which the facility has been found to be out of compliance, shall indicate the manner in which the facility will come into compliance, and shall include the date by which such plan shall be in effect. Such plan shall be developed and submitted for approval to the appropriate designee of the commissioner within 30 calendar days of receipt of such a report.
(ii) Upon a determination by the Office of Children and Family Services or, where applicable, the Commission on Quality of Care and Advocacy for Persons with Disabilities that it appears likely that a crime may have been committed against a child and/or that a violation of the statutory, regulatory or other requirements of the licensing agency or operating state agency relative to the care and treatment of individuals receiving services has occurred, regardless of whether a report is indicated or unfounded, the chief administrator of the facility, after consideration of any recommendations of the Office of Children and Family Services or, where applicable, the Commission on Quality of Care and Advocacy for Persons with Disabilities for preventative or remedial actions, if any, which may include enforcement or disciplinary actions, shall:
(a) within a reasonably prompt period of time, but not later than 10 calendar days from receipt of such determination, initiate any necessary and appropriate corrective action;
(b) within a reasonably prompt period of time, but not later than 30 calendar days from receipt of such determination, submit to the Department and to the Office of Children and Family Services or, where applicable, the Commission on Quality of Care and Advocacy for Persons with Disabilities a written report of the actions taken to address the findings of the office or commission and such subsequent progress reports as the office or commission may require including any actions to implement a plan of prevention and remediation; and
(c) immediately notify the appropriate law enforcement agency or confirm that such notification has already been made whenever it appears likely that a crime has been committed against a student.
(f) Staff training. To the extent required by the provisions of sections 4212, 4314, 4358 and 4403(11) of the Education Law, schools shall provide, or ensure the provision of, child abuse prevention training to all administrators, employees and volunteers on a regular, but at least annual, basis. Priority shall be given to the training of administrators, employees and volunteers who have the potential for regular and substantial contact with students in residential care. A written description of such training plan shall be submitted for review and approval within a time frame established by the commissioner.
(1) The purpose of such training shall be to increase the participants' level of awareness, encourage positive attitudes and enhance knowledge and skill development in areas including, but not limited to, the following:
(i) child abuse prevention and identification;
(ii) safety and security procedures;
(iii) principles of child development;
(iv) characteristics of children in care;
(v) techniques of group and child management, including crisis intervention and appropriate restraint training;
(vi) laws, regulations and procedures, including appropriate reporting responsibilities, governing the protection of students from abuse and maltreatment; and
(vii) any relevant information provided by the department.
(2) The department may exempt administrators from such training requirements upon demonstration of substantially equivalent knowledge or experience.
(g) Staff orientation. Each new employee or volunteer shall, immediately upon commencement of duties, be provided an orientation to the procedures of the school and the policies and procedures of the department regarding the protection of students from abuse and maltreatment.
(h) Instruction of students. To the extent required by the provisions of sections 4212, 4314, 4358 and 4403(11) of the Education Law, and in consideration of the needs and circumstances of the program, schools shall provide instruction to all students in techniques and procedures which will enable such students to protect themselves from abuse and maltreatment.
(1) Such instruction shall be described in a written plan to be submitted for review and approval within a time frame established by the commissioner, and shall be:
(i) appropriate for the age, individual needs and particular circumstances of students, including the existence of mental, physical, emotional or sensory disabilities;
(ii) provided at different times throughout the year in a manner which will ensure that all students receive such instruction; and
(iii) provided by individuals who possess appropriate knowledge and training, documentation of which shall be maintained by the school.
(i) Variances. Where the residential component of a school governed by this section is licensed or certified by a State agency other than the State Education Department, a variance may be granted, in whole or in part, from the requirements of subdivision (b), (d), (e), (f), (g) or (h) of this section with respect to employees or volunteers other than those employed in the educational component of such school, upon a finding that such employees or volunteers are subject to overlapping requirements imposed in regulations adopted by such other State agency for the protection of students in residential care from abuse and maltreatment, or, in the event that such other State agency has not adopted regulations regarding a particular requirement, upon a finding that the school has procedures in place regarding such employees or volunteers which are substantially equivalent to those required by this section. The chief administrator of each such school shall submit an application, on a form and within a time frame prescribed by the commissioner, which shall include, but need not be limited to, a list of all licensing or certifying State agencies and an assurance by the chief administrator that the school is in compliance with the requirements imposed by such other licensing or certifying State agency or agencies, or has procedures in place which are substantially equivalent to those required by this section, regarding the protection of students in residential care from child abuse and maltreatment.