of

investigation, provided however, that no information identifying the subjects of the report or other persons named in the report shall be made available to the department of investigation unless such information is essential to an investigation within the legal authority of the department of investigation and the state department of social services gives prior approval; (n) chief executive officers of authorized agencies, directors of day care centers and directors of facilities operated or supervised by the department of education, the division for youth, the office of mental health or the office of mental retardation and developmental disabilities, in connection with a disciplinary investigation, action, or administrative or judicial proceeding instituted by any of such officers or directors against an employee of any such agency, center or facility who is the subject of an indicated report when the incident of abuse or maltreatment contained in the report occurred in the agency, center, facility, or program, and the purpose of such proceeding is to determine whether the employee should be retained or discharged; provided however, a person given access to information pursuant to this subparagraph (n) shall, notwithstanding any inconsistent provision of law, be authorized to redisclose such information only if the purpose of such redisclosure is to initiate or present evidence in a disciplinary, administrative or judicial proceeding concerning the continued employment or the terms of employment of an employee of such agency, center or facility who has been named as a subject of an indicated report and, in addition, a person or agency given access to information pursuant to this subparagraph (n) shall also be given information not otherwise provided concerning the subject of an indicated report where the commission of an act or acts by such subject has been determined in proceedings pursuant to article ten of the family court act to constitute abuse or neglect; (o) a provider or coordinator of services to which a child protective service or social services district has referred a child or a child's family or to whom the child or the child's family have referred themselves at the request of the child protective service or social services district, where said child is reported to the register when the records, reports or other information are necessary to enable the provider or coordinator to establish and implement a plan of service for the child or the child's family; provided however, a provider or coordinator of services given access to information concerning a child pursuant to this subparagraph (o) shall, notwithstanding any inconsistent provision of law, be authorized to redisclose such information to other persons or agencies which also provide services to the child or the child's family only if the consolidated services plan prepared and approved pursuant to section thirtyfour-a of this chapter describes the agreement that has been or will be reached between the provider or coordinator of service and the local district. An agreement entered into pursuant to this subparagraph shall include the specific agencies and categories of individuals to whom redisclosure by the provider or coordinator of services is authorized. Persons or agencies given access to information pursuant to this subparagraph may exchange such information in order to facilitate the provision or coordination of services to the child or the child's family; (p). a disinterested person making an investigation pursuant to section one hundred sixteen of the domestic relations law, provided that such disinterested person shall only make this information available to the judge before whom the adoption proceeding is pending; (q) a criminal justice agency conducting an investigation of a missing child where there is reason to suspect such child or such child's sibling, parent, guardian or other person legally responsible for such child is a person named in an indicated report of child abuse or maltreatment and that such information is needed to further such investigation; (r) in relation to a report involving a child in residential care, the director or operator of the residential facility or program and, as appropriate, the local social services commissioner or school district placing the child, the division for youth, the department of education, the commission on quality of care for the mentally disabled, the office of mental health, the office of mental retardation and developmental disabilities, and any law guardian appointed to represent the child whose appointment has been continued by a family court judge during the term of the placement, subject to the limitations contained in subdivisions nine and ten of this section and subdivision five of section four hundred twenty-four-c of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

or

[Chap. this title; (s) a child protective service of another state when such service certifies that the records and reports are necessary in order to conduct a child abuse or maltreatment investigation within its jurisdiction of the subject of the report and shall be used only for purposes of conducting such investigation and will not be redisclosed to any other person or agency; and (t) a law guardian, appointed pursuant to the provisions of section ten hundred sixteen of the family court act, at any time such appointment is in effect, in relation to any report in which the respondent in the proceeding in which the law guardian has been appointed is is the subject or another person named in the report, pursuant to sections ten hundred thirty-nine-a and ten hundred fiftytwo-a of the family court act. After a child, other than a child in residential care, who is reported to the central register of abuse maltreatment reaches the age of eighteen years, access to a child's record under subparagraphs (a) and (b) of this paragraph shall be permitted only if a sibling or off-spring of such child is before such person and is a suspected victim of child abuse or maltreatment. In addition, a person or official required to make a report of suspected child abuse or maltreatment pursuant to section four hundred thirteen of this chapter shall receive, upon request, the findings of an investigation made pursuant to this title or section 45.07 of the mental hygiene law. However, no information may be released unless the person or official's identity is confirmed by the department. If the request for such information is made prior to the completion of an investigation of a report, the released information shall be limited to whether the report is "indicated", "unfounded" or "under investigation", whichever the case may be. If the request for such information is made after the completion of an investigation of a report, the released information shall be limited to whether the report is "indicated" or, if the report has been expunged pursuant to subdivision five, six or eight of this section that there is "no record of such report", whichever the case may be. A person given access to the names or other information identifying the subjects of the report, or other persons named in the report, except the subject of the report or other persons named in the report, shall not divulge or make public such identifying information unless he or she is a district attorney or other law enforcement official and the purpose is to initiate court action or the disclosure is necessary in connection with the investigation or prosecution of the subject of the report for a crime alleged to have been committed by the subject against another person named in the report. Nothing in this section shall be construed to permit any release, disclosure or identification of the names or identifying descriptions of persons who have reported suspected child abuse or maltreatment to the statewide central register or the agency, institution, organization, program or other entity where such persons are employed or with which they are associated without such persons' written permission except to persons officials, and agencies enumerated in subparagraphs (e), (f), (h), (j), (1) and (m) of this paragraph.

§ 10. Subdivision 10 of section 422 of the social services law, as added by chapter 676 of the laws of 1985, is amended to read as follows: 10. Whenever the department determines that there is some credible evidence of abuse or maltreatment as a result of an investigation of a report conducted pursuant to this [chapter] title or section 45.07 of the mental hygiene law concerning a child in residential care, the department shall notify the child's parent or guardian and transmit copies of reports made pursuant to this title to the director or operator of the residential facility or program and, as applicable, the local social services commissioner or school district placing the child, division for youth, department of education, commission on quality of care for the mentally disabled, office of mental health, office of mental retardation and developmental disabilities, and any law guardian appointed to represent the child whose appointment has been continued by a family court judge during the term of a child's placement.

§ 11. Paragraphs (a) and (c) of subdivision 11 of section 422 of the social services law as amended by chapter 719 of the laws of 1986, amended to read as follows:

are

(a) Reports and records made pursuant to this title, including any previous report concerning a subject of the report, other persons named in the report or other pertinent information, involving children who reside in residential facilities or programs enumerated in paragraphs (a), (b), (c), (d), (e) [and], (f) and (h) of subdivision seven of section four hundred twelve of this chapter, shall be transmitted immediately by the central register to the commissioner who shall commence an

appropriate investigation consistent with the terms and conditions set forth in section four hundred twenty-four-c of this title. If an investigation determines that some credible evidence of alleged abuse or maltreatment exists, [and when an indicated report reflects incidents of severe or repeated child abuse or maltreatment at a residential facility or program,] the commissioner shall recommend to the local social services department, the state education department or the division for youth, as the case may be, that appropriate preventive and remedial action including legal action, consistent with [appropriate] applicable collective bargaining agreements and applicable provisions of the civil service law, pursuant to standards and regulations of the department promulgated pursuant to section four hundred sixty-two of this chapter and standards and regulations of the division for youth and the department of education promulgated pursuant to section five hundred one of the executive law, sections forty-four hundred three, forty-three hundred fourteen, forty-three hundred fifty-eight and forty-two hundred twelve of the education law and other applicable provisions of law, be taken with respect to the residential facility or program and/or the subject of the report. However, nothing in this paragraph shall prevent the commissioner from making recommendations, as provided for by this paragraph, even though the investigation may fail to result in a determination that there is some credible evidence of the alleged abuse or maltreatment.

(c) Reports and records made pursuant to this title, including any previous report concerning a subject of the report, other persons named in the report or other pertinent information, involving children who

reside in a residential facility licensed or operated by the offices of mental health or mental retardation and developmental disabilities except those facilities or programs enumerated in paragraph (h) of subdivision seven of section four hundred twelve of this chapter, shall be transmitted immediately by the central register to the commission on quality of care for the mentally disabled, which shall commence an appropriate investigation in accordance with the terms and conditions set forth in section 45.07 of the mental hygiene law.

§ 12. Subdivision 3 of section 424-c of the social services law, as added by chapter 719 of the laws of 1986, is amended to read as follows: 3. Not later than seven days after receipt of such report, send a preliminary written report of the initial investigation, including, whenever practicable, an evaluation of whether or not such report constitutes an allegation of child abuse or neglect and actions taken or contemplated, to the state central register. If such investigation results in a determination that the report does not constitute an allegation of abuse or neglect, the department shall refer such report to the appropriate state licensing or operating agency, provided, however, that the name and other personally identifiable information of the person making the report shall not be provided by the department unless such person authorizes such disclosure;

§ 13. The opening paragraph and subdivision 7 of section 424-c of the social services law, as added by chapter 719 of the laws of 1986, are amended to read as follows:

With respect to reports of abuse or maltreatment in residential facilities or programs enumerated in paragraphs (a), (b), (c), (d), (e) [and], (f) and (h) of subdivision seven of section four hundred twelve of this title, in addition to complying with other requirements established by this chapter, the commissioner shall:

7. Determine, within [ninety] sixty days, whether the report is "indicated" or unfounded"; and

§ 14. Subdivision 2-a of section 460-c of the social services law, as added by chapter 676 of the laws of 1985, is amended to read as follows: 2-a. Special procedures relating to abuse and neglect of children in residential care. (a) If the report of an investigation of child abuse or maltreatment is indicated, the director or operator of a residential facility or program, including a program described in paragraph (h) of subdivision seven of section four hundred twelve of this chapter, shall submit to the department, within ten business days of receipt of notice of the indicated report, a written plan of [action] prevention and remediation to be taken with respect to the [individual employee or volunteer] subject of the indicated report to assure the continued health and safety of children and provide for the prevention of future EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

acts of abuse or maltreatment. The department shall approve or disapprove such plan and specify necessary revisions within ten days of its receipt and shall monitor its implementation pursuant to the provisions of this chapter.

(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 maltreatment may be attributed in whole or in part to noncompliance by the facility or program, including a program described in paragraph (h) of subdivision seven of section four hundred twelve of this chapter, with provisions of this chapter or regulations of the department applicable to the operation of [a] such residential facility or program, the director or operator of such facility or program shall, in consultation with officials of the department responsible for the approval of operating certificates and for monitoring the provision of protective services to children, develop a plan of prevention and remediation which shall be submitted to and approved by the department in accordance with time limits established by regulations of the department. Implementation of such plan shall be jointly monitored by officials of the department responsible for the approval of operating certificates and for monitoring the provision of protective services to children. In reviewing the continuing qualification of a residential child care facility or program for an operating certificate, the department shall evaluate such facility's or program's compliance with plans of prevention and remediation developed and implemented pursuant to this section.

(c) Development and implementation of plans pursuant to this section shall, to the extent possible, be coordinated with remediation plans required by local social services districts.

$ 15. Paragraphs (b) and (c) of subdivision 1 of section 462 of the social services law, as added by chapter 677 of the laws of 1985, are amended to read as follows:

(b) With respect to facilities exercising care or custody of children, no license or operating certificate shall be provided or renewed unless it can be demonstrated that such facilities comply with regulations for the prevention and remediation of abuse and maltreatment of children in such facilities, including procedures for:

(i) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, the review and evaluation of the backgrounds of and the information supplied by any person applying to be an employee [or], a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references, relevant experiential and educational information and sign a sworn statement indicating whether the applicant to the best of his or her knowledge, has ever been convicted of a crime in this (ii) establishing, for employees, relevant minimal experiential and educational qualifications consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law; (iii) assuring adequate and appropriate supervision of employees [and], volunteers and consultants;

state or any other jurisdiction;

(iv) demonstrating by a residential facility or program that appropriate action is taken to assure the safety of the child who is reported to the state central register of child abuse and maltreatment as well as other children in care, immediately upon notification that a report of child abuse or maltreatment has been made with respect to a child's custodian] child in such facility or program;

(v) removing a child, consistent as applicable with any court order placing the child, when it is determined that there is risk to such child if he or she continues to remain within a facility or program;

(vi) appropriate preventive and remedial action to be taken including legal actions consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law.

(c) With respect to facilities exercising care or custody of children such standards shall establish as a priority that:

(i) subject to the amounts appropriated therefor, administrators, employees, [and] volunteers and consultants receive training in at least the following: child abuse prevention and identification, safety and security procedures, the principles of child development, the characteristics of children in care and techniques of group and child management including crisis intervention, the laws, regulations and procedures governing the protection of children from abuse and maltreatment, and

other appropriate topics, provided however, that the department may exempt administrators and consultants of such facilities or programs from such requirements upon demonstration of substantially equivalent knowledge or experience; and

(ii) subject to the amounts appropriated therefor, children receive instruction, consistent with their age, needs and circumstances as well as the needs and circumstances within the facility or program, in techniques and procedures which will enable such children to protect themselves from abuse and maltreatment; and

(iii) the department shall take all reasonable and necessary actions to assure that employees [or], volunteers and consultants in residential care facilities and programs are kept apprised on a current basis of all department policies and procedures relating to the protection of children from abuse and maltreatment, and shall monitor and supervise the provision of training to such administrators, employees, volunteers [and], children and consultants.

§ 16. Subdivisions (a), (b) and (c) of section 16. 29 of the mental hygiene law, as added by chapter 719 of the laws of 1986, are amended to read as follows: commissioner shall promulgate regulations establishing standards for the protection of children in residential care from abuse and maltreatment, including procedures for:

(1) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, the review and evaluation of the backgrounds of and information supplied by any person applying to be an employee [or], a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references and relevant experiential and educational information and, sign a sworn statement 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;

(2) establishing for employees, minimal experiential and educational qualifications consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law;

(3) assuring adequate and appropriate supervision of employees [and], volunteers and consultants;

(4) demonstrating that appropriate action is taken to assure the safety of the child who is reported to the state central register as well as other children in care, immediately upon notification that a report of child abuse or maltreatment has been made with respect to a [child's custodian] child in a residential facility;

(5) removing a child when it is determined that there is a risk to such child if he or she continues to remain in a residential facility; and

(6) appropriate preventive and remedial action to be taken including legal action, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law. Such standards shall also establish as a priority that:

(i) subject to the amounts appropriated therefor, administrators, employees [and], volunteers and consultants receive training in at least the following: child abuse prevention and identification, safety and security procedures, the principles of child development, the characteristics of children in care and techniques of group and child management including crisis intervention, the laws, regulations and procedures governing the protection of children from abuse and maltreatment, and other appropriate topics provided, however, that the office may exempt administrators and consultants from such requirements upon demonstration of substantially equivalent knowledge or experience; and

as well

(ii) subject to the amounts appropriated therefor, children receive instruction consistent with their age, needs and circumstances as the needs and circumstances within the facility or program, in techniques and procedures which will enable such children to protect themselves from abuse and maltreatment.

The commissioner shall take all reasonable and necessary actions to assure that employees [or], volunteers and consultants in residential care facilities are kept apprised on a current basis of all policies and procedures of the office relating to the protection of children from abuse and maltreatment, and shall monitor and supervise the provision of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.