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 selves from abuse and maltreatment; and

protect them

(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.

§ 716. 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:

(a) The 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

(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.

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.

training to such administrators, employees, volunteers [and], children and consultants. Standards developed pursuant to this subdivision shall, to the extent possible, be consistent with those promulgated by other state agencies for such purposes.

(b) Such commissioner shall provide necessary assistance to the state commission on quality of care for the mentally disabled in the conduct of investigations pursuant to section 45.07 of this chapter, shall consider its recommendations for appropriate preventive and remedial action including legal actions, and shall provide or direct a residential facility licensed or operated by the office of mental retardation and developmental disabilities to provide written reports thereon to the commission as to the implementation of plans of prevention and remediation approved by such office.

(c) Such commissioner shall provide for the development and implementation of a [corrective action] plan of prevention and remediation with respect to an indicated report of child abuse or maltreatment. Such action shall include: (i) within ten days of receipt of an indicated report of child abuse or maltreatment, development and implementation of a plan of [action] prevention and remediation to be taken with respect to [an individual employee or volunteer] a custodian or the residential facility in order to assure the continued health and safety of children and to provide for the prevention of future acts of abuse or maltreatment; and (ii) development and implementation of a plan of prevention and remediation, 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 with the provisions of this chapter or regulations of the office applicable to the operation of [a child care] such residential facility. Any plan of prevention and remediation required to be developed pursuant to paragraph (ii) of this subdivision by a facility supervised by the office shall be submitted to and approved by such office in accordance with time limits established by regulations of such office. Implementation of the plan shall be monitored by such office. In reviewing the continued qualifications of a [child care] residential facility or program for an operating certificate, the office shall evaluate such facility's compliance with plans of prevention and remediation developed and implemented pursuant to this subdivision.

$ 17. Subdivision 6 of section 29.29 of the mental hygiene law, as added by chapter 677 of the laws of 1985, is amended to read as follows: 6. Such commissioners shall promulgate regulations establishing standards for the protection of children in residential care from abuse and maltreatment, including procedures for: (a) 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;

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

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

(d) 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 in a [residental] residential facility;

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

istics 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 such offices may exempt administrators and consultants 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.

The commissioners shall take all reasonable and necessary actions to assure that employees [or], volunteers or consultants in residential care facilities are kept apprised on a current basis of all policies and procedures of the respective offices 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. Standards developed pursuant to this Subdivision shall, to the extent possible, be consistent with those promulgated by other state agencies for such purposes.

§ 18. Subdivision 7 of section 29.29 of the mental hygiene law, as added by chapter 676 of the laws of 1985, is amended to read as follows: 7. Such commissioners shall provide necessary assistance to the state commission on quality of care for the mentally disabled in the conduct of investigations pursuant to section 45.07 of this chapter, shall consider its recommendations for appropriate preventive and remedial action including legal actions, and‍ shall provide or direct a residential facility licensed or operated by the office of mental health or office of mental retardation and developmental disabilities to provide written reports thereon to the commission as to the implementation of plans of prevention and remediation.

§19. Subdivision 8 of section 29.29 of the mental hygiene law, as amended by chapter 719 of the laws of 1986, is amended to read as follows:

8. Such commissioners shall provide for the development and implementation of a [corrective action] plan of prevention and remediation with respect to an indicated report of child abuse or maltreatment. Such action shall include: (a),* within ten days of receipt of an indicated report of child abuse or maltreatment, development and implementation of a plan of [action] prevention and remediation to be taken with respect to [an individual employee or volunteer] a custodian or residential facility in order to assure the continued health and safety of children and to provide for the prevention of future acts of abuse or maltreatment; and (b) development and implementation of a plan of prevention and remediation, 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 with provisions of this chapter or regulations of the respective offices applicable to the operation of [a child care] such residential facility. Any plan of vention and remediation required to be developed pursuant to paragraph (b) of this subdivision by a facility supervised by either office shall be submitted to and approved by such office in accordance with time limits established by regulations of such office. Implementation of the plan shall be monitored by such office. In reviewing the continued qualifications of a [child care] residential facility or program for operating certificate, the office having supervisory responsibilities shall evaluate such facility's compliance with plans of prevention and remediation developed and implemented pursuant to this subdivision.

pre

an

§ 20. Paragraphs 2, 3 and 4 of subdivision (c) of section 45.07 of the mental hygiene law, as amended by chapter 719 of the laws of 1986, subparagraph e of paragraph 2 as amended by chapter 634 of the laws of 1988, are amended and a new paragraph 5 is added to read as follows: 2. With respect to reports of abuse or maltreatment of children in residential care as defined in paragraph (g) of subdivision seven of section four hundred twelve of the social services law and made pursuant to title six of article six of such law except such facilities or pro* So in original. (Comma inadvertently added.)

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

grams enumerated in paragraph (h) of subdivision seven of section four hundred twelve of the social services law, in addition to complying with requirements of applicable provisions of the social services law and this subdivision, the commission shall:

a. receive from the state central register of child abuse and maltreatment on a twenty-four hour, seven day a week basis all suspected child abuse or maltreatment;

b.

reports of

obtained

maintain and keep up-to-date a child abuse and maltreatment record of all cases reported together with any additional information and a record of the final disposition of the report, including recommendations by the commission and action taken with respect to the tial care facility or the subject of a report of child abuse or maltreatment pursuant to section 16.29 or 29.29 of this chapter;

residen

or

c. 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 contemplated, to the state central register. If such initial investigation results in a determination that the report does not constitute allegation of abuse or neglect, the commission shall refer such report to the appropriate office of the department of mental hygiene, provided, however, that the name and other personally identifiable information of the person making the report shall not be provided by the commission unless such person authorizes such disclosure;

an

d. give telephone notice and forward immediately a copy of reports made which involve the death of a child to the appropriate district attorney. In addition, telephone notice shall be given and a copy of all reports made shall be forwarded immediately by the commission to the appropriate district attorney if a prior request in writing for such notice and copies has been made to the commission by the district attorney. Such request shall specify the kinds of allegations concerning which the district attorney requires such notice and copies;

e.

upon receipt of such report child abuse or maltreatment, commence within twenty-four hours, an appropriate investigation which shall include but not be limited to an evaluation of the residential care facility in which the child resides who is named in the report and a determination of the risk to such child if he or she continues to remain in the existing residential care facility as well as a determination of the nature, extent and cause of any condition enumerated in such report and, after seeing to the safety of the child and, to the maximum extent feasible, the other children in the facility forthwith: (i) notify the subject of the report and other persons named in the report in writing of the existence of the report and their respective rights pursuant to title six of article six of the social services law in regard to amendment or expungement; and (ii) notify the director or operator of the residential facility and the office of mental health or the office of mental retardation and developmental disabilities of the existence of such report including the name of any child alleged to be abused or maltreated, the name of the subject of the report of child abuse or maltreatment, and any other information which may be necessary to assure the health and safety of the children in the residential care facility; f. comply with the terms and conditions for maintenance of confidential records and due process rights of the subject of the report of child abuse or maltreatment pursuant to sections four hundred twenty-two and four hundred twenty-four-a of the social services law;

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

h. assist the criminal court during all stages of the court proceeding in accordance with the purposes of title six of article six of the social services law and other applicable provisions of law.

an

3. Where the department of social services determines that some credible evidence of the alleged abuse or maltreatment exists, and when indicated report reflects incidents of severe or repeated child abuse or maltreatment], the commission shall recommend to the office of mental health or the office of mental retardation and developmental disabilities, as the case may be, that appropriate preventive and remedial actions including legal actions, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, and pursuant to standards of such offices, promulgated pursuant to section 16.29 or 29.29 of this chapter and other applicable provisions of law, be undertaken with respect to a residential care facility and/or the subject of the report of child abuse or maltreatment. [The commis

sion shall prepare an annual report to the governor and legislature on the protection of children in residential care from abuse and maltreatment, including the implementation of the provisions of this paragraph and other applicable provisions of law, and including reports received, results of investigations by types of facilities, remedial actions taken, and efforts undertaken by the office of mental health and the office of mental retardation and developmental disabilities to provide training pursuant to standards established by such offices pursuant to section 29. 29 of this chapter. ] However, nothing in this paragraph shall prevent the commission 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.

4. In order to assure effective investigation of reports of child abuse and maltreatment made pursuant to title six of article six of the social services law, the commission shall establish standards for the provision of training to its employees charged with the investigation of such reports [of child abuse and maltreatment], in at least the following: (a) basic training in the principles and techniques of investigation, including relationships with other investigative bodies, (b) legal issues in child protection including the legal rights of children, employees and volunteers, (c) methods of identification, remediation, treatment and prevention, (d) safety and security procedures, and (e) the principles of child development, the characteristics of children in care, and techniques of group and child management including crisis intervention. The commission shall take all reasonable and necessary actions to assure that its employees are kept apprised on a current basis of all department of mental hygiene policies and procedures relating to the protection of children from abuse and maltreatment.

5. The commission shall prepare an annual report to the governor and legislature on the protection of children in residential care from abuse and maltreatment, including the implementation of the provisions of this paragraph and other applicable provisions of law, including reports received, results of investigations by types of facilities, remedial actions taken, and efforts undertaken by the office of mental health and the office of mental retardation and developmental disabilities to provide training pursuant to standards established by such offices pursuant to section 16.29 or 29.29 of this chapter.

§ 21. Subdivision (a) of section 4212 of the education law, as added by chapter 677 of the laws of 1985 and designated by chapter 676 of the laws of 1985, is amended to read as follows:

(a) Promulgate regulations concerning standards for the protection of children in residential care from abuse and maltreatment 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, and 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 state or any other jurisdiction;

(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;

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

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.