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compliance by the residential facility or program with provisions of this chapter

chapter or regulations of the department applicable to the operation of [a] such residential facility or program. Any plan of prevention and remediation required to be developed pursuant to paragraph (b) of this subdivision by a facility supervised by the department shall be submitted to and approved by the department in accordance with time limits established by regulations of the department. Implementation of the plan shall be monitored by the department. In reviewing the continued qualifications of a [child care] residential facility or program for an operating certificate, the department shall evaluate such facility's compliance with plans of prevention and remediation developed and implemented pursuant to this subdivision.

§ 33. Subdivision 9 of section 501 of the executive law, as added by chapter 677 of the laws of 1985, is amended to read as follows:

To promulgate regulations concerning standards for the protection of children in residential facilities and programs operated or certified by the division, from abuse and maltreatment. Such standards shall include the prevention and remediation of abuse and maltreatment of children in

such residential facilities or programs, 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 the information supplied by any person applying to be an employee [or], volunteer[,) or

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;

(b) establishing for employees, relevant 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 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 a residential facility or program;

(e) removing of 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 residential facility or program; and

(f) appropriate preventive and remedial action to be taken, including legal actions, consistent with appropriate collective bargaining agreenents 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 division may exempt administrators and consultants from such requirements upon demonstration of

(ii) subject to the amounts appropriated therefor, children receive instruction, consistent with their age, needs and circumstances as well

the needs and circumstances within the residential facility or program, in techniques and procedures which will enable such children to protect themselves from abuse and maltreatment.

The division shall take all reasonable and necessary actions to assure that employees [or], volunteers and consultants in residential facilities and programs are kept apprised on a current basis of all division policies and procedures 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.

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

§ 34. Subdivision 10 of section 501 of the executive law, as added by chapter_676 of the laws of 1985, is amended to read as follows:

10. To cooperate with the state department of social services and other departments, divisions and agencies of the state when a report is received pursuant to title six of article six of the social services law to protect the health and safety of children in residential facilities

programs. Such cooperation shall include: the making of reports of alleged child abuse and maltreatment, providing necessary assistance to the state department of social services in the department's investigation thereof and considering the recommendations of the state department of social services for appropriate preventive and remedial action, including legal actions, and provide or direct the residential facility to provide

such written reports thereon to the department of social services as to the implementation of plans of prevention and remediation approved by the division

pursuant to title six of article six of the social services law.

§ 35. Subdivision 11 of section 501 of the executive law, as amended by chapter 719 of the laws of 1986, is amended to read as follows:

11. To 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 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 (b) development and implementation of a plan of prevention and remediation, in the event investigation of a report of alleged child abuse or máltreatment 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 residential facility or program with provisions of this chapter or regulations of the division applicable to the operation of [a] such residential facility or program. Any plan of prevention and remediation required to be developed pursuant to paragraph (b) of this subdivision by a facility supervised by the division shall be submitted to and approved by the division in accordance with time limits established by regulations of the division. Implementation of the plan shall be monitored by the division. In reviewing the continued qualifications of a [child care residential facility or program for an operating certificate, the division shall evaluate such facility's compliance with plans of prevention and remediation developed and implemented pursuant to this subdivision.

§ 36. The opening paragraph of subdivision 6 of section 510-a of the executive law, as amended by chapter 677 of the laws of 1985, is amended to read as follows:

No detention facility shall receive or care for children detained pursuant to the family court act or the criminal procedure law unless certified by the state division for youth, which certification shall include a maximum-capacity which shall not be exceeded. No certification shall be issued or renewed unless such a facility has developed and implemented a procedure, consistent with appropriate collective bargaining agreements

and
applicable

provisions of the civil service law, for reviewing and evaluating the backgrounds of and the information supplied by any person applying to be an employee [or], 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 sign a

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.

§ 37. Subdivision (b) of section 532-e of the executive law, as separately amended by chapters 677 and 800 of the laws of 1985, is amended to read as follows:

(b) certify residential facilities providing care to runaway and/or homeless youth, provided, however, that no certification shall be issued or renewed until it can be demonstrated that a program operated pursuant to this article has consistent with appropriate collective bargaining

Sworn

or

agreements and applicable provisions of the civil service law, developed and implemented a procedure for reviewing and evaluating the backgrounds of and the information supplied by any person applying to be an employee [or], volunteer or consultant, which shall include but not be limited to the following requirements: that the applicants set forth his or her employment history, provide personal and employment references and sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crimes in this state any other jurisdiction;

§ 38. Separability. If any provision of this act or the application thereof to any, person or circumstances is held to be

invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby.

§ 39. Section 22 of chapter 676 of the laws of 1985, relating to enacting a portion of the child abuse prevention act of 1985, as amended by chapter 250 of the laws of 1991, is amended to read as follows:

§ 22. This act shall take effect immediately, provided that the provisions of sections one through eighteen and sections twenty and twenty-one of this act shall take effect on April 1, 1986 and shall remain in full force and effect until March 31, 1992 and provided further however, that the department of social services, office of mental health, office of mental retardation and developmental disabilities, state education department, division for youth and the state commission on quality of care for the mentally disabled shall take all necessary and reasonable actions to make this act fully operational on October 1, 1986).

§ 40. Section 5 of chapter 717 of the laws of 1986 amending, the social services law, relating to a statewide central register of child abuse and maltreatment, is amended to read as follows:

§ 5. This act shall take effect on the one hundred twentieth day after it shall have become a lawl, provided, however, that nothing contained in this act shall be deemed to extend the existence of the amendatory language included in subdivision four of section four hundred twelve and subdivision two of section four hundred twenty-two of the social services law pursuant to the provisions of chapter six hundred seventy-six of the laws of nineteen hundred eighty-five beyond the date upon which it is otherwise due to expire].

§ 41. Section 6 of chapter 718 of the laws of 1986 amending the social services law, relating to child abuse and maltreatment, is amended to read as follows:

§ 6. This act shall take effect on the one hundred twentieth day after it shall have become a law, provided, however, [that nothing contained in this act shall be deemed to extend the existence of the amendatory language included in section four hundred thirteen of the social services law pursuant to the provisions of chapter six hundred seventy-six of the laws of nineteen hundred eighty-five beyond the date upon which it is otherwise due to expire and provided further that any regulations or guidelines necessary for the timely implementation of this act on its effective date may be promulgated on or before such date.

§ 42. Section 22 of chapter 719 of the laws of 1986 amending the social services law and other laws

relating to child abuse and maltreatment, as amended by chapter 250 of the laws of 1991, is amended to read as follows:

§ 22. This act shall take effect October 1, 1986 [and shall remain in full force and effect until March 31, 1992; provided however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act on their effective date are authorized and directed to be made and completed on or before such effective date).

43. Section 2 of chapter 543 of the laws of 1988 amending the social services law, relating to reporting of incidents of child abuse and maltreatment of children with handicapping conditions, is amended to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [] is old law

to be omitted.

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$ 2. This act shall take effect immediately [provided that the amendment to subdivisions one and two of section four hundred twelve of the social services law made by section one of this act shall not effect the expiration of said provisions].

§ 44. Section 4 of chapter 545 of the laws of 1988 amending the social services law, relating to the creation of

open express

line for reporting suspected child abuse and maltreatment, is amended to read as follows: § 4. This act shall

effect January [first, nineteen hundred eighty-nine provided, however, that nothing contained in sections one and two of this act shall be deemed to affect the expiration of certain provisions of section four hundred fifteen or paragraph (a) of subdivision two of section four hundred twenty-two of the social services law as provided for by chapter six hundred seventy-six of the

laws of nineteen hundred eighty-five and chapter seven hundred seventeen of the laws of nineteen hundred eighty-six respectively] i, 1989.

§ 45. Section 20 of chapter 634 of the laws of 1988 amending the social services law and the mental hygiene law, relating to protection of children from child abuse and maltreatment as amended by chapter 250 of the laws of 1991, is amended to read as follows:

5 20. This act shall take effect immediately[, provided, however that the provisions in sections one through four, that portion of five which adds a new subparagraph (t) to paragraph (A) of subdivision 4 of section 422 of the social services law, nine, and sixteen through nineteen of this act shall remain in

force

and effect until March 31, 1992 and provided further, however, that nothing contained in this act shall be deemed to extend the existence of the amendatory language included in subdivisions 1 and 2, and paragraph (a) of subdivision 7 of section 412; section 415; subdivisions 5, 8 and 9 of section 422; and section 424-b of the social services law pursuant to the provisions of chapter 676 of the laws of 1985, or the existence of the amendatory language included in paragraph (b) of subdivision 8 of section 422; the closing paragraph of section 4245 paragraph (a) of subdivision 1 of section 424-a; subdivision 4 of section 424-a; and subdivision 5 of section 424-C of the social services law and subparagraph e of paragraph 2 of subdivision (c) of section 45.07 of the mental hygiene law pursuant to the provisions of chapter 719 of the laws of 1986, beyond the date upon which such language is otherwise due to expire).

§ 46. Section 3 of chapter 194 of the laws of 1989 amending the social services law and the education law, relating to requiring dental hygienists to report suspected cases of child abuse or neglect, is amended to read as follows:

§ 3. This act shall take effect January 1, 1990[, provided that the amendment made to section 413 of the social services law by section one of this act shall be subject to the expiration provisions of such subdivision pursuant to chapter 376 of the laws of 1985).

§ 47. Section 2 of chapter 292 of the laws of 1989 amending the social services law, relating to reports by, a statewide central register be made available involving child abuse and maltreatment, is amended to read as follows:

§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law [and shall not affect the expiration of subparagraph (t) of paragraph (A) of subdivision 4 of section 422 of the social services law on March 31, 1990, as provided by chapter 634 of the laws of 1988].

§ 48. Section 3 of chapter 434 of the laws of 1989 amending the social services law, relating to disclosure by employers in reporting child abuse and maltreatment, is amended to read as follows:

§ 3. This act shall take effect immediately [provided, however, that nothing contained herein shall be deemed to effect the expiration of certain provisions of paragraph (A) of subdivision 4 of section 422 of the social services law as otherwise provided by law).

§ 49. This act shall take effect October 1, 1992, provided, however that the provisions of this act shall apply

to

any. . investigation of child abuse or neglect, pursuant to this act, which has not been com – pleted as of the effective date of this act.

CHAPTER 33

a

AN ACT making an appropriation to pay Susan Hoyt, widow of the late Wil

liam B. Hoyt, member of the Assembly from the 144th assembly district,

the balancé due of his unpaid annual compensation for the year 1992 Became law March 27, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 and Article VII, section 5 of the Constitution by a majority vote, threefifths being present.

The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. The sum of fifty-one thousand one hundred fifty-two dollars and ninety-two cents ($51, 152.92) is hereby appropriated out of any moneys in the general fund of the state treasury to the credit of the staté purposes account not otherwise appropriated,' for payment to Susan Hoyt, the widow of the late William B. Hoyt, member of the assembly from the 144th assembly district, who died on the twenty-fifth day of March, 1992, for the balance due of the unpaid annual compensation which would have been earned by him had he continued to live and serve as such member until the close of such year. The amount hereby appropriated shall be payable to Susan Hoyt on the audit and warrant of the comptroller a voucher certified or approved in the manner prescribed by law.

§ 2. This act shall take effect immediately.

on

CHAPTER 34
AN ACT to amend the county law, in relation to the appointment and

promotion of deputy sheriffs
Became a law March 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 652-a of the county law, as added by chapter 602 of the laws of 1991, is amended to read as follows:

1. In any county outside the city of New York where heretofore there has been established a procedure for the appointment and promotion of [deputy sheriffs) personnel within the office of the sheriff, the appointment and promotion of (deputy sheriffs) personnel within the office of

the sheriff may continue to be made pursuant to that procedure through March thirty-first, nineteen hundred [ninety-two) ninety-three, any other provision of law notwithstanding.

§ 2. This act shall take effect immediately.

CHAPTER 35

to

AN

ACT amend chapter 1040 of the laws of 1981, relating to the New York temporary state commission on lobbying, in relation to extending the existence of the commission an additional two years Became a law March 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 5 of chapter 1040 of the laws of 1981, relating to the New York temporary state commission on lobbying, as amended by chapter 746 of the laws of 1991, is amended to read' as follows: EXPLANATION-Matter in italics is new; matter in brackets [] is old law

to be omitted.

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