reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.12 - Money and personal property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 child in care shall receive a regular allowance appropriate to age, which shall
			 not be used to meet basic needs. Any money belonging to a child that is kept in
			 custody by an agency shall be kept separate from agency funds, and account
			 shall be kept of such money. Upon the discharge from care, or transfer of any
			 child to the care of another agency, any money belonging to such child shall be
			 turned over to the person or agency authorized to act as custodian of such
			 money, or to the child, as may be appropriate.
(b) An agency shall permit and encourage
			 children to possess personal belongings, in addition to clothing and toilet
			 articles, as may be appropriate.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.13 - Education

Current through Register Vol. 46, No. 28, July 10, 2024
Child care agencies:
(a) shall take such steps as may be necessary
			 to make certain that all children in care receive education appropriate to
			 their needs and in accordance with the requirements of the Education
			 Law;
(b) shall maintain an active
			 and direct liaison with any school in which a child in its care is
			 enrolled;
(c) shall make certain
			 that each child in its care receives appropriate educational and vocational
			 guidance.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.14 - Social services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Intake.
(1) Each authorized
			 agency shall establish an intake policy, including admission criteria and
			 procedures, and specifying the services and programs offered by such agency and
			 the children served. A copy of the policy shall be submitted to the State
			 Department of Social Services in accordance with requirements upon completion
			 of the annual review, reflecting any change in policy effected by such
			 review.
(2) Except in the case of
			 an emergency placement, an agency shall not accept a child for care until an
			 intake study has been made, either by the placing agency or the receiving
			 agency, and a determination has been made that the placement meets the needs
			 and interests of the child and his family.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.15 - Special services

Current through Register Vol. 46, No. 28, July 10, 2024
Psychiatric, psychological and other essential services
			   shall be made available appropriate to the needs of the children in
			   care.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.16 - Disaster and emergency plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 child care agency must have a written plan detailing the procedures to be
			 followed in caring for children in the event of an emergency or disaster, such
			 as fire, earthquake, hurricane, flood or energy failure. The agency must
			 coordinate such plan with such local community or county disaster or emergency
			 plans as may be applicable. The agency must advise all its employees of such
			 disaster and emergency plan and each employee's responsibility under such plan.
			 A copy of the plan must be forwarded to the department.
(b) Each child care agency must develop
			 procedures for obtaining timely medical care for sick or injured children. Such
			 procedures and appropriate medical emergency telephone numbers must be made
			 available to staff and posted in each living area. Each child care faciity must
			 post in each dining area an approved New York State Health Department poster
			 that illusrates procedures to be utilized in assisting choking
			 victims.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.17 - Restraint of children in care

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions
. As used in this Part:
(1)
Restraint
means the
			 containment of acute physical behavior by physical intervention.
Restraint
as used in Part does not mean time out, confinement
			 of a child to their own room for treatment or disciplinary reasons or use of a
			 locked unit
(2)
Acute
			 physical behavior
means only that behavior which clearly indicates the
			 intent to inflict physical injury upon oneself or others or to otherwise
			 jeopardize the safety of any person.
(3)
Physical restraint
means
			 the use of staff to hold a child in order to contain acute physical
			 behavior.
(4)
Time
			 out
means the removal of a child from a situation that is too
			 threatening or emotionally overwhelming for the child or where the child may
			 lead other children into an uncontrollable state or where the child has
			 exceeded the reasonable limits set by the staff.
(5)
Locked unit
means a
			 program approved by the Office of Children and Family Services that is
			 contained within a closed unit and is designed to serve a special
			 population.
(6)
Discipline
means methods for achieving, restoring, and
			 maintaining order and purposefulness through encouragement, guidance, and
			 teaching children to live as socialized beings.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.18 - Children's privacy rights

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions contained in this section shall apply
			   unless a condition in a court order provides to the contrary. Such condition
			   shall be documented in the child's record.
(a)
Mail.
(1) A child in care has an unrestricted right
			 to send mail without prior censorship or prior reading.
(2) A child in care has the right to receive
			 mail without prior reading or prior censorship. However, an authorized child
			 care agency or foster family boarding home may require the child to open the
			 mail in the presence of a staff member or the foster parent if there is
			 reasonable cause to suspect the delivery of contraband (
e.g.,
drugs or weapons).
(3) Nothing
			 contained in paragraphs (1) and (2) of this subdivision shall be construed to
			 permit a child's use of mail for fraudulent, illegal or illicit
			 purposes.
(4) As part of a
			 treatment plan developed or approved by the local social services district
			 caseworker who has case management responsibility for a child, and in
			 consultation with the authorized agency or foster parent, the authorized child
			 care agency or foster parent may require that a child open mail arriving from a
			 predesignated person in the presence of a staff member or foster parent. Such a
			 situation might arise when it is anticipated that mail from a parent or other
			 person is likely to cause emotional harm to a child, and that such potential
			 harm could be lessened with the presence of a staff member or foster parent.
			 The child shall be informed of this aspect of the treatment plan when it is
			 established and the reason(s) for its implementation.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.19 - Appropriate custodial conduct

Current through Register Vol. 46, No. 28, July 10, 2024
Each child care agency will provide for the safety of
			   children in its care by requiring employees, volunteers and consultants of the
			   facilities which it operates to use appropriate custodial conduct when caring
			   for children. In order to provide appropriate care for children in residential
			   facilities, employees, volunteers and consultants will not:
(a) use illegal drugs on the job, come to
			 work or work under the influence of illegal drugs, or have illegal drugs in
			 their possession on the grounds of any residential child care
			 facility;
(b) use alcohol on the
			 job, come to work or work under the influence of alcohol or have alcohol in
			 their possession on the grounds of any residential child care facility except
			 that staff of a residential child care facility may use or possess alcohol on
			 the grounds of the facility during their nonworking hours if such staff reside
			 on the grounds of such facility or participate in agency sponsored religious or
			 social events held on the grounds of the facility where alcohol is authorized.
			 Employees of residential child care facilities who are permitted to possess
			 alcohol must ensure that children residing in such facilities do not have
			 access to alcohol;
(c) use language
			 or gestures which can cause emotional harm to children;
(d) behave in a discriminatory manner toward
			 children receiving care; discrimination on the basis of ethnicity, handicapping
			 condition, religion, creed or sex shall be prohibited;
(e) have sexual relations with
			 residents;
(f) possess firearms or
			 other dangerous weapons while on the grounds of residential child care
			 facilities;
(g) have personal
			 financial transactions with the residents which would be detrimental to the
			 residents; or
(h) act in any other
			 manner which would be detrimental to residents of a residential
			 facility.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.20 - Requirements of this Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 facility and provider agency as defined in section 488 (4)  of the Social
			 Services Law that are subject to this Part shall comply with the requirements
			 set forth in Part 433 of this Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.21 - Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The local
					 social services district, or the purchase of service agency, if required by the
					 purchase of service agreement, shall provide casework contact services to the child,
					 the child's caretakers and to the child's parents or relatives in the manner and
					 degree specified in this section.
(b)
Casework contact with parent or relatives.
(1)
Casework contacts with the child's
					 parents or relatives
is defined as individual or group face-to-face
					 contacts between one or more of the persons listed in subparagraph (i) of this
					 paragraph, and the child's parents or relatives. Casework contacts are for the
					 purpose of assessing whether the child would be safe if he or she was to return
					 home, and the potential for future risk of abuse or maltreatment if he or she was to
					 return home. Such contacts are also for the purpose of guiding the child's parents
					 or relatives towards a course of action aimed at resolving problems or needs of a
					 social, emotional, developmental or economic nature that are contributing to the
					 reason(s) why such child is in foster care. In the case of children with the
					 permanency planning goal of another planned living arrangement with a permanency
					 resource or adult residential care, such contacts are for the purpose of mobilizing
					 and encouraging family support of the youth's efforts to function independently, and
					 to increase his/her capacity to be self-maintaining; evaluating the ability of the
					 parents or relatives to establish or reestablish a connection with the youth and
					 serve as a resource to the youth; and, where appropriate, encouraging an ongoing
					 relationship between the parents or relatives and the youth. For purposes of this
					 section, a
case planner
is defined as the person who is responsible
					 for assessing the need for, providing or arranging for, coordinating and evaluating
					 the provision of services to children in foster care and services to parents of
					 children in foster care and such additional responsibilities as set forth in section
					 428.2(c)  
					 of this Title.
(i) For the purposes of this
					 section, casework contacts must be made by the following:
(a) the case manager;
(b) the case planner;
(c) a caseworker assigned to the case, as directed
					 by the case planner; or
(d) a parent
					 advocate as defined in section
					 441.2(o)  
					 of this Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.23 - Tobacco product and non-prescribed or non-approved inhaling device use prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Use of
			 tobacco products by staff or residents or visitors on the facility grounds is
			 prohibited.
(b) Tobacco products in
			 the possession of a resident of such a facility are contraband and must be
			 confiscated by agency staff.
(c)
			 For the purposes of this section:
(1)
Use of tobacco products
means the lighting, chewing, ingestion
			 or smoking of any tobacco product.
(2)
Tobacco products
include
			 but are not limited to cigarettes, cigars, pipe tobacco, chewing or dipping
			 tobacco.
(3)
Facility
			 grounds
means any building, structure, and surrounding grounds
			 contained within a facility's legally defined property boundaries as registered
			 in a county clerk's office and any vehicle used to transport residents of an
			 institution, group residence, group home or agency operated boarding
			 home.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.24 - Nondiscriminatory treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Authorized agency staff and volunteers shall not engage in or condone
			 discrimination or harassment against prospective foster parents, foster parents, or children in foster care or any family members being served by the agency,
			 on the basis of race, creed, color, national origin, age, sex, religion, sexual
			 orientation, gender identity or expression, marital status, or disability.
			 Authorized agencies shall promote and maintain a safe environment, take
			 reasonable steps to prevent discrimination and harassment against youth by
			 other youth; promptly investigate incidents of discrimination and harassment by
			 staff, volunteers and youth; and take reasonable and appropriate corrective or
			 disciplinary action when such incidents occur. Certified or approved foster
			 parents shall not engage in discrimination or harassment against children in
			 foster care or any family members being served by the agency, on the basis of
			 race, creed, color, national, origin, age, sex, religion, sexual orientation,
			 gender identity or expression, marital status, or disability, and shall promote
			 and maintain a safe environment.
(b) For purposes of this section, the term
gender identity or expression
means having or being perceived
			 as having a gender identity, self-image, appearance, behavior or expression
			 whether or not that gender identity, self-image, appearance, behavior or
			 expression is different from that traditionally associated with the sex
			 assigned to that person at birth.
Gender identity
refers to a
			 person's internal sense of self as male, female, no gender, or another gender,
			 and
gender expression
refers to the manner in which a person
			 expresses his or her gender through clothing, appearance, behavior, speech, and
			 other means.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.25 - Reasonable and prudent parent standard

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
For the purpose of this section:
(1)
Reasonable and prudent parent
			 standard
means the standard characterized by careful and sensible
			 parental decisions that maintain the health, safety, and best interests of a
			 child in foster care while at the same time encouraging the emotional and
			 developmental growth of the child, that a caregiver must use when determining
			 whether to allow a child in foster care to participate in extracurricular,
			 enrichment, cultural, and social activities.
(2)
Caregiver
means a foster
			 parent with whom the child in foster care has been placed; or a designated
			 employee of a child care facility, including the institution, group residence,
			 group home, agency boarding home or supervised independent living program in
			 which the child has been placed;
(3)
Age
or
developmentally-appropriate
means:
(i) activities or items that are generally
			 accepted as suitable for children of the same chronological age or level of
			 maturity or that are determined to be developmentally-appropriate for a child,
			 based on the development of cognitive, emotional, physical, and behavioral
			 capacities that are typical for an age or age group; and
(ii) in the case of a specific child,
			 activities or items that are suitable for the child based on the developmental
			 stage attained by the child with respect to the cognitive, emotional, physical,
			 and behavioral capacities of the child.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 441 - General › Section 441.26 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any provision of
			 other Parts of this Title notwithstanding, a written waiver of one or more of
			 the non-statutory requirements of this of this Part may be issued be the Office
			 to an applicant for, or the holder of, a license or an operating certificate
			 from the Office to operate a program or facility pursuant to this Title.
			 Provided however, that no program or facility may apply for a waiver for any
			 requirements regarding non-discrimination. A waiver pursuant to this section
			 may be issued at the time of application for a license or operating certificate
			 to become a program or facility pursuant to this Title. A program or facility
			 which applies for a waiver subsequent to the issuance of a license or operating
			 certificate, must operate in full compliance with the regulations at all times
			 prior to the issuance of a waiver.
(b) An applicant for, or holder of, a license
			 or certificate to operate a program or facility pursuant to this Title must
			 submit to the office, in writing, any request for a waiver pursuant to this
			 section. The Office may prescribe a form to be used for waiver requests. The
			 application for a waiver must include:
(1)
			 The specific regulation or regulations for which a waiver is sought;
(2) The reason a waiver is necessary;
			 and
(3) A description of what will
			 be done to achieve or maintain the intended purpose of the regulation or
			 regulations for which a waiver is sought and to protect the health, safety and
			 welfare of the youth in the program or facility.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.1 - Concurrent care of juvenile delinquents and persons in need of supervision with dependent, destitute, abandoned and neglected children

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
			 juvenile delinquent may be cared for in an institution which provides solely
			 for the temporary care of dependent, destitute, abandoned and neglected
			 children.
(b) Juvenile delinquents
			 and persons in need of supervision may be cared for concurrently in any other
			 institution with dependent, destitute, abandoned and neglected children upon
			 written approval from the board based upon the board's finding that the
			 institution can provide appropriate care and treatment for such juvenile
			 delinquents and persons in need of supervision and that such concurrent care
			 will not adversely affect the care and treatment of the other children. The
			 board may impose conditions for approval. Persons in need of supervision may
			 similarly be cared for in an institution which provides for the temporary care
			 of dependent, destitute, abandoned and neglected children in accordance with
			 the provisions of this subdivision.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.3 - Public authorized agency

Current through Register Vol. 46, No. 28, July 10, 2024
A social services official may be authorized by the
			   department to operate an institution for children, provided that such facility
			   complies with the provisions of this Part; provided further that such official
			   establishes the need therefor and that suitable care is not otherwise available
			   for children under the care of such official. Application for such approval by
			   the department shall be made in accordance with the requirements for the
			   issuance of an operating certificate, as specified in Parts 476 and 477 of this
			   Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.4 - Buildings and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions
.
As used in this section, the following definitions shall
			   apply:
(1)
Building
means a structure.
(2)
Construction
means the erection of a new structure.
(3)
Addition
means extension
			 or increase in area, height or equipment of an existing structure.
(4)
Substantial modification
means any alteration, change, rearrangement or reconstruction to an existing
			 structure or equipment, except for ordinary repairs and maintenance.
(5)
Equipment
means fixtures
			 or articles affixed to the structures.
(6)
Occupancy
means use of a
			 building, structure or premises; abandonment or vacating a building or a major
			 part of a building shall be considered a change in occupancy.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.5 - Fire protection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Compliance with applicable laws, ordinances, rules, regulations and
			 codes.
Buildings used in whole or in part as an institution must
			   comply with all applicable laws, ordinances, rules, regulations and codes
			   relating to fire protection and safety.
(b)
Fire protection systems
			 required.
(1) All buildings containing
			 sleeping quarters for children must be protected by a fire detection system or
			 a sprinkler system installed throughout. Any wood frame building must have a
			 sprinkler system installed throughout.
(2) All buildings used by children, but not
			 containing sleeping quarters for them, must be protected throughout by a
			 sprinkler system, fire detection system or manually operated fire alarm
			 system.
(3) All areas of fire
			 hazard in all buildings used by children must be protected by a sprinkler
			 system. A fire detection system may be approved in lieu of a sprinkler system
			 for areas of fire hazard that are separated from other areas by having a fire
			 resistance rating of at least two hours.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.6 - Sleeping accommodations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Multiple rooms.
All sleeping rooms for the accomodation of more than one
			   child shall contain a minimum area of 60 square feet per child and a minimum
			   floor space of two feet between beds, except such sleeping rooms in use on
			   October 31, 1964 shall contain a minimum of 45 square feet per child and
			   minimum of two feet between beds.
(b)
Cribs.
At least 40 square feet of floor space shall be provided
			   for each crib in all sleeping rooms for children under two years of age.
(c)
Single rooms.
All single sleeping rooms shall contain not less than 80
			   square feet of floor area and shall have a minimum horizontal dimension of
			   seven feet, except such sleeping rooms in use on October 31, 1964.
(d)
Children of opposite
			 sex.
Children of opposite sex who are five years of age or
			   over shall not sleep in the same room.
(e) Each institution shall provide each child
			 with a bed suitably equipped and locker, dresser or other storage space for his
			 own private use, conveniently located in or near his sleeping room.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.7 - Bathing and toilet facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Number of bathrooms, toilets and lavatories.
Bathrooms, toilets and lavatories shall be convenient to
			   children's sleeping quarters. There shall be a minimum of one toilet to serve
			   every six children, one lavatory with running hot and cold water to serve every
			   four children, and one tub or shower to serve every eight children. This
			   section shall not apply to sleeping quarters for children in use by the
			   institution on October 31, 1964 and the bathrooms, toilets and lavatories for
			   the accommodation for the children therein.
(b)
Children's toilet articles.
Each child shall be provided with his own toothbrush,
			   comb, towel and washcloth. Each child's towel and washcloth shall be placed
			   within reach of the child, in a separate space for each child, and shall be
			   changed at least twice a week and more often when necessary.
(c)
Children of opposite sex.
Boys and girls five years of age and over shall have
			   separate bathrooms and toilets. Bath and toilet facilities for staff shall be
			   separate from those for children.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.8 - Dining facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Dining rooms in all institutions shall be adequate to
			   serve the children under care.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.9 - Living rooms

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Cottage type institutions.
Cottage type institutions shall provide an adequate
			   living room in each cottage for the free and informal use of the children
			   living therein.
(b)
Congregate type of institutions.
Congregate type of institutions shall provide adequate
			   living rooms for the free and informal use of the children under
			   care.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.10 - Recreation facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Adequacy.
Adequate recreation facilities shall be provided or made
			   available for the children under care of the institution.
(b)
Compliance with laws.
All State and local laws, ordinances, rules and
			   regulations pertaining to construction, operation and maintenance of swimming
			   pools and recreational facilities shall be observed.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.11 - Health facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Rooms for medical examinations.
A room or rooms shall be provided for medical
			   examinations, nurse's office, first aid and other treatment. The room or rooms
			   shall be adequately furnished and equipped to fulfill their function, and shall
			   be used for no other purpose.
(b)
Rooms for care of children with
			 minor illnesses.
Children with minor illnesses not requiring hospital care
			   shall be cared for in a room or rooms not occupied by children who are not
			   ill.
(c)
Hospital
			 facilities.
Institutions which operate hospital facilities in
			   addition to an institution for children shall comply with requirements with
			   respect to the hospital facilities.
(d)
Isolation facilities.
Facilities for the isolation of children with
			   communicable disease shall be equipped for the efficient care of such children
			   and maintained in a manner to prevent the spread of disease.
(e) First aid supplies, as recommended by
			 staff physician, shall be readily available.
(f) All drugs, medicines and instruments
			 shall be kept in a locked cabinet and a system of controls shall be maintained
			 under the supervision of a physician or nurse.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.12 - Kitchens

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Equipment.
All kitchens shall be well lighted, properly ventilated,
			   provided with essential and proper equipment for the preparation and serving of
			   food, storage, refrigeration and freezer facilities, for the number of persons
			   to be served.
(b)
Defective utensils.
Dishes, glassware and other utensils with chips, cracks
			   or other defects shall be discarded.
(c)
Protection from rodents and
			 insects.
Food and dishes shall be protected from rodents and
			   insects.
(d)
Cleanliness.
All kitchen equipment and surroundings shall be kept
			   clean.
(e)
Food
			 handlers.
Employees engaged in the handling and preparation of food
			   shall meet all State and local health requirements and shall wear proper and
			   clean apparel and give special attention to personal cleanliness.
(f)
Compliance with health
			 and safety regulations.
Each institution shall comply with the regulations
			   relating to kitchen operations for fire protection, safety, sanitation and
			   health, as set forth by the State, county and local health and fire
			   departments.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.13 - Food storage

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Storerooms and pantries.
Storerooms and pantries shall be dry, well lighted and
			   ventilated. All proper measures shall be taken to keep them free from vermin
			   and rodents.
(b)
Refrigeration of perishable foods.
In the refrigeration of all perishable foods, the
			   temperature shall be at or below 45 degrees Fahrenheit.
(c)
Freezers.
Freezers and frozen food compartments shall be maintained
			   at minus 10 to 0 degrees Fahrenheit.
(d)
Thermometers.
Thermometers shall be attached to all refrigerated areas
			   in the warmest zones.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.14 - Telephones

Current through Register Vol. 46, No. 28, July 10, 2024
Each cottage or separate living unit shall have 24-hour
			   telephone service or an intercom system connected with an outside telephone
			   service.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.15 - Accident prevention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 institution must be free from all conditions which constitute a hazard to the
			 life, health or safety of any person. The following are prohibited:
(1) portable electric space heaters or
			 self-contained fuel-burning space heaters;
(2) solid-fuel-burning, free-standing stoves,
			 except where approved in writing by the department;
(3) use of fuel-burning or electric "hot
			 plates";
(4) rubber tubing used as
			 connections for gas burners;
(5)
			 combustible or flammable containers for ashes;
(6) the accumulation of combustible or
			 flammable materials in any part of any building except in storerooms approved
			 by the department in writing for such purpose;
(7) non-secure areas used for bulk storage of
			 cleaning agents, bleaches, insecticides or any other poisonous, dangerous,
			 combustible or flammable materials;
(8) damaged equipment, furnishings or
			 physical plant, when their condition makes them unsafe for normal
			 use;
(9) broken plumbing or stopped
			 sewers that are not promptly repaired;
(10) exposed steam pipes, heating pipes and
			 radiators and unenclosed heating plants and equipment with which children may
			 come in contact;
(11) use of
			 materials containing asbestos in any construction, renovation or repair of any
			 building or part of a building used by children where such construction,
			 renovation or repair occurs on or after July 1, 1993;
(12) any furniture or toys containing
			 lead-based paint and the use of lead-based paint in any construction,
			 renovation or repair of any building or part of a building used by
			 children;
(13) any lead paint
			 hazard or paint condition conducive to lead poisoning, as such term is defined
			 in 10 NYCRR 67.1. Any building occupied by children six years of age or younger
			 must be inspected to determine if it presents such hazard. An institution must
			 request the local health department to perform such inspection and is
			 responsible for correcting any hazard called to its attention as a result of
			 such inspection. In the event that such request for inspection is rejected by
			 the local health department, the institution must notify the department
			 immediately;
(14) extension cords,
			 unless approved in writing by the department; and
(15) any other condition deemed hazardous by
			 the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.16 - Sanitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Compliance with State and local requirements.
Each institution shall comply with the requirements of
			   State and local departments of health.
(b)
Water supply and sewage
			 facilities.
Adequate and safe water supply and sewage facilities
			   shall be provided and shall comply with State and local laws.
(c)
Washing of food containers and
			 utensils.
Dishes, glassware, eating and cooking utensils, and food
			   containers (including those used in transporting food) shall be properly
			   washed, rinsed, disinfected and dried in a sanitary manner to conform to the
			   following standards:
(1) scraping to
			 remove food particles;
(2)
			 pre-rinsing and proper stacking;
(3) mechanical dish washing;
(i) washing in clear water maintained at 140
			 to 160 degrees Fahrenheit containing recommended amount of effective detergent
			 or washing compound;
(ii) rinsing
			 in water maintained at 180 degrees Fahrenheit;
(iii) drying by air;
(4) hand dish washing;
(i) washing in clear water maintained at 100
			 to 120 degrees Fahrenheit containing recommended amount of effective detergent
			 or washing compound;
(ii) rinsing
			 in clear, hot water;
(iii)
			 sanitizing by use of sanitizing agent recommended by the department of health
			 or immersing in water at temperature of 170 to 180 degrees
			 Fahrenheit;
(iv) drying by
			 air.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.17 - Parenting facilities; special provisions

Current through Register Vol. 46, No. 28, July 10, 2024
A facility for the care and maintenance of parenting
			   youth and child of a parenting youth unit as defined in subdivision (s) of
			   section 441.2  of this Title, shall be in
			   compliance all applicable laws, ordinances, rules, regulations and codes
			   relating to buildings fire protection and health and safety, and may be
			   operated in compliance with the following standards, in lieu of those provided
			   for in sections
			   442.6 and
			   442.7  of this Part or of any other
			   sections of this Part which are inconsistent with this section. All other
			   provisions of this Part shall otherwise be applicable to such facility, except
			   the requirements contained in paragraphs (1) and (2) of subdivision (b) of
			   section 442.4  of this Part.
(a)
Plant and equipment.
(1) Occupancy by parenting youth and child of
			 a parenting youth units shall not be permitted above the second floor of a
			 building of wood frame construction, nor above the third floor in a building
			 constructed of masonry exterior walls with wood frame floors.
(2) All buildings shall have smoke detectors
			 and carbon monoxide detectors as defined in section
			 441.2  of this Title installed in
			 compliance with all applicable laws, ordinances, rules, regulations and codes
			 relating to buildings, fire protection and health and safety.
(3) Buildings partially constructed of wood
			 exceeding three stories in height shall be sprinklered throughout.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.18 - Personnel; voluntary authorized agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
Each institution shall provide the staff and services
			   necessary to assure the health and safety and the proper care and treatment of
			   the children under its supervision. Job functions must be performed by persons
			   who meet the qualifications specified. Other administrative structures may
			   exist which provide for alternate staff positions and functions subject to
			   approval by the State Department of Social Services.
(b)
Qualifications and
			 functions.
(1) Director of
			 institution:
(i) shall be a college graduate,
			 with appropriate training and experience in the care or education of
			 children;
(ii) shall be responsible
			 for the general management and administration of the institution in accordance
			 with the rules of the State Department of Social Services and all other
			 applicable requirements of law and of the policies of the governing
			 board.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.19 - Child care services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Daily log.
A daily log shall be maintained by staff caring for
			   children, which shall include medical information, disciplinary events,
			   noteworthy impressions and other significant data.
(b)
Dining arrangements.
(1) Child care staff shall be present at meal
			 time with the children in their care and encourage healthy attitudes toward
			 food and good table manners.
(2)
			 Dining arrangements shall be primarily governed by the age level and physical
			 development of the children served.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.20 - Recreation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There
			 shall be provision for leisure activities and planned recreation.
(b) Recreation programs shall include sports
			 and cultural activities.
(c)
(1) One designated staff member who has
			 currently authorized Water Safety Instructor's certificate from the American
			 Red Cross, or from an equivalent certifying organization, shall be responsible
			 for the general operation of a swimming pool or bathing beach operated by the
			 institution.
(2) Children
			 participating in swimming pool or bathing beach activities shall at all times
			 be supervised by at least one individual who has a currently authorized
			 certificate of advanced lifesaving or of Water Safety Instructor from the
			 American Red Cross or its equivalent from another certifying
			 organization.
(3) Additional safety
			 precautions shall be taken for children with special problems.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.21 - Health and medical services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 institution must provide or arrange for appropriate medical and nursing care
			 for children in foster care in accordance with this section and section
			 441.22 
			 of this Title.
(b) All medical and
			 nursing care shall be provided by persons having the qualifications set forth
			 in this Part.
(c) Each institution
			 shall comply with the provisions of article 25 of the Public Health Law
			 relating to institutions for children.
(d) Each institution shall provide for the
			 proper isolation of children with communicable or infectious
			 diseases.
(e) An institution
			 serving parenting youth and a child of parenting youth unit as defined in
			 subdivision (s) of section
			 427.2  of this Title shall have on
			 its staff, or otherwise make provision for the services of, a
			 pediatrician.
(f) Each institution
			 serving 50 or more children shall employ a nurse.
(g) Each child will be provided, when
			 necessary, with eyeglasses, hearing aids, and prosthetic or other adaptive
			 devices.
(h) Written procedures
			 concerning the actions to be taken in a medical emergency will be made known to
			 staff and volunteers of an institution.
(i)
(1) The
			 agency must always have on duty at least one person at each site operated by an
			 institution for each shift who is certified by the American Red Cross as
			 trained in first aid and cardiopulmonary resuscitation, including infant
			 cardiopulmonary resuscitation if the program is providing care to a parenting
			 youth and child of a parenting youth unit as defined in subdivision (s) of
			 section 427.2  of this Title. All child
			 care staff whose duties are predominantly recreational in nature must be
			 certified by the American Red Cross as trained in first aid.
(2) All nursing staff employed by an
			 institution must be certified by the American Red Cross as trained in first aid
			 and cardiopulmonary resuscitation techniques, including infant cardiopulmonary
			 resuscitation if the program is providing care to a parenting youth and a child
			 of a parenting youth unit as defined in subdivision (s) of section
			 427.2  of this
			 Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.22 - Nutrition services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 institution shall serve food of good quality and of sufficient quantity,
			 appropriate for the physical needs and medical conditions of the children in
			 care, providing suitable and sufficient nutrients and calories for each child
			 based upon current recommended dietary allowances of the Food and Nutrition
			 Board of the National Academy of Sciences, National Research Council.
			 Therapeutic diets shall be provided as may be prescribed by a
			 physician.
(b) Each institution
			 shall:
(1) select food and drink and prepare
			 menus with regard for cultural and religious background and food habits of the
			 children in care;
(2) have written
			 and dated menus, planned in advance for both general and therapeutic diets,
			 noting deviations as served and retained on file for one year after date of
			 use;
(3) post current menus in the
			 food preparation area;
(4) prepare
			 and serve food and drink at proper temperatures in form and manner to encourage
			 its consumption and to conserve nutrients, flavor and appearance;
(5) care for, prepare and serve food and
			 drink in a manner to prevent the introduction of deleterious substances or
			 disease-causing organisms;
(6)
			 ensure that meals are eaten in an upright position, unless medically
			 contraindicated; the reason why meals cannot be eaten in an upright position
			 must be documented in the child's case record; and
(7) serve only milk and milk products which
			 are pasteurized.