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 1 - Provision of Social Services-general › Part 406 - Recording and Reporting Requirements for Social Services Programs › Section 406.4 - Child care review service

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 The child care review service reporting requirements are as follows:
(1) To assist in providing and monitoring the
			 foster care of children, adoptive services to children, preventive services to
			 children and families, and protective services to children and families as a
			 result of an indicated report of child abuse and maltreatment, a statewide
			 management assistance system is established, to be called the State child care
			 review service.
(2) As used in this
			 section,
foster care
shall mean care provided to children away
			 from their own homes on a full-time basis, whether temporarily or for a
			 prolonged period, in a foster family free or boarding home, group home, agency
			 boarding home, child care institution or any combination thereof. Included are
			 children placed in care outside of New York State.
(3) Social services districts and authorized
			 voluntary agencies shall submit to the department, or to any person, firm,
			 organization or association under contract to the department for the design,
			 implementation or operation of any part of the child care review service, all
			 information that is appropriate to the purposes and operation of the service,
			 including updating information in the form and manner and at such times as the
			 department may require.
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 1 - Provision of Social Services-general › Part 407 - Consolidated Services Plan › Section 407.1 - General statement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
			 references to the Comprehensive Annual Social Services Plan in this Title are
			 deemed to be references to the Consolidated Services Plan.
(b) Each social services district must
			 prepare and submit to the department a multi-year Consolidated Services Plan,
			 hereinafter referred to as the "plan," setting forth its plan for four years of
			 service for adults and for family and children's services.
(c) Commencing with the year following
			 initial preparation of the plan and for each succeeding year of the plan, local
			 social services district must prepare and submit to the department for
			 approval, in a format and at a time specified by the department, an annual
			 implementation report.
(d) A common
			 planning process will be implemented integrating the separate plans required
			 for family and children's services, protective services for adults, child
			 protective services and title XX services into the plan. The plan requirements
			 supersede the following:
(1) Family and
			 Children's Services Plan as specified in Part 429 of this Subchapter;
(2) Protective Services for Adults Plan as
			 specified in section
			 457.8 
			 of this Subchapter; and
(3) Child
			 Protective Services Plan as specified in subdivision (e) of section
			 432.2 
			 of this Subchapter; and
(4)
			 Comprehensive Annual Social Services Program Plan as specified in Part 401 of
			 this Subchapter.
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 1 - Provision of Social Services-general › Part 407 - Consolidated Services Plan › Section 407.2 - Services program year

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The plan
			 becomes effective on the date so designated by the commissioner once the plan
			 is approved by the commissioner, and remains in effect until such time as the
			 commissioner approves a plan for the next three-year period.
(b) Any plan submitted to the department must
			 be modified by the approved annual implementation report. Amendments to the
			 plan may be made in accordance with section
			 407.10  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 1 - Provision of Social Services-general › Part 407 - Consolidated Services Plan › Section 407.3 - Submission of the plan and annual implementation reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In accordance with a schedule to be
			 determined by the commissioner, each social services district must develop and
			 submit a plan and annual implementation reports in such format as prescribed by
			 the department.
(b) Once the plan
			 or annual implementation report is submitted to the department, the district
			 must make it available to the public upon request.
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 1 - Provision of Social Services-general › Part 407 - Consolidated Services Plan › Section 407.4 - Services

Current through Register Vol. 46, No. 28, July 10, 2024
The plan must provide information on services provided
			   directly or purchased by the social services district which include but are not
			   limited to:
(a) foster care for
			 children;
(b) residential placement
			 services for adults;
(c) preventive
			 services for children;
(d)
			 preventive services for adults;
(e)
			 child protective services;
(f)
			 protective services for adults;
(g)
			 adoption services;
(h) employment
			 services;
(i) housing improvement
			 services;
(j) day care;
(k) domestic violence services;
(l) unmarried parent services;
(m) family planning services;
(n) health-related services;
(o) home management services;
(p) homemaker services;
(q) housekeeper/chore services;
(r) educational services;
(s) social group services to senior
			 citizens;
(t) transportation;
			 and
(u) information and referral.
The district may include information on other services at
			   its discretion.
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 1 - Provision of Social Services-general › Part 407 - Consolidated Services Plan › Section 407.5 - Content of the plan

Current through Register Vol. 46, No. 28, July 10, 2024
Each plan must contain the following components:
(a) Needs assessment.
(1) For the services specified in section
			 407.4  of this
			 Part, the needs of families, children and adults for whom the social services
			 district is or may be responsible must be assessed.
(2) The assessment must be based on but not
			 limited to:
(i) previous years' needs
			 assessments;
(ii) previous years'
			 success or failure to achieve State objectives as specified in a department
			 release;
(iii) manner of current
			 service delivery;
(iv) statistical
			 measure of the number of persons requiring services and care;
(v) characteristics of persons currently
			 receiving service and care;
(vi)
			 data obtained through the district's public participation process as required
			 in subdivision (g) of this section; and
(vii) indicators of general social and
			 economic conditions in the district.
(3) The needs assessment must include a
			 numerical estimate of families, children and adults requiring each service
			 listed in section
			 407.4  of this
			 Part.
(4) Each social services
			 district must provide a narrative description of how the numerical estimates
			 were derived.
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 1 - Provision of Social Services-general › Part 407 - Consolidated Services Plan › Section 407.6 - Annual implementation report

Current through Register Vol. 46, No. 28, July 10, 2024
According to a schedule to be determined by the
			   commissioner, each social services district must submit an annual
			   implementation report of the plan to the department. The report must include
			   but not be limited to:
(a) a chart
			 describing the organizational structure and staffing of the district as
			 required in section
			 407.5(b) 
			 of this Part, if there have been any changes since the submittal of the
			 plan;
(b) goals, objectives and
			 activities as described in section
			 407.5(c) 
			 of this Part, including:
(1) objectives and
			 activities for child protective services, foster care, adoption, child
			 preventive services, protective services for adults and two other
			 services;
(2) activities for those
			 program procedures/functions which are required by Federal or State law or
			 regulation for which the district has stated in the plan it is not in
			 compliance and continues to be in noncompliance;
(3) activities addressing at least two of the
			 program information items noted as not current practice in the plan and which
			 continue to be not current practice;
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 1 - Provision of Social Services-general › Part 407 - Consolidated Services Plan › Section 407.7 - Criteria for approval of plan and annual implementation reports

Current through Register Vol. 46, No. 28, July 10, 2024
The plan and the annual implementation reports must be
			   approved or disapproved by the commissioner of the State Department of Social
			   Services. The criteria for approval are that the plan or report:
(a) complies with requirements of the
			 planning process, including but not limited to those concerning public
			 participation and submission dates;
(b) contains all required information
			 including all required charts; and for the annual implementation reports, the
			 signature of the chief executive officer or the chairperson of the legislative
			 body in those districts without a chief executive officer;
(c) is internally consistent so that
			 objectives and activities and projected expenditures are clearly related to
			 district needs, and client and expenditure estimates are consistent with
			 objectives and activities; and
(d)
			 addresses those issues identified by the department pursuant to sections
			 407.5(c)(5)
			 and
			 407.6(c) 
			 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 1 - Provision of Social Services-general › Part 407 - Consolidated Services Plan › Section 407.8 - Procedures for review and approval of the plan and annual implementation reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
			 receipt of the plan or the annual implementation report, the department has 45
			 days to transmit a letter to the local commissioner which indicates approval or
			 disapproval of all or certain components of the plan or annual implementation
			 report. A letter of disapproval must indicate the criteria set forth in section
			 407.7 
			 of this Part which the plan or annual implementation report did not meet, and
			 the action necessary to qualify for approval. The letter must also notify the
			 district that it must submit a revised plan or annual implementation report or
			 parts thereof within 30 days of receipt of a notice of disapproval of the whole
			 or part of the plan or annual implementation report.
(b) Within 30 days of receipt of a notice of
			 disapproval, the district must submit to the department a revised plan or
			 annual implementation report or parts thereof.
(c) The department shall approve or
			 disapprove the initial revision of the disapproved plan or annual
			 implementation report within 15 days of receipt of such initial
			 revision.
(d) The commissioner may
			 grant extensions of time for resubmittal of plans or annual implementation
			 reports, or permit additional revisions and resubmittals.
(e) No portion of the plan or annual
			 implementation report can be finally disapproved until the district has had at
			 least one opportunity to resubmit the plan or report.
(f) State reimbursement may be withheld for
			 all or any portion of a district's activities if the plan, the annual
			 implementation report or portions of either are disapproved.
(g) Any social services district aggrieved by
			 a final disapproval of a plan or annual implementation report is entitled to a
			 hearing in accordance with the applicable provisions of the Social Services Law
			 and this Title. In the event of an adverse hearing decision, a social services
			 district is entitled to judicial review pursuant to article 78 of the Civil
			 Practice Law and Rules. The withholding of reimbursement for expenditures
			 incurred pursuant to disapproved portions of a district's plan or annual
			 implementation report begins on the date of the final disapproval or a later
			 date set by the department, and continues until the date on which the
			 corrective action by the district is completed.
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 1 - Provision of Social Services-general › Part 407 - Consolidated Services Plan › Section 407.9 - Monitoring of the plan and annual implementation reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On an ongoing basis, the department shall
			 monitor and review local plan implementation, and where it finds substantive
			 noncompliance with the plan, the department may withhold reimbursement for
			 claims submitted for services that are not in compliance with the plan. Such
			 monitoring must focus on: achievement of activities and objectives as defined
			 in the plan and annual implementation reports of each social services district,
			 and compliance with applicable laws and regulations. Written monitoring reports
			 shall be prepared by the department on a regular basis.
(b) Any social services district aggrieved by
			 a determination of the department to withhold reimbursement pursuant to this
			 section is entitled to a hearing in accordance with the provisions of section
			 407.8(g) 
			 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 1 - Provision of Social Services-general › Part 407 - Consolidated Services Plan › Section 407.10 - Amendments to the plan

Current through Register Vol. 46, No. 28, July 10, 2024
A social services district may propose amendments to the
			   plan at any time. If a reduction in services, a change in eligibility, or a
			   change in fees is proposed, the amendment must be published for public comment
			   and be presented to the local advisory council for review, prior to submission
			   to the department. If an amendment is approved by the department, it becomes
			   effective on the date so designated by the commissioner.
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 1 - Provision of Social Services-general › Part 407 - Consolidated Services Plan › Section 407.11 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of
			 a written request from a social services district, the department may issue a
			 written waiver of any provision of this Part. Any request for a waiver must
			 include:
(1) the specific regulation(s) for
			 which a waiver is sought;
(2) a
			 statement indicating how granting the waiver will enhance or simplify the
			 planning process;
(3) a proposal
			 describing, to the satisfaction of the department, what the social services
			 district intends to do to achieve or maintain the intended purpose of the
			 regulation(s) if a waiver is granted; and
(4) any other information the department may
			 deem necessary to determine whether a waiver should be granted.
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 1 - Provision of Social Services-general › Part 408 - Standards for Establishing Per Diem Rates and Social Services District Payment Responsibility for Residential Programs for Victims of Domestic Violence › Section 408.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part apply to per diem rates
			   payable by social services districts to residential programs for victims of
			   domestic violence, as defined in Parts 452-455 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 1 - Provision of Social Services-general › Part 408 - Standards for Establishing Per Diem Rates and Social Services District Payment Responsibility for Residential Programs for Victims of Domestic Violence › Section 408.3 - Availability of a residential program for victims of domestic violence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A social
			 services district must offer and provide temporary shelter and emergency
			 services and care at a residential program, to the extent such programs are
			 available, to victims of domestic violence deemed eligible pursuant to sections
			 408.4 and
			 408.5  of
			 this Part.
(b) A residential
			 program for victims of domestic violence is available under the following
			 circumstances:
(1) when a victim of domestic
			 violence goes directly to any residential program located within the State,
			 regardless of whether there is a contract between the social services district
			 and the residential program pursuant to section
			 408.8  of
			 this Part;
(2) when a victim of
			 domestic violence goes to any residential program located within the State by
			 transportation arranged or provided by the residential program, regardless of
			 whether there is a contract between the social services district and the
			 residential program; or
(3) when a
			 victim of domestic violence goes directly to a social services district seeking
			 temporary shelter; and:
(i) there is a
			 residential program within that social services district which has a bed or
			 beds available; or
(ii) there is a
			 residential program in a contiguous social services district which has a bed or
			 beds available; or
(iii) when there
			 is no residential program for victims of domestic violence in a contiguous
			 social services district, a social services district must consider as available
			 the residential program located closest to that district; or
(iv) when there is a residential program for
			 victims of domestic violence available within the social services district in
			 which the victim was residing at the time of the domestic violence incident and
			 in a contiguous social services district, the victim may seek temporary shelter
			 at the residential program located within the district or in the contiguous
			 district.
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 1 - Provision of Social Services-general › Part 408 - Standards for Establishing Per Diem Rates and Social Services District Payment Responsibility for Residential Programs for Victims of Domestic Violence › Section 408.4 - Program eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 General requirements.
(1) Persons will be
			 eligible for admission to a residential program for victims of domestic
			 violence when:
(i) such person is seeking
			 temporary shelter; and
(ii) such
			 person is a victim of domestic violence.
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 1 - Provision of Social Services-general › Part 408 - Standards for Establishing Per Diem Rates and Social Services District Payment Responsibility for Residential Programs for Victims of Domestic Violence › Section 408.5 - Social services district payment responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General requirements.
(1) The social services district in which a
			 victim of domestic violence was residing at the time of the domestic violence
			 incident is financially responsible for making payments to a residential
			 program for victims of domestic violence for the costs of temporary shelter,
			 emergency services and care provided to such victim and any minor child of such
			 victim whether or not the victim is financially eligible for public assistance
			 and care.
(2) A victim of domestic
			 violence shall be provided written information explaining their right to apply
			 for public assistance and care and relevant information to make an informed
			 decision whether to apply for such assistance. This information must include,
			 but is not limited to: understanding what personally identifying information is
			 required, how that information will be used, and what benefits and services are
			 available through public assistance and care.
(3) A social services district cannot require
			 that a victim of domestic violence apply for public assistance and care in
			 order to receive domestic violence services.
(4) The social services district in which the
			 victim of domestic violence was residing at the time of the domestic violence
			 incident is responsible for determining the victim's financial eligibility for
			 public assistance and care, if the victim chooses to apply for public
			 assistance and care, pursuant to subdivision (b) of this section or otherwise
			 providing payment for the costs of emergency shelter and services provided to a
			 victim of domestic violence at the daily reimbursement rate determined by the
			 Office of Children and Family Services pursuant to section 131-u  of the Social Services Law reduced
			 by the sum of any other reimbursement available for such costs.
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 1 - Provision of Social Services-general › Part 409 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 409.1

Current through Register Vol. 46, No. 28, July 10, 2024
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 1 - Provision of Social Services-general › Part 409 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 409.2

Current through Register Vol. 46, No. 28, July 10, 2024
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 1 - Provision of Social Services-general › Part 409 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 409.3

Current through Register Vol. 46, No. 28, July 10, 2024
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 1 - Provision of Social Services-general › Part 409 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 409.4

Current through Register Vol. 46, No. 28, July 10, 2024
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 1 - Provision of Social Services-general › Part 409 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 409.5

Current through Register Vol. 46, No. 28, July 10, 2024
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 1 - Provision of Social Services-general › Part 409 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 409.6

Current through Register Vol. 46, No. 28, July 10, 2024
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 1 - Provision of Social Services-general › Part 409 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 409.7

Current through Register Vol. 46, No. 28, July 10, 2024
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 1 - Provision of Social Services-general › Part 409 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 409.8

Current through Register Vol. 46, No. 28, July 10, 2024
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 2 - Family and Children's Services › Part 413 - Child Day Care Definitions, Enforcement and Hearings › Section 413.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The definitions of this Part apply to all references to
			   day care programs included in this Title. The provisions in this Part governing
			   enforcement and hearings apply to all child day care programs addressed in
			   Parts 414, 416, 417 and 418 of this Title. The provisions in this Part apply to
			   all child care children, typically developing and otherwise.
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 2 - Family and Children's Services › Part 413 - Child Day Care Definitions, Enforcement and Hearings › Section 413.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
Child day care
means
			 care for a child on a regular basis provided away from the child's residence
			 for less than 24 hours per day by someone other than the parent, step-parent,
			 guardian or relative within the third degree of consanguinity of the parents or
			 step-parents of such child. A relative within the third degree of consanguinity
			 of the parent or step-parent includes: the grandparents of the child; the
			 great-grandparents of the child; the great-great-grandparents of the child; the
			 aunts and uncles of the child, including the spouses of the aunts and uncles;
			 the great-aunts and great-uncles of the child, including the spouses of the
			 great-aunts and great-uncles; the siblings of the child; and the first cousins
			 of the child, including the spouses of the first cousins.
(2) Child day care does not refer to care
			 provided in:
(i) a summer day camp, traveling
			 summer day camp or children's overnight camp as defined in the State Sanitary
			 Code;
(ii) a program for school-age
			 children operated solely for the purpose of religious education, sports,
			 classes, lessons or recreation;
(iii) a facility providing day services under
			 an operating certificate issued by the office;
(iv) a facility providing day treatment under
			 an operating certificate issued by the Office of Mental Health or by the Office
			 for People with Developmental Disabilities; or
(v) a kindergarten, pre-kindergarten or
			 nursery school for children three years of age or older, or a program for
			 school-age children conducted during non-school hours, operated by a public
			 school district or by a private school or academy which is providing elementary
			 or secondary education or both in accordance with the compulsory education
			 requirements of the Education Law, provided that such kindergarten,
			 prekindergarten, nursery school or program is located on the premises or campus
			 where the elementary or secondary education is provided. Provided, however, a
			 kindergarten or a pre-kindergarten operated by a public school district shall
			 not be considered a child day care if the kindergarten or pre-kindergarten is
			 not located on the premises or campus where the elementary or secondary
			 education is provided.
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 2 - Family and Children's Services › Part 413 - Child Day Care Definitions, Enforcement and Hearings › Section 413.3 - Enforcement of regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Types of enforcement actions.
Enforcement actions which may be undertaken by the office
			   include, but are not limited to:
(1)
			 issuance of written inspection reports which include corrective action plans,
			 requests to submit a corrective action plan to the office, and notices of
			 intention to initiate enforcement through the imposition of a fine or the
			 limitation, suspension, termination, revocation, or denial of a license or
			 registration;
(2) meetings or
			 telephone conversations between a program and the office to discuss corrective
			 action plans;
(3) the holding of
			 hearings to determine if a licensee or registrant has failed to comply with
			 applicable law and regulation which resulted in the assessment of fines,
			 suspension, limitation, revocation, or denial of the license or
			 registration;
(4) determinations,
			 after hearings, that civil penalties should be imposed;
(5) determinations to deny, reject, revoke,
			 terminate, suspend or limit a license or registration;
(6) issuance of orders to cease and desist
			 operation of day care services, commissioner's orders, or orders approved by a
			 justice of the Supreme Court, requiring a person or entity to immediately
			 remedy conditions dangerous to children receiving child day care;
(7) temporary suspension or limitation of a
			 license or registration upon finding that the public health or child's safety
			 or welfare are in imminent danger;
(8) requests to the Attorney General to seek
			 injunctive relief against licensee or registrant for violations or threatened
			 violations of law or regulation;
(9) requests to the Attorney General to take
			 such action as is necessary to collect civil penalties, seek criminal
			 prosecution, or to bring about compliance with any outstanding hearing decision
			 or order;
(10) publication in local
			 newspapers of the names and addresses of child day care licensees or
			 registrants whose licenses, registrations or applications for licensure or
			 registration have been rejected, denied, limited, suspended, terminated or
			 revoked, or against whom a fine has been assessed after an administrative
			 hearing;
(11) referrals to law
			 enforcement, including but not limited to district attorneys of any child day
			 care provider that has been directed to cease and desist operations by the
			 office pursuant to existing law that has not ceased operations; or
(12) requests to the district attorney to
			 take such action as is necessary to seek criminal prosecution.
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 2 - Family and Children's Services › Part 413 - Child Day Care Definitions, Enforcement and Hearings › Section 413.4 - Criminal history review and background clearances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following criminal history review and
			 background clearances shall be conducted pursuant to and consistent with the
			 Child Care and Development Block Grant Act for any prospective operator,
			 director, employee or volunteer at a child day care center, small day care
			 center, school-age child care program, group family day care home or family day
			 care home, as defined in section
			 413.2  of
			 this Part, and any person age 18 or older living in a prospective, or who
			 begins to live, in a group family day care home or family day care home:
(1) a criminal history record check with the
			 New York State Division of Criminal Justice Services;
(2) a national criminal record check with the
			 Federal Bureau of Investigation;
(3) a search of the New York State Sex
			 Offender Registry; and
(4) a
			 database check of the Statewide Central Register of Child Abuse and
			 Maltreatment in accordance with section 424-a  of the Social Services
			 Law.
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 2 - Family and Children's Services › Part 413 - Child Day Care Definitions, Enforcement and Hearings › Section 413.5 - Enforcement hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before
			 any child care license or registration is suspended or revoked, or when an
			 application for such license or registration is denied, or before civil
			 penalties can be imposed the applicant, licensee or registrant for such
			 registration or license is entitled to a hearing before the office, pursuant to
			 Social Services Law section 22 and these regulations. However, a license or
			 registration shall be temporarily suspended or limited without a hearing upon
			 written notice to the licensee or registrant following a finding that the
			 public health, or an individual's safety or welfare, are in imminent danger
			 based on a finding, in accordance with the regulations of the office, that:
(1) serious physical injury or death of a
			 child has occurred;
(2) a condition
			 occurred or exists that places a child at risk of serious physical, mental or
			 emotional harm, or risk of death, serious or protracted disfigurement or
			 protracted impairment of physical or emotional health which may include, but
			 not be limited to:
(i) inadequate
			 supervision;
(ii)
			 overcapacity;
(iii) inappropriate
			 staff-to-child ratios;
(iv)
			 corporal punishment of a child;
(v)
			 failure to obtain appropriate medical treatment for a child, which may include
			 the failure to call 911;
(vi)
			 blocked exits or means of egress; or
(vii) failure to maintain adequate
			 sanitation, heating, cooling or ventilation conditions within the program;
			 or
(3) the program has
			 prevented the office from effectively assessing whether the public health, or
			 an individual's safety or welfare, are in imminent danger as a result of a
			 condition that occurred or exists in the program, by taking actions, which may
			 include, but not be limited to:
(i) refusal
			 to provide inspection staff with access to the child day care program, premise
			 or children, as is otherwise required or authorized by law during the program's
			 hours of operation; or
(ii) use of
			 force or verbal or written threats of force made against inspection staff or
			 staff of the office.
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 2 - Family and Children's Services › Part 413 - Child Day Care Definitions, Enforcement and Hearings › Section 413.6 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written
			 waiver of one or more non-statutory requirements of this Part or of Part 414,
			 416, 417 or 418 may be issued by the office to an applicant or a licensee or
			 registrant at the time of application or subsequent to the issuance of a
			 license or registration. Licensees or registrants must operate in full
			 compliance with the regulations at all times prior to the issuance of a written
			 waiver.
(b) An applicant or
			 licensee or registrant must submit to the office a written request for a waiver
			 on forms provided by the office, or approved equivalents. This written
			 application must include:
(1) the specific
			 regulation for which a waiver is sought;
(2) the reason the waiver is necessary;
			 and
(3) a description of what will
			 be done to achieve or maintain the intended purpose of the regulation and to
			 protect the health, safety and well-being of 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 2 - Family and Children's Services › Part 414 - School-age Child Care › Section 414.1 - Definitions, enforcement and hearings

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Part 413 of this Title apply to 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 2 - Family and Children's Services › Part 414 - School-age Child Care › Section 414.3 - Building and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 applicant must submit to the office a diagram of the proposed school-age child
			 care program at the time of application for registration.
(1) The diagram must be labeled with the
			 planned occupancy or use of all areas of the building and all outside areas to
			 be used or occupied by the school-age child care program. The diagram must
			 show: room dimensions; the age group(s) using each room; the size of the
			 group(s) using each room; kitchens and bathrooms for children and staff; exits;
			 alternate means of egress; plumbing fixtures such as toilets, sinks and
			 drinking fountains; and the outdoor play area showing its relationship to the
			 building.
(2) Whenever change(s),
			 addition(s) or expansion(s) are proposed which will affect, or reasonably may
			 be expected to affect, those portions of the building designated for the care
			 of children or for their egress in case of an emergency, the program must
			 receive written approval from the office prior to initiating such change(s),
			 addition(s), or expansion(s).
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 2 - Family and Children's Services › Part 414 - School-age Child Care › Section 414.4 - Fire protection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Suitable precautions must be taken to eliminate all conditions which may
			 contribute to or create a fire hazard.
(b)
Evacuation drills.
(1) Evacuation drills must be conducted at
			 least monthly during various hours of operation of the school age child care
			 program.
(2) When conducting
			 evacuation drills the exit route must be varied to ensure that all approved
			 means of egress are practiced.
(3)
			 When morning and afternoon shifts of care are provided, such drills must be
			 conducted monthly during each shift of care.
(4) The program must maintain on file a
			 record of each evacuation drill conducted, using forms furnished by the office
			 or approved equivalents.
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 2 - Family and Children's Services › Part 414 - School-age Child Care › Section 414.5 - Safety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Suitable
			 precautions must be taken to eliminate all conditions in areas accessible to
			 children which pose a safety hazard.
(1) The
			 program must take suitable precautions to prevent the following:
(i) serious injury of a child while in care
			 at the program or being transported by the program;
(ii) death of a child while in care at the
			 program or being transported by the program.
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 2 - Family and Children's Services › Part 414 - School-age Child Care › Section 414.7 - Program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
			 written daily schedule of program activities and routines is required.
(1) The program must establish and implement
			 a written daily schedule of an organized, informal and nonscholastic program
			 activities appropriate to the age, needs and interests of the children,
			 including children with disabilities. There must be physical activity,
			 appropriate to the ages of the children in care, every day.
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 2 - Family and Children's Services › Part 414 - School-age Child Care › Section 414.8 - Supervision of children

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Children cannot be left without competent direct supervision at any time.
			 Competent supervision includes awareness of and responsibility for the ongoing
			 activity of each child. It requires that all children be within a teacher's
			 range of vision and that the teacher be near enough to respond when redirection
			 or intervention strategies are needed. Competent supervision must take into
			 account the child's age emotional, physical, and cognitive
			 development.
(b) School-age child
			 care programs must employ staff who will promote the physical, intellectual,
			 social, cultural and emotional well-being of the children.
(c) The school-age child care program must
			 provide supervision of the staff responsible for the care of children.
			 Workloads and assignments must be arranged to provide consistency of care to
			 children and to allow staff to fulfill their respective
			 responsibilities.
(d) No person
			 under 18 years of age may be left alone to supervise a group of children at any
			 time, including in an emergency.
(e) A group teacher, meeting the
			 qualifications of section
			 414.13  of
			 this Part, is required for every group of children.
(f) An additional group teacher or an
			 assistant teacher is required when the number of children in the group dictate
			 that a second teacher be present to meet the teacher/child ratio.
(g) Whenever the school-age child care
			 program is in operation and the director is away from the premises, there must
			 be a staff person to act on behalf of the director, who is knowledgeable about
			 the programs operation and policies.
(h) A staff person who is qualified to
			 perform the duties of an absent staff member must be provided when needed to
			 comply with the applicable teacher/child ratios.
(i) In other than emergency situations such
			 as illness or accident, parents must be notified in writing two weeks prior to
			 any long-term absence of the teachers. This notice must include specific start
			 and end dates of the absence and who will be taking the teacher's place in the
			 day care program.
(j) When a
			 school-age child care program is in operation, an adequate number of qualified
			 staff must be on duty to protect the health and safety of the children in care.
Minimum Supervision Ratios Based
					 on Group Size
Age of children
Teacher/child maximum
					 ratio
Maximum
group size
through 9 years
1:10
20
10-12 years
1:15
30
(k) The supervision ratios are as follows:
(1) for a child of school-age through the age
			 of nine years old:
(i) there must be one
			 teacher for every 10 children;
(ii)
			 the maximum group size is 20 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 2 - Family and Children's Services › Part 414 - School-age Child Care › Section 414.10 - Child abuse and maltreatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Any abuse or maltreatment of a child is prohibited. A school-age child care
			 program must prohibit and may not tolerate or in any manner condone an act of
			 abuse or maltreatment by a staff, volunteer or any other person. An
abused child
or
maltreated child
means a
			 child defined as an abused child or maltreated child pursuant to section 412  of the Social Services Law.
(b) Screening requirements for school-age
			 child care programs registered with the office are as follows:
(1) Statewide Central Register of Child Abuse
			 and Maltreatment and Justice Center for the Protection of Persons with Special
			 Needs.
(i) School-age child care programs
			 must submit to the office the information necessary to inquire of the Statewide
			 Central Register of Child Abuse and Maltreatment whether any prospective
			 operator, director, employee or volunteer is the subject of an indicated report
			 of child abuse or maltreatment on file with the Statewide Central Register of
			 Child Abuse and Maltreatment. In accordance with a schedule developed by the
			 office, the office must inquire whether any existing operator, director,
			 employee or volunteer is the subject of an indicated report of child abuse or
			 maltreatment on file with the Statewide Central Register of Child Abuse and
			 Maltreatment.
(ii) School-age child
			 care programs must submit to the office the information necessary to check the
			 register of substantiated category one cases of abuse or neglect maintained by
			 the Justice Center for the Protection of Persons with Special Needs per section 495  of the Social Services Law before
			 determining whether to hire or otherwise allow any person as a prospective
			 operator, director, employee, or volunteer.
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 2 - Family and Children's Services › Part 414 - School-age Child Care › Section 414.11 - Health and infection control

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Child enrollment
			 requirements.
(1) The program must
			 obtain an individual health plan for any child identified as a child with
			 special health care needs, prior to the child being in attendance at the
			 program.
(i) A child's individual health care
			 plan must provide all information needed to safely care for the
			 child.
(ii) A child's individual
			 health care plan must be developed with the child's parent and health care
			 provider.