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 433 - Abuse, Neglect and Significant Incidents Involving Vulnerable Persons › Section 433.5 - Investigations and reports

Current through Register Vol. 46, No. 28, July 10, 2024
The Justice Center may refer reports of abuse, neglect
			   and significant incidents to be investigated by the Office of Children and
			   Family Services which may delegate the responsibility of the investigation to
			   the facility or provider agency in which the reported incident is alleged to
			   have occurred. All facilities or provider agencies must conduct any
			   investigations delegated to them by the Office of Children and Family Services
			   or the Justice Center as prescribed by all applicable rules, regulations,
			   guidance and policies of the Justice Center and the Office of Children and
			   Family Services. The investigatory entity shall provide the notice of
			   initiation of investigation in accordance with guidance provided by the Office
			   of Children and Family Services or the Justice Center. The notice of the
			   determination of the investigation shall be issued by the Justice
			   Center.
(a) Abuse and/or neglect
			 investigation findings shall be reported to the Justice Center within 50 days
			 from the date of the Justice Center accepting a report of an allegation of
			 abuse or neglect. Exceptions to the completion of an investigation within 50
			 days are permitted only with documented good cause, submission of all
			 investigatory information to the Justice Center, and at the approval of the
			 Justice Center.
(b) A facility or
			 provider agency shall commence an immediate and thorough review of an alleged
			 report of a significant incident upon receipt of notice from the Office of
			 Children and Family Services that such report has been accepted by the
			 Vulnerable Persons' Central Register.
(c) Appropriate precautions should be made to
			 secure the safety and health of all service recipients if the allegations in a
			 reportable incident warrant such measure or if the allegations are of such a
			 nature law enforcement should be notified.
(d) Upon notification that a report of abuse,
			 neglect and/or a significant incident has been made to the Justice Center with
			 respect to a vulnerable person, the director of the facility or provider agency
			 or his or her designee shall evaluate the situation and immediately take
			 appropriate action to protect the health and safety of the vulnerable person
			 involved in the report and of any other vulnerable persons similarly situated
			 in the facility, provider agency or program. Additional action shall be taken
			 whenever necessary to prevent future incidents of abuse, neglect or significant
			 incidents. Any action taken should cause as little disruption as possible to
			 the daily routines of the vulnerable persons in the facility, provider agency
			 or program. The following alternatives shall be considered in determining the
			 course of action that will be taken with regard to a specific incident of
			 alleged abuse, neglect or significant incident:
(1) removal or transfer of the subject of the
			 report, consistent with the policy of the agency's board of directors,
			 appropriate collective bargaining agreement(s) and applicable provisions of the
			 Civil Service Law;
(2) initiation
			 of disciplinary action against the subject of the report, consistent with
			 appropriate collective bargaining agreement(s) and applicable provisions of the
			 Civil Service Law with respect to state employees only, such action shall be
			 taken only after consultation with the Justice Center;
(3) increasing the degree of supervision of
			 the subject of the report;
(4)
			 provision of counseling to the subject of the report;
(5) provision of increased training to staff
			 and volunteers pertinent to the prevention and remediation of abuse and
			 maltreatment;
(6) removal or
			 transfer of the vulnerable person, consistent with applicable placement
			 procedures, if it is determined that there is a risk to such youth in remaining
			 in that program; and
(7) provision
			 of counseling to the vulnerable person involved in the report and any other
			 youth, as appropriate.