of the Commissioner of the Office of Children and Family Services shall be subject to and must comply with the requirements as set forth in Part 433 of Title 18 of the New York Code, Rules, and Regulations and any other applicable regulations including, but not limited to, Parts 703-704 of Title 14 of the New York Code, Rules, and Regulations. Existing paragraph 180.5 (b)(3) of Title 9 is amended to read as follows: (3) Each detention facility shall develop written procedures, available onsite, for the protection of [youth] program participants when there is reason to believe an incident has occurred which would render a [youth] program participant [an] abused or neglected [child in residential care] as defined in section [412-a] 488 of the Social Services Law. Such procedures shall include, but not be limited to, the following: (i) Notifications. Immediate notification of suspected incidents of abuse or [maltreatment] neglect shall be made to: (a) the Vulnerable Persons’ Central Register; [Statewide Central Register of Child Abuse and Maltreatment]; (b) law enforcement officials, if it appears likely that a crime has been committed against a child, or confirm that such notification has already been made; and (c) the office and the facility's administrative agency. (ii) Investigation procedures. Immediately upon notification that a report of [child abuse or maltreatment] abuse or neglect has been made to the Vulnerable Persons’ Central Register [Statewide Central Register of Child Abuse and Maltreatment] and/or local law enforcement officials, the director of the facility or his or her designee shall: (a) preserve any relevant audio and/or visual recording; [initiate an internal investigation;]
(ii) HIV awareness and education; (iii) case records and confidentiality of information; (iv) development and youth issues; (v) abuse prevention and reporting requirements as set forth in and required by the Social Services Law;] Reportable Incidents as defined in section 488 of the Social Services Law shall be reported immediately upon discovery to the Vulnerable Persons’ Central Register, in accordance with section 491 of the Social Services Law. Discovery occurs when the mandated reporter witnesses a suspected reportable incident or when another person, including the vulnerable person, comes before the mandated reporter in the mandated reporter’s professional or official capacity and provides the mandated reporter with reasonable cause to suspect that the vulnerable person has been subjected to a reportable incident. (vi) suicide prevention; and (vii) runaway and homeless regulations. (2) The director of each program shall be responsible for ensuring that in-service training is provided to volunteers in an amount commensurate with the specific volunteer duties performed and the amount of volunteer service provided by each individual volunteer. (g) Nondiscriminatory treatment. (1) Each program shall employ policies and procedures designed to ensure that youth are not subject to unlawful discriminatory treatment in any program decision making process or when being considered for any available service. Program staff and volunteers shall not engage in or condone discrimination or harassment on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, or disability. Each program shall promote and maintain a safe environment, take reasonable steps to prevent
(ii) initiation of disciplinary action against the alleged subject of the report, consistent with appropriate collective bargaining agreement(s) and applicable provisions of the Civil Service Law; (iii) increasing the degree of supervision of the alleged subject of the report; (iv) provision of counseling to the alleged subject of the report; (v) provision of increased training to staff, consultants and volunteers pertinent to the prevention and remediation of abuse and neglect [maltreatment]; (vi) removal or transfer of the youth, consistent with applicable placement procedures, if it is determined that there is a risk to such youth in remaining in that program. In such case, the county runaway and homeless youth service coordinator and the division shall be notified of any such removal or transfer; and (vii) provision of counseling to the youth involved in the report and any other youth, as appropriate. (4) Plans of prevention and remediation. Upon receipt from the Justice Center or the office of a substantiated [an indicated] report of [child] abuse or neglect [maltreatment] or an unsubstantiated [unfounded] report of [child] abuse or neglect [maltreatment] where the Justice Center or the office has determined that it appears likely that a crime may have been committed against a child or that there has been a violation of the statutory, regulatory or other requirements related to the care and treatment of individuals receiving services, the director of the program shall consider any appropriate recommendations received from the Justice Center or the office for preventative and remedial action, including legal action, and shall: (i) within 10 calendar days of receipt of a substantiated [an indicated] report of [child] abuse or neglect [maltreatment], develop and implement a written plan of action to be taken with respect
such practices and policies. (7) At the commencement of employment, and annually thereafter, the institution must provide each employee a copy of the applicable Justice Center created or approved code of conduct required to read and to acknowledge that he or she has read and understands such code of conduct. Failure on the part of staff to acknowledge the code of conduct can result in disciplinary action including termination, consistent with appropriate collective bargaining agreements. Existing subdivision 443.2(b) of Title 18 is amended at paragraphs (5)-(8) to read as follows: (5)(i) inform persons who express an interest in becoming, or who to become a certified or approved foster parent, that the agency must inquire of the Office of Children and Family Services whether any person who applies for certification or approval to be a foster parent and whether any person over the age of 18 who resides in the home of the applicant is the subject of an indicated child abuse or maltreatment report on file with the Statewide Central Register of Child Abuse and Maltreatment and inform such persons that if they, or any other person over the age of 18 who resides in the home of the applicant, resided in another state at any time during the five years preceding the application for certification or approval as a foster parent made in accordance with this Part, the agency will request child abuse and maltreatment information maintained by the child abuse and maltreatment registry from the applicable child welfare agency in each such state of previous residence; and (ii) inform persons who express an interest in becoming foster parents or who apply to become certified or approved foster parents, that as part of the application process the agency must