Section 16.29. Child abuse and maltreatment in residential care

(a)   The   commissioner  shall  promulgate  regulations  establishing
  standards for the protection of children in residential care from  abuse
  and maltreatment, including procedures for:
    (1)  reviewing  and  evaluating  the  backgrounds  of  and information
  supplied by any person applying  to  be  an  employee,  a  volunteer  or
  consultant, consistent with appropriate collective bargaining agreements
  and  applicable  provisions  of  the  civil service law. Such review and
  evaluation  shall  include  but  not  be  limited   to   the   following
  requirements:  that  the  applicant  set  forth  his  or  her employment
  history,  provide  personal  and  employment  references  and   relevant
  experiential  and  educational  information  and, sign a sworn statement
  whether, to the best of his or her knowledge, he or she  has  ever  been
  convicted of a crime in this state or any other jurisdiction;
    (2)  establishing  minimal experiential and educational qualifications
  for employees that are consistent with appropriate collective bargaining
  agreements and applicable provisions of the civil service law;
    (3)  assuring  adequate  and  appropriate  supervision  of  employees,
  volunteers and consultants;
    (4)  demonstrating  that  appropriate  action  is  taken to assure the
  safety of the child who is reported to the  state  central  register  as
  well  as  other  children  in care, immediately upon notification that a
  report of child abuse or maltreatment has been made with  respect  to  a
  child in a residential facility;
    (5)  removing  a  child  when it is determined that there is a risk to
  such child if he or she continues to remain in a  residential  facility;
  and
    (6) taking appropriate preventive and remedial action, including legal
  action, consistent with appropriate collective bargaining agreements and
  applicable  provisions  of  the  civil service law. Such standards shall
  also establish as a priority that:
    (i) administrators,  employees,  volunteers  and  consultants  receive
  training   in  at  least  the  following:  child  abuse  prevention  and
  identification, safety and security procedures, the principles of  child
  development,  the  characteristics of children in care and techniques of
  group and child management  including  crisis  intervention,  the  laws,
  regulations  and  procedures  governing  the protection of children from
  abuse and maltreatment, and other appropriate topics provided,  however,
  that  the  office  may  exempt  administrators and consultants from such
  requirements upon demonstration of substantially equivalent knowledge or
  experience; and
    (ii) children receive instruction consistent with their age, needs and
  circumstances as well as the needs and circumstances within the facility
  or program, in techniques and procedures which will enable such children
  to protect themselves from abuse and maltreatment.
    The commissioner shall take all reasonable and  necessary  actions  to
  assure  that  employees,  volunteers and consultants in residential care
  facilities are kept apprised on a current  basis  of  all  policies  and
  procedures  of  the  office  relating to the protection of children from
  abuse and maltreatment, and shall monitor and supervise the provision of
  training to such administrators,  employees,  volunteers,  children  and
  consultants.  Standards developed pursuant to this subdivision shall, to
  the extent possible, be consistent with those promulgated by other state
  agencies for such purposes.
    (b) The commissioner shall provide necessary assistance to  the  state
  commission on quality of care and advocacy for persons with disabilities
  in  the  conduct  of  investigations  pursuant  to section 45.07 of this
  chapter, shall consider its recommendations for  appropriate  preventive

  and remedial action including legal actions, and shall provide or direct
  a  residential  facility  licensed  or  operated by the office of mental
  retardation and developmental disabilities to  provide  written  reports
  thereon  to  the  commission  as  to  the  implementation  of  plans  of
  prevention and remediation approved by such office.
    (c)  The  commissioner  shall  provide   for   the   development   and
  implementation  of  a plan of prevention and remediation with respect to
  an indicated report of child abuse or maltreatment.  Such  action  shall
  include:
    (i)  within  ten days of receipt of an indicated report of child abuse
  or maltreatment, development and implementation of a plan of  prevention
  and  remediation  to  be  taken  with  respect  to  a  custodian  or the
  residential facility in order to assure the continued health and  safety
  of children and to provide for the prevention of future acts of abuse or
  maltreatment; and
    (ii)  development  and  implementation  of  a  plan  of prevention and
  remediation, in the event an investigation of a report of alleged  child
  abuse or maltreatment determines that some credible evidence of abuse or
  maltreatment  exists and such abuse or maltreatment may be attributed in
  whole or in part to noncompliance by the facility with the provisions of
  this chapter or regulations of the office applicable to the operation of
  such residential  facility.  Any  plan  of  prevention  and  remediation
  required  to  be  developed  pursuant  to this subdivision by a facility
  supervised by the office shall be submitted  to  and  approved  by  such
  office in accordance with time limits established by regulations of such
  office. Implementation of the plan shall be monitored by such office. In
  reviewing  the  continued  qualifications  of  a residential facility or
  program for an operating certificate, the  office  shall  evaluate  such
  facility's compliance with plans of prevention and remediation developed
  and implemented pursuant to this subdivision.