Section 31.30. 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's
  custodian in a residential facility;
    5. removing a child when it is determined that there is risk  to  such
  child if he or she continues to remain in a residential facility; and
    6. taking appropriate preventive and remedial actions, including legal
  action, consistent with appropriate collective bargaining agreements and
  applicable  provisions  of  the  civil service law. Such standards shall
  also establish 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,
  rules  and  regulations  and  procedures  governing  the  protection  of
  children from abuse and  maltreatment,  and  other  appropriate  topics;
  provided,  however,  that  either  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 that 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  or 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
  health to provide written reports thereon to such commission as  to  the
  implementation of plans of prevention and remediation.
    (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:
    1. 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  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
    2.  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  a  report  of  child abuse or
  maltreatment  is  indicated  and  such  abuse  or  maltreatment  may  be
  attributed  in  whole  or  in part to noncompliance by the facility with
  provisions of this chapter or  regulations  of  the  respective  offices
  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 either office shall be submitted
  to   and  approved  by  such  office  in  accordance  with  time  limits
  established by rules and regulations of such office.  Implementation  of
  the  plan  shall be monitored by such office. In reviewing the continued
  qualification of a residential facility  or  program  for  an  operating
  certificate,   the  office  having  supervisory  responsibilities  shall
  evaluate  such  facility's  compliance  with  plans  of  prevention  and
  remediation developed pursuant to this subdivision.