N.Y. Comp. Codes R. & Regs. Tit. 18 § 441.8 - Abuse or neglect of children
(a) Any
abuse or neglect of a child, either as an incident of discipline or otherwise,
is absolutely prohibited. Acts of abuse or neglect for children in the care of
residential programs are defined by section 488.1(a)-(h) of the Social Services
Law.
(b) All child care agencies
shall prohibit the abuse or neglect of any children in their care, shall not
tolerate or in any manner condone an act of abuse or neglect by any staff
member or by any other person under their control, and shall vigorously and
strictly enforce policies against abuse and neglect.
(c) Reports of abuse, neglect, and
significant incidents as defined in section
488 of the Social Services Law and Part 433
of this Title must be made to the Vulnerable Persons' Central Register as
established in section
492 of the Social Services Law. Persons who
must make reports in accordance with this Title and the provisions of section
491 of the Social Services Law include any
director, operator, employee or volunteer of a facility or provider agency and
any consultant or employee or volunteer of a corporation, partnership,
organization or governmental entity which provides goods or services to a
facility or provider agency pursuant to contract or other arrangement that
permits such person to have regular and substantial contact with individuals
who are cared for by the facility or provider agency.
(d) Volunteers and employees of all child
care agencies and facilities who have child-caring responsibilities will report
any suspected incidents of child abuse or maltreatment concerning a family, a
foster family boarding home or a day care to the Statewide Central Register of
Child Abuse and Maltreatment or cause such a report to be made when such
volunteers and employees have reasonable cause to suspect that a child coming
before them in their professional or official capacity is an abused or
maltreated child. Whenever such person is required to report to the Statewide
central Register of Child Abuse and Maltreatment pursuant to this subdivision,
he/she will immediately notify the person in charge of the agency or facility
or that person's designee of the alleged abuse or maltreatment of a
child.
Notes
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