Header:
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 414. * SCHOOL-AGE CHILD CA
Date:
08/31/2009
Document:
ยง 414.15 Management and administration
(a) School-age child care programs must comply with the following standards:
(1) Each school-age child care program must register with the Office and must operate in compliance with the regulations of the Office and all other applicable laws and regulations. No person or entity may operate a school-age child care program unless registered with the Office;
(2) Providers who have registered with the Office must provide proof of registration and information concerning any waivers that have been approved by the Office upon request;
(3) A new application for registration must be submitted to the Office when there is a change in the name, address or operator; when reinstatement of a withdrawn application is sought; or when a registration is sought following the Office's revocation of, or denial of an application to renew, a registration;
(4) The provisions specified on the registration are binding and the school-age child care program must operate in compliance with the terms of the registration. The number and age range of children specified thereon are the maximum number and age range of children who may be in the care of the school-age child care program at any one time;
(5) Information relating to an individual child is confidential and cannot be disclosed without written parental permission to anyone other than the Office, its designees or other persons authorized by law. Information relating to an individual child may be disclosed to a social services district where the child receives a day care subsidy from the district, where the child has been named in a report of alleged child abuse or maltreatment, or as otherwise authorized by law. Redisclosure of confidential HIV-related information, as defined in section 360-8.1 of this Title, concerning a child receiving school-age child care is not permitted except in a manner consistent with article 27-F of the Public Health Law;
(6) A school-age child care program may not refuse to admit a child to the program solely because the child is a child with a disability or has been diagnosed as having human immunodeficiency virus (HIV), HIV-related illness or acquired immune deficiency syndrome (AIDS). Each such child must be evaluated by the provider to determine whether the child could be accommodated in the program if reasonable modifications are made to the premises and/or program. Nothing contained in this paragraph shall be deemed to require the provider to incur significant additional expenses to modify the premises and/or program to accommodate such a child;
(7) A school-age child care program must give the parent, at the time of admission of a child, a written policy statement including, but not limited to: the responsibilities of the program; the responsibilities of the parent; the policies of the school-age child care program regarding admission; the disciplinary policy; the program activities to be provided; a summary of the program's health care policies, including the level of illness the program will accommodate; actions the school-age child care program will take in the event the child is not picked up as scheduled; the food service arrangements; and instructional materials on the available procedures and legal remedies if they suspect their child has been abused or maltreated;
(8) (i) The parent of a child receiving care must have: unlimited and on demand access to such child; the right to inspect all parts of the building used for school-age child care or which could present a hazard to the health or safety of the child whenever the parent requests at any time during the hours of operation of the school-age child care program; unlimited and on demand access to the provider whenever such child is in care or during the normal hours of operation; and unlimited and on demand access to written records concerning such child except where access to such records is otherwise restricted by law;
(ii)(a) The parents of all children receiving care in a school-age child care program equipped with video surveillance cameras installed for the purpose of allowing parents to view their children in the day care setting by means of the internet must be informed that cameras will be used for this purpose. All staff of the school-age child care program must also be informed if video surveillance cameras will be used for this purpose.
(b) All parents of children enrolled in the school-age child care program and all staff of the school-age child care program must be made aware of the locations of all video surveillance cameras used at the school-age child care program.
(c) School-age child care programs opting to install and use video surveillance equipment must comply with all State and federal laws applicable to the use of such equipment.
(d) Video surveillance cameras may not be used as a substitute for competent direct supervision of children.
(e) School-age child care programs opting to allow parents to view their children in the day care setting by means of the internet must use and maintain adequate internet security measures at all times. Such measures include but are not limited to: frequent changes of passwords; filtering measures that prohibit public access to or viewing of day care activities via the internet; and immediate corrective action in response to any report of abuse of the system or inappropriate access. Such programs must also advise the parents having access to views of the day care program through the internet of the importance of security in regard to such viewing and of the importance of the privacy rights of other children who may be viewed.
(f) Video surveillance cameras are permitted to transmit images of children in common rooms, hallways and play areas only. Bathrooms and changing areas must remain private and free of all video surveillance equipment.
(g) School-age child care programs that use video surveillance equipment must allow inspectors and other representatives of the Office to have access to such equipment and to have viewing privileges as required by the Office.
(9) School-age child care programs must post or display conspicuously in a place to which parents have free and daily access, the following:
(i) the Office's school-age child care program regulations;
(ii) the name(s), addresses and telephone numbers of person(s) with the legal responsibility and administrative authority for the operation of the school-age child care program; and
(iii) the address and telephone number of the appropriate regional office of the Office which may be contacted to lodge a complaint against the program for violations of statutory and regulatory requirements;
(10) School-age child care programs must admit inspectors and other representatives of the Office onto the grounds and premises at any time during the hours of operation of the program. Such inspectors and representatives must be given free access to the building or buildings used by the program, staff and children and any records of the program. School-age child care staff must cooperate with inspectors and other representatives of the Office in regard to any inspections or investigations that are conducted by the Office or its' representatives. School-age child care staff also must cooperate with local Child Protective Services' Staff conducting any investigation of alleged child abuse or maltreatment;
(11) School-age child care programs must comply with all applicable State and federal laws relating to equal employment opportunities;
(12) School-age child care programs must report to the Office: any change affecting, or which reasonably might be expected to affect, those portions of the building in which the program is located or which are used for the children's egress in the case of an emergency; any change of director; and any other change that would place the program out of compliance with applicable regulations;
(13) All staff of the school-age child care program must be familiar with the regulations governing such programs. Such regulations must be readily accessible to staff for reference purposes;
(14) The provider must immediately notify the Office upon learning of the death, serious injury or infectious illness of an enrolled child which occurred while the child was in care at the program or was being transported by the provider;
(15) Parents must be given the opportunity to discuss issues related to their children and care of their children with an appropriate staff member or members. Such opportunities must occur at the time of enrollment and as frequently as needed thereafter, but at least annually;
(16) The indoor and outdoor areas of the school-age child care program where the children are being cared for must not be used for any other business or social purpose when children are present such that the attention of staff is diverted from the care of the children. When a school-age child care program is located in a multi-use building, those portions of the building designated for the care of children must be used exclusively for child day care during the hours that children are present; and
(17)(i) Within five days after receiving the initial registration and before actually commencing operation, the provider must, using a form specified by the Office for that purpose, notify the local police and fire departments of the municipality within which the school-age child care program is located of the following:
(a) the address of the school-age child care program;
(b) the maximum capacity of the school-age child care program;
(c) the age range of children that will be in care; and
(d) the hours during which children will be in care.
(ii) If the local municipality does not have a police or fire department, the sheriff of the county within which the school-age child care program is located must be notified instead. The provider must notify the local police and fire departments or the county sheriff, as appropriate, if there is any change in any of the information required to be provided pursuant to subparagraph (i) of this paragraph.
(18) All school-age child care programs that accept direct and indirect payments from a social services district, or a payment from a parent or caretaker, for providing subsidized child care must comply with all relevant requirements of the child care subsidy program and section 415.4(h) of this Title.
(b) Conditions which apply to school-age child care program registration are as follows:
(1) No registration will be issued unless the provider is in full compliance with the regulations of the Office and all other applicable laws and regulations except where a waiver of one or more requirements of this Part has been approved in writing by the Office in accordance with section 413.5 of this Title;
(2) The effective period of the initial registration and each subsequent registration will be up to two years each so long as the provider remains in compliance with applicable laws and regulations during such periods;
(i) If a provider or operator has not met the training requirement specified in section 414.14 of this Part, a subsequent registration may be issued for a period of up to one year following the completion of an acceptable inspection of the school-age child care program;
(ii) No more than one such limited renewal may be issued in succession;
(3) A registration is not transferable to any other provider or location;
(4) School-age child care programs required to be registered with the Office will not be exempt from this requirement through registration with another State agency or certification, registration or licensure by any local governmental agency or authorized agency; and
(5) Before denial of an application for registration or renewal of registration, the provider is entitled to a hearing before the Office pursuant to Part 413 of this Title.
(c) The provider must maintain on file at the school-age child care program, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner:
(1) a copy of the evacuation plan, as required in section 414.5 of this Part, specifying alternate means of egress;
(2) an approved health care plan as required in section 414.11 of this Part;
(3) a sample copy of all forms used in the school-age child care program;
(4) the name, address, gender, and date of birth of each child; each child's parents' names, addresses, telephone numbers and place(s) at which the parents or other persons responsible for the child can be reached in case of an emergency; and the names and addresses of persons authorized to take the child from the school-age child care program;
(5) daily attendance records;
(6) children's health records, including parental consents for emergency medical treatment; the name and dosage of any medications used by a child, the frequency of administration of such medications and a record of their administration by school-age child care program staff; and a record of illnesses, injuries and any indicators of child abuse or maltreatment;
(7) copies of the school-age child care program's personnel policies and practices;
(8) copies of staff health statements;
(9) a description of the pattern of supervision of staff by the director, program specialist or other responsible person and procedures to assure adequate and appropriate supervision of employees and volunteers of the program;
(10) personnel information including a list of all staff with job assignments and schedules; Statewide Central Register clearance forms; criminal history review information; staff resumes; and other information required by section 414.13 of this Part;
(11) when the school-age child care program is incorporated, the following additional documentation:
(i) a copy of the certificate of incorporation and any amendments thereto;
(ii) verification of filing of the certificate of incorporation and any amendments thereto with the Secretary of State; and
(iii) a current list of the names of the board of directors and their addresses, telephone numbers of the current principal officers and members, and the business and civic qualifications of all such individuals;
(12) when the school-age child care program is owned by an individual, corporation, partnership or other entity using a business or assumed name, a copy of the certificate of doing business under an assumed name obtained from the county clerk;
(13) a copy of a certificate of insurance from an insurance company showing the intent to provide general liability insurance to the school-age child care program upon registration and a copy of the insurance policy;
(14) a description of specific procedures which will assure the safety of a child who is reported to the Statewide Central Register of Child Abuse and Maltreatment as well as other children provided care in the school-age child care program;
(15) a description of the procedure to be used to review and evaluate the background information supplied by applicants for employment and volunteer positions, as required in section 414.13 of this Part;
(16) a description of the schedule and content of training as required in section 414.14 of this Part, including use of both in-service training and outside training resources;
(17) a description of policies and practices regarding appropriate supervision of children in conformance with section 414.8 of this Part;
(18) a copy of the notification form provided to the local police and fire departments or the county sheriff as required in paragraph (17) of subdivision (a) of this section; and
(19) a copy of the certification that the building and the surrounding neighborhood and environment are free from environmental hazards, as required in paragraph (6) of subdivision (a) of section 414.2 and paragraph (3) of subdivision (e) of section 414.2 of this Part.
(d) Where multiple sites are operated by one organization or provider, records, other than those of children currently enrolled in the program, may be retained at a central administrative location. The operators of these programs must make all such records available on site upon request by the Office or its designees.
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