2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 6 - (411 - 428) CHILD PROTECTIVE SERVICES
424-C - Duties of the commissioner of the office of children and family services concerning reports of abuse or neglect of children in residential facilities

 
    * §  424-c.  Duties  of the commissioner of the office of children and
  family services concerning reports of abuse or neglect  of  children  in
  residential  facilities or programs. With respect to reports of abuse or
  neglect in residential facilities or programs enumerated  in  paragraphs
  (a), (b), (c), (d), (e), (f) and (j) of subdivision four of section four
  hundred  twelve-a  of  this  title,  in addition to complying with other
  requirements established by this chapter, the commissioner  of  children
  and family services shall:
    1.  Receive from the statewide central register on a twenty-four hour,
  seven day a week basis all reports of suspected child abuse  or  neglect
  in  accordance  with  this  title and regulations of the commissioner of
  children and family services;
    2. Maintain and keep up-to-date a child abuse and  neglect  record  of
  all cases reported together with any additional information obtained and
  a   record   of   the   final   disposition  of  the  report,  including
  recommendations by the commissioner of the office of children and family
  services and action taken with respect to the residential care  facility
  or program or the subject of a report of child abuse or neglect pursuant
  to subdivision two-a of section four hundred sixty-c of this chapter;
    3.  Not  later  than  seven  days after receipt of such report, send a
  preliminary written report  of  the  initial  investigation,  including,
  whenever  practicable,  an  evaluation  of  whether  or  not such report
  constitutes an allegation of child abuse or neglect and actions taken or
  contemplated, to the statewide central register. If  such  investigation
  results  in  a  determination  that  the  report  does not constitute an
  allegation of abuse or  neglect,  the  office  of  children  and  family
  services  shall  refer such report to the appropriate state licensing or
  operating agency, provided, however, that the name and other  personally
  identifiable  information  of  the person making the report shall not be
  provided by the office of  children  and  family  services  unless  such
  person authorizes such disclosure;
    4.  Give  telephone  notice  and forward immediately a copy of reports
  made which involve the death of a  child  to  the  appropriate  district
  attorney.    In  addition, telephone notice shall be given and a copy of
  all reports made shall be forwarded immediately by the  commissioner  of
  children  and  family services to the appropriate district attorney if a
  prior request in writing for such notice and copies has been made to the
  commissioner of children and family services by the  district  attorney.
  Such request shall specify the kinds of allegations concerning which the
  district attorney requires such notice and copies;
    5.  Upon receipt of such report, commence within twenty-four hours, an
  appropriate investigation which shall include but not be limited  to  an
  evaluation  of  the  residential  care  facility or program in which the
  child resides who is named in the report and a determination of the risk
  to such child  if  he  or  she  continues  to  remain  in  the  existing
  residential  care  facility or program as well as a determination of the
  nature, extent and cause of any condition enumerated in such report and,
  after seeing to the safety of the  child  and,  to  the  maximum  extent
  feasible,  the other children in the facility, forthwith: (a) notify the
  subject of the report and other persons named in the report  in  writing
  of  the  existence of the report and their respective rights pursuant to
  this title in regard to  amendment;  and  (b)  notify  the  facility  or
  program and, as appropriate, the office of children and family services,
  the  department of education, and the local social services commissioner
  or school district placing the child of the  existence  of  such  report
  including  the  name of any child alleged to be abused or neglected, the
  name of the subject of the report of child abuse  or  neglect,  and  any

  other information which may be necessary to ensure the health and safety
  of the children in the residential facility;
    6.  Comply  with  the  terms  and  conditions  for  the maintenance of
  confidential records and due process rights of the subject of the report
  of child abuse or neglect pursuant to sections four  hundred  twenty-two
  and four hundred twenty-four-a of this title;
    7. Determine, within sixty days of receiving a report of an allegation
  that  a  child  is  an  abused  or  neglected  child in residential care
  whether:
    (a) the report made to the statewide central register of  child  abuse
  and  maltreatment  is  "indicated"  or  "unfounded"  in  accordance with
  subdivision one of section four hundred twenty-four-d of this title;
    (b) there is reasonable cause to suspect that the child's  parent,  or
  other person legally responsible for the child other than a custodian of
  the child, abused or maltreated the child;
    (c) it appears likely that a crime may have been committed against the
  child; and
    (d)  it appears that a violation of the statutory, regulatory or other
  requirements of the licensing agency or operating state agency  relative
  to  the  care  and  treatment  of  individuals  receiving  services  has
  occurred; and
    8. Assist the criminal court during all stages of the court proceeding
  in accordance with the purposes  of  this  title  and  other  applicable
  provisions of law.
    * NB Repealed June 30, 2013