Inspection · 2023-09-26

The following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act for any prospective operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, as defined in section (2) of this part, and any person age eighteen (18) or older living in a prospective, or who begins to live, in a group family day care home or family day care home:

a criminal history record check with the New York State Division of Criminal Justice Services;

a national criminal record check with the Federal Bureau of Investigation;

a search of the New York State Sex Offender Registry; and

a database check of the Statewide Central Register of Child Abuse and Maltreatment in accordance with section four hundred twenty-four-a of the Social Services Law.

all clearances required pursuant to subdivision (a) of this section; and

a search of the National Sex Offender Registry using the National Crime and Information Center.

Every licensee and registrant shall submit fingerprint images for each prospective director, employee, or volunteer, and any person age eighteen (18) or older prospectively living in a group family day care home or family day care home.

school age child care program staff must personally make, or cause to be made, an immediate report to the Statewide Central Register of Child Abuse and Maltreatment by telephone, followed by a written report within 48 hours, in the form and manner prescribed by the Office, to the child protective service of the social services district in the county in which the child resides.

Staff and volunteers must each submit a medical statement on forms furnished by the Office or an approved equivalent from a health care provider: before such person has any involvement in child care work.

School-age child care programs must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be reviewed must be required to provide the following:

School-age child care programs must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be reviewed must be required to provide the following: a statement or summary of each applicant's employment history including, but not limited to, any relevant child-caring experience;

School-age child care programs must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be reviewed must be required to provide the following: the names, addresses and day time telephone numbers of at least two acceptable references, other than relatives, at least one of whom can verify employment history, work record and qualifications, and at least one of whom can attest to the applicant's character, habits and personal qualifications to be a school-age child care program staff member;

School-age child care programs must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be reviewed must be required to provide the following: a sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, such applicant has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction and fingerprint images as required to comply with the requirements of 413.4 of this Title;

School-age child care programs must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be reviewed must be required to provide the following: the information necessary to determine whether the applicant is the subject of an indicated report of child abuse and maltreatment as required by section 414.10(b)(1)(i) of this Part;

School-age child care programs must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be reviewed must be required to provide the following: the information necessary to determine whether the applicant is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs, pursuant to Section 495 of the Social Services Law, as required by section 414.10(b)(1)(ii); and

School-age child care programs must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be reviewed must be required to provide the following: The information necessary to complete the criminal history review and background clearance requirements as outlined in this Part. This information must be submitted to the Office on forms provided by the Office.

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious incident,

Children cannot be left without competent direct supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher's range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child's age emotional, physical, and cognitive development.