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 - New York Statutes

§ 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 anyother 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.