(a) Approved corrective action plan required. A corrective action plan shall be submitted by the permittee to the Department within five business days for review and approval by the Department:
(1) Prior to the permittee hiring, retaining or utilizing the services of persons listed in subdivision (a) of 24 RCNY Health Code § 47.19 when such persons are reported as having:
(A) A criminal conviction as specified in 24 RCNY Health Code § 47.19(h); or
(B) Pending criminal charges as specified in 24 RCNY Health Code § 47.19(h); or
(C) SCR reported incidents of child abuse or maltreatment which have been indicated or which are under investigation.
(2) When a death or serious injury of a child or an incident involving a lost child has occurred while under the care or supervision of an applicant for a permit or a permittee, or of any owner, director, employee, or volunteer of the applicant or permittee or of any agent of the permittee, or if a related criminal or civil action has been already adjudicated or adjudication is pending in any jurisdiction with respect to such death or serious injury or incident involving a lost child.
(3) When required by the Department, including but not limited to after the permittee has been cited for violations or conditions deemed imminent health hazards, or when the Department determines that the permittee has been operating with serious or uncorrected violations over a period of time, to demonstrate the permittee's willingness and ability to continue in operation in accordance with applicable law.
(b) Contents of corrective action plan. A corrective action plan shall assess the risk to children in the program, and shall clearly and convincingly demonstrate that such person presents no danger to any child, or other persons. The plan shall include, but not be limited to, consideration of the following factors:
(1) Seriousness of the incident(s) or crimes cited in the report(s);
(2) Seriousness and extent of injuries, if any, sustained by the child(ren) named or referred to in the indicated report(s) or disclosed upon investigation of the criminal charge;
(3) Any detrimental or harmful effect on child(ren) as a result of the person's actions or inactions and relevant events and circumstances surrounding these actions and inactions as these relate to any report(s);
(4) The age of the person and child at the time of the incident(s);
(5) Time elapsed since the most recent incident(s);
(6) Number of indicated incident(s) or crimes; where more than one incident or crime, an evaluation of each separately, and an assessment of the total effect of all indicated incidents on risks to children currently under care or supervision;
(7) Duties of the person under consideration; degree of supervision, interaction, opportunity to be with children on regular, substantial basis and if position may involve being alone with children or will always involve presence of other adults;
(8) Information provided by person, re: rehabilitation, i.e., showing positive, successful efforts to correct the problems resulting in the indicated child abuse or criminal report so that children in the program will not be in danger, demonstrated by no repeated incidents or showing that the person has undergone successful professional treatment;
(9) Employment or practice in a child care field without incident involving injuries to children;
(10) Extra weight and scrutiny shall be accorded child abuse and maltreatment reports involving fatality, sexual abuse, subdural hematoma, internal injuries, extensive lacerations, bruises, welts, burns, scalding, malnutrition or failure to thrive; and crimes involving homicides, sexual offenses (misconduct, rape, sodomy, abuse); kidnapping; felony possession or sale of a controlled substance; felony promotion of prostitution; obscenity offenses; disseminating indecent material involving, or to, minors; incest; abandonment of a child; endangering welfare of a child; promoting sexual performance by a child; felony weapon possession; assault; reckless endangerment; coercion; burglary; arson and robbery; driving while intoxicated or under the influence of alcohol if the person will have responsibilities for unsupervised contact or driving motor vehicles at the program.
(c) Contents of corrective action plan for imminent health hazards or serious repeat violations. When the Department requires a corrective action plan to show that imminent health hazards or patterns of serious repeat violations are being corrected, the permittee must:
(1) Address each hazard, condition or violation;
(2) Identify their causes; and
(3) Provide a plan satisfactory to the Department showing that the causes have been addressed, and that the conditions or violations have been corrected and will not recur.
(d) Implementing the plan. If the Department determines that such plan adequately safeguards the health and safety of children, the permittee shall be responsible for implementation of the plan, subject to periodic monitoring by the Department.
(e) Rejection of plan. If the Department determines that such plan fails to provide adequate safeguards, a permittee that intends to hire or retain the employee shall resubmit the plan until it is acceptable to Department and shall not allow such employee to have unsupervised contact with any children until the plan is approved by the Department.
(Amended City Record 9/20/2016, eff. 10/20/2016; amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)