§ 43.15 Corrective Action Plan.
RCNY § 43.15
(a)Corrective action plan required. A corrective action plan shall be prepared by the person in charge of a school that is subject to this Article in the following instances: (1) Prior to the person in charge of a school hiring, retaining or utilizing the services of persons listed in subdivision (a) of 24 RCNY Health Code § 43.13 when such persons are reported as having: (A) A criminal conviction, as specified in 24 RCNY Health Code § 43.13(g); or (B) Pending criminal charges, as specified in 24 RCNY Health Code § 43.13(g); 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 has occurred while in the care of a person in charge of a school, or in the care of any owner, director, employee, or volunteer of the person in charge of a school or while in the care of any agent of the person in charge of a school, or if a related criminal or civil action has already been adjudicated or adjudication is pending in any jurisdiction with respect to such death or serious injury.
(3)When required by the Department, if the person in charge of a school has been cited for violations or conditions deemed imminent or public health hazards, or if there has been a history of failure to comply with applicable provisions of this Code, to demonstrate that the person in charge of a school is able and willing to correct such violations or conditions.
(b)Contents of corrective action plan. A corrective action plan must assess the risk to children in the school, and must clearly and convincingly demonstrate that such person or condition presents no danger to any child, or other persons. The plan must include, but need 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; (7) Duties of the person under consideration; degree of supervision, interaction, opportunity to be with children on a regular, substantial basis and whether the position may involve being alone with children or will always involve the presence of other adults; (8) Information provided by the 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 care 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 school.
(c)Available for Department inspection. Corrective action plans must be maintained on-site by the person in charge of a school and submitted to the Department within 5 business days of discovery of the condition to be corrected. (Amended City Record 12/26/2019, eff. 1/25/2020)
