N.Y. Comp. Codes R. & Regs. tit. 18 § 441.19

Current through Register Vol. 46, No. 45, November 2, 2024

Section 441.19 - Appropriate custodial conduct

Each child care agency will provide for the safety of children in its care by requiring employees, volunteers and consultants of the facilities which it operates to use appropriate custodial conduct when caring for children. In order to provide appropriate care for children in residential facilities, employees, volunteers and consultants will not:

(a) use illegal drugs on the job, come to work or work under the influence of illegal drugs, or have illegal drugs in their possession on the grounds of any residential child care facility;

(b) use alcohol on the job, come to work or work under the influence of alcohol or have alcohol in their possession on the grounds of any residential child care facility except that staff of a residential child care facility may use or possess alcohol on the grounds of the facility during their nonworking hours if such staff reside on the grounds of such facility or participate in agency sponsored religious or social events held on the grounds of the facility where alcohol is authorized. Employees of residential child care facilities who are permitted to possess alcohol must ensure that children residing in such facilities do not have access to alcohol;

(c) use language or gestures which can cause emotional harm to children;

(d) behave in a discriminatory manner toward children receiving care; discrimination on the basis of ethnicity, handicapping condition, religion, creed or sex shall be prohibited;

(e) have sexual relations with residents;

(f) possess firearms or other dangerous weapons while on the grounds of residential child care facilities;

(g) have personal financial transactions with the residents which would be detrimental to the residents; or

(h) act in any other manner which would be detrimental to residents of a residential facility.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 441.19

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015