§ 4358. Protection of pupils. The department shall:\n (a) Promulgate regulations concerning standards for the protection of\nchildren in residential care from reportable incidents in accordance\nwith this section and article eleven of the social services law,\nincluding procedures for:\n (i) consistent with appropriate collective bargaining agreements and\napplicable provisions of the civil service law, the review and\nevaluation of the backgrounds of and the information supplied by any\nperson applying to be an employee, a volunteer or consultant, which\nshall include but not be limited to the following requirements: that the\napplicant set forth his or her employment history, provide personal and\nemployment references and relevant experiential and educational\ninformation, and sign a sworn statement indicating whether the\napplicant, to the best of his or her knowledge, has ever been convicted\nof a crime in this state or any other jurisdiction;\n (ii) establishing, for employees, relevant minimal experiential and\neducational qualifications, consistent with appropriate collective\nbargaining agreements and applicable provisions of the civil service\nlaw;\n (iii) assuring adequate and appropriate supervision of employees,\nvolunteers and consultants;\n (iv) demonstrating by a residential facility or program that\nappropriate action is taken to assure the safety of the child who is\nalleged to have been subjected to a reportable incident in a report to\nthe vulnerable persons' central register in accordance with section four\nhundred ninety-two of the social services law as well as other children\nin care, immediately upon notification that such a report of an\nallegation of a reportable incident has been made;\n (v) removing a child when it is determined that there is risk to such\nchild if he or she continues to remain within a facility or program; and\n (vi) appropriate preventive and remedial action to be taken including\nlegal actions, consistent with appropriate collective bargaining\nagreements and applicable provisions of the civil service law.\n Such standards shall also establish as a priority requirements that:\n(A) subject to the amounts appropriated therefor, administrators,\nemployees, volunteers and consultants receive training in at least the\nfollowing: child abuse prevention and identification, safety and\nsecurity procedures, the principles of child development, the\ncharacteristics of children in care and techniques of group and child\nmanagement including crisis intervention, the laws, regulations and\nprocedures governing the protection of children from reportable\nincidents, and other appropriate topics, provided however, that the\ndepartment may exempt administrators and consultants from such\nrequirements upon demonstration of substantially equivalent knowledge or\nexperience; and\n (B) subject to the amounts appropriated therefor, children receive\ninstruction, consistent with their age, needs and circumstances as well\nas the needs and circumstances of the facility, in techniques and\nprocedures which will enable such children to protect themselves from\nreportable incidents.\n The department shall take all reasonable and necessary actions to\nassure that employees, volunteers and consultants in residential\nfacilities and programs are kept apprised on a current basis of all\ndepartment policies and procedures relating to the protection of\nchildren from reportable incidents and shall monitor and supervise the\nprovision of training to such administrators, employees, volunteers,\nchildren and consultants. Regulations and standards developed pursuant\nto this section shall, to the extent possible, be consistent with those\npromulgated by other state agencies for such purposes;\n (vii) consistent with applicable collective bargaining agreements,\nassuring that an individual who has committed a category one offense, as\ndefined in paragraph (a) of subdivision four of section four hundred\
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