§ 462. Responsibility for standards. 1. (a) The office of children and\nfamily services shall promulgate regulations concerning standards of\ncare and treatment and fiscal, administrative, nutritional,\narchitectural and safety standards, consistent with the provisions of\nsection three hundred ninety-eight-a of this chapter, which shall apply\nto all facilities exercising care or custody of children or providing\ncare or shelter to unmarried mothers.\n (b) With respect to facilities exercising care or custody of children,\nno license or operating certificate shall be provided or renewed unless\nit can be demonstrated that such facilities comply with regulations for\nthe prevention and remediation of reportable incidents involving\nchildren in such facilities, including procedures for:\n (i) consistent with appropriate collective bargaining agreements and\napplicable provisions of the civil service law, assisting the justice\ncenter for the protection of people with special needs with its review\nand evaluation of criminal background checks of prospective employees,\nas set forth in subdivision five of section five hundred fifty-three of\nthe executive law;\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\nreported pursuant to article eleven of this chapter to the vulnerable\npersons' central register as well as other children in care, immediately\nupon notification that a report of a reportable incident has been made\nwith respect to a child in such facility or program;\n (v) consistent with applicable collective bargaining agreements,\nassuring that an individual who has committed a category one offense, as\ndefined in paragraph (a) of subdivision five of section four hundred\nninety-three of this chapter, that is included on the vulnerable\npersons' central register is not hired or otherwise used in any position\nin which such individual would have regular and substantial contact with\na service recipient in any program operated, licensed or certified by\nthe office;\n (vi) removing a child, consistent as applicable with any court order\nplacing the child, when it is determined that there is risk to such\nchild if he or she continues to remain within a facility or program;\n (vii) 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 (c) With respect to facilities exercising care or custody of children\nsuch standards shall establish as a priority that:\n (i) 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 abuse and neglect,\nand other appropriate topics, provided however, that the office may\nexempt administrators and consultants of such facilities or programs\nfrom such requirements upon demonstration of substantially equivalent\nknowledge or experience; and\n (ii) subject to the amounts appropriated therefor, children receive\ninstruction, consistent with their age, needs and circumstances as well\nas the needs and circumstances within the facility or program, in\ntechniques and procedures which will enable such children to advocate\nfor and protect themselves from reportable incide
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