10 NYCRR §69-4.9(c)(1)
, which states if an Early Intervention Official reasonably believes that the Early
Intervention provider is out of compliance with this subpart and/or with the Department’s standards
and procedures on health, safety, and sanitation, or otherwise posing an imminent risk of danger to
children, parents, or staff, the municipality shall take immediate action to ensure the health and safety
of such persons.
10 NYCRR §69-4.9(c)(2) requires that, upon the taking of such action by the municipality, the Early
Intervention Official shall immediately notify the Department, for purposes of the initiation of an
investigation which may result in the suspension, limitation, or revocation of the Early Intervention
service provider in accordance with procedures set forth in Section 69-4.24 of this Subpart.
In addition to complying with EIP Health and Safety Standards, it is the responsibility of EI providers to be
aware of and comply with established regulations, policies, and directives of each federal, state, or local
agency that governs their approval or practice. Facility-based EI providers also licensed by the New York
State Office of Children and Family Services (OCFS) or the New York City Department of Health and
Mental Hygiene (NYCDOHMH), Bureau of Day Care, as day care providers must comply with the Health
and Safety Standards promulgated by their respective licensing agencies. For providers who deliver EI
services at a facility or community-based site that is licensed by OCFS or the NYC Bureau of Day Care,
compliance with health and safety standards imposed by those agencies meets many of the standards
set forth in this document. EI monitoring reviews will focus on EI-related requirements and any other
standards contained in this document that are not assessed by OCFS or the NYC Bureau of Day Care.
If EI services are provided at a location, not within the day care premises, all the standards will be
assessed, as appropriate to the service setting. If an EI provider observes instances of noncompliance
with OCFS or NYC Bureau of Day Care standards, it is recommended that the provider report health and
safety concerns to the respective agency, and the EIO.
In accordance with Social Services Law (SSL) §424-a and §495, the Agency Provider shall conduct a
Staff Exclusion List (SEL) check of potential hires through the New York State Justice Center for the
Protection of People with Special Needs (Justice Center) prior to conducting a Statewide Central
Register (SCR) of Child Abuse and Maltreatment check. The Agency Provider is responsible for
initiating this process with the state’s Justice Center.
Providers shall, in accordance with Social Services Law (SSL) § 424-a, ensure that Statewide Central
Register Database Check Form LDSS-3370 is completed and submitted to the SCR for (i) any person
who is being actively considered for employment, and who will have the potential for regular and
substantial contact with children who receive Early Intervention services; and (ii) any prospective
Individual Provider who will have the potential for regular and substantial contact with children who
receive services. Agency Provider shall complete the SCR database check and must receive an
acceptable response from the SCR prior to authorizing or allowing any person or Individual Provider to
have any unsupervised contact with a child receiving Early Intervention services. If any person about
whom the Agency Provider has made an inquiry is found to be the subject of an indicated report of
child abuse or maltreatment, the Agency Provider must, in accordance with SSL § 424-a, determine,
on the basis of information it has available and in accordance with guidelines developed and
disseminated by the NYS Office of Children and Family Services for child care services, whether to
hire, retain or use the person as an employee, volunteer or contractor or to permit the person providing
goods or services to have access to children being served by the Agency Provider. Whenever a person
is hired, retained, used, or given access to children in the EIP, the Agency Provider must maintain
a written record, as part of the application file or employment or other personnel records of the
applicant, of the specific reason(s) why the person was determined to be appropriate and acceptable
as an employee, volunteer, contractor or provider of goods or services with access to children being
served by the Agency Provider.