Additional Requirements for Camps Enrolling Campers with Disabilities.
24 RCNY § 48.25
in effect§ 48.25 Additional Requirements for Camps Enrolling Campers with Disabilities.
(a) As used in this section, the following terms have the following meanings:
(1) "Developmental disability camp health director" means a physician, physician assistant, nurse practitioner, registered nurse or licensed practical nurse and who must be on-site for the period the camp is in operation.
(2) "Justice Center" means the Justice Center for the Protection of People with Special Needs, as established pursuant to § 551 of the NYS Executive Law.
(3) Reportable incidents include, but are not limited to, the following:
(i) allegations of "Abuse or Neglect", which includes, but is not limited to, those actions by camp staff that:
(A) satisfies the definitions of "physical abuse", "sexual abuse", "psychological abuse", "deliberate inappropriate use of restraints", "use of aversive conditioning", "obstruction of reports of reportable incidents", "unlawful use or administration of controlled substance" and "neglect", as such terms are defined in § 488 of the NYS Social Services Law.
(B) are actions incorporated within the definitions of "unauthorized seclusion," "unauthorized use of time-out," "administration of a prescribed or over-the-counter medication, which is inconsistent with a prescription or order issued by a licensed, qualified health care practitioner, and which has an adverse effect," and "inappropriate use of restraints," as such terms are defined in § 488 of the NYS Social Services Law.
(ii) allegations of a "Significant Incident", which means an incident (other than an incident of abuse or neglect as defined by clause (i) of paragraph (3) of this subdivision) that because of its severity or the sensitivity of the situation may result in, or has a reasonably foreseeable potential to result in, harm to the health, safety, or welfare of a camper with a developmental disability. A significant incident includes, but is not limited to:
(A) conduct between campers with developmental disabilities that would constitute abuse, as defined in this subdivision, if it had been conducted by a camp staff member; or
(B) conduct by a camp staff member which is inconsistent with the individual treatment plan for a camper with a developmental disability, generally accepted treatment practices and/or applicable federal or state laws, regulations or policies, or impairs or creates a reasonably foreseeable potential to impair the health, safety or welfare of a camper with a developmental disability.
(4) "Personal representative" means a camper's parent, guardian, or person authorized to act on behalf of a camper with a developmental disability in making health care decisions.
(b) Staff and supervision requirements.
(1) The camp director, who may also be the camp operator, must possess a bachelor's degree from an accredited program in the field of physical education, recreation, education, social work, psychology, rehabilitation or related human services fields and must present evidence of specialized training or 1 year of experience in treating or working with individuals with a developmental disability.
(2) A camp director does not have to meet the requirements of paragraph (1) of this subdivision if:
(i) The individual was a camp director for a camp for developmentally disabled campers during each of the 3 camping seasons preceding the 1986 camping season; and
(ii) Conditions at the camp did not threaten the health or safety of campers during that person's tenure as camp director; and
(iii) The individual otherwise meets the minimum qualifications for a camp director, as set forth in 24 RCNY Health Code § 48.09.
(3) The camp director, or any camp staff, must not be on the Justice Center Staff Exclusion List (SEL) established pursuant to § 495 of the NYS Social Services Law.
(4) The camp director must develop a written staff training program appropriate to the specific needs of the campers with developmental disability enrolled in the camp.
(5) Camp staff providing direct care of a camper with a developmental disability must be trained on the specific needs of the campers in their charge.
(c) Medical requirements.
(1) Prior to or at enrollment, a camp director must obtain existing individual treatment, care and behavioral plans for campers with a disability, which must be maintained, reviewed and monitored by the developmental disability camp health director.
(2) The developmental disability camp health director must ensure that camp staff implement adequate procedures to protect the health and safety of a camper based on the treatment plan provided and, when necessary, in consultation with an individual's parent, guardian, personal representative, physician and/or clinical team.
(3) Modified diets, use of any specialized devices and/or other special needs related to a camper's disability, must be identified for each camper prior to arrival at camp, and provided for in accordance with supplied directions, and reviewed and monitored by the developmental disability camp health director.
(4) The confidential medical history for a camper with a disability must, in addition to the requirements of 24 RCNY Health Code § 48.17, include:
(i) Any restrictions, allergies, medications, special dietary needs, and other pre-existing medical, physical or psychological conditions and illnesses needing attention.
(ii) The camper's physician's name, address and telephone number.
(d) Recreational safety.
(1) All appropriate recreational activities must be accessible by providing ramps, proper surfaces for movement, and/or adaptive equipment.
(2) The minimum counselor-to-camper ratio who use a wheelchair, adaptive equipment or bracing to achieve ambulation, but who do not possess, for whatever reason, the ability to fit, secure or independently manipulate such devices to achieve ambulation, shall be 1:2.
(3) The minimum counselor-to-camper ratio during swimming pool and bathing beach activities shall be 1 counselor for each camper who is non-ambulatory or has a disability identified by the camper's parents, guardian, physician or residential care provider that may result in an increased risk of an emergency in the water, such as uncontrolled epilepsy.
(4) The minimum counselor-to-camper ratio during swimming pool and bathing beach activities shall be 1 staff member for every 5 campers with a developmental disability not designated in paragraph (3) of this subdivision.
(5) No camper with a developmental disability can participate in swimming activities unless a written permission statement signed by the camper's parent, guardian or residential care provider is on file at the camp.
(6) The camp safety plan approved under 24 RCNY Health Code § 48.11 must contain a procedure to address the handling of seizures, gag syndrome, and aspiration of water for campers with developmental disabilities. All bathing beach and swimming pool staff must be trained to implement the procedure prior to the date the camp begins operation. In-service training using this procedure must be conducted and documented every 2 weeks after the commencement of the camp's operation or as otherwise approved by the Department in the camp's safety plan.
(e) Transportation.
(1) A camp serving wheelchair-bound campers must provide an adequately-equipped vehicle for transportation.
(2) There shall be at least 1 counselor in addition to the driver in any vehicle transporting campers with a developmental disability or as provided in the camp safety plan approved under 24 RCNY Health Code § 48.11.
(f) Toilets, privies, lavatories, showers. All lavatories and showers used by a camper with a disability must be equipped with specialized fixtures, grab bars or other controls appropriate for the camper's disability. Lavatories and showers used by campers with physical, intellectual or developmental disabilities, who are unable to moderate water temperature safely, must have a water temperature not greater than 110 degrees Fahrenheit.
(g) Sleeping quarters.
(1) Buildings housing non-ambulatory or wheelchair-bound campers must have ramps constructed in accordance with the NYS Fire Prevention and Building Code (19 NYCRR Chapter XXXIII, Subchapter A, Part 1219) to facilitate access and egress and must maintain a minimum 36 inch wide clear path to exits if 2 ramps are provided, or a 60 inch wide clear path when only 1 ramp is provided.
(2) Non-ambulatory campers must not have their sleeping accommodations above the ground floor.
(h) Location and grounds. Exterior paths of travel must be free of encumbrances and provide an appropriate surface for movement during inclement weather as appropriate for the camp population being served.
(i) Incident reporting. In addition to reporting incidents as required by this Article, all camp staff must immediately report any incident involving a camper with a developmental disability to the camp director, the Department and to the Justice Center's Vulnerable Person's Central Register (VPCR). Such report must be provided in a form and manner as required by the Department and the Justice Center.
(j) Immediate protections and notifications. Immediately upon notification of an allegation of abuse, neglect or significant incident as defined in 24 RCNY Health Code § 48.25(a)(3), the camp director or designee must ensure appropriate actions are taken to immediately address the physical and psychological needs of the camper(s) involved, implement protections to ensure the safety and mitigate further risk to campers and document such actions and implementations.
(k) The camp director or designee must notify a camper with a developmental disability and the camper's personal representative that the camper is an alleged victim or potential witness of an incident of abuse or neglect.
(1) Alleged victims must be notified within 24 hours and potential witnesses must be notified within 48 hours of reporting to the camp director or designee and to the Department, that an incident of abuse or neglect has been accepted by the Justice Center for investigation.
(2) There shall be no notification of a personal representative if the alleged victim or potential witness objects to such notification or if providing such notification would compromise the investigation, violate relevant confidentiality laws, be contrary to court order, or otherwise contrary to the best interests of the alleged victim or the potential witness.
(l) Camp staff must document in writing that notice of an incident (as described in subdivision (k)) was given or that adequate effort to make such notification was made for each camper.
(m) Staff screening, training and code of conduct.
(1) Prior to hiring anyone who will or may have direct contact with campers, or approving credentials for any camp staff, the camp director must follow the procedures established by the Justice Center in its regulations or policy, to verify that such person is not on the SEL.
(2) Prior to hiring anyone who will or may have direct contact with campers, the camp director must consult the NYS Office of Children and Family Services' Statewide Central Register of Child Abuse and Maltreatment (SCR) as required by § 424-a of the NYS Social Services Law to verify that such person is not on such registry.
(3) The screenings required by paragraphs (1) and (2) of this subdivision are in addition to the requirement that the camp director similarly verify that any prospective camp staff is not on the sex offender registry, as required by 24 RCNY Health Code § 48.09(m)(3).
(4) A camp director must ensure that camp staff receive training regarding their mandated reporting obligations as mandated reporters as defined by Article 11 of the NYS Social Services Law. A camp director must ensure that the telephone number for the Justice Center's VPCR hotline for the reporting of reportable incidents is conspicuously displayed in areas accessible to mandated reporters and campers.
(5) The camp director must ensure that all camp staff are provided with a copy of the code of conduct established by the Justice Center pursuant to § 554 of Executive Law. Such code of conduct must be provided at the time of initial employment, and at least annually thereafter during the term of employment. Receipt of the code of conduct must be acknowledged and the recipient must further acknowledge that he or she has read and understands such code of conduct.
(n) Disclosure of information.
(1) Except as prohibited by law, the camp director must share information relevant to the investigation of any incident subject to reporting under this Article with the Department and the Justice Center. Except as prohibited by law, the Department and the Justice Center may share information obtained in their respective investigations of incidents.
(2) Except as prohibited by law, records of facilities or provider agencies not otherwise subject to Article 6 of the NYS Public Officers Law must be made available for public inspection and copying, when such records relate to abuse and neglect, or a significant incident of developmentally-disabled persons, to the same extent that those records would be available from a state agency, as defined in such Article.
(o) Incident management.
(1) The camp director must promptly obtain an appropriate medical examination of a physically injured camper with a developmental disability.
(2) The camp director must fully cooperate with the investigation of reportable incidents involving campers with developmental disabilities and must provide all necessary information and access to conduct the investigation. The camp director must provide information, whether obtained pursuant to the investigation or otherwise, to the Justice Center and Department upon request, in the form and manner requested. Such information must be provided when requested by the Justice Center or Department or other applicable investigator.
(3) At the conclusion of any investigation of an alleged reportable incident, the camp director must:
(i) Assess the need for corrective actions;
(ii) Report corrective actions to the Department within 45 days of the conclusion of an investigation; and
(iii) Implement corrective actions identified by the camp, or required by the Department or the Justice Center.
(iv) Corrective action plans must be implemented as soon as possible but no later than 90 days of the completion of an investigation, unless the camp has closed for the season. If closed for the season, corrective action plans must be implemented when the camp reopens.
(p) Incident review committee.
(1) Unless as provided by paragraph (2) of this subdivision, a camp must maintain a facility incident review committee in accordance with 14 NYCRR Part 704.
(2) Pursuant to paragraph (f) of subdivision (1) of § 490 of the Social Services Law and 14 NYCRR Part 704, a camp director may seek an exemption from the Department from the requirement to establish and maintain an incident review committee.
(i) In order to obtain an exemption, the camp director must file an application with the Department and provide sufficient documentation and information to demonstrate that compliance would present undue hardship, that granting an exemption would not create an undue risk of harm to campers' health and safety and specify an alternative process to ensure appropriate review and evaluation of reportable incidents.
(ii) If approved by the Department, a camp director must meet all terms of an approved exemption(s). An exemption shall remain in effect until revoked by the Department. A camp director must immediately notify the Department when conditions upon which the incident review committee exemption was granted have changed.
(q) In addition to all other bases afforded to the Department to deny, suspend or revoke a permit as specified in this Code, a camp permit may be denied, revoked or suspended if the camp fails to comply with regulations, policies, or other applicable requirements of the Justice Center, as determined by the Department. In considering whether to issue a permit to a camp, the Department shall consider the camp's past and current compliance with the regulations, policies, or other requirements of the Justice Center.
(Amended City Record 12/26/2019, eff. 1/25/2020)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-125118Fetched: 10/24/2026