Bill Text: NY A02298 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires nursery school operators providing service to more than three preschool children of 5 years of age or less for three hours or less per day per child to file with the office of children and family services; requires nursery schools to fingerprint applicants for the purpose of a search of criminal history records of the division of criminal justice services.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2020-01-08 - referred to children and families [A02298 Detail]

Download: New_York-2019-A02298-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2298
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by  M. of A. GUNTHER, JAFFEE, ZEBROWSKI, MONTESANO -- Multi-
          Sponsored by -- M. of A. McDONOUGH, RIVERA -- read once  and  referred
          to the Committee on Children and Families
        AN ACT to amend the social services law, in relation to requiring filing
          with  the  office  of  children  and family services by nursery school
          operators and authorizing certain nursery schools  to  submit  finger-
          prints  of  applicants for the purpose of a search of criminal history
          records of the division of criminal justice services
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 390 of the social services law, as added by chapter
     2  750  of the laws of 1990, paragraphs (d) and (e) of subdivision 1, para-
     3  graph (a) and clause (A) of subparagraph (ii) of paragraph (d) of subdi-
     4  vision 2, paragraph (b) of subdivision 3, paragraph (c)  of  subdivision
     5  11  and  paragraph (a) of subdivision 12 as amended and paragraph (e) of
     6  subdivision 11 as added by chapter 117 of the  laws  of  2010,  subpara-
     7  graphs  (i)  and (ii) of paragraph (d) of subdivision 2, paragraphs (a),
     8  (c) and (d) of subdivision 3, paragraph (a) of subdivision  4,  subdivi-
     9  sion  10,  paragraphs (a) and (b) of subdivision 11 as amended, subdivi-
    10  sion 2-a and paragraph (d) of subdivision 11 as added and paragraphs (e)
    11  and (f) of subdivision 3 as relettered by chapter 416  of  the  laws  of
    12  2000,  paragraph  (a)  of subdivision 7 and subdivision 13 as amended by
    13  chapter 160 of the laws of 2003, paragraph  (b)  of  subdivision  12  as
    14  added  by  chapter 319 of the laws of 2006, and as relettered by chapter
    15  117 of the laws of 2010, and subdivision 8-a, as added by chapter 354 of
    16  the laws of 2009, is amended to read as follows:
    17    § 390. Child day care and nursery schools; license [or],  registration
    18  or filing required. 1. Definitions.  (a) (i) "Child day care" shall mean
    19  care for a child on a regular basis provided away from the child's resi-
    20  dence  for less than twenty-four hours per day by someone other than the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01826-01-9

        A. 2298                             2
     1  parent, step-parent, guardian, or relative within the  third  degree  of
     2  consanguinity of the parents or step-parents of such child.
     3    (ii) Child day care shall not refer to care provided in:
     4    (A) a day camp, as defined in the state sanitary code;
     5    (B)  an  after-school  program  operated  for the purpose of religious
     6  education, sports, or recreation;
     7    (C) a facility:
     8    (1) providing day services under an operating  certificate  issued  by
     9  the [department] office;
    10    (2)  providing  day treatment under an operating certificate issued by
    11  the office of mental health or office [of mental  retardation  and]  for
    12  people with developmental disabilities; or
    13    (D)  a kindergarten, pre-kindergarten, [or nursery school for children
    14  three years of age or older,] or after-school program for children oper-
    15  ated by a public school district or by a private school or academy which
    16  is providing elementary or secondary education or  both,  in  accordance
    17  with  the  compulsory  education  requirements  of  the  education  law,
    18  provided that the kindergarten,  pre-kindergarten,  nursery  school,  or
    19  after  school  program  is  located  on the premises or campus where the
    20  elementary or secondary education is provided.
    21    (b) "Child day care provider" shall mean any individual,  association,
    22  corporation, partnership, institution or agency whose activities include
    23  providing child day care or operating a home or facility where child day
    24  care is provided.
    25    (c)  "Child day care center" shall mean any program or facility caring
    26  for children for more than three hours per day per child in which  child
    27  day  care is provided by a child day care provider except those programs
    28  operating as a group family day care home as such  term  is  defined  in
    29  paragraph  (d) of this subdivision, a family day care home, as such term
    30  is defined in paragraph (e) of this subdivision, and a school-age  child
    31  care  program, as such term is defined in paragraph (f) of this subdivi-
    32  sion.
    33    (d) "Group family day care home" shall mean a program caring for chil-
    34  dren for more than three hours per day per child in which child day care
    35  is provided in a family home for seven to twelve children of  all  ages,
    36  except  for  those programs operating as a family day care home, as such
    37  term is defined in paragraph (e) of this  subdivision,  which  care  for
    38  seven  or  eight  children. A group family day care provider may provide
    39  child day care services to four additional children if  such  additional
    40  children  are  of  school  age  and  such children receive services only
    41  before or after the period such children are  ordinarily  in  school  or
    42  during school lunch periods, or school holidays, or during those periods
    43  of  the year in which school is not in session. There shall be one care-
    44  giver for every two children under two years of age in the group  family
    45  home.  A  group family day care home must have at least one assistant to
    46  the operator present when child day care is being provided to  seven  or
    47  more  children when none of the children are school age, or nine or more
    48  children when at least two of the children are school age and such chil-
    49  dren receive services only before or after the period such children  are
    50  ordinarily in school or during school lunch periods, or school holidays,
    51  or  during  those periods of the year in which school is not in session.
    52  This assistant shall be selected by the group family day  care  operator
    53  and  shall  meet the qualifications established for such position by the
    54  regulations of the office of children and family services.
    55    (e) "Family day care home" shall mean a program  caring  for  children
    56  for  more  than three hours per day per child in which child day care is

        A. 2298                             3
     1  provided in a family home for three to six children. There shall be  one
     2  caregiver  for  every  two children under two years of age in the family
     3  day care home. A family day care provider may, however, care  for  seven
     4  or  eight  children  at any one time if no more than six of the children
     5  are less than school age  and  the  school-aged  children  receive  care
     6  primarily  before  or  after  the period such children are ordinarily in
     7  school, during school lunch periods, on school holidays, or during those
     8  periods of the year in which school is not in session in accordance with
     9  the regulations of the office of children and family  services  and  the
    10  office  inspects  such  home  to determine whether the provider can care
    11  adequately for seven or eight children.
    12    (f) "School age child care" shall mean a program caring for more  than
    13  six  school-aged children who are under thirteen years of age or who are
    14  incapable of caring for themselves. Such programs shall be in  operation
    15  consistent  with  the  local  school  calendar.  School  age  child care
    16  programs shall offer care during the school year to an enrolled group of
    17  children at a  permanent  site  before  or  after  the  period  children
    18  enrolled in such program are ordinarily in school or during school lunch
    19  periods  and  may  also  provide  such care on school holidays and those
    20  periods of the year in which school is not in session.
    21    (g) "Nursery school" shall mean any program or facility operated by an
    22  individual, association, corporation, partnership, institution, or agen-
    23  cy, not including the parent, stepparent, guardian, or  relative  within
    24  the  third  degree  of  consanguinity,  which provides early care and/or
    25  education to three or more preschool children for three  or  less  hours
    26  per  day  per child. More than one adult shall be available at all times
    27  when children are present at a nursery school program.
    28    (h) "Preschool child" shall mean a child of five years of age or less.
    29    (i) "Office" shall mean the office of children and family services.
    30    2.  (a) Child day care centers caring for seven or more  children  and
    31  group  family  day  care programs, as defined in subdivision one of this
    32  section, shall obtain a license from the office of children  and  family
    33  services  and shall operate in accordance with the terms of such license
    34  and the regulations of such office. Initial licenses shall be valid  for
    35  a  period  of  up to two years; subsequent licenses shall be valid for a
    36  period of up to four years so long as the provider remains substantially
    37  in compliance with applicable law and regulations during such period.
    38    (b) Family day care homes, child day care centers caring for at  least
    39  three  but fewer than seven children, and school-age child care programs
    40  shall register with the [department] office and shall operate in compli-
    41  ance with the regulations of the [department] office.
    42    (b-1) Nursery schools caring for at least three  children  shall  file
    43  with  the office and shall operate in compliance with the regulations of
    44  the office.
    45    (c) Any child day care provider  not  required  to  obtain  a  license
    46  pursuant  to  paragraph  (a) of this subdivision or to register with the
    47  [department] office pursuant to paragraph (b) of  this  subdivision  may
    48  register with the [department] office.
    49    (d)  (i) The office [of children and family services] shall promulgate
    50  regulations for licensure and for registration of  child  day  care  and
    51  filing  for  nursery  schools  pursuant  to this section. Procedures for
    52  obtaining a license or registration or renewing a license shall  include
    53  a satisfactory inspection of the facility by the office [of children and
    54  family  services]  prior  to  issuance of the license or registration or
    55  renewal of the license.

        A. 2298                             4
     1    (ii) (A) Initial registrations shall be valid for a period  of  up  to
     2  two years, subsequent registrations shall be valid for a period of up to
     3  four  years  so long as the provider remains substantially in compliance
     4  with applicable law and regulations during such period.
     5    (B)  After  initial  registration  by the child day care provider, the
     6  office [of children and family services] shall not accept any subsequent
     7  registration by such provider, unless:
     8    (1) such provider has met  the  training  requirements  set  forth  in
     9  section three hundred ninety-a of this title;
    10    (2)  such  provider  has met the requirements of section three hundred
    11  ninety-b of this title relating to criminal history screening;
    12    (3) such provider has complied with the requirements of  section  four
    13  hundred twenty-four-a of this article; and
    14    (4)  the  office  [of  children  and  family services] has received no
    15  complaints about the home, center,  or  program  alleging  statutory  or
    16  regulatory  violations,  or, having received such complaints, the office
    17  [of children and  family  services]  has  determined,  after  inspection
    18  pursuant to paragraph (a) of subdivision three of this section, that the
    19  home, center, or program is operated in compliance with applicable stat-
    20  utory and regulatory requirements.
    21    (C)  Where the office [of children and family services] has determined
    22  that a registration should not be continued because the requirements  of
    23  clause  (B) of this subparagraph have not been satisfied, the office [of
    24  children and family services] may terminate  the  registration.  If  the
    25  office  [of  children and family services] does not terminate the regis-
    26  tration, the office [of children and family services] shall inspect  the
    27  home or program before acknowledging any subsequent registration.  Where
    28  the home or program has failed to meet the requirements of this section,
    29  the  office  [of children and family services] may reject any subsequent
    30  registration of a provider. Nothing herein shall prohibit the office [of
    31  children and family services] from terminating or  suspending  registra-
    32  tion  pursuant  to  subdivision ten of this section where the office [of
    33  children and family services] determines that termination or  suspension
    34  is necessary.
    35    (iv)  Child day care providers who have been issued a license or nurs-
    36  ery school operators who have filed with the office shall openly display
    37  such license or office verification of the filing  in  the  facility  or
    38  home for which the license or filing is issued. Child day care providers
    39  who  have registered or filed with the [department] office shall provide
    40  proof of registration or filing upon request.
    41    (e) Notwithstanding any other provision of this section, where a child
    42  is cared for by a parent, guardian or relative within the  third  degree
    43  of  consanguinity of the parent of such child and such person simultane-
    44  ously provides child day care for other children, only the  other  chil-
    45  dren  shall  be  considered  in  determining whether such person must be
    46  registered, filed or licensed, provided that such person is not  caring,
    47  in total, for more than eight children.
    48    2-a. (a) The office [of children and family services] shall promulgate
    49  regulations  which  establish  minimum  quality program requirements for
    50  licensed and registered child day care homes, programs  and  facilities.
    51  Such  requirements  shall include but not be limited to (i) the need for
    52  age appropriate activities, materials and equipment  to  promote  cogni-
    53  tive,  educational,  social, cultural, physical, emotional, language and
    54  recreational development of children in care  in  a  safe,  healthy  and
    55  caring environment (ii) principles of childhood development (iii) appro-
    56  priate  staff/child  ratios  for family day care homes, group family day

        A. 2298                             5
     1  care homes, school age day care programs and day care centers,  provided
     2  however  that  such  staff/child ratios shall not be less stringent than
     3  applicable staff/child ratios as set forth in part  four  hundred  four-
     4  teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
     5  teen  of title eighteen of the New York code of rules and regulations as
     6  of January first, two thousand (iv) appropriate levels of supervision of
     7  children in care (v) minimum standards for sanitation, health, infection
     8  control, nutrition, buildings and  equipment,  safety,  security  proce-
     9  dures,  first  aid,  fire  prevention, fire safety, evacuation plans and
    10  drills, prevention of child abuse and maltreatment, staff qualifications
    11  and training, record keeping, and child behavior management.
    12    (b) The use of electronic monitors as a sole means of  supervision  of
    13  children  in  day care shall be prohibited, except that electronic moni-
    14  tors may be used in family day care homes  and  group  family  day  care
    15  homes as an indirect means of supervision where the parents of any child
    16  to  be  supervised have agreed in advance to the use of such monitors as
    17  an indirect means of  supervision  and  the  use  of  such  monitors  is
    18  restricted to situations where the children so supervised are sleeping.
    19    (c) No child less than six weeks of age may be cared for by a licensed
    20  or  registered  day  care  provider, except in extenuating circumstances
    21  where prior approval for care of such children has  been  given  by  the
    22  office  [of children and family services]. Extenuating circumstances for
    23  the purposes of this section shall include but not  be  limited  to  the
    24  medical or health needs of the parent or child, or the economic hardship
    25  of the parent.
    26    3. (a) The office [of children and family services] may make announced
    27  or  unannounced inspections of the records and premises of any child day
    28  care provider, whether or not such provider has a license  from,  or  is
    29  registered  with,  the  office  [of  children  and family services]. The
    30  office  [of  children  and  family  services]  shall  make   unannounced
    31  inspections  of  the records and premises of any child day care provider
    32  or nursery school operator within fifteen  days  after  the  office  [of
    33  children  and family services] receives a complaint that, if true, would
    34  indicate such provider or operator does not comply with the  regulations
    35  of  the  office  [of  children  and  family  services] or with statutory
    36  requirements. If the complaint indicates  that  there  may  be  imminent
    37  danger  to  the  children,  the office [of children and family services]
    38  shall investigate the complaint no later than the next day of  operation
    39  of  the  provider  or  operator.  The  office  [of  children  and family
    40  services] may provide for inspections through the purchase of services.
    41    (b) Where inspections have been  made  and  violations  of  applicable
    42  statutes  or  regulations  have  been found, the office [of children and
    43  family services] shall within ten days advise the child day care provid-
    44  er or operator in writing of the violations and require the provider  to
    45  correct  such  violations.  The office [of children and family services]
    46  may also act pursuant to subdivisions ten and eleven of this section.
    47    (c) (i) The office [of children and family services] shall establish a
    48  toll-free statewide telephone number to receive  inquiries  about  child
    49  day  care homes, programs and facilities and complaints of violations of
    50  the requirements of this section or regulations promulgated  under  this
    51  section.  The  office  [of children and family services] shall develop a
    52  system for  investigation,  which  shall  include  inspection,  of  such
    53  complaints. The office [of children and family services] may provide for
    54  such  investigations  through purchase of services. The office [of chil-
    55  dren and family services] shall develop a process for  publicizing  such

        A. 2298                             6
     1  toll-free  telephone  number  to  the  public  for  making  inquiries or
     2  complaints about child day care homes, programs or facilities.
     3    (ii)  Information to be maintained and available to the public through
     4  such toll-free telephone number shall include, but not be limited to:
     5    (A) current license and registration status of child day  care  homes,
     6  programs  and  facilities including whether a license or registration is
     7  in effect or has been revoked or suspended; and
     8    (B) child care  resource  and  referral  programs  providing  services
     9  pursuant  to  title  five-B of this article and other resources known to
    10  the office [of children and family services] which relate to  child  day
    11  care homes, programs and facilities in the state.
    12    (iii)  Upon  written  request  identifying a particular child day care
    13  home, program or facility, the office [of children and family  services]
    14  shall  provide  the information set forth below. The office [of children
    15  and family services] may charge reasonable fees for copies of  documents
    16  provided,  consistent  with  the provisions of article six of the public
    17  officers law. The information available pursuant to  this  clause  shall
    18  be:
    19    (A)  the results of the most recent inspection for licensure or regis-
    20  tration and any subsequent inspections by the office  [of  children  and
    21  family services];
    22    (B) complaints filed against child day care homes, programs or facili-
    23  ties  which  describes  the  nature  of the complaint and states how the
    24  complaint was resolved, including the status of the office [of  children
    25  and  family  services]  investigation,  the  steps  taken to rectify the
    26  complaint, and the penalty, if any, imposed; and
    27    (C) child day care homes, programs or facilities which have  requested
    28  or  received  a  waiver  from any applicable rule or regulation, and the
    29  regulatory requirement which was waived.
    30    (iv) Nothing in this paragraph shall be construed to require or permit
    31  the disclosure either orally or in writing of any  information  that  is
    32  confidential pursuant to law.
    33    (d)  Where  investigation  or inspection reveals that a child day care
    34  provider which must be licensed or registered is  not,  the  office  [of
    35  children  and  family services] shall advise the child day care provider
    36  in writing that the provider is in violation of the licensing or  regis-
    37  tration  requirements and shall take such further action as is necessary
    38  to cause the provider to comply with the  law,  including  directing  an
    39  unlicensed or unregistered provider to cease operation. In addition, the
    40  office  [of  children and family services] shall require the provider to
    41  notify the parents or guardians of  children  receiving  care  from  the
    42  provider that the provider is in violation of the licensing or registra-
    43  tion  requirements  and  shall require the provider to notify the office
    44  [of children and family services] that the provider has done  so.    Any
    45  provider  who is directed to cease operations pursuant to this paragraph
    46  shall be entitled to a hearing before the office [of children and family
    47  services]. If the provider requests a hearing to contest  the  directive
    48  to  cease operations, such hearing must be scheduled to commence as soon
    49  as possible but in no event later than thirty days after the receipt  of
    50  the request by the office [of children and family services]. The provid-
    51  er  may  not operate the center, home or program after being directed to
    52  cease operations, regardless of whether a hearing is requested.  If  the
    53  provider  does  not cease operations, the office [of children and family
    54  services] may impose a civil penalty pursuant to subdivision  eleven  of
    55  this section, seek an injunction pursuant to section three hundred nine-
    56  ty-one of this title, or both.

        A. 2298                             7
     1    (e)  (i)  Where  an  authorized  agency  is subsidizing child day care
     2  pursuant to any provision of this chapter,  the  authorized  agency  may
     3  submit  to  the  [department]  office justification for a need to impose
     4  additional requirements upon child day care  providers  and  a  plan  to
     5  monitor compliance with such additional requirements. No such additional
     6  requirements  or  monitoring may be imposed without the written approval
     7  of the [department] office.
     8    (ii) An authorized agency may refuse to allow a child day care provid-
     9  er who is not in compliance with this  section  and  regulations  issued
    10  hereunder  or  any  approved  additional  requirements of the authorized
    11  agency to provide child day care to the child. In  accordance  with  the
    12  plan  approved  by  the  [department] office, an authorized agency shall
    13  have the right to make  announced  or  unannounced  inspections  of  the
    14  records  and  premises  of any provider who provides care for such chil-
    15  dren, including the right to make inspections prior to subsidized  chil-
    16  dren receiving care in a home where the inspection is for the purpose of
    17  determining  whether  the  child day care provider is in compliance with
    18  applicable law and regulations and any additional  requirements  imposed
    19  upon  such provider by the authorized agency. Where an authorized agency
    20  makes such inspections, the authorized agency shall notify the  [depart-
    21  ment]  office  immediately  of  any  violations of this section or regu-
    22  lations promulgated hereunder, and shall provide the [department] office
    23  with an inspection report whether or not violations  were  found,  docu-
    24  menting the results of such inspection.
    25    (iii) Nothing contained in this paragraph shall diminish the authority
    26  of  the  department  to  conduct  inspections or provide for inspections
    27  through purchase of services as otherwise provided for in this  section.
    28  Nothing  contained  in  this  paragraph  shall obligate the [department]
    29  office to take any action to enforce any additional requirements imposed
    30  on child day care providers by an authorized agency.
    31    (e-1) (i) Where a complaint is received alleging that a nursery school
    32  operator who is required to file has not done so, the office, within ten
    33  days of receipt of the complaint, shall advise, in writing, the  nursery
    34  school  operator  subject to such complaint, of the filing standards and
    35  requirements, and of the operator's obligation to file if such person is
    36  subject to filing. The office shall further direct the  alleged  nursery
    37  school operator to respond within thirty days of receipt of the office's
    38  letter.  Unless  such nursery school operator files, such response shall
    39  state why the alleged operator is not subject to the filing requirements
    40  of this section.
    41    (ii) Should a nursery school operator  fail  to  file  or  submit  the
    42  response  required by subparagraph (i) of this paragraph within the time
    43  limit therein specified, the office shall take such further action as is
    44  necessary to cause the operator to comply with the law.
    45    (f) Individual local social services districts may alter their partic-
    46  ipation in activities related to arranging for, subsidizing,  delivering
    47  and  monitoring  the  provision  of  subsidized child day care provided,
    48  however, that the total participation of an individual district  in  all
    49  activities  related  to the provision of subsidized child day care shall
    50  be no less than the participation level engaged in  by  such  individual
    51  district on the effective date of this section.
    52    4. (a) The office [of children and family services] on an annual basis
    53  shall  inspect at least twenty percent of all registered family day care
    54  homes, registered child day care centers, nursery schools filed with the
    55  office and registered school age child care programs to determine wheth-
    56  er such homes, centers and programs are  operating  in  compliance  with

        A. 2298                             8
     1  applicable  statutes and regulations. The office [of children and family
     2  services] shall increase the percentage of family day care homes,  child
     3  day  care centers and school age child care programs which are inspected
     4  pursuant  to  this subdivision as follows: to at least thirty percent by
     5  the thirty-first of December two thousand; and to at least fifty percent
     6  by the thirty-first of December two thousand one. The office  [of  chil-
     7  dren  and  family  services]  may  provide  for such inspections through
     8  purchase of services. Priority shall be given to family day  care  homes
     9  which  have  never been licensed or certified prior to initial registra-
    10  tion.
    11    (b) Any  family  day  care  home  or  school-age  child  care  program
    12  licensed,  registered, or certified by the [department] office or by any
    13  authorized agency on the effective date of this section shall be  deemed
    14  registered  until  the expiration of its then-current license or certif-
    15  icate unless such license or certificate is suspended or revoked  pursu-
    16  ant  to  subdivision  ten  of  this  section.  Family day care homes and
    17  school-age child care programs not licensed, registered, or certified on
    18  the effective date of this section shall register pursuant  to  subdivi-
    19  sion two of this section.
    20    5.  Child  day  care  providers  required  to  have a license from the
    21  [department] office or to be registered  with  the  [department]  office
    22  pursuant  to  this  section  shall  not  be exempt from such requirement
    23  through registration with another state agency, or certification, regis-
    24  tration, or licensure by any local governmental agency or any authorized
    25  agency.
    26    6. Unless otherwise limited by law, a parent with legal custody  or  a
    27  legal  guardian  of  any  child  in  a child day care program or nursery
    28  school shall have unlimited and on demand access to such child or  ward.
    29  Such parent or guardian unless otherwise limited by law, also shall have
    30  the right to inspect on demand during its hours of operation any area of
    31  a  child  day  care center, group family day care home, school-age child
    32  care program, or family day care home to which the child or ward of such
    33  parent or guardian has access or which could present  a  hazard  to  the
    34  health and safety of the child or ward.
    35    7.  (a)  The  [department] office shall implement on a statewide basis
    36  programs to educate parents and other potential consumers of  child  day
    37  care  programs  and  nursery  schools about their selection and use. The
    38  [department] office may provide  for  such  implementation  through  the
    39  purchase  of  services. Such education shall include, but not be limited
    40  to, the following topics:
    41    (i) types of child day care programs;
    42    (ii) factors to be considered in selecting and  evaluating  child  day
    43  care programs;
    44    (iii)  regulations  of the [department] office governing the operation
    45  of different types of programs;
    46    (iv) rights of parents or guardians in relation to access to  children
    47  and inspection of child day care programs;
    48    (v)  information  concerning the availability of child day care subsi-
    49  dies;
    50    (vi)  information  about  licensing  [and],  registration  and  filing
    51  requirements;
    52    (vii)  prevention  of  child  abuse and maltreatment in child day care
    53  programs, including screening of child day care providers and employees;
    54    (viii) tax information; and

        A. 2298                             9
     1    (ix) factors to be considered in selecting and  evaluating  child  day
     2  care  programs  when  a child needs administration of medications during
     3  the time enrolled.
     4    (b)  The  [department]  office shall implement a statewide campaign to
     5  educate the public as to the  legal  requirements  for  registration  of
     6  family  day  care  and  school-age  child  care,  the  filing of nursery
     7  schools, and the  benefits  of  such  [registration]  procedures.    The
     8  [department]  office  may  provide  for  such implementation through the
     9  purchase of services. The campaign shall:
    10    (i) use various types of media;
    11    (ii) include the development of public educational materials for fami-
    12  lies, [family day care providers,] employers and community agencies;
    13    (iii) explain the role and functions of child care resource and refer-
    14  ral programs, as such term is used in title five-B of this article;
    15    (iv) explain the role and functions  of  the  [department]  office  in
    16  regard to registered licensed and filed programs; and
    17    (v)  publicize  the [department's] office's toll-free telephone number
    18  for making complaints of violations of  [child  day  care]  requirements
    19  related  to  programs which are required to be licensed [or], registered
    20  or filed.
    21    8. The [department] office shall establish and maintain a list of  all
    22  current  filed,  registered and licensed [child day care] programs and a
    23  list of all programs whose license [or], registration or filing has been
    24  revoked, rejected, terminated, or suspended. Such information  shall  be
    25  available  to  the  public,  pursuant  to  procedures  developed  by the
    26  [department] office.
    27    8-a. The office [of children  and  family  services]  shall  not  make
    28  available to the public online any group family day care home provider's
    29  or  family  day  care  provider's home street address or map showing the
    30  location of such provider's home where such provider  has  requested  to
    31  opt out of the online availability of this information. The office shall
    32  provide a written form informing a provider of their right to opt out of
    33  providing  information  online,  and  shall  also  permit  a provider to
    34  request to opt out through the office's website.
    35    9. The [department] office shall make available, directly  or  through
    36  purchase  of services, to registered [child day care] providers informa-
    37  tion concerning:
    38    (a) liability insurance;
    39    (b) start-up grants;
    40    (c) United States department of agriculture food programs;
    41    (d) subsidies available for child day care;
    42    (e) tax information; and
    43    (f) support services required to be provided by  child  care  resource
    44  and  referral programs as set forth in subdivision three of section four
    45  hundred ten-r of this article.
    46    10. Any home or facility providing child day care shall be operated in
    47  accordance with applicable statutes and regulations.  Any  violation  of
    48  applicable  statutes  or  regulations  shall  be a basis to deny, limit,
    49  suspend, revoke, or terminate a license or registration. Consistent with
    50  articles twenty-three and twenty-three-A  of  the  correction  law,  and
    51  guidelines  referenced  in subdivision two of section four hundred twen-
    52  ty-five of this article, if the office [of children and family services]
    53  is made aware of the existence of a criminal conviction or pending crim-
    54  inal charge concerning an operator of a  family  day  care  home,  group
    55  family  day  care home, school-age child care program, or child day care
    56  center or concerning any assistant, employee or volunteer in such homes,

        A. 2298                            10
     1  programs or centers, or any persons age eighteen or over who  reside  in
     2  such  homes,  such  conviction  or charge may be a basis to deny, limit,
     3  suspend, revoke, reject, or terminate a license or registration.  Before
     4  any  license  issued  pursuant  to  the  provisions  of  this section is
     5  suspended or revoked, before registration pursuant to  this  section  is
     6  suspended  or  terminated,  or  when  an application for such license is
     7  denied or registration rejected, the applicant for  or  holder  of  such
     8  registration  or  license is entitled, pursuant to section twenty-two of
     9  this chapter and the regulations of the office [of children  and  family
    10  services],  to  a  hearing  before  the  office  [of children and family
    11  services]. However, a  license  or  registration  shall  be  temporarily
    12  suspended or limited without a hearing upon written notice to the opera-
    13  tor  of  the  facility following a finding that the public health, or an
    14  individual's safety or welfare, [are] is in imminent danger. The  holder
    15  of  a  license  or registrant is entitled to a hearing before the office
    16  [of children and family services] to contest the temporary suspension or
    17  limitation. If the holder of a license or registrant requests a  hearing
    18  to  contest the temporary suspension or limitation, such hearing must be
    19  scheduled to commence as soon as possible but in  no  event  later  than
    20  thirty  days after the receipt of the request by the office [of children
    21  and family services]. Suspension  shall  continue  until  the  condition
    22  requiring suspension or limitation is corrected or until a hearing deci-
    23  sion  has  been  issued. If the office [of children and family services]
    24  determines after a hearing that the temporary suspension  or  limitation
    25  was  proper,  such  suspension or limitation shall be extended until the
    26  condition requiring suspension or limitation has been corrected or until
    27  the license or registration has been revoked.
    28    11. (a) (i) (A) The office [of children  and  family  services]  shall
    29  adopt  regulations  establishing  civil  penalties  of no more than five
    30  hundred dollars per day to be assessed against child day  care  centers,
    31  school  age  child  care programs, group family day care homes or family
    32  day care homes for violations of this section,  sections  three  hundred
    33  ninety-a  and  three  hundred ninety-b of this title and any regulations
    34  promulgated thereunder. The  regulations  establishing  civil  penalties
    35  shall specify the violations subject to penalty.
    36    (B)  The office shall also adopt regulations establishing civil penal-
    37  ties of no more than two hundred fifty dollars per day  to  be  assessed
    38  against  nursery  school  operators  who operate nursery schools without
    39  having made the filing required by this section.
    40    (ii) The office [of children and family services]  shall  adopt  regu-
    41  lations  establishing  civil  penalties  of  no  more  than five hundred
    42  dollars per day to be assessed against  child  day  care  providers  who
    43  operate  child day care centers or group family day care homes without a
    44  license or who operate family day  care  homes,  school-age  child  care
    45  programs,  or  child  day care centers required to be registered without
    46  obtaining such registration.
    47    (iii) In addition to any other civil or criminal penalty  provided  by
    48  law,  the  office [of children and family services] shall have the power
    49  to assess civil penalties in accordance  with  its  regulations  adopted
    50  pursuant  to  this  subdivision  after a hearing conducted in accordance
    51  with procedures established by regulations of the office of children and
    52  family services. Such procedures shall require that notice of  the  time
    53  and  place  of  the  hearing,  together  with  a statement of charges of
    54  violations, shall be served in person or by certified mail addressed  to
    55  the  school  age  child care program, group family day care home, family
    56  day care home, nursery school operator or child day care center at least

        A. 2298                            11
     1  thirty days prior to the date of the hearing. The statement  of  charges
     2  shall set forth the existence of the violation or violations, the amount
     3  of penalty for which the program may become liable, the steps which must
     4  be  taken  to  rectify  the violation, and where applicable, a statement
     5  that a penalty may be imposed regardless  of  rectification.  A  written
     6  answer  to  the charges of violations shall be filed with the office [of
     7  children and family services] not less than ten days prior to  the  date
     8  of  hearing  with  respect  to each of the charges and shall include all
     9  material and relevant matters which, if not  disclosed  in  the  answer,
    10  would  not  likely  be  known  to  the  office  [of  children and family
    11  services].
    12    (iv) The hearing shall be held by the commissioner of the  office  [of
    13  children and family services] or the commissioner's designee. The burden
    14  of  proof at such hearing shall be on the office [of children and family
    15  services] to show that the charges are supported by a  preponderance  of
    16  the  evidence.  The  commissioner  of the office [of children and family
    17  services] or the commissioner's designee, in his or her discretion,  may
    18  allow the child day care center operator or provider to attempt to prove
    19  by  a  preponderance  of  the  evidence  any  matter not included in the
    20  answer. Where the child day care  provider  satisfactorily  demonstrates
    21  that it has rectified the violations in accordance with the requirements
    22  of paragraph (c) of this subdivision, no penalty shall be imposed except
    23  as provided in paragraph (c) of this subdivision.
    24    (b)(i) In assessing penalties pursuant to this subdivision, the office
    25  [of  children  and family services] may consider the completeness of any
    26  rectification made and the specific circumstances of such violations  as
    27  mitigating factors.
    28    (ii) Upon the request of the office [of children and family services],
    29  the  attorney general shall commence an action in any court of competent
    30  jurisdiction  against  any  child  day  care  program  subject  to   the
    31  provisions  of this subdivision and against any person, entity or corpo-
    32  ration operating such center or school age  child  care  program,  group
    33  family  day  care  home  or family day care home for the recovery of any
    34  penalty assessed by the office [of  children  and  family  services]  in
    35  accordance with the provisions of this subdivision.
    36    (iii)  Any such penalty assessed by the office [of children and family
    37  services] may be released or compromised by the office [of children  and
    38  family  services]  before  the  matter has been referred to the attorney
    39  general; when such matter has been referred  to  the  attorney  general,
    40  such  penalty may be released or compromised and any action commenced to
    41  recover the same may be settled and discontinued by the attorney general
    42  with the consent of the office [of children and family services].
    43    (c)(i) Except as provided for in this  paragraph,  a  child  day  care
    44  provider  shall  avoid  payment  of  a  penalty imposed pursuant to this
    45  subdivision  where  the  provider  has  rectified  the  condition  which
    46  resulted  in the imposition of the penalty within thirty days of notifi-
    47  cation of the existence of the violation of statute or regulation.
    48    (ii) [Clause] Subparagraph  (i)  of  this  paragraph  notwithstanding,
    49  rectification shall not preclude the imposition of a penalty pursuant to
    50  this subdivision where:
    51    (A)  the  child day care provider has operated a child day care center
    52  or group family day care home without a license, has refused to  seek  a
    53  license  for the operation of such a center or home, or has continued to
    54  operate such a center or home after denial  of  a  license  application,
    55  revocation of an existing license or suspension of an existing license;

        A. 2298                            12
     1    (B)  the  child day care provider has operated a family day care home,
     2  school-age child care program or child day care center  required  to  be
     3  registered  without  being  registered, has refused to seek registration
     4  for the operation of such home, program or center or  has  continued  to
     5  operate  such  a  home, program or center after denial of a registration
     6  application, revocation of an existing registration or suspension of  an
     7  existing registration;
     8    (C)  there  has  been a total or substantial failure of the facility's
     9  fire detection or prevention systems or emergency evacuation procedures;
    10    (D) the child day care provider or an assistant, employee or volunteer
    11  or nursery school has failed to provide adequate  and  competent  super-
    12  vision;
    13    (E) the child day care provider or an assistant, employee or volunteer
    14  or nursery school has failed to provide adequate sanitation;
    15    (F)  the child day care provider or an assistant, employee, volunteer,
    16  nursery school or, for a family day care home or group family  day  care
    17  home, a member of the provider's household, has injured a child in care,
    18  unreasonably  failed  to  obtain  medical  attention for a child in care
    19  requiring such attention, used corporal punishment against  a  child  in
    20  care or abused or maltreated a child in care;
    21    (G)  the  child  day  care provider or nursery school has violated the
    22  same statutory or regulatory standard more than once within a six  month
    23  period;
    24    (H) the child day care provider or an assistant, employee or volunteer
    25  or  nursery  school has failed to make a report of suspected child abuse
    26  or maltreatment when required to do so pursuant to section four  hundred
    27  thirteen of this article; or
    28    (I) the child day care provider or an assistant, employee or volunteer
    29  or  nursery  school  has  submitted to the office of children and family
    30  services a forged document as defined in section  170.00  of  the  penal
    31  law.
    32    (d)  Any  civil  penalty received by the office of children and family
    33  services pursuant to this subdivision shall be deposited to  the  credit
    34  of  the "quality child care and protection fund" established pursuant to
    35  section ninety-seven-www of the state finance law, as added  by  chapter
    36  four hundred sixteen of the laws of two thousand.
    37    (e)(i)  The  office [of children and family services] shall deny a new
    38  application for licensure or registration made by a  day  care  provider
    39  whose license or registration was previously revoked or terminated based
    40  on  a  violation of statute or regulation for a period of two years from
    41  the date that the revocation or termination of the license or  registra-
    42  tion  became  finally  effective,  unless such office determines, in its
    43  discretion, that approval of the application will not in any  way  jeop-
    44  ardize  the health, safety or welfare of children in the center, program
    45  or home. For the purposes of this paragraph, the date that  the  revoca-
    46  tion or termination became finally effective shall be, as applicable:
    47    (A) the date that the revocation or termination became effective based
    48  on the notice of revocation or termination;
    49    (B)  the date that the hearing decision was issued upholding the revo-
    50  cation or termination;
    51    (C) the date of issuance of a final court order affirming the  revoca-
    52  tion  or  termination  or  affirming  a hearing decision that upheld the
    53  revocation or termination; or
    54    (D) another date mutually agreed upon by the office  of  children  and
    55  family services and the provider.

        A. 2298                            13
     1    (ii)(A)  Such  office shall deny a new application for licensure [or],
     2  registration or filing made by a day care  provider  or  nursery  school
     3  operator  who  is enjoined or otherwise prohibited by a court order from
     4  operation of a day care center, nursery school, group  family  day  care
     5  home,  family  day  care home or school-age child care program without a
     6  license or registration for a period of two years from the date  of  the
     7  court  order  unless  the  court order specifically enjoins the provider
     8  from providing day care for a period longer than  two  years,  in  which
     9  case  the  office  shall  deny  any new application made by the provider
    10  while the provider is so enjoined.
    11    (B) Such office shall deny  a  new  application  for  licensure  [or],
    12  registration  or  filing  made  by a day care provider or nursery school
    13  operator who is assessed a second  civil  penalty  by  such  office  for
    14  having operated a day care center, nursery school, group family day care
    15  home,  family  day  care home or school-age child care program without a
    16  license or registration for a period of two years from the date  of  the
    17  second  fine. For the purposes of this paragraph, the date of the second
    18  fine shall be either the date upon which the day care provider  signs  a
    19  stipulation  agreement  to  pay the second fine or the date upon which a
    20  hearing decision is issued affirming the determination of such office to
    21  impose the second fine, as applicable.
    22    (iii) A day care provider or nursery school  operator  who  surrenders
    23  the provider's license [or], registration or filing while such office is
    24  engaged  in enforcement seeking suspension, revocation or termination of
    25  such provider's license [or], registration or  filing  pursuant  to  the
    26  regulations  of  such  office, shall be deemed to have had their license
    27  [or], registration or filing revoked or terminated and shall be  subject
    28  to  the  prohibitions  against  licensing  [or],  registration or filing
    29  pursuant to subparagraph (i) of this paragraph for a period of two years
    30  from the date of surrender of the license or registration.
    31    12.  (a) Notwithstanding any other provision of law, except as may  be
    32  required  as  a  condition  of licensure [or], registration or filing by
    33  regulations promulgated pursuant  to  this  section,  no  village,  town
    34  (outside  the  area  of  any incorporated village), city or county shall
    35  adopt or enact any  law,  ordinance,  rule  or  regulation  which  would
    36  impose,  mandate  or otherwise enforce standards for sanitation, health,
    37  fire safety or building construction on a one or two family dwelling  or
    38  multiple  dwelling  used  to provide group family day care or family day
    39  care than would be applicable were such child day care not  provided  on
    40  the  premises.  No  village,  town (outside the area of any incorporated
    41  village), city or county shall prohibit or restrict use of a one or  two
    42  family  dwelling,  or  multiple  dwelling for family or group family day
    43  care where a license or registration for such use  has  been  issued  in
    44  accordance  with regulations issued pursuant to this section. Nothing in
    45  this paragraph shall preclude local authorities with enforcement  juris-
    46  diction  of  the  applicable sanitation, health, fire safety or building
    47  construction code from making appropriate inspections to assure  compli-
    48  ance with such standards.
    49    (b)  Notwithstanding  any  other  provision  of  law,  but pursuant to
    50  section five hundred eighty-one-b of  the  real  property  tax  law,  no
    51  assessing unit, as defined in subdivision one of section one hundred two
    52  of  the  real  property  tax  law, in the assessment of the value of any
    53  parcel used for residential purposes and registered as a family day care
    54  home pursuant to this section, shall consider the use or registration of
    55  such parcel as a family day care home.

        A. 2298                            14
     1    13. Notwithstanding any other provision of law, this section[,  except
     2  for  paragraph  (a-1)  of  subdivision two-a of this section,] shall not
     3  apply to child day care centers in the city of New York, or any  nursery
     4  school  which  is associated with a school district, that already imple-
     5  ments a fingerprinting process.
     6    §  2. The section heading and subdivisions 1 and 2 of section 390-a of
     7  the social services law, the section heading as amended by  chapter  750
     8  of  the  laws of 1990, subdivisions 1 and 2 as amended by chapter 416 of
     9  the laws of 2000 and paragraph (e) of subdivision 2 as added by  chapter
    10  230 of the laws of 2001, are amended to read as follows:
    11    Standards and training for child day care and nursery schools.  1. All
    12  office  of  children and family services and municipal staff employed to
    13  accept registrations and filings, issue licenses or conduct  inspections
    14  of  child day care homes, programs or facilities, subject to the amounts
    15  appropriated therefor, shall receive training in at least the following:
    16  regulations promulgated by the office of children  and  family  services
    17  pursuant  to  section  three  hundred  ninety of this title; child abuse
    18  prevention and identification; safety and security procedures  in  child
    19  day  care  settings;  the  principles  of childhood development, and the
    20  laws, regulations and procedures governing the  protection  of  children
    21  from abuse or maltreatment.
    22    2.  No  license or registration shall be issued to, or filing accepted
    23  from a family day care home, group family  day  care  home,  school  age
    24  child  care program [or], child day care center or nursery school opera-
    25  tor and no such registration, filing or license shall be  renewed  until
    26  it can be demonstrated by the employer or licensing agency that there is
    27  a  procedure developed and implemented, in accordance with section three
    28  hundred ninety-b of this title and pursuant to regulations of the office
    29  of children and family services, to:
    30    (a) review and evaluate the backgrounds of and information supplied by
    31  any person applying to be a child day care center  or  school-age  child
    32  care program employee or volunteer or group family day care assistant, a
    33  provider of family day care or group family day care, or a director of a
    34  child  day  care  center,  head start day care center, nursery school or
    35  school-age child care program. Such procedures shall include but not  be
    36  limited  to the following requirements: that the applicant set forth his
    37  or her employment history, provide personal and  employment  references;
    38  submit  such information as is required for screening with the statewide
    39  central register of child abuse and maltreatment in accordance with  the
    40  provisions of section four hundred twenty-four-a of this article; sign a
    41  sworn statement indicating whether, to the best of his or her knowledge,
    42  he  or she has ever been convicted of a crime in this state or any other
    43  jurisdiction; and provide his or her fingerprints for submission to  the
    44  division  of criminal justice services in accordance with the provisions
    45  of section three hundred ninety-b of this title;
    46    (b) establish relevant minimal experiential and educational qualifica-
    47  tions for employees and directors of child  day  care  centers  or  head
    48  start day care center programs;
    49    (c)  assure  adequate  and  appropriate  supervision  of employees and
    50  volunteers of group family day care homes, family day care homes,  child
    51  day  care  centers,  nursery schools and school-age child care programs;
    52  [and]
    53    (d) demonstrate, in the case of child day care centers,  group  family
    54  day  care  homes,  family day care homes, nursery schools and school-age
    55  child care programs the existence  of  specific  procedures  which  will
    56  assure the safety of a child who is reported to the state central regis-

        A. 2298                            15
     1  ter  of  child abuse and maltreatment as well as other children provided
     2  care by such homes, centers or programs, immediately  upon  notification
     3  that a report has been made with respect to a child named in such report
     4  while the child was in attendance at such homes, centers or programs[.];
     5  and
     6    (e)  establish  necessary rules to provide for uniform visitor control
     7  procedures, including visitor identification.
     8    § 3.  Section 390-b of the social services law, as  added  by  chapter
     9  416 of the laws of 2000, is amended to read as follows:
    10    §  390-b.  Criminal history review of child care providers, generally.
    11  1. (a) Notwithstanding any other provision of law to the  contrary,  and
    12  subject  to  rules  and  regulations of the division of criminal justice
    13  services, the office of children and family  services  shall  perform  a
    14  criminal  history  record  check  with  the division of criminal justice
    15  services regarding any operator, employee or volunteer of  a  child  day
    16  care  center or school age child care provider, as defined in paragraphs
    17  (c) and (f) of subdivision one of section three hundred ninety  of  this
    18  title.  Child day care center operators, school age child care operators
    19  and any employees or volunteers, who previously did not have a  criminal
    20  history record check performed in accordance with this subdivision shall
    21  have  such  a criminal history record check performed when the child day
    22  care center or school age child care provider  applies  for  license  or
    23  registration  renewal.  Child  day care centers which are not subject to
    24  the provisions of section three hundred ninety of this title, shall  not
    25  be  subject  to  the  provisions of this section. The provisions of this
    26  section shall apply to a volunteer only  where  the  volunteer  has  the
    27  potential  for regular and substantial contact with children enrolled in
    28  the program.
    29    (b) Notwithstanding any other provision of law to  the  contrary,  and
    30  subject  to  rules  and  regulations of the division of criminal justice
    31  services, the office of children and family  services  shall  perform  a
    32  criminal  history  record  check  with  the division of criminal justice
    33  services regarding the operator, any assistants, employees or volunteers
    34  of a group family day care home [or], family day care  home  or  nursery
    35  school,  as  defined in paragraphs (d) [and], (e) and (g) of subdivision
    36  one of section three hundred ninety of this title, and  any  person  age
    37  eighteen  or  over residing on the premises of the group family day care
    38  home [or], family day care  home  or  nursery  school  which  is  to  be
    39  licensed  [or], registered or for which a filing must be made in accord-
    40  ance with section three hundred ninety of this title. Group  family  day
    41  care  home  operators,  family  day  care home operators, nursery school
    42  operators, any assistants, employees or volunteers, and persons who  are
    43  age eighteen or over residing on the premises of a licensed group family
    44  day  care  home  [or], registered family day care home or nursery school
    45  who previously did not have a criminal history record check performed in
    46  accordance with this subdivision shall  have  such  a  criminal  history
    47  record  check performed when the group family day care home [or], family
    48  day care home or nursery  school  applies  for  renewal  of  the  home's
    49  license  [or],  registration or filing.   The provisions of this section
    50  shall apply to a volunteer only where the volunteer  has  the  potential
    51  for  regular  and  substantial  contact  with  children  enrolled in the
    52  program.
    53    2. (a) As part of the provider's application for,  or  renewal  of,  a
    54  child  day care center or school age child care license or registration,
    55  the provider shall furnish the office of children  and  family  services
    56  with  fingerprint  cards  of  any operator of a child day care center or

        A. 2298                            16
     1  school age child care program, and any employee or volunteer, who previ-
     2  ously did not have a criminal history record check performed in  accord-
     3  ance  with  this  section,  together  with  such other information as is
     4  required  by the office of children and family services and the division
     5  of criminal justice services.
     6    (b) Every child day care center or  school  age  child  care  provider
     7  shall  obtain  a  set  of  fingerprints for each prospective employee or
     8  volunteer and such other information as is required  by  the  office  of
     9  children  and  family  services  and  the  division  of criminal justice
    10  services. The child day care center or school  age  child  care  program
    11  shall furnish to the applicant blank fingerprint cards and a description
    12  of  how the completed fingerprint cards will be used. The child day care
    13  center or school age child care program  shall  promptly  transmit  such
    14  fingerprint cards to the office of children and family services.
    15    (c)  As part of the provider's application for, or renewal of, a group
    16  family day care home license or family day care home  registration,  the
    17  provider  shall  furnish the office of children and family services with
    18  fingerprint cards of any operator of a group family  day  care  home  or
    19  family  day care home, and any assistant, employee or volunteer, and any
    20  person age eighteen or over residing on the premises of the group family
    21  day care home or family day care home, who previously  did  not  have  a
    22  criminal history record check performed in accordance with this section,
    23  together  with  such  other  information as is required by the office of
    24  children and family  services  and  the  division  of  criminal  justice
    25  services.
    26    (d)  Every group family day care home or family day care home provider
    27  shall obtain a set  of  fingerprints  for  each  prospective  assistant,
    28  employee,  volunteer  and  any  person  age eighteen or over who will be
    29  residing on the premises of the group family day care home or family day
    30  care home, and such other information as is required by  the  office  of
    31  children  and  family  services  and  the  division  of criminal justice
    32  services. The group family day care home or family day care home provid-
    33  er shall  furnish  to  the  applicant  blank  fingerprint  cards  and  a
    34  description  of  how  the  completed fingerprint cards will be used. The
    35  group family day care home  or  family  day  care  home  provider  shall
    36  promptly  transmit  such fingerprint cards to the office of children and
    37  family services.
    38    (e) As part of the provider's application for, or renewal of, a  nurs-
    39  ery school filing, the provider shall furnish the office of children and
    40  family  services  with  fingerprint  cards  of any operator of a nursery
    41  school, and any employee or volunteer, who previously  did  not  have  a
    42  criminal history record check performed in accordance with this section,
    43  together  with  such  other  information as is required by the office of
    44  children and family  services  and  the  division  of  criminal  justice
    45  services.
    46    (f)  Every  nursery school provider shall obtain a set of fingerprints
    47  for each prospective employee or volunteer and such other information as
    48  is required by the office of children and family services and the  divi-
    49  sion  of  criminal  justice  services.  The nursery school program shall
    50  furnish to the applicant blank fingerprint cards and  a  description  of
    51  how  the  completed  fingerprint  cards will be used. The nursery school
    52  program shall promptly transmit such fingerprint cards to the office  of
    53  children and family services.
    54    (g)  The office of children and family services shall pay the process-
    55  ing fee imposed pursuant to subdivision eight-a of section eight hundred
    56  thirty-seven of the executive law. The office  of  children  and  family

        A. 2298                            17
     1  services  shall promptly submit the fingerprint cards and the processing
     2  fee to the division of criminal justice services for its full search and
     3  retain processing.
     4    [(f)]  (h)  A licensed or registered child day care center, school-age
     5  child care program, group family day care home or family day  care  home
     6  may  temporarily  approve  an  applicant to be an employee, assistant or
     7  volunteer for such provider while the results of  the  criminal  history
     8  record  check are pending, but shall not allow such person to have unsu-
     9  pervised contact with children during such time.
    10    3. Notwithstanding any other provision of law to the  contrary,  after
    11  reviewing  any criminal history record information provided by the divi-
    12  sion of criminal justice services, of an individual who is subject to  a
    13  criminal  history  record  check pursuant to this section, the office of
    14  children and family services and the provider shall take  the  following
    15  actions:
    16    (a)  (i)  Where  the  criminal history record of an applicant to be an
    17  operator of a child day care center,  school  age  child  care  program,
    18  group family day care home, family day care home, nursery school, or any
    19  person  over  the  age  of  eighteen  residing in such a home or school,
    20  reveals a felony conviction at any time for a sex offense, crime against
    21  a child, or a crime involving violence, or a  felony  conviction  within
    22  the  past  five years for a drug-related offense, the office of children
    23  and family services shall deny the  application  or  filing  unless  the
    24  office  determines,  in its discretion, that approval of the application
    25  or filing will not in any way jeopardize the health, safety  or  welfare
    26  of the children in the center, program or home; or
    27    (ii) Where the criminal history record of an applicant to be an opera-
    28  tor  of  a  child  day care center, school age child care program, group
    29  family day care home, family day  care  home,  nursery  school,  or  any
    30  person  over  the  age  of  eighteen  residing in such a home or school,
    31  reveals a conviction for a crime other than one set  forth  in  subpara-
    32  graph  (i) of this paragraph, the office of children and family services
    33  may  deny  the  application   or   filing,   consistent   with   article
    34  twenty-three-A of the correction law; or
    35    (iii) Where the criminal history record of an applicant to be an oper-
    36  ator  of  a  child day care center, school age child care program, group
    37  family day care home, family day care home, nursery school, or any other
    38  person over the age of eighteen residing  in  such  a  home,  reveals  a
    39  charge  for  any crime, the office of children and family services shall
    40  hold the application or filing in abeyance until the charge  is  finally
    41  resolved.
    42    (b)  (i)  Where the criminal history record of a current operator of a
    43  child day care center, school age child care program, group  family  day
    44  care  home,  family  day  care home, nursery school, or any other person
    45  over the age of eighteen residing in such a home or  school,  reveals  a
    46  conviction for a crime set forth in subparagraph (i) of paragraph (a) of
    47  this  subdivision,  the  office  of  children  and family services shall
    48  conduct a safety assessment of the  program  and  take  all  appropriate
    49  steps  to  protect the health and safety of the children in the program.
    50  The office of children and family services shall deny,  limit,  suspend,
    51  revoke, reject or terminate a license [or], registration or filing based
    52  on  such  a conviction, unless the office determines, in its discretion,
    53  that continued operation of the center, program  [or],  home  or  school
    54  will  not  in  any  way  jeopardize the health, safety or welfare of the
    55  children in the center, program [or], home or school;

        A. 2298                            18
     1    (ii) Where the criminal history record of  a  current  operator  of  a
     2  child  day  care center, school age child care program, group family day
     3  care home, family day care home, nursery school,  or  any  other  person
     4  over  the  age  of eighteen residing in such a home or school, reveals a
     5  conviction  for  a crime other than one set forth in subparagraph (i) of
     6  paragraph (a) of this subdivision, the office  of  children  and  family
     7  services  shall  conduct a safety assessment of the program and take all
     8  appropriate steps to protect the health and safety of  the  children  in
     9  the  program.  The  office  may  deny, limit, suspend, revoke, reject or
    10  terminate a license  [or],  registration  or  filing  based  on  such  a
    11  conviction,  consistent  with  article  twenty-three-A of the correction
    12  law;
    13    (iii) Where the criminal history record of a  current  operator  of  a
    14  child  day  care center, school age child care program, group family day
    15  care home, family day care home, nursery school,  or  any  other  person
    16  over  the  age  of eighteen residing in such a home or school, reveals a
    17  charge for any crime, the office of children and family  services  shall
    18  conduct  a  safety  assessment  of  the program and take all appropriate
    19  steps to protect the health and safety of the children in  the  program.
    20  The  office  may suspend a license [or], registration or filing based on
    21  such a charge where necessary to protect the health and  safety  of  the
    22  children in the program.
    23    (c)  (i)  Where  the  criminal history record of an applicant to be an
    24  employee or volunteer at a child day care center [or], school age  child
    25  care  program  or  nursery  school  reveals a conviction for a crime set
    26  forth in subparagraph (i) of paragraph  (a)  of  this  subdivision,  the
    27  office of children and family services shall direct the provider to deny
    28  the  application  unless  the office determines, in its discretion, that
    29  approval of the application will not in any way jeopardize  the  health,
    30  safety or welfare of the children in the center or program;
    31    (ii)  Where  the  criminal  history  record  of  an applicant to be an
    32  employee or volunteer at a child day care center [or], school age  child
    33  care  program  or  nursery school reveals a conviction for a crime other
    34  than one set forth in subparagraph (i) of paragraph (a) of this subdivi-
    35  sion, the office of children and family services  may,  consistent  with
    36  article  twenty-three-A  of  the  correction law, direct the provider to
    37  deny the application;
    38    (iii) Where the criminal history record  of  an  applicant  to  be  an
    39  employee  or volunteer at a child day care center [or], school age child
    40  care program or nursery school reveals  a  charge  for  any  crime,  the
    41  office  of  children  and  family services shall hold the application in
    42  abeyance until the charge is finally resolved.
    43    (d) (i) Where the criminal history record of  a  current  employee  or
    44  volunteer at a child day care center [or], school age child care program
    45  or nursery school reveals a conviction for a crime set forth in subpara-
    46  graph  (i)  of paragraph (a) of this subdivision, the office of children
    47  and family services shall conduct a safety assessment of the program and
    48  take all appropriate steps to protect the health and safety of the chil-
    49  dren in the program. The office shall direct the provider  to  terminate
    50  the  employee or volunteer based on such a conviction, unless the office
    51  determines, in its  discretion,  that  the  continued  presence  of  the
    52  employee or volunteer in the center or program will not in any way jeop-
    53  ardize  the  health,  safety or welfare of the children in the center or
    54  program;
    55    (ii) Where the criminal history record of a current employee or volun-
    56  teer at a child day care center [or], school age child care  program  or

        A. 2298                            19
     1  nursery school reveals a conviction for a crime other than one set forth
     2  in  subparagraph (i) of paragraph (a) of this subdivision, the office of
     3  children and family services shall conduct a safety  assessment  of  the
     4  program  and take all appropriate steps to protect the health and safety
     5  of the children in the program. The office may direct  the  provider  to
     6  terminate the employee or volunteer based on such a conviction, consist-
     7  ent with article twenty-three-A of the correction law;
     8     (iii)  Where  the  criminal  history  record of a current employee or
     9  volunteer at a child day care center [or], school age child care program
    10  or nursery school reveals a charge for any crime, the office of children
    11  and family services shall conduct a safety assessment of the program and
    12  take all appropriate steps to protect the health and safety of the chil-
    13  dren in the program.
    14    (e) (i) Where the criminal history record of an  applicant  to  be  an
    15  employee,  assistant  or  volunteer  at  a group family day care home or
    16  family day care home reveals a conviction  for  a  crime  set  forth  in
    17  subparagraph  (i)  of  paragraph  (a) of this subdivision, the office of
    18  children and family services shall  direct  the  provider  to  deny  the
    19  application  unless  the  office  determines,  in  its  discretion, that
    20  approval of the application will not in any way jeopardize  the  health,
    21  safety or welfare of the children in the home;
    22    (ii)  Where  the  criminal  history  record  of  an applicant to be an
    23  employee, assistant or volunteer at a group  family  day  care  home  or
    24  family day care home reveals a conviction for a crime other than one set
    25  forth  in  subparagraph  (i)  of  paragraph (a) of this subdivision, the
    26  office of children and family  services  may,  consistent  with  article
    27  twenty-three-A  of  the  correction law, direct the provider to deny the
    28  application;
    29    (iii) Where the criminal history record  of  an  applicant  to  be  an
    30  employee,  assistant  or  volunteer  at  a group family day care home or
    31  family day care home reveals a charge for any crime, the office of chil-
    32  dren and family services shall hold the application  in  abeyance  until
    33  the charge is finally resolved.
    34    (f)  (i)  Where  the  criminal  history  record of a current employee,
    35  assistant or volunteer at a group family day care  home  or  family  day
    36  care home reveals a conviction for a crime set forth in subparagraph (i)
    37  of  paragraph (a) of this subdivision, the office of children and family
    38  services shall conduct a safety assessment of the program and  take  all
    39  appropriate  steps  to  protect the health and safety of the children in
    40  the home. The office of children and family services  shall  direct  the
    41  provider to terminate the employee, assistant or volunteer based on such
    42  a  conviction, unless the office determines, in its discretion, that the
    43  continued presence of the employee, assistant or volunteer in  the  home
    44  will  not  in  any  way  jeopardize the health, safety or welfare of the
    45  children in the home;
    46    (ii) Where the criminal history record of a current employee,  assist-
    47  ant or volunteer at a group family day care home or family day care home
    48  reveals  a  conviction  for a crime other than one set forth in subpara-
    49  graph (i) of paragraph (a) of this subdivision, the office  of  children
    50  and  family  services  shall conduct a safety assessment of the home and
    51  take all appropriate steps to protect the health and safety of the chil-
    52  dren in the home. The office may direct the provider  to  terminate  the
    53  employee,  assistant or volunteer based on such a conviction, consistent
    54  with article twenty-three-A of the correction law;
    55    (iii) Where the criminal history record of a current employee, assist-
    56  ant or volunteer at a group family day care home or family day care home

        A. 2298                            20
     1  reveals a charge for any  crime,  the  office  of  children  and  family
     2  services  shall  conduct  a  safety  assessment of the home and take all
     3  appropriate steps to protect the health and safety of  the  children  in
     4  the home.
     5    (g)  Advise  the  provider that the individual has no criminal history
     6  record.
     7    4. Prior to making a determination to deny an application pursuant  to
     8  subdivision  three  of  this  section, the office of children and family
     9  services shall afford the applicant an opportunity to explain, in  writ-
    10  ing, why the application should not be denied.
    11    5.  Notwithstanding  any  other  provision of law to the contrary, the
    12  office of children and family  services,  upon  receipt  of  a  criminal
    13  history  record  from  the  division  of  criminal justice services, may
    14  request, and is entitled to receive, information pertaining to any crime
    15  contained in such criminal history record from any state  or  local  law
    16  enforcement agency, district attorney, parole officer, probation officer
    17  or  court for the purposes of determining whether any ground relating to
    18  such criminal conviction or pending criminal charge exists for denying a
    19  license, registration, filing, application or employment.
    20    6. The notification by the office of children and family  services  to
    21  the  child  day  care  provider pursuant to this section shall include a
    22  summary of the criminal history record, if any, provided by the division
    23  of criminal justice services.
    24    7. Where the office of children and family services  directs  a  child
    25  day  care  provider to deny an application based on the criminal history
    26  record, the provider must notify the applicant that such record  is  the
    27  basis of the denial.
    28    8.  Any  safety  assessment  required  pursuant  to this section shall
    29  include a review of the duties of the individual, the  extent  to  which
    30  such  individual may have contact with children in the program or house-
    31  hold and the status and nature of the  criminal  charge  or  conviction.
    32  Where  the  office  of  children and family services performs the safety
    33  assessment, it shall thereafter take all appropriate  steps  to  protect
    34  the  health  and safety of children receiving care in the child day care
    35  center, school age child care program, family day care home [or],  group
    36  family day care home or nursery school.
    37    9.  Any  criminal  history record provided by the division of criminal
    38  justice services,  and  any  summary  of  the  criminal  history  record
    39  provided  by  the  office of children and family services to a child day
    40  care provider pursuant to this section, is confidential and shall not be
    41  available for public inspection; provided, however, nothing herein shall
    42  prevent a child day care provider or the office of children  and  family
    43  services from disclosing criminal history information at any administra-
    44  tive  or  judicial proceeding relating to the denial or revocation of an
    45  application, employment, license [or],  registration  or  filing.    The
    46  subject  of a criminal history review conducted pursuant to this section
    47  shall be entitled to receive, upon written request, a copy of the summa-
    48  ry of the criminal history record provided by the office of children and
    49  family services to the child day care provider.  Unauthorized disclosure
    50  of such records or reports shall subject the provider to civil penalties
    51  in accordance with the provisions of subdivision eleven of section three
    52  hundred ninety of this title.
    53    10. A child day care provider shall advise the office of children  and
    54  family  services  when  an individual who is subject to criminal history
    55  record review in accordance with subdivision one or two of this  section
    56  is  no  longer subject to such review. The office of children and family

        A. 2298                            21
     1  services shall inform the division of criminal justice services when  an
     2  individual  who  is  subject  to  criminal  history  review is no longer
     3  subject to such review so that the division of criminal justice services
     4  may terminate its retain processing with regard to such person. At least
     5  once a year, the office of children and family services will be required
     6  to  conduct  a  validation  of the records maintained by the division of
     7  criminal justice services.
     8    § 4. Paragraph (a) of subdivision 1 of section  424-a  of  the  social
     9  services  law,  as  amended by section 12 of part L of chapter 56 of the
    10  laws of 2015, is amended to read as follows:
    11    (a) A licensing agency shall inquire of  the  [department]  office  of
    12  children  and  family  services  and [the department shall] such office,
    13  subject to the provisions of paragraph (e) of this  subdivision,  inform
    14  such  agency  and  the subject of the inquiry whether an applicant for a
    15  certificate, license or permit, assistants  to  group  family  day  care
    16  providers,  the  director of a camp subject to the provisions of article
    17  thirteen-B of the public health law, a  prospective  successor  guardian
    18  when  a  clearance is conducted pursuant to paragraph (d) of subdivision
    19  two of section four hundred  fifty-eight-b  of  this  article,  and  any
    20  person  over the age of eighteen who resides in the home of a person who
    21  has applied to become an adoptive parent or a foster parent or to  oper-
    22  ate  a  family  day  care home, nursery school, or group family day care
    23  home or any person over the age of eighteen residing in the  home  of  a
    24  prospective  successor  guardian  when  a  clearance  is  conducted of a
    25  prospective successor guardian pursuant to this paragraph, has  been  or
    26  is  currently  the  subject of an indicated child abuse and maltreatment
    27  report on file with the statewide central register of  child  abuse  and
    28  maltreatment.
    29    § 5. This act shall take effect on the one hundred eightieth day after
    30  it  shall  have become a law, provided, however, that any rules or regu-
    31  lations necessary to implement the provisions of this act on its  effec-
    32  tive date shall be promulgated on or before such date.
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