Bill Text: NY A03096 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for screening of prospective employees, including fingerprinting, at group facilities under the jurisdiction of the office of children and family services; fingerprints to be processed by the division of criminal justice services.

Spectrum: Slight Partisan Bill (Democrat 14-6)

Status: (Introduced - Dead) 2011-03-01 - reference changed to children and families [A03096 Detail]

Download: New_York-2011-A03096-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3096
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by  M.  of  A. SPANO, PAULIN, COOK, MARKEY, LANCMAN, JAFFEE,
         PHEFFER, BENEDETTO, SAYWARD, CASTRO, HOOPER -- Multi-Sponsored  by  --
         M.  of  A. BARRON, BUTLER, CROUCH, GALEF, McDONOUGH, McKEVITT, REILLY,
         SCHIMEL, WEISENBERG -- read once and  referred  to  the  Committee  on
         Codes
       AN  ACT  to  amend  the  social services law, in relation to child abuse
         prevention
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The social services law is amended by adding a new section
    2  422-d to read as follows:
    3    S 422-D. CHILD ABUSE PREVENTION.  EVERY  INSTITUTION  PROVIDING  GROUP
    4  HOME  OR  CONGREGATE  LIVING  SERVICES  PURSUANT  TO  THIS ARTICLE SHALL
    5  PROVIDE FOR THE SCREENING OF ALL PROSPECTIVE PERSONNEL TO BE EMPLOYED BY
    6  THE INSTITUTION, AS WELL AS INDIVIDUALS SERVING UNDER CONTRACT WITH  THE
    7  INSTITUTION  AND EMPLOYEES OF SERVICES PROVIDING SERVICES UNDER CONTRACT
    8  WITH THE INSTITUTION, AGAINST INFORMATION PROVIDED BY  THE  DIVISION  OF
    9  CRIMINAL  JUSTICE SERVICES RELATING TO CONVICTION RECORDS.  SUCH SCREEN-
   10  ING SHALL INCLUDE THE MANDATORY FINGERPRINTING OF SUCH PERSONNEL.  EVERY
   11  SET  OF  FINGERPRINTS  TAKEN  PURSUANT TO THIS SECTION SHALL BE PROMPTLY
   12  SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES AND SHALL CONTAIN
   13  THE SIGNED, INFORMED CONSENT OF  THE  PROSPECTIVE  EMPLOYEE  ON  A  FORM
   14  SUPPLIED  BY  THE  DIVISION.  THE  DIVISION OF CRIMINAL JUSTICE SERVICES
   15  SHALL COMPARE SUCH FINGERPRINTS AGAINST THE RECORDS OF SUCH DIVISION AND
   16  SHALL FORWARD A SET OF SUCH FINGERPRINTS TO THE FEDERAL BUREAU OF INVES-
   17  TIGATION AT WASHINGTON WITH A REQUEST THAT THE FILES OF  THE  BUREAU  BE
   18  SEARCHED  AND  NOTIFICATION  OF  THE RESULTS OF SUCH SEARCH AND A REPORT
   19  THEREON SHALL BE MADE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.  THE
   20  DIVISION  OF CRIMINAL JUSTICE SERVICES SHALL FORMULATE A STANDARD CRIMI-
   21  NAL RECORD REPORT AND SHALL DETERMINE WHAT INFORMATION IS TO BE REPORTED
   22  TO THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STANDARD FORM  FOR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07851-01-1
       A. 3096                             2
    1  SUCH  REPORTING. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL FORWARD
    2  SUCH CRIMINAL RECORD REPORTS TO THE GOVERNING BODY  OF  THE  INSTITUTION
    3  WITHIN  TEN  BUSINESS  DAYS  AFTER  THE RECEIPT OF THE FEDERAL BUREAU OF
    4  INVESTIGATION REPORT. SUCH INSTITUTIONS SHALL BE PROHIBITED FROM EMPLOY-
    5  ING ANY PERSONNEL UNTIL RECEIPT OF SUCH REPORTS IF THEY WISH TO CONTINUE
    6  CONTRACTING  WITH  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES.   SUCH
    7  INSTITUTIONS MAY EMPLOY ANY INDIVIDUAL WHERE SUCH  REPORTS  INDICATE  NO
    8  CONVICTIONS  OR  A  MISDEMEANOR  CONVICTION,  EXCEPT  FOR  A MISDEMEANOR
    9  CONVICTION UNDER ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED TWENTY OF THE
   10  PENAL LAW. ALL SUCH REPORTS WHICH  CONTAIN  A  FELONY  CONVICTION  OR  A
   11  MISDEMEANOR  CONVICTION  UNDER ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED
   12  TWENTY OF THE PENAL LAW SHALL BE FORWARDED TO THE OFFICE OF CHILDREN AND
   13  FAMILY SERVICES FOR CLEARANCE TO EMPLOY. ALL SUCH REPORTS PROCESSED  AND
   14  SENT TO SUCH INSTITUTION PURSUANT TO THIS SECTION SHALL NOT BE PUBLISHED
   15  OR IN ANY WAY DISCLOSED TO PERSONS OTHER THAN THE GOVERNING BODY OF SUCH
   16  INSTITUTION  AND, IF REQUESTED, BY THE PROSPECTIVE EMPLOYEE. EACH INSTI-
   17  TUTION MAY ALSO, IN ITS DISCRETION, EXEMPT FROM THE PROVISIONS  OF  THIS
   18  SECTION  CERTAIN  CONTRACTED  EMPLOYEES PROVIDING SERVICES NOT INVOLVING
   19  ANY INTERACTION OR CONTACT WITH STUDENTS.
   20    S 2. This act shall  take  effect  on  the  first  of  September  next
   21  succeeding the date on which it shall have become a law.