Bill Text: NY A04881 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Restricts hiring of child care providers with criminal convictions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to children and families [A04881 Detail]

Download: New_York-2015-A04881-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4881
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2015
                                      ___________
       Introduced  by M. of A. PERRY -- read once and referred to the Committee
         on Children and Families
       AN ACT to amend the social services law, in relation to criminal history
         review of child care providers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 3 of section 390-b of the social services law,
    2  as added by chapter 416 of the laws of  2000,  is  amended  to  read  as
    3  follows:
    4    3.  Notwithstanding  any other provision of law to the contrary, after
    5  reviewing any criminal history record information provided by the  divi-
    6  sion  of criminal justice services, of an individual who is subject to a
    7  criminal history record check pursuant to this section,  the  office  of
    8  children  and  family services and the provider shall take the following
    9  actions:
   10    (a) (i) Where the criminal history record of an  applicant  to  be  an
   11  operator  of  a  child  day  care center, school age child care program,
   12  group family day care home, family day care home, or any person over the
   13  age of eighteen residing in such a home, reveals a felony conviction [at
   14  any time for a sex offense, crime against a child, or a crime  involving
   15  violence,  or a felony conviction within the past five years for a drug-
   16  related offense] FOR AN OFFENSE DEFINED IN ARTICLE ONE  HUNDRED  TWENTY,
   17  ONE HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-FIVE, ONE HUNDRED THIRTY, ONE
   18  HUNDRED  THIRTY-FIVE, TWO HUNDRED THIRTY-FIVE OR TWO HUNDRED SIXTY-THREE
   19  OF THE PENAL LAW, OR AN OFFENSE DEFINED IN SECTION 230.30 OR  230.32  OF
   20  SUCH  LAW, OR AN OFFENSE COMMITTED UNDER A FORMER PROVISION OF THE PENAL
   21  LAW WHICH WOULD CONSTITUTE A VIOLATION  OF  THE  AFORESAID  ARTICLES  OR
   22  SECTIONS  OF THE PENAL LAW OR ANY OFFENSE COMMITTED IN ANOTHER JURISDIC-
   23  TION WHICH WOULD CONSTITUTE A VIOLATION OF  THE  AFORESAID  ARTICLES  OR
   24  SECTIONS  OF  THE  PENAL LAW, the office of children and family services
   25  shall deny  the  application  [unless  the  office  determines,  in  its
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00577-01-5
       A. 4881                             2
    1  discretion,  that  approval of the application will not in any way jeop-
    2  ardize the health, safety or welfare of  the  children  in  the  center,
    3  program or home]; or
    4    (ii) Where the criminal history record of an applicant to be an opera-
    5  tor  of  a  child  day care center, school age child care program, group
    6  family day care home, family day care home, or any person over  the  age
    7  of  eighteen  residing  in such a home, reveals a conviction for a crime
    8  other than one set forth in subparagraph  (i)  of  this  paragraph,  the
    9  office  of  children  and  family  services  may  deny  the application,
   10  consistent with article twenty-three-A of the correction law; or
   11    (iii) Where the criminal history record of an applicant to be an oper-
   12  ator of a child day care center, school age child  care  program,  group
   13  family day care home, family day care home, or any other person over the
   14  age of eighteen residing in such a home, reveals a charge for any crime,
   15  the office of children and family services shall hold the application in
   16  abeyance until the charge is finally resolved.
   17    (b)  (i)  Where the criminal history record of a current operator of a
   18  child day care center, school age child care program, group  family  day
   19  care  home,  family  day  care home, or any other person over the age of
   20  eighteen residing in such a home, reveals a conviction for a  crime  set
   21  forth  in  subparagraph  (i)  of  paragraph (a) of this subdivision, the
   22  office of children and family services shall conduct a safety assessment
   23  of the program and take all appropriate steps to protect the health  and
   24  safety of the children in the program. The office of children and family
   25  services  shall  deny,  [limit,  suspend,] revoke, reject or terminate a
   26  license or registration based on such a conviction[, unless  the  office
   27  determines,  in  its discretion, that continued operation of the center,
   28  program or home will not in any way jeopardize  the  health,  safety  or
   29  welfare of the children in the center, program or home];
   30    (ii)  Where  the  criminal  history  record of a current operator of a
   31  child day care center, school age child care program, group  family  day
   32  care  home,  family  day  care home, or any other person over the age of
   33  eighteen residing in such a home, 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 shall conduct a  safety
   36  assessment  of the program and take all appropriate steps to protect the
   37  health and safety of the children in the program. The office  may  deny,
   38  limit,  suspend,  revoke,  reject or terminate a license or registration
   39  based on such a conviction, consistent with  article  twenty-three-A  of
   40  the correction law;
   41    (iii)  Where  the  criminal  history record of a current operator of a
   42  child day care center, school age child care program, group  family  day
   43  care  home,  family  day  care home, or any other person over the age of
   44  eighteen residing in such a home, reveals a charge for  any  crime,  the
   45  office of children and family services shall conduct a safety assessment
   46  of  the program and take all appropriate steps to protect the health and
   47  safety of the children in the program. The office may suspend a  license
   48  or  registration  based  on such a charge where necessary to protect the
   49  health and safety of the children in the program.
   50    (c) (i) Where the criminal history record of an  applicant  to  be  an
   51  employee  or  volunteer  at  a child day care center or school age child
   52  care program reveals a conviction for a crime set forth in  subparagraph
   53  (i)  of  paragraph  (a)  of this subdivision, the office of children and
   54  family services shall  direct  the  provider  to  deny  the  application
   55  [unless  the  office determines, in its discretion, that approval of the
       A. 4881                             3
    1  application will not in any way jeopardize the health, safety or welfare
    2  of the children in the center or program];
    3    (ii)  Where  the  criminal  history  record  of  an applicant to be an
    4  employee or volunteer at a child day care center  or  school  age  child
    5  care  program  reveals a conviction for a crime other than one set forth
    6  in subparagraph (i) of paragraph (a) of this subdivision, the office  of
    7  children and family services may, consistent with article twenty-three-A
    8  of the correction law, direct the provider to deny the application;
    9    (iii)  Where  the  criminal  history  record  of an applicant to be an
   10  employee or volunteer at a child day care center  or  school  age  child
   11  care  program reveals a charge for any crime, the office of children and
   12  family services shall hold the application in abeyance until the  charge
   13  is finally resolved.
   14    (d)  (i)  Where  the  criminal history record of a current employee or
   15  volunteer at a child day care center or school age  child  care  program
   16  reveals  a conviction for a crime set forth in subparagraph (i) of para-
   17  graph (a) of  this  subdivision,  the  office  of  children  and  family
   18  services  shall  conduct a safety assessment of the program and take all
   19  appropriate steps to protect the health and safety of  the  children  in
   20  the  program.  The  office  shall  direct  the provider to terminate the
   21  employee or volunteer based on such a  conviction[,  unless  the  office
   22  determines,  in  its  discretion,  that  the  continued  presence of the
   23  employee or volunteer in the center or program will not in any way jeop-
   24  ardize the health, safety or welfare of the children in  the  center  or
   25  program];
   26    (ii) Where the criminal history record of a current employee or volun-
   27  teer at a child day care center or school age child care program reveals
   28  a conviction for a crime other than one set forth in subparagraph (i) of
   29  paragraph  (a)  of  this  subdivision, the office of children and family
   30  services shall conduct a safety assessment of the program and  take  all
   31  appropriate  steps  to  protect the health and safety of the children in
   32  the program. The office may direct the provider to terminate the employ-
   33  ee or volunteer based on such  a  conviction,  consistent  with  article
   34  twenty-three-A of the correction law;
   35     (iii)  Where  the  criminal  history  record of a current employee or
   36  volunteer at a child day care center or school age  child  care  program
   37  reveals  a  charge  for  any  crime,  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 program.
   41    (e) (i) Where the criminal history record of an  applicant  to  be  an
   42  employee,  assistant  or  volunteer  at  a group family day care home or
   43  family day care home reveals a conviction  for  a  crime  set  forth  in
   44  subparagraph  (i)  of  paragraph  (a) of this subdivision, the office of
   45  children and family services shall  direct  the  provider  to  deny  the
   46  application  [unless  the  office  determines,  in  its discretion, that
   47  approval of the application will not in any way jeopardize  the  health,
   48  safety or welfare of the children in the home];
   49    (ii)  Where  the  criminal  history  record  of  an applicant to be an
   50  employee, assistant or volunteer at a group  family  day  care  home  or
   51  family day care home reveals a conviction for a crime other than one set
   52  forth  in  subparagraph  (i)  of  paragraph (a) of this subdivision, the
   53  office of children and family  services  may,  consistent  with  article
   54  twenty-three-A  of  the  correction law, direct the provider to deny the
   55  application;
       A. 4881                             4
    1    (iii) Where the criminal history record  of  an  applicant  to  be  an
    2  employee,  assistant  or  volunteer  at  a group family day care home or
    3  family day care home reveals a charge for any crime, the office of chil-
    4  dren and family services shall hold the application  in  abeyance  until
    5  the charge is finally resolved.
    6    (f)  (i)  Where  the  criminal  history  record of a current employee,
    7  assistant or volunteer at a group family day care  home  or  family  day
    8  care home reveals a conviction for a crime set forth in subparagraph (i)
    9  of  paragraph (a) of this subdivision, the office of children and family
   10  services shall conduct a safety assessment of the program and  take  all
   11  appropriate  steps  to  protect the health and safety of the children in
   12  the home. The office of children and family services  shall  direct  the
   13  provider to terminate the employee, assistant or volunteer based on such
   14  a conviction[, unless the office determines, in its discretion, that the
   15  continued  presence  of the employee, assistant or volunteer in the home
   16  will not in any way jeopardize the health,  safety  or  welfare  of  the
   17  children in the home];
   18    (ii)  Where the criminal history record of a current employee, assist-
   19  ant or volunteer at a group family day care home or family day care home
   20  reveals a conviction for a crime other than one set  forth  in  subpara-
   21  graph  (i)  of paragraph (a) of this subdivision, the office of children
   22  and family services shall conduct a safety assessment of  the  home  and
   23  take all appropriate steps to protect the health and safety of the chil-
   24  dren  in  the  home. The office may direct the provider to terminate the
   25  employee, assistant or volunteer based on such a conviction,  consistent
   26  with article twenty-three-A of the correction law;
   27    (iii) Where the criminal history record of a current employee, assist-
   28  ant or volunteer at a group family day care home or family day care home
   29  reveals  a  charge  for  any  crime,  the  office of children and family
   30  services shall conduct a safety assessment of  the  home  and  take  all
   31  appropriate  steps  to  protect the health and safety of the children in
   32  the home.
   33    (g) Advise the provider that the individual has  no  criminal  history
   34  record.
   35    S 2. This act shall take effect immediately.
feedback