S T A T E O F N E W Y O R K
________________________________________________________________________
4881--A
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 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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 OR A FELONY CONVICTION AT ANY TIME FOR ANY OFFENSE
17 COMMITTED IN ANOTHER JURISDICTION WHICH, IF COMMITTED IN THIS STATE,
18 WOULD CONSTITUTE A SEX OFFENSE, CRIME AGAINST A CHILD, OR CRIME INVOLV-
19 ING VIOLENCE, OR A FELONY CONVICTION WITHIN THE PAST FIVE YEARS FOR A
20 DRUG-RELATED OFFENSE PURSUANT TO THE PENAL LAW, the office of children
21 and family services shall deny the application [unless the office deter-
22 mines, in its discretion, that approval of the application will not in
23 any way jeopardize the health, safety or welfare of the children in the
24 center, program or home]; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00577-05-5
A. 4881--A 2
1 (ii) Where the criminal history record of an applicant to be an opera-
2 tor of a child day care center, school age child care program, group
3 family day care home, family day care home, or any person over the age
4 of eighteen residing in such a home, reveals a conviction for a crime
5 other than one set forth in subparagraph (i) of this paragraph, the
6 office of children and family services may deny the application,
7 consistent with article twenty-three-A of the correction law; or
8 (iii) Where the criminal history record of an applicant to be an oper-
9 ator of a child day care center, school age child care program, group
10 family day care home, family day care home, or any other person over the
11 age of eighteen residing in such a home, reveals a charge for any crime,
12 the office of children and family services shall hold the application in
13 abeyance until the charge is finally resolved.
14 (b) (i) Where the criminal history record of a current operator of a
15 child day care center, school age child care program, group family day
16 care home, family day care home, or any other person over the age of
17 eighteen residing in such a home, reveals a conviction for a crime set
18 forth in subparagraph (i) of paragraph (a) of this subdivision, the
19 office of children and family services shall conduct a safety assessment
20 of the program and take all appropriate steps to protect the health and
21 safety of the children in the program. The office of children and family
22 services shall deny, [limit, suspend,] revoke, reject or terminate a
23 license or registration based on such a conviction[, unless the office
24 determines, in its discretion, that continued operation of the center,
25 program or home will not in any way jeopardize the health, safety or
26 welfare of the children in the center, program or home];
27 (ii) Where the criminal history record of a current operator of a
28 child day care center, school age child care program, group family day
29 care home, family day care home, or any other person over the age of
30 eighteen residing in such a home, reveals a conviction for a crime other
31 than one set forth in subparagraph (i) of paragraph (a) of this subdivi-
32 sion, the office of children and family services shall conduct a safety
33 assessment of the program and take all appropriate steps to protect the
34 health and safety of the children in the program. The office may deny,
35 limit, suspend, revoke, reject or terminate a license or registration
36 based on such a conviction, consistent with article twenty-three-A of
37 the correction law;
38 (iii) Where the criminal history record of a current operator of a
39 child day care center, school age child care program, group family day
40 care home, family day care home, or any other person over the age of
41 eighteen residing in such a home, reveals a charge for any crime, the
42 office of children and family services shall conduct a safety assessment
43 of the program and take all appropriate steps to protect the health and
44 safety of the children in the program. The office may suspend a license
45 or registration based on such a charge where necessary to protect the
46 health and safety of the children in the program.
47 (c) (i) Where the criminal history record of an applicant to be an
48 employee or volunteer at a child day care center or school age child
49 care program reveals a conviction for a crime set forth in subparagraph
50 (i) of paragraph (a) of this subdivision, the office of children and
51 family services shall direct the provider to deny the application
52 [unless the office determines, in its discretion, that approval of the
53 application will not in any way jeopardize the health, safety or welfare
54 of the children in the center or program];
55 (ii) Where the criminal history record of an applicant to be an
56 employee or volunteer at a child day care center or school age child
A. 4881--A 3
1 care program 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 may, consistent with article twenty-three-A
4 of the correction law, direct the provider to deny the application;
5 (iii) Where the criminal history record of an applicant to be an
6 employee or volunteer at a child day care center or school age child
7 care program reveals a charge for any crime, the office of children and
8 family services shall hold the application in abeyance until the charge
9 is finally resolved.
10 (d) (i) Where the criminal history record of a current employee or
11 volunteer at a child day care center or school age child care program
12 reveals a conviction for a crime set forth in subparagraph (i) of para-
13 graph (a) of this subdivision, the office of children and family
14 services shall conduct a safety assessment of the program and take all
15 appropriate steps to protect the health and safety of the children in
16 the program. The office shall direct the provider to terminate the
17 employee or volunteer based on such a conviction[, unless the office
18 determines, in its discretion, that the continued presence of the
19 employee or volunteer in the center or program will not in any way jeop-
20 ardize the health, safety or welfare of the children in the center or
21 program];
22 (ii) Where the criminal history record of a current employee or volun-
23 teer at a child day care center or school age child care program reveals
24 a conviction for a crime other than one set forth in subparagraph (i) of
25 paragraph (a) of this subdivision, the office of children and family
26 services shall conduct a safety assessment of the program and take all
27 appropriate steps to protect the health and safety of the children in
28 the program. The office may direct the provider to terminate the employ-
29 ee or volunteer based on such a conviction, consistent with article
30 twenty-three-A of the correction law;
31 (iii) Where the criminal history record of a current employee or
32 volunteer at a child day care center or school age child care program
33 reveals a charge for any crime, the office of children and family
34 services shall conduct a safety assessment of the program and take all
35 appropriate steps to protect the health and safety of the children in
36 the program.
37 (e) (i) Where the criminal history record of an applicant to be an
38 employee, assistant or volunteer at a group family day care home or
39 family day care home reveals a conviction for a crime set forth in
40 subparagraph (i) of paragraph (a) of this subdivision, the office of
41 children and family services shall direct the provider to deny the
42 application [unless the office determines, in its discretion, that
43 approval of the application will not in any way jeopardize the health,
44 safety or welfare of the children in the home];
45 (ii) Where the criminal history record of an applicant to be an
46 employee, assistant or volunteer at a group family day care home or
47 family day care home reveals a conviction for a crime other than one set
48 forth in subparagraph (i) of paragraph (a) of this subdivision, the
49 office of children and family services may, consistent with article
50 twenty-three-A of the correction law, direct the provider to deny the
51 application;
52 (iii) Where the criminal history record of an applicant to be an
53 employee, assistant or volunteer at a group family day care home or
54 family day care home reveals a charge for any crime, the office of chil-
55 dren and family services shall hold the application in abeyance until
56 the charge is finally resolved.
A. 4881--A 4
1 (f) (i) Where the criminal history record of a current employee,
2 assistant or volunteer at a group family day care home or family day
3 care home reveals a conviction for a crime set forth in subparagraph (i)
4 of paragraph (a) of this subdivision, the office of children and family
5 services shall conduct a safety assessment of the program and take all
6 appropriate steps to protect the health and safety of the children in
7 the home. The office of children and family services shall direct the
8 provider to terminate the employee, assistant or volunteer based on such
9 a conviction[, unless the office determines, in its discretion, that the
10 continued presence of the employee, assistant or volunteer in the home
11 will not in any way jeopardize the health, safety or welfare of the
12 children in the home];
13 (ii) Where the criminal history record of a current employee, assist-
14 ant or volunteer at a group family day care home or family day care home
15 reveals a conviction for a crime other than one set forth in subpara-
16 graph (i) of paragraph (a) of this subdivision, the office of children
17 and family services shall conduct a safety assessment of the home and
18 take all appropriate steps to protect the health and safety of the chil-
19 dren in the home. The office may direct the provider to terminate the
20 employee, assistant or volunteer based on such a conviction, consistent
21 with article twenty-three-A of the correction law;
22 (iii) Where the criminal history record of a current employee, assist-
23 ant or volunteer at a group family day care home or family day care home
24 reveals a charge for any crime, the office of children and family
25 services shall conduct a safety assessment of the home and take all
26 appropriate steps to protect the health and safety of the children in
27 the home.
28 (g) Advise the provider that the individual has no criminal history
29 record.
30 S 2. This act shall take effect immediately.