Bill Text: NY A07830 | 2009-2010 | General Assembly | Introduced
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 17-7)
Status: (Introduced - Dead) 2010-01-06 - referred to children and families [A07830 Detail]
Download: New_York-2009-A07830-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7830 2009-2010 Regular Sessions I N A S S E M B L Y April 24, 2009 ___________ Introduced by M. of A. SPANO, PAULIN, FIELDS, COOK, MARKEY, LANCMAN, ESPAILLAT, EDDINGTON, JAFFEE, PHEFFER, BENEDETTO, SAYWARD -- Multi- Sponsored by -- M. of A. BARRON, BURLING, GALEF, McDONOUGH, McKEVITT, REILLY, WALKER, WEISENBERG -- read once and referred to the Committee on Children and Families 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. LBD07815-01-9 A. 7830 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.