Bill Text: NY S00033 | 2017-2018 | General Assembly | Introduced
Bill Title: Restricts hiring of child care providers with criminal convictions.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-05-08 - referred to children and families [S00033 Detail]
Download: New_York-2017-S00033-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 33 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed 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 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-22mines, in its discretion, that approval of the application will not in23any way jeopardize the health, safety or welfare of the children in the24center, program or home]; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05083-01-7S. 33 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 office24determines, in its discretion, that continued operation of the center,25program or home will not in any way jeopardize the health, safety or26welfare 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 the53application will not in any way jeopardize the health, safety or welfare54of 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 childS. 33 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 office18determines, in its discretion, that the continued presence of the19employee or volunteer in the center or program will not in any way jeop-20ardize the health, safety or welfare of the children in the center or21program]; 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, that43approval of the application will not in any way jeopardize the health,44safety 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.S. 33 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 the10continued presence of the employee, assistant or volunteer in the home11will not in any way jeopardize the health, safety or welfare of the12children 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 § 2. This act shall take effect immediately.