Bill Text: NY S00353 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides for the criminal history check of applicants for a license or registration to provide child day care and for similar mandatory screening for child day care personnel; outlines the procedure and elements of mandatory screening and gives circumstances under which the license or registration may be denied.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-20 - COMMITTEE DISCHARGED AND COMMITTED TO CHILDREN AND FAMILIES [S00353 Detail]
Download: New_York-2009-S00353-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
353
2009-2010 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services, Children
and Families
AN ACT to amend the social services law, in relation to mandatory
screening of applicants for a license or registration to provide child
day care and to mandatory screening of personnel of child day care
providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 390 of the social services law is amended by
2 adding a new subdivision 10-a to read as follows:
3 10-A. (A) ANY PERSON WHO APPLIES FOR A LICENSE TO OPERATE A CHILD DAY
4 CARE CENTER OR GROUP FAMILY DAY CARE PROGRAM, OR ANY PERSON WHO APPLIES
5 FOR REGISTRATION TO OPERATE A FAMILY DAY CARE HOME, CHILD DAY CARE
6 CENTER OR SCHOOL-AGE CHILD CARE PROGRAM WHO KNOWINGLY, WILLFULLY OR
7 INTENTIONALLY FAILS TO DISCLOSE OR FALSIFIES INFORMATION REGARDING PRIOR
8 FELONY CONVICTIONS WHILE APPLYING FOR A LICENSE OR REGISTRATION SHALL BE
9 SUBJECT TO AN IMMEDIATE DENIAL OF SUCH APPLICATION FOR A PERIOD OF ONE
10 YEAR, OR, IF A LICENSE OR REGISTRATION WAS GRANTED TO THE APPLICANT IN
11 RELIANCE BY THE OFFICE OF CHILDREN AND FAMILY SERVICES ON SUCH FALSIFIED
12 APPLICATION SUCH CHILD DAY CARE PROVIDER SHALL BE SUBJECT TO AN IMMEDI-
13 ATE SUSPENSION OF SUCH LICENSE OR REGISTRATION FOR A PERIOD OF ONE YEAR.
14 IF SUCH FAILURE TO DISCLOSE OR FALSIFICATION CONCERNS ONE OF THE FELONY
15 CONVICTIONS SET FORTH IN SUBDIVISION TEN OF THIS SECTION, SUCH APPLI-
16 CANT'S APPLICATION SHALL BE PERMANENTLY DENIED OR SUCH CHILD DAY CARE
17 PROVIDER'S LICENSE SHALL BE REVOKED. SUCH DENIAL, SUSPENSION OR REVOCA-
18 TION SHALL COMMENCE UPON WRITTEN NOTIFICATION BY THE OFFICE TO THE
19 APPLICANT OR CHILD DAY CARE PROVIDER THAT THE OFFICE HAS BEEN MADE AWARE
20 OF SUCH FAILURE TO DISCLOSE OR FALSIFICATION. THE APPLICANT OR CHILD DAY
21 CARE PROVIDER SHALL BE ENTITLED TO A HEARING BEFORE THE OFFICE TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03477-01-9
S. 353 2
1 CONTEST THE ALLEGATIONS REGARDING FALSIFICATION OR FAILURE TO DISCLOSE.
2 SUCH HEARING MUST BE SCHEDULED TO COMMENCE AS SOON AS POSSIBLE BUT IN NO
3 EVENT LATER THAN THIRTY DAYS AFTER THE RECEIPT BY THE DEPARTMENT OF
4 FAMILY ASSISTANCE OF THE REQUEST FOR A HEARING MADE BY THE APPLICANT OR
5 CHILD DAY CARE PROVIDER. DENIAL, SUSPENSION OR REVOCATION SHALL CONTINUE
6 UNTIL A HEARING DECISION HAS BEEN ISSUED. IF THE OFFICE DETERMINES
7 AFTER A HEARING THAT THE DENIAL, SUSPENSION OR REVOCATION WAS PROPER,
8 SUCH DENIAL OR SUSPENSION SHALL CONTINUE FOR A PERIOD OF ONE YEAR FROM
9 ITS COMMENCEMENT, OR SUCH REVOCATION OR PERMANENT DENIAL SHALL BECOME
10 FINAL. THE OFFICE SHALL REVOKE SUCH DENIAL, SUSPENSION OR REVOCATION IF,
11 IN ITS ABSOLUTE DISCRETION, IT DEEMS THAT IN THE INTEREST OF JUSTICE,
12 SUCH DENIAL, SUSPENSION OR REVOCATION SHOULD BE REVOKED.
13 (B) ANY PERSON WHO APPLIES FOR A POSITION AS AN ASSISTANT, EMPLOYEE OR
14 VOLUNTEER AT A CHILD DAY CARE CENTER, GROUP FAMILY DAY CARE PROGRAM,
15 FAMILY DAY CARE HOME, OR SCHOOL-AGE CHILD CARE PROGRAM WHO KNOWINGLY,
16 WILLFULLY OR INTENTIONALLY FAILS TO DISCLOSE OR FALSIFIES INFORMATION
17 REGARDING PRIOR FELONY CONVICTIONS WHILE APPLYING FOR SUCH POSITION
18 SHALL BE SUBJECT TO AN IMMEDIATE DENIAL OF SUCH APPLICATION, OR, IF A
19 POSITION WAS GRANTED TO THE APPLICANT IN RELIANCE BY A CHILD DAY CARE
20 PROVIDER ON SUCH FALSIFIED APPLICATION SUCH ASSISTANT, EMPLOYEE OR
21 VOLUNTEER SHALL BE SUBJECT TO AN IMMEDIATE DISCHARGE FROM HIS OR HER
22 POSITION. SUCH DENIAL OR DISCHARGE SHALL COMMENCE UPON WRITTEN NOTIFICA-
23 TION BY THE CHILD DAY CARE PROVIDER TO THE APPLICANT, ASSISTANT, EMPLOY-
24 EE OR VOLUNTEER THAT THE CHILD DAY CARE PROVIDER HAS BEEN MADE AWARE OF
25 SUCH FAILURE TO DISCLOSE OR FALSIFICATION. THE APPLICANT, ASSISTANT,
26 EMPLOYEE OR VOLUNTEER SHALL BE ENTITLED TO A HEARING BEFORE THE OFFICE
27 TO CONTEST THE ALLEGATIONS REGARDING FALSIFICATION OR FAILURE TO
28 DISCLOSE. SUCH HEARING MUST BE SCHEDULED TO COMMENCE AS SOON AS POSSIBLE
29 BUT IN NO EVENT LATER THAN THIRTY DAYS AFTER THE RECEIPT BY THE OFFICE
30 OF THE REQUEST FOR A HEARING MADE BY THE APPLICANT, ASSISTANT, EMPLOYEE
31 OR VOLUNTEER. DENIAL OR DISCHARGE SHALL CONTINUE UNTIL A HEARING DECI-
32 SION HAS BEEN ISSUED. IF THE OFFICE DETERMINES AFTER A HEARING THAT THE
33 DENIAL OR DISCHARGE WAS PROPER, SUCH DENIAL OR DISCHARGE SHALL BECOME
34 FINAL. THE OFFICE SHALL REVOKE SUCH DENIAL OR DISCHARGE IF, IN ITS ABSO-
35 LUTE DISCRETION, IT DEEMS THAT IN THE INTEREST OF JUSTICE, SUCH DENIAL
36 OR DISCHARGE SHOULD BE REVOKED.
37 S 2. Section 390 of the social services law is amended by adding a new
38 subdivision 10-b to read as follows:
39 10-B. ANY PERSON WHO APPLIES FOR A LICENSE TO OPERATE A CHILD DAY CARE
40 CENTER OR GROUP FAMILY DAY CARE PROGRAM, OR ANY PERSON WHO APPLIES FOR
41 REGISTRATION TO OPERATE A FAMILY DAY CARE HOME, CHILD DAY CARE CENTER OR
42 SCHOOL-AGE CHILD CARE PROGRAM AND ANY OPERATOR OF A FAMILY DAY CARE
43 HOME, GROUP FAMILY DAY CARE HOME, SCHOOL-AGE CHILD CARE PROGRAM, OR
44 CHILD DAY CARE CENTER OR ANY ASSISTANT, EMPLOYEE OR VOLUNTEER IN SUCH
45 HOMES, PROGRAMS OR CENTERS, OR ANY PERSONS OVER THE AGE OF EIGHTEEN WHO
46 RESIDE IN SUCH HOMES SHALL BE SUBJECT TO SCREENING PROCEDURES AS
47 PROVIDED BY THIS SUBDIVISION.
48 FOR PURPOSES OF THIS SUBDIVISION, PERSONS APPLYING FOR A LICENSE OR
49 REGISTRATION SHALL BE COLLECTIVELY REFERRED TO AS APPLICANTS, AND
50 PERSONS WHO ARE NOT APPLICANTS SHALL BE COLLECTIVELY REFERRED TO AS
51 PERSONNEL.
52 (A) SCREENING FOR APPLICANTS SHALL BE CARRIED OUT BY THE OFFICE OF
53 CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH RULES AND REGULATIONS OF
54 THE COMMISSIONER OF THE OFFICE AND SHALL INCLUDE, BUT NOT BE LIMITED TO
55 (1) FINGERPRINTING; (2) REVIEW OF CRIMINAL CONVICTIONS AND PENDING CRIM-
56 INAL ACTIONS, PROVIDED THAT THE OFFICE SHALL NOT DENY A LICENSE OR
S. 353 3
1 REGISTRATION OF AN APPLICANT WHO IS THE SUBJECT OF A PENDING CRIMINAL
2 ACTION, BUT SHALL DEFER DECISION ON SUCH APPLICANT UNTIL DISPOSITION OF
3 THE PENDING CRIMINAL ACTION; AND (3) INQUIRE WITH THE STATEWIDE CENTRAL
4 REGISTER OF CHILD ABUSE AND MALTREATMENT. UPON COMPLETION BY THE OFFICE
5 OF THE PROCEDURES SET FORTH IN SUBPARAGRAPHS ONE, TWO AND THREE OF THIS
6 PARAGRAPH, IT SHALL DEFER DECISION ON SUCH APPLICANT'S LICENSE OR REGIS-
7 TRATION UNTIL THE OFFICE IS IN RECEIPT OF SUCH INFORMATION FROM THE
8 DIVISION OF CRIMINAL JUSTICE SERVICES AND FROM THE STATE CENTRAL REGIS-
9 TER OF CHILD ABUSE AND MALTREATMENT. IN THE EVENT SUCH INFORMATION
10 REVEALS THE EXISTENCE OF ANY FELONY CONVICTION SET FORTH IN SUBDIVISION
11 TEN OF THIS SECTION OR IF THE APPLICANT IS THE SUBJECT OF AN INDICATED
12 CHILD ABUSE AND MALTREATMENT REPORT, SUCH APPLICANT'S APPLICATION FOR A
13 LICENSE OR REGISTRATION SHALL BE DENIED. ALL CURRENT CHILD CARE PROVID-
14 ERS SHALL BE SUBJECT TO THE SCREENING PROCEDURES SET FORTH IN THIS PARA-
15 GRAPH AND A FINDING OF THE EXISTENCE OF ANY OF THE FELONY CONVICTIONS
16 SET FORTH IN SUBDIVISION TEN OF THIS SECTION OR A FINDING THAT THE
17 APPLICANT IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREATMENT
18 REPORT, SUCH CHILD CARE PROVIDER'S LICENSE OR REGISTRATION SHALL BE
19 IMMEDIATELY REVOKED UPON WRITTEN NOTICE TO THE CHILD CARE PROVIDER.
20 (B) (1) EACH CHILD CARE PROVIDER SHALL BE RESPONSIBLE FOR THE RECRUIT-
21 MENT OF APPROPRIATE PERSONNEL, THE VERIFICATION OF CREDENTIALS, THE
22 GATHERING OF PERSONAL AND EMPLOYMENT REFERENCES, AND SELECTION AND
23 HIRING OF ALL PERSONNEL NECESSARY TO FURNISH CHILD CARE SERVICES. EACH
24 CHILD DAY CARE PROVIDER AND THE OFFICE OF CHILDREN AND FAMILY SERVICES
25 SHALL COOPERATE WITH REGARD TO THE SCREENING OF ALL CURRENT AND PROSPEC-
26 TIVE PERSONNEL. THE METHOD OF SCREENING SHALL BE ACCOMPLISHED IN ACCORD-
27 ANCE WITH RULES AND REGULATIONS OF THE COMMISSIONER OF THE OFFICE.
28 SCREENING SHALL INCLUDE, BUT NOT BE LIMITED TO (I) FINGERPRINTING; (II)
29 REVIEW OF CRIMINAL CONVICTIONS AND PENDING CRIMINAL ACTIONS, PROVIDED
30 THAT THE CHILD CARE PROVIDER SHALL NOT DISMISS OR PERMANENTLY DENY A
31 POSITION TO CURRENT AND PROSPECTIVE PERSONNEL WHO ARE SUBJECTS OF PEND-
32 ING CRIMINAL ACTIONS, BUT MAY SUSPEND SUCH CURRENT PERSONNEL OR DEFER
33 DECISIONS ON SUCH PROSPECTIVE PERSONNEL UNTIL DISPOSITION OF THE PENDING
34 CRIMINAL ACTION; AND (III) INQUIRY WITH THE STATEWIDE CENTRAL REGISTER
35 OF CHILD ABUSE AND MALTREATMENT.
36 IN THE EVENT SUCH INQUIRY REVEALS THE EXISTENCE OF ANY FELONY
37 CONVICTION SET FORTH IN SUBDIVISION TEN OF THIS SECTION CONCERNING ANY
38 CURRENT OR PROSPECTIVE PERSONNEL OR IF ANY CURRENT OR PROSPECTIVE
39 PERSONNEL IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREATMENT
40 REPORT, SUCH CURRENT PERSONNEL SHALL BE DISCHARGED FROM HIS OR HER POSI-
41 TION AND SUCH PROSPECTIVE PERSONNEL'S APPLICATION FOR EMPLOYMENT, VOLUN-
42 TEER WORK OR OTHER ACTIVITY WITH THE CHILD CARE PROVIDER SHALL BE
43 DENIED. PERSONNEL DISCHARGED AND PROSPECTIVE PERSONNEL WHOSE APPLICA-
44 TIONS HAVE BEEN DENIED PURSUANT TO THIS SUBPARAGRAPH SHALL BE ENTITLED
45 TO A HEARING BEFORE THE OFFICE TO CONTEST SUCH DISCHARGE OR DENIAL. SUCH
46 HEARING MUST BE SCHEDULED TO COMMENCE AS SOON AS POSSIBLE BUT IN NO
47 EVENT LATER THAN THIRTY DAYS AFTER THE RECEIPT BY THE OFFICE OF THE
48 REQUEST FOR A HEARING MADE BY SUCH PERSONNEL OR PROSPECTIVE PERSONNEL.
49 IF THE OFFICE DETERMINES AFTER A HEARING THAT SUCH DENIAL OR DISCHARGE
50 WAS PROPER, SUCH DENIAL OR DISCHARGE SHALL BECOME FINAL.
51 (2) AS A CONDITION OF EMPLOYMENT AND CONTINUED EMPLOYMENT, THE CHILD
52 CARE PROVIDER SHALL OBTAIN WRITTEN CONSENT FROM ALL CURRENT AND PROSPEC-
53 TIVE CHILD CARE SERVICES PERSONNEL FOR FINGERPRINTING AND CRIMINAL
54 RECORD REVIEW. DENIAL OF SUCH CONSENT SHALL REQUIRE DISMISSAL OR REFUSAL
55 TO HIRE.
S. 353 4
1 (3) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL REQUIRE APPROPRI-
2 ATE DOCUMENTATION FROM THE CHILD CARE PROVIDER INDICATING COMPLIANCE
3 WITH THIS PARAGRAPH. ANY CHILD CARE PROVIDER, WHO, WITH KNOWLEDGE THAT
4 ANY CURRENT OR PROSPECTIVE PERSONNEL WOULD BE DISQUALIFIED FROM EMPLOY-
5 MENT PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH, WILFULLY OR INTEN-
6 TIONALLY FAILS TO COMPLY WITH THIS PARAGRAPH SHALL BE SUBJECT TO THE
7 IMMEDIATE REVOCATION OF HIS OR HER LICENSE OR REGISTRATION. ANY CHILD
8 CARE PROVIDER, WHO, WITHOUT KNOWLEDGE THAT CURRENT OR PROSPECTIVE
9 PERSONNEL WOULD BE DISQUALIFIED FROM EMPLOYMENT PURSUANT TO THE
10 PROVISIONS OF THIS PARAGRAPH, FAILS TO COMPLY WITH THE PROVISIONS OF
11 THIS PARAGRAPH SHALL BE SUBJECT TO THE IMMEDIATE ONE YEAR SUSPENSION OF
12 HIS OR HER LICENSE OR REGISTRATION.
13 S 3. This act shall take effect on the first of January next succeed-
14 ing the date on which it shall have become a law; provided, however,
15 that the adoption, amendment, suspension or repeal of any rule or regu-
16 lation necessary for timely implementation of this act is directed and
17 authorized to be completed on or before such effective date.
