Bill Text: NY S07897 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to access to the central register for child abuse and maltreatment; expands the definition of "provider agency" to include child care and school-based programs for children ages three through five regulated by the health code of the city of New York and temporary employment agencies and educational and training institutions providing child care staff; clarifies the definition of "licensing agency" to include the department of health and mental hygiene of the city of New York, when such department receives an application for a permit to provide child care or receives a notice of a school based program for children ages three through five.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-03-07 - REFERRED TO CHILDREN AND FAMILIES [S07897 Detail]
Download: New_York-2017-S07897-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7897 IN SENATE March 7, 2018 ___________ 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 the statewide central register for child abuse and maltreatment 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 424-a of the social services law, 2 as amended by section 3 of part Q of chapter 56 of the laws of 2017, is 3 amended to read as follows: 4 3. For purposes of this [section] title, the term "provider" or 5 "provider agency" shall mean: an authorized agency; the office of chil- 6 dren and family services; juvenile detention facilities subject to the 7 certification of the office of children and family services; programs 8 established pursuant to article nineteen-H of the executive law; non-re- 9 sidential or residential programs or facilities licensed or operated by 10 the office of mental health or the office for people with developmental 11 disabilities except family care homes; licensed child day care centers, 12 including head start programs which are funded pursuant to title V of 13 the federal economic opportunity act of nineteen hundred sixty-four, as 14 amended; early intervention service established pursuant to section 15 twenty-five hundred forty of the public health law; preschool services 16 established pursuant to section forty-four hundred ten of the education 17 law; school-age child care programs; special act school districts as 18 enumerated in chapter five hundred sixty-six of the laws of nineteen 19 hundred sixty-seven, as amended; programs and facilities licensed by the 20 office of alcoholism and substance abuse services; residential schools 21 which are operated, supervised or approved by the education department; 22 child care and school-based programs for children ages three through 23 five regulated by the health code of the city of New York, temporary 24 employment agencies providing substitute child care staff to any other 25 provider agency, and educational and training institutions assigning 26 child care staff as interns or residents at any other provider agency; 27 publicly-funded emergency shelters for families with children, provided, 28 however, for purposes of this section, when the provider or provider EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03229-04-8S. 7897 2 1 agency is a publicly-funded emergency shelter for families with chil- 2 dren, then all references in this section to the "potential for regular 3 and substantial contact with individuals who are cared for by the agen- 4 cy" shall mean the potential for regular and substantial contact with 5 children who are served by such shelter; and any other facility or 6 provider agency, as defined in subdivision four of section four hundred 7 eighty-eight of this chapter, in regard to the employment of staff, or 8 use of providers of goods and services and staff of such providers, 9 consultants, interns and volunteers. 10 § 2. Subdivision 4 of section 424-a of the social services law, as 11 amended by section 14 of part L of chapter 56 of the laws of 2015, is 12 amended to read as follows: 13 4. For purposes of this [section] title, the term "licensing agency" 14 shall mean an authorized agency which has received an application to 15 become an adoptive parent or an authorized agency which has received an 16 application for a certificate or license to receive, board or keep any 17 child pursuant to the provisions of section three hundred seventy-six or 18 three hundred seventy-seven of this article or an authorized agency 19 which has received an application from a relative within the second 20 degree or third degree of consanguinity of the parent of a child or a 21 relative within the second degree or third degree of consanguinity of 22 the step-parent of a child or children, or the child's legal guardian 23 for approval to receive, board or keep such child, or an authorized 24 agency that conducts a clearance pursuant to paragraph (d) of subdivi- 25 sion two of section four hundred fifty-eight-b of this article, or a 26 state or local governmental agency which receives an application to 27 provide child day care services in a child day care center, school-age 28 child care program, family day care home or group family day care home 29 pursuant to the provisions of section three hundred ninety of this arti- 30 cle, or the department of health and mental hygiene of the city of New 31 York, when such department receives an application for a [certificate of32approval to provide child day care services in a child day care center] 33 permit to provide child care services or receives a notice of a school 34 based program for children ages three through five pursuant to the 35 provisions of the health code of the city of New York, or the office of 36 mental health or the office for people with developmental disabilities 37 when such office receives an application for an operating certificate 38 pursuant to the provisions of the mental hygiene law to operate a family 39 care home, or a state or local governmental official who receives an 40 application for a permit to operate a camp which is subject to the 41 provisions of article thirteen-A or thirteen-B of the public health law 42 or the office of children and family services which has received an 43 application for a certificate to receive, board or keep any child at a 44 foster family home pursuant to articles nineteen-G and nineteen-H of the 45 executive law or any other facility or provider agency, as defined in 46 subdivision four of section four hundred eighty-eight of this chapter, 47 in regard to any licensing or certification function carried out by such 48 facility or agency. 49 § 3. Section 390-b of the social services law is amended by adding a 50 new subdivision 11 to read as follows: 51 11. For purposes of this section, and notwithstanding section three 52 hundred ninety of this article, an operator or provider of a child day 53 care center or a school age child care program shall include temporary 54 child care employment agencies and child care educational and training 55 institutions. A temporary child care employment agency or child care 56 educational and training institution shall be subject to the criminalS. 7897 3 1 history record check requirements for child care staff who may be placed 2 at a child day care center or a school age child care program, but not 3 for the operators or providers of such temporary child care employment 4 agency or child care educational and training institution. Such require- 5 ments shall include submitting fingerprint cards and such other informa- 6 tion as required by the office of children and family services and the 7 division of criminal justice services, and authorizing the office of 8 children and family services to deny or hold in abeyance an employee's 9 application as provided for in this section. The office of children and 10 family services may charge the temporary child care employment agency or 11 child care educational and training institution an amount equal to the 12 processing fee imposed pursuant to subdivision eight-a of section eight 13 hundred thirty-seven of the executive law. Where the office of children 14 and family services advises the temporary child care employment agency 15 or child care educational and training institution that an individual 16 has no criminal history record, no additional criminal history record 17 check by a child day care center or a school age child care program 18 shall be required upon placement of that individual at the child day 19 care center or a school age child care program. For purposes of this 20 subdivision, a "temporary child care employment agency" shall mean any 21 entity that employs substitute child care staff to be supplied on a 22 temporary basis to a child day care center or a school age child care 23 program, and a "child care educational and training institution" shall 24 mean any entity that assigns child care staff as interns or residents at 25 a child day care center or a school age child care program. 26 § 4. This act shall take effect immediately.