Bill Text: NY A00017 | 2019-2020 | General Assembly | Introduced


Bill Title: Restricts hiring of child care providers with criminal convictions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to children and families [A00017 Detail]

Download: New_York-2019-A00017-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           17
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by M. of A. PERRY -- read once and referred 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-
    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.
                                                                   LBD02524-01-9

        A. 17                               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. 17                               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. 17                               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    § 2. This act shall take effect immediately.
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