Bill Text: NY A00412 | 2019-2020 | General Assembly | Amended

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Bill Title: Provides that the period of licensure or certification for child care providers shall be for four years; relates to required inspections and background clearances; directs the office of children and family services to promulgate necessary rules and regulations setting forth training requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-01-13 - enacting clause stricken [A00412 Detail]

Download: New_York-2019-A00412-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         412--B
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by M. of A. JAFFEE -- read once and referred to the Committee
          on  Children  and  Families  --  committee  discharged,  bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          reported   and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the social services law, in relation to  the  licensure,
          registration  and  required  inspections,  background  clearances  and
          training for child care providers; and to repeal certain provisions of
          such law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 1 of
     2  section 390 of the social services law, as added by chapter 750  of  the
     3  laws of 1990, is amended to read as follows:
     4    (i)  "Child  day care" shall mean child care where a license or regis-
     5  tration pursuant to this section is required and shall include care  for
     6  a  child on a regular basis provided away from the child's residence for
     7  less than twenty-four hours per day  by  someone  other  than:  (1)  the
     8  parent,  step-parent,  guardian,  or relative within the third degree of
     9  consanguinity of the parents or step-parents of such child;  or  (2)  an
    10  enrolled  legally  exempt  provider as such term is defined in paragraph
    11  (g) of this subdivision.
    12    § 2. Subdivision 1 of section  390  of  the  social  services  law  is
    13  amended by adding a new paragraph (g) to read as follows:
    14    (g)  "Enrolled  legally  exempt provider" shall mean a person who is a
    15  caregiver or entity that is not required to be  licensed  or  registered
    16  pursuant  to  this  section  and  that is enrolled to be a caregiver and
    17  provide subsidized child care services to eligible families  in  accord-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04776-04-9
        A. 412--B                           2
     1  ance with title five-C of this article and the regulations of the office
     2  of children and family services.
     3    §  3.  Subdivision  2  of  section  390  of the social services law is
     4  amended by adding a new paragraph (d-1) to read as follows:
     5    (d-1) (i) The office of children and family services shall  promulgate
     6  regulations  for  enrollment of enrolled legally exempt providers, which
     7  shall include the completion of a satisfactory inspection of  the  prem-
     8  ises  where care is to be provided, by the office of children and family
     9  services.
    10    (ii) Provided however, such inspections shall not be required when the
    11  enrolled legally exempt provider  is  an  individual,  age  eighteen  or
    12  older, and who, by virtue of blood, marriage or court decree, is, to all
    13  of the children that such person is enrolled to provide subsidized child
    14  care services to in accordance with title five-C of this article:
    15    (A) a grandparent;
    16    (B) a great-grandparent;
    17    (C) a sibling, provided that such sibling resides in a separate house-
    18  hold from the child;
    19    (D) an aunt; or
    20    (E) an uncle.
    21    §  4.  Paragraphs  (a)  and (b) of subdivision 3 of section 390 of the
    22  social services law, paragraph (a) as amended by chapter 416 of the laws
    23  of 2000, and paragraph (b) as amended by chapter  117  of  the  laws  of
    24  2010, are amended to read as follows:
    25    (a)  (i) The office of children and family services may make announced
    26  or unannounced inspections of the records and premises of any:
    27    (1) child day care provider,  whether  or  not  such  provider  has  a
    28  license  from,  or is registered with, the office of children and family
    29  services; and
    30    (2) any existing enrolled legally exempt  provider  except  when  such
    31  provider is determined to be exempt in accordance with subparagraph (ii)
    32  of paragraph (d-1) of subdivision two of this section.
    33    (ii) The office of children and family services shall make unannounced
    34  inspections  of  the records and premises of any child day care provider
    35  within fifteen days after the office of  children  and  family  services
    36  receives  a  complaint  that, if true, would indicate such provider does
    37  not comply with the applicable regulations of the office of children and
    38  family services or with statutory requirements. If the  complaint  indi-
    39  cates  that  there may be imminent danger to the children, the office of
    40  children and family services shall investigate the  complaint  no  later
    41  than  the  next day of operation of the provider. The office of children
    42  and family services may provide for inspections through the purchase  of
    43  services.
    44    (b)  (i) Where inspections have been made and violations of applicable
    45  statutes or regulations have been found,  the  office  of  children  and
    46  family services shall within ten days advise the child day care provider
    47  in  writing  of  the violations and require the provider to correct such
    48  violations. The office of children and  family  services  may  also  act
    49  pursuant to subdivisions ten and eleven of this section.
    50    (ii)  Where  inspections  have  been made and violations of applicable
    51  statutes or regulations have been found,  the  office  of  children  and
    52  family  services  or  its  designees  shall, within ten days, advise the
    53  enrolled legally exempt  provider  in  writing  of  the  violations  and
    54  require the provider to correct such violations.
        A. 412--B                           3
     1    §  5.  Paragraph  (a)  of  subdivision  4 of section 390 of the social
     2  services law, as amended by chapter 416 of the laws of 2000, is  amended
     3  to read as follows:
     4    (a)  The  office  of  children  and family services on an annual basis
     5  shall inspect [at least twenty percent of all registered family day care
     6  homes, registered child day care centers and registered school age child
     7  care programs to determine whether such homes, centers and programs  are
     8  operating  in  compliance  with applicable statutes and regulations. The
     9  office of children and family services shall increase the percentage  of
    10  family  day care homes, child day care centers and school age child care
    11  programs which are inspected pursuant to this subdivision as follows: to
    12  at least thirty percent by the thirty-first of  December  two  thousand;
    13  and  to at least fifty percent by the thirty-first of December two thou-
    14  sand one] all child day care programs and all  enrolled  legally  exempt
    15  providers  except  when  such  provider  is  determined  to be exempt in
    16  accordance with subparagraph (ii) of paragraph (d-1) of subdivision  two
    17  of  this section. The office of children and family services may provide
    18  for such inspections through purchase of services.  [Priority  shall  be
    19  given  to family day care homes which have never been licensed or certi-
    20  fied prior to initial registration.]
    21    § 6. Paragraph (a) of subdivision 2  of  section  390  of  the  social
    22  services  law, as amended by chapter 117 of the laws of 2010, is amended
    23  to read as follows:
    24    (a) Child day care centers caring for seven or more children and group
    25  family day care programs, as defined in subdivision one of this section,
    26  shall obtain a license from the office of children and  family  services
    27  and  shall  operate in accordance with the terms of such license and the
    28  regulations of such office. Initial licenses [shall be valid for a peri-
    29  od of up to two years;] and subsequent licenses shall  be  valid  for  a
    30  period of up to four years so long as the provider remains substantially
    31  in compliance with applicable law and regulations during such period.
    32    § 7. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2
    33  of  section 390 of the social services law, as amended by chapter 117 of
    34  the laws of 2010, is amended to read as follows:
    35    (A) Initial registrations [shall be valid for a period of  up  to  two
    36  years,]  and  subsequent registrations shall be valid for a period of up
    37  to four years so long as the provider remains substantially  in  compli-
    38  ance with applicable law and regulations during such period.
    39    §  8.  Subdivision  3  of section 390-a of the social services law, as
    40  added by chapter 416 of the laws of 2000, paragraph (b)  as  amended  by
    41  chapter  552 of the laws of 2003, and subparagraph (ix) of paragraph (b)
    42  as amended by chapter 117 of the laws of 2010, is  amended  to  read  as
    43  follows:
    44    3.  (a)  The  office  of children and family services shall promulgate
    45  regulations [requiring] setting forth the training requirements, includ-
    46  ing any federally required training, for operators,  program  directors,
    47  employees [and], assistants [of] and any volunteer who has the potential
    48  for  regular  and  substantial contact with children and/or unsupervised
    49  contact with children in care, but only when such  unsupervised  contact
    50  involves caring for the child in their professional or official capacity
    51  and  as  a  volunteer,  in  family day care homes, group family day care
    52  homes, school-age child care programs and child day care  centers.  Such
    53  individuals  shall be required to receive thirty hours of training every
    54  two years; provided, however, [that fifteen] any individual or  provider
    55  who  is already in compliance with this subdivision, prior to the effec-
    56  tive date of the chapter of the  laws  of  two  thousand  nineteen  that
        A. 412--B                           4
     1  amended  this  subdivision, shall only be required to complete any addi-
     2  tional  federal  training  requirements  which  they  have  not  already
     3  completed  in  order  to  be deemed in compliance with this subdivision.
     4  Fifteen  hours  of  such  training must be received within the first six
     5  months of the  initial  licensure,  registration  or  employment.  [Such
     6  training requirements shall also apply to any volunteer in such day care
     7  homes,  programs  or  centers  who  has  the  potential  for regular and
     8  substantial  contact  with  children.]  The  thirty  hours  of  training
     9  required  during  the  first  biennial  cycle after initial licensure or
    10  registration shall include training received while  an  application  for
    11  licensure  or  registration  pursuant to section three hundred ninety of
    12  this title is pending. The office of children and  family  services  may
    13  provide this training through purchase of services.
    14    (b)  The  training required in paragraph (a) of this subdivision shall
    15  address the following topics:
    16    (i) principles of childhood development, focusing on the developmental
    17  stages of the age groups for which the program provides care;
    18    (ii) nutrition and health needs of infants and children;
    19    (iii) child day care program development;
    20    (iv) safety and security procedures;
    21    (v) business record maintenance and management;
    22    (vi) child abuse and maltreatment identification and prevention;
    23    (vii) statutes and regulations pertaining to child day care;
    24    (viii)  statutes  and  regulations  pertaining  to  child  abuse   and
    25  maltreatment; and
    26    (ix)  for  operators,  program  directors, employees and assistants of
    27  family day care homes, group family day care homes and  child  day  care
    28  centers,  education and information on the identification, diagnosis and
    29  prevention of shaken baby syndrome[.]; and
    30    (x) any other topics necessary to meet federal training requirements.
    31    (c) For the thirty hours  of  biennial  training  required  after  the
    32  initial  period  of  licensure  or  registration,  each provider who can
    33  demonstrate basic competency shall determine in which of  the  specified
    34  topics he or she needs further study, based on the provider's experience
    35  and the needs of the children in the provider's care.
    36    (d)  Family  day  care  home  and group family day care home operators
    37  shall obtain training pertaining to protection of the health and  safety
    38  of  children,  as  required  by  regulation,  prior to the issuance of a
    39  license or registration by the office of children and family services.
    40    (e) Upon request by the office of children and  family  services,  the
    41  child  day  care applicant or provider shall submit documentation demon-
    42  strating compliance with the training requirements of this section.
    43    § 9. The section heading of section 390-b of the social services  law,
    44  as  added  by  chapter  416  of  the laws of 2000, is amended to read as
    45  follows:
    46    Criminal history  review  and  background  clearances  of  child  care
    47  providers, generally.
    48    §  10. Subdivisions 1, 2 and 3 of section 390-b of the social services
    49  law are REPEALED and three new subdivisions 1, 2   and 3  are  added  to
    50  read as follows:
    51    1.    Subject  to  implementing rules and regulations of the office of
    52  children and family services and,  where  applicable,  the  division  of
    53  criminal  justice services, the following background clearances shall be
    54  conducted  expeditiously,  but  in  any  event,  within  the  timeframes
    55  required  by  federal  law, for entities specified in subdivision two of
    56  this section in the manner as required by this section:
        A. 412--B                           5
     1    (a) a criminal history record check  with  the  division  of  criminal
     2  justice services;
     3    (b)  a  search  of the criminal history repository in each state other
     4  than New York where such person resides or resided during the  preceding
     5  five  years,  if applicable, unless such state's criminal history record
     6  information will be provided as part of the results  of  the  background
     7  clearance conducted pursuant to paragraph (c) of this subdivision;
     8    (c) a national criminal record check with the federal bureau of inves-
     9  tigation;  the  division  of  criminal  justice  services is directed to
    10  submit fingerprints to the  federal  bureau  of  investigation  for  the
    11  purpose  of  a nationwide criminal history record check, pursuant to and
    12  consistent with public law 113-186 to  determine  whether  such  persons
    13  shall have a criminal history in any state or federal jurisdiction;
    14    (d) a search of the New York state sex offender registry;
    15    (e)  a search of any state sex offender registry or repository in each
    16  state other than New York where such person resides  or  resided  during
    17  the  preceding five years, if applicable, unless such state's sex offen-
    18  der registry information will be  provided  as  part  of  the  clearance
    19  conducted pursuant to paragraph (f) of this subdivision;
    20    (f)  a search of the national sex offender registry using the national
    21  crime and information center, established under  the  Adam  Walsh  child
    22  protection and safety act of 2006 (42 U.S.C. 16901 et seq.);
    23    (g)  a database check of the statewide central register of child abuse
    24  and maltreatment in accordance with section four  hundred  twenty-four-a
    25  of this article; and
    26    (h) a search of a state-based child abuse or neglect repository of any
    27  state  other  than  New York where such person resides or resided during
    28  the preceding five years; if applicable.
    29    2. (a) In relation to any child day care program or  enrolled  legally
    30  exempt  provider,  as  defined  in  section three hundred ninety of this
    31  title, the following individuals shall be required to receive background
    32  clearances as required in subdivision one of this section:
    33    (i) any applicant to be an operator or director of a  child  day  care
    34  program;
    35    (ii) any current operator or director of a child day care program;
    36    (iii) any applicant to enroll to be a caregiver for an enrolled legal-
    37  ly  exempt  provider,  unless such individual is related to all children
    38  for whom child care services are provided;
    39    (iv) any current caregiver for an enrolled  legally  exempt  provider,
    40  unless  such  individual  is related to all children for whom child care
    41  services are provided;
    42    (v) any applicant to be an employee, assistant or volunteer, when such
    43  volunteer has the potential for unsupervised contact with children in  a
    44  child day care program;
    45    (vi) any current employee, assistant or volunteer, when such volunteer
    46  has  the potential for unsupervised contact with children in a child day
    47  care program;
    48    (vii) any applicant to be an employee, assistant or volunteer with the
    49  potential for unsupervised contact with children in an enrolled  legally
    50  exempt  provider,  unless such individual is related to all children for
    51  whom child care services are provided;
    52    (viii) any current employee, assistant, or volunteer with  the  poten-
    53  tial  for  unsupervised  contact  with  children  in an enrolled legally
    54  exempt provider, unless such individual is related to all  children  for
    55  whom child care services are provided; and
        A. 412--B                           6
     1    (ix)  where  the child care services will be or are provided in a home
     2  setting where the child does not reside, any individual, age eighteen or
     3  older who is not related to all children for whom  child  care  services
     4  are or will be provided, resides or begins to reside.
     5    (b)  Provided  however, the background clearances required pursuant to
     6  paragraphs (a), (c), (d) and (g) of  subdivision  one  of  this  section
     7  shall,  beginning  September  first, two thousand nineteen, be completed
     8  for individuals referenced in subparagraphs (i), (iii), (v),  (vii)  and
     9  (ix) of paragraph (a) of this subdivision.
    10    (c)  Notwithstanding paragraph (b) of this subdivision, prior to Octo-
    11  ber first, two thousand twenty,  all  background  clearances  listed  in
    12  subdivision  one of this section that have not previously been conducted
    13  pursuant to paragraph (b) of this subdivision  and  for  which  on-going
    14  criminal history results are not already provided, shall be conducted in
    15  accordance with a schedule developed by the office of children and fami-
    16  ly  services,  for background clearances required in subparagraphs (ii),
    17  (iv), (vi), (viii) and (ix) of paragraph (a) of this subdivision.
    18    (d) The office of children and family services shall  also  develop  a
    19  schedule for applicable background clearance required to be completed in
    20  accordance  with subdivision one of this section after background clear-
    21  ances pursuant to paragraphs (b) and (c) of this subdivision  have  been
    22  completed  for  compliance  with  the federal child care and development
    23  block grant act.
    24    (e) The background clearances required pursuant to this section  other
    25  than  those  for  which  on-going criminal history results are provided,
    26  shall be conducted for a person  listed  in  subparagraphs  (ii),  (iv),
    27  (vi), (viii) and (ix) of paragraph (a) of this subdivision at least once
    28  every  five  years in accordance with a schedule developed by the office
    29  of children and family services.
    30    3. (a) In relation to the background clearances required pursuant this
    31  section, an individual required to receive background clearances  pursu-
    32  ant  to paragraph (a) of subdivision two of this section shall be deemed
    33  ineligible to provide child care services in any child day care  program
    34  or  as  an enrolled legally exempt provider, as defined in section three
    35  hundred ninety of this title, if such individual:
    36    (i) refuses to consent to such clearance;
    37    (ii) knowingly makes a materially false statement in  connection  with
    38  such a clearance;
    39    (iii)  is  registered, or is required to be registered, on a state sex
    40  offender registry or repository or the national  sex  offender  registry
    41  established under the Adam Walsh child protection and safety act of 2006
    42  (42 U.S.C. 16901 et seq.); or
    43    (iv)  has  been convicted of a crime enumerated in subparagraph (E) or
    44  clauses (i) through (viii) of  subparagraph  (D)  of  paragraph  (1)  of
    45  subdivision (C) of 42 U.S.C. 9858f.
    46    (b)  Except  as  set forth in paragraph (c) of this subdivision, after
    47  reviewing any New York criminal record check of  an  individual  who  is
    48  required  to  receive  such background clearance pursuant to subdivision
    49  two of this section, the office of children and family services and  the
    50  program or provider shall take the following actions:
    51    (i)  Where  the  criminal  record  check  of an individual required to
    52  receive background clearances pursuant to subparagraphs (i),  (iii)  and
    53  (ix)  of  paragraph  (a)  of  subdivision two of this section, reveals a
    54  conviction for a crime other than one set forth in subparagraph (iv)  of
    55  paragraph  (a)  of  this  subdivision, the office of children and family
    56  services may deny the application, only after providing a copy  of  such
        A. 412--B                           7
     1  criminal history information and a copy of article twenty-three-A of the
     2  correction law to the individual and informing such individual of his or
     3  her  right  to seek correction of any incorrect information contained in
     4  such  criminal  history information provided by the division of criminal
     5  justice services pursuant to the regulations and the right of such indi-
     6  vidual to provide information relevant to such analysis to the office of
     7  children and family services, consistent with article twenty-three-A  of
     8  the correction law;
     9    (ii)  Where  the  criminal  record  check of an individual required to
    10  receive background clearances pursuant to subparagraphs (i),  (iii)  and
    11  (ix)  of  paragraph  (a)  of  subdivision two of this section, reveals a
    12  pending charge for any crime, the office of children and family services
    13  shall hold the application in abeyance until the charge is adjudicated;
    14    (iii) Where the criminal record check of  an  individual  required  to
    15  receive  background  clearances pursuant to subparagraphs (ii), (iv) and
    16  (ix) of paragraph (a) of subdivision two  of  this  section,  reveals  a
    17  conviction  for a crime other than one set forth in subparagraph (iv) of
    18  paragraph (a) of this subdivision, the office  of  children  and  family
    19  services  shall  conduct  a safety assessment of the program or provider
    20  and take all appropriate steps to protect the health and safety  of  the
    21  children  receiving  care  at such location. The office may deny, limit,
    22  suspend, revoke, reject or terminate a license or registration or termi-
    23  nate  such  provider's  enrollment,  as  applicable  based  on  such   a
    24  conviction,  only after providing a copy of such criminal history infor-
    25  mation and a copy of article twenty-three-A of the correction law to the
    26  individual and informing such individual of his or  her  right  to  seek
    27  correction  of  any  incorrect  information  contained  in such criminal
    28  history  information  provided  by  the  division  of  criminal  justice
    29  services pursuant to the regulations and the right of such individual to
    30  provide  information relevant to such analysis to the office of children
    31  and family services,  consistent  with  article  twenty-three-A  of  the
    32  correction law;
    33    (iv)  Where  the  criminal  record  check of an individual required to
    34  receive background clearances pursuant to subparagraphs (ii),  (iv)  and
    35  (ix)  of  paragraph  (a)  of  subdivision two of this section, reveals a
    36  pending charge for any crime, the office of children and family services
    37  shall conduct a safety assessment of the program or  provider  and  take
    38  all  appropriate  steps to protect the health and safety of the children
    39  receiving care at such location.  The  office  may  suspend  a  license,
    40  registration,  or enrollment, as applicable based on such pending charge
    41  where necessary to protect the health and safety of the children receiv-
    42  ing care at such location consistent with article twenty-three-A of  the
    43  correction law;
    44    (v)  Where  the  criminal  record  check  of an individual required to
    45  receive background clearances pursuant to subparagraphs (v) and (vii) of
    46  paragraph (a) of subdivision two of this section, reveals  a  conviction
    47  for  a  crime other than one set forth in subparagraph (iv) of paragraph
    48  (a) of this subdivision, the office of children and family services may,
    49  direct the program or provider  to  deny  the  application,  only  after
    50  providing  a  copy  of  such  criminal history information and a copy of
    51  article twenty-three-A of the  correction  law  to  the  individual  and
    52  informing  such individual of his or her right to seek correction of any
    53  incorrect information contained in  such  criminal  history  information
    54  provided  by  the  division of criminal justice services pursuant to the
    55  regulations and the right of  such  individual  to  provide  information
        A. 412--B                           8
     1  relevant to such analysis to the office of children and family services,
     2  consistent with article twenty-three-A of the correction law;
     3    (vi)  Where  the  criminal  record  check of an individual required to
     4  receive background clearances pursuant to subparagraphs (v) and (vii) of
     5  paragraph (a) of subdivision two of  this  section,  reveals  a  pending
     6  charge  for  any crime, the office of children and family services shall
     7  hold the application in abeyance until the charge is adjudicated;
     8    (vii) Where the criminal record check of  an  individual  required  to
     9  receive  background clearances pursuant to subparagraphs (vi) and (viii)
    10  of paragraph (a) of subdivision two of this section reveals a conviction
    11  for a crime other than one set forth in subparagraph (iv)  of  paragraph
    12  (a)  of  this  subdivision,  the  office of children and family services
    13  shall conduct a safety assessment of the program or  provider  and  take
    14  all  appropriate  steps to protect the health and safety of the children
    15  receiving care at such location. The office may direct  the  program  or
    16  provider to terminate the employee, assistant or volunteer based on such
    17  a  conviction,  only  after  providing  a  copy of such criminal history
    18  information and a copy of article twenty-three-A of the  correction  law
    19  to  the  individual and informing such individual of his or her right to
    20  seek correction of any incorrect information contained in such  criminal
    21  history  information  provided  by  the  division  of  criminal  justice
    22  services pursuant to the regulations and the right of such individual to
    23  provide information relevant to such analysis to the office of  children
    24  and  family  services,  consistent  with  article  twenty-three-A of the
    25  correction law and in accordance with any applicable collective bargain-
    26  ing agreement;
    27    (viii) Where the criminal record check of an  individual  required  to
    28  receive  background clearances pursuant to subparagraphs (vi) and (viii)
    29  of paragraph (a) of subdivision two of this section  reveals  a  pending
    30  charge  for  any crime, the office of children and family services shall
    31  conduct a safety assessment of the program  or  provider  and  take  all
    32  appropriate  steps  to  protect  the  health  and safety of the children
    33  receiving care at such location; or
    34    (ix) Advise the program or provider that the individual has no  crimi-
    35  nal history record.
    36    (c)(i)  The  office  of children and family services shall not release
    37  the report of the national  criminal  record  check  received  from  the
    38  federal  bureau  of investigation in accordance with this subdivision to
    39  any non-public entity or entity not otherwise authorized.
    40    (ii) Notwithstanding any other provision of law to the contrary, after
    41  reviewing any national criminal record check of  an  individual  who  is
    42  required  to receive such background clearance pursuant to paragraph (a)
    43  of subdivision two of this section, the office of  children  and  family
    44  services  shall proceed as follows:  (A) review and evaluate the results
    45  of the national criminal record check of a current or prospective opera-
    46  tor, director, caregiver, employee, assistant, volunteer with the poten-
    47  tial for unsupervised contact with the child receiving services as  well
    48  as  any  other  person eighteen years of age or older who resides in the
    49  home where care is provided or to be provided, other than in the child's
    50  home, in accordance with the standards set forth in paragraphs  (a)  and
    51  (b)  of this subdivision relating to convictions that make an individual
    52  ineligible, discretionarily ineligible, or a direction that  such  indi-
    53  vidual's  background  clearance  request  be held in abeyance during the
    54  pendency of certain criminal charges; and (B) based on  the  results  of
    55  the  national criminal record check, where applicable, inform such child
    56  day care program or enrolled legally exempt provider that  the  applica-
        A. 412--B                           9
     1  tion or employment (1) must be denied or terminated; (2) must be held in
     2  abeyance  pending subsequent notification pursuant to subdivision six of
     3  this section, from the office of children and family  services;  or  (3)
     4  that the office of children and family services has no objection, solely
     5  based  on  the  national  criminal  record check, for the child day care
     6  program or enrolled legally exempt provider to proceed with  a  determi-
     7  nation  on such application or current employment based on any currently
     8  required standards.
     9    (iii) Where the office of children and  family  services  directs  the
    10  child  day  care program or enrolled legally exempt provider to deny the
    11  application or terminate employment in accordance with  this  paragraph,
    12  the office of children and family services shall also notify as the case
    13  may  be, such current or prospective employee, assistant, volunteer with
    14  the potential for unsupervised contact with  children  or  other  person
    15  eighteen  years  of  age or older, who resides in the home where care is
    16  provided, other than the child's home, that the  criminal  record  check
    17  was  the  basis for the denial of clearance and shall provide such indi-
    18  vidual with a copy of the results of the national criminal record  check
    19  upon  which  such  denial  was  based  together with a written statement
    20  setting forth the reasons for such denial, as well as a copy of  article
    21  twenty-three-A  of  the correction law and inform such individual of his
    22  or her right to seek correction of any incorrect  information  contained
    23  in such national record check provided by the federal bureau of investi-
    24  gation  pursuant  to the regulations and the right of such individual to
    25  provide information relevant to such analysis.
    26    § 11. Subdivisions 6 and 7 of section 390-b  of  the  social  services
    27  law, as added by chapter 416 of the laws of 2000, are amended to read as
    28  follows:
    29    6.  The  notification by the office of children and family services to
    30  the child day care [provider] program or enrolled legally exempt provid-
    31  er pursuant to this section shall include a summary of the  individual's
    32  New  York  criminal  history record, if any, provided by the division of
    33  criminal justice services. When providing notification to  a  child  day
    34  care  program  or  enrolled  legally  exempt provider who are non-public
    35  agencies, or otherwise unauthorized to receive such  notification,  with
    36  respect  to the results of a national criminal record check performed by
    37  the federal bureau of investigation, the office of children  and  family
    38  services shall advise the program or provider, where appropriate, of the
    39  category or categories of crime or crimes for which the individual has a
    40  conviction,  and  shall  not  provide  the  specific  crime or crimes of
    41  conviction absent the express written consent of the person for whom the
    42  national criminal record check was performed.
    43    7. Where the office of children and family services  directs  a  child
    44  day  care [provider] program or enrolled legally exempt provider to deny
    45  an application [based on the criminal history record],  the  program  or
    46  provider  must notify the applicant [that such record is] in writing the
    47  basis of the denial.
    48    § 12. Subdivision 10 of section 390 of the  social  services  law,  as
    49  amended  by  chapter  416  of  the  laws  of 2000, is amended to read as
    50  follows:
    51    10. (a) Any home or facility providing child day care shall  be  oper-
    52  ated  in  accordance  with  applicable  statutes  and  regulations.  Any
    53  violation of applicable statutes or regulations  shall  be  a  basis  to
    54  deny,  limit,  suspend,  revoke, or terminate a license or registration.
    55  Consistent  with  articles  twenty-three  and  twenty-three-A   of   the
    56  correction  law, and guidelines referenced in subdivision two of section
        A. 412--B                          10
     1  four hundred twenty-five of this article, if the office of children  and
     2  family  services is made aware of the existence of a criminal conviction
     3  or pending criminal charge concerning an operator of a family  day  care
     4  home,  group  family  day  care  home, school-age child care program, or
     5  child day care center or concerning any assistant, employee or volunteer
     6  in such homes, programs or centers, or any persons age eighteen or  over
     7  who  reside  in  such homes, such conviction or charge may be a basis to
     8  deny, limit, suspend, revoke, reject, or terminate a license  or  regis-
     9  tration  in  accordance  with subdivision three of section three hundred
    10  ninety-b of this title.  Before  any  license  issued  pursuant  to  the
    11  provisions  of this section is suspended or revoked, before registration
    12  pursuant to this section is suspended or terminated, or when an applica-
    13  tion for such license is denied or registration rejected, the  applicant
    14  for  or  holder of such registration or license is entitled, pursuant to
    15  section twenty-two of this chapter and the regulations of the office  of
    16  children and family services, to a hearing before the office of children
    17  and  family services. However, a license or registration shall be tempo-
    18  rarily suspended or limited without a hearing upon written notice to the
    19  operator of the facility following a finding that the public health,  or
    20  an individual's safety or welfare, are in imminent danger. The holder of
    21  a  license  or  registrant is entitled to a hearing before the office of
    22  children and family services to  contest  the  temporary  suspension  or
    23  limitation.  If the holder of a license or registrant requests a hearing
    24  to contest the temporary suspension or limitation, such hearing must  be
    25  scheduled  to  commence  as  soon as possible but in no event later than
    26  thirty days after the receipt of the request by the office  of  children
    27  and  family  services.  Suspension  shall  continue  until the condition
    28  requiring suspension or limitation is corrected or until a hearing deci-
    29  sion has been issued. If the office  of  children  and  family  services
    30  determines  after  a hearing that the temporary suspension or limitation
    31  was proper, such suspension or limitation shall be  extended  until  the
    32  condition requiring suspension or limitation has been corrected or until
    33  the license or registration has been revoked.
    34    (b)  (i)  Consistent  with articles twenty-three and twenty-three-A of
    35  the correction law, and guidelines developed pursuant to subdivision two
    36  of section four hundred twenty-five of this article, if  the  office  of
    37  children  and family services is made aware of the existence of a crimi-
    38  nal conviction or  pending  criminal  charge  concerning  a  current  or
    39  prospective caregiver, employee, assistant, volunteer with the potential
    40  for  unsupervised  contact,  or  any  persons  age eighteen or older who
    41  reside in such home where care is provided, that is not in  the  child's
    42  home,  and such person is not related to all children receiving care, in
    43  an enrolled legally exempt provider, such conviction or charge may be  a
    44  basis  to  terminate  enrollment in accordance with subdivision three of
    45  section three hundred ninety-b of this title. Before any enrollment  for
    46  an enrolled legally exempt provider may be terminated, or when an appli-
    47  cation  for  such  enrollment  is denied, the applicant for or holder of
    48  such enrollment is entitled, in accordance with  section  twenty-two  of
    49  this  chapter and the implementing regulations of the office of children
    50  and family services, to a hearing before  the  office  of  children  and
    51  family  services.  However, an enrollment shall be temporarily suspended
    52  or limited without a hearing upon written notice to the provider follow-
    53  ing a finding that the public  health,  or  an  individual's  safety  or
    54  welfare, are in imminent danger.
    55    (ii)  If  an  enrolled  legally exempt provider's enrollment is termi-
    56  nated, such individual or entity shall be immediately  re-enrolled  once
        A. 412--B                          11
     1  the  issue  that  caused the initial termination has been corrected, and
     2  all other elements legally required for enrollment have been satisfied.
     3    §  13.  Subdivisions  9 and 10 of section 390-b of the social services
     4  law, as added by chapter 416 of the laws of 2000, are  amended  and  two
     5  new subdivisions 11 and 12 are added to read as follows:
     6    9.  Any  criminal  history record provided by the division of criminal
     7  justice services,  and  any  summary  of  the  criminal  history  record
     8  provided  by  the  office of children and family services to a child day
     9  care [provider] program or enrolled legally exempt provider pursuant  to
    10  this  section,  is  confidential  and  shall not be available for public
    11  inspection; provided, however, nothing herein shall prevent a child  day
    12  care  [provider] program, enrolled legally exempt provider or the office
    13  of children and family services from disclosing criminal history  infor-
    14  mation  or  the  individual  from disclosing his or her criminal history
    15  information at any administrative or judicial proceeding relating to the
    16  denial or revocation of an application, employment, license [or], regis-
    17  tration  or  enrollment.  The  subject  of  a  criminal  history  review
    18  conducted  pursuant  to  this section shall be entitled to receive, upon
    19  written request, a copy of the [summary of the] criminal history  record
    20  [provided by the office of children and family services to the child day
    21  care  provider].    Unauthorized  disclosure  of such records or reports
    22  shall subject the provider to civil penalties  in  accordance  with  the
    23  provisions of subdivision eleven of section three hundred ninety of this
    24  title.
    25    10.  A  child  day  care [provider] program or enrolled legally exempt
    26  provider shall advise the office of children and family services when an
    27  individual who is subject to criminal history record review  in  accord-
    28  ance  with subdivision [one or] two of this section is no longer subject
    29  to such review. The office of children and family services shall  inform
    30  the  division  of  criminal  justice  services when an individual who is
    31  subject to criminal history review is no longer subject to  such  review
    32  so  that  the  division  of  criminal justice services may terminate its
    33  retain processing with regard to such person. At least once a year,  the
    34  office  of  children  and  family services will be required to conduct a
    35  validation of the records maintained by the division of criminal justice
    36  services.
    37    11. The office of children and family services shall pay any  process-
    38  ing  fees  for  a  criminal  history or sex offender clearance conducted
    39  pursuant to subdivision one of this section. The office of children  and
    40  family  services shall promptly submit fingerprints obtained pursuant to
    41  this section and such processing fee to the division of criminal justice
    42  services.
    43    12. Child day care centers which are not subject to the provisions  of
    44  section  three  hundred ninety of this title shall not be subject to the
    45  provisions of this section, provided however, that the city of New  York
    46  shall  require that such child day care centers meet the requirements of
    47  any federal laws and regulations pertaining to the child  care  develop-
    48  ment  and  block  grant  and the related federally approved plans of the
    49  state of New York.
    50    § 14. Subparagraph (z) of paragraph (A) of subdivision  4  of  section
    51  422  of  the  social services law, as amended by section 11 of part L of
    52  chapter 56 of the laws of 2015, is amended to read as follows:
    53    (z) an entity with appropriate legal authority  in  another  state  to
    54  license,  certify  or  otherwise  approve  prospective  foster  parents,
    55  prospective  adoptive  parents,  prospective  relative  guardians  [or],
    56  prospective  successor guardians or child care programs where disclosure
        A. 412--B                          12
     1  of information regarding such prospective foster or prospective adoptive
     2  parents [or], child care programs, prospective relative  or  prospective
     3  successor  guardians and other persons over the age of eighteen residing
     4  in  the  home  of such persons [is] or where child care is provided in a
     5  home other than the child's home, as required under title  IV-E  of  the
     6  federal  social  security  act or the federal child care and development
     7  block grant act (section nine thousand  eight  hundred  fifty-eight,  et
     8  seq. of title forty-two of the United States Code); and
     9    §  15.  Paragraph  (a) of subdivision 1 of section 424-a of the social
    10  services law, as amended by section 12 of part L of chapter  56  of  the
    11  laws of 2015, is amended to read as follows:
    12    (a)  A  licensing  agency  shall inquire of the [department] office of
    13  children and family services and the [department] office shall,  subject
    14  to  the  provisions  of  paragraph  (e) of this subdivision, inform such
    15  agency and the subject of the inquiry whether an applicant for a certif-
    16  icate, license [or], permit or enrollment when such  individual  is  not
    17  related  to  all children for whom care will be provided, [assistants to
    18  group] or to become an employee, assistant or volunteer with the  poten-
    19  tial for unsupervised contact with children in care of a family day care
    20  [providers] program or in the case of an enrolled legally exempt provid-
    21  er  when  such  individual  is not related to all children for whom care
    22  will be provided, the director of a camp subject to  the  provisions  of
    23  article  thirteen-B  of  the public health law, [a prospective successor
    24  guardian when a clearance is conducted  pursuant  to  paragraph  (d)  of
    25  subdivision  two of section four hundred fifty-eight-b of this article,]
    26  and any person over the age of eighteen who resides in  the  home  of  a
    27  person  who  has applied to become an adoptive parent or a foster parent
    28  [or to operate a family day care home or group family day care  home  or
    29  any  person  over the age of eighteen residing in the home of a prospec-
    30  tive successor guardian when a clearance is conducted of  a  prospective
    31  successor  guardian pursuant to this paragraph] or on the premises where
    32  child care services are provided in a home other than the  child's  home
    33  and  such person is not related to all children receiving care, has been
    34  or is currently the subject of an indicated child abuse and maltreatment
    35  report on file with the statewide central register of  child  abuse  and
    36  maltreatment.
    37    §  16.  Subdivision  4 of section 424-a of the social services law, as
    38  amended by section 14 of part L of chapter 56 of the laws  of  2015,  is
    39  amended to read as follows:
    40    4.  For  purposes  of  this section, the term "licensing agency" shall
    41  mean an authorized agency which has received an application to become an
    42  adoptive parent or an authorized agency which has received  an  applica-
    43  tion  for  a  certificate or license to receive, board or keep any child
    44  pursuant to the provisions of section three hundred seventy-six or three
    45  hundred seventy-seven of this article or an authorized agency which  has
    46  received  an  application  from  a  relative within the second degree or
    47  third degree of consanguinity of the parent of a  child  or  a  relative
    48  within  the  second degree or third degree of consanguinity of the step-
    49  parent of a child  or  children,  or  the  child's  legal  guardian  for
    50  approval  to  receive, board or keep such child, or an authorized agency
    51  that conducts a clearance pursuant to paragraph (d) of  subdivision  two
    52  of  section  four  hundred  fifty-eight-b of this article, or a state or
    53  local governmental agency which receives an application to provide child
    54  day care services in a child day  care  center,  school-age  child  care
    55  program,  family day care home or group family day care home or enrolled
    56  legally exempt provider pursuant to  the  provisions  of  section  three
        A. 412--B                          13
     1  hundred  ninety  of this article, or the department of health and mental
     2  hygiene of the city of New York, when such department receives an appli-
     3  cation for a certificate of approval to provide child day care  services
     4  in a child day care center pursuant to the provisions of the health code
     5  of  the  city  of New York, or the office of mental health or the office
     6  for people with developmental disabilities when such office receives  an
     7  application  for  an operating certificate pursuant to the provisions of
     8  the mental hygiene law to operate a family care  home,  or  a  state  or
     9  local  governmental official who receives an application for a permit to
    10  operate a camp which is subject to the provisions of article  thirteen-B
    11  of  the  public health law or the office of children and family services
    12  which has received an application for a certificate to receive, board or
    13  keep any child at a foster family home pursuant to  articles  nineteen-G
    14  and  nineteen-H  of  the executive law or any other facility or provider
    15  agency, as defined in subdivision four of section four  hundred  eighty-
    16  eight of this chapter, in regard to any licensing or certification func-
    17  tion carried out by such facility or agency.
    18    §  17. All costs associated with activities related to the implementa-
    19  tion of the federal child care development block  grant  reauthorization
    20  act  of 2014 required pursuant to this act shall be funded within the 80
    21  million dollars allocated for such purpose pursuant to chapter 53 of the
    22  laws of 2018. Nothing herein shall limit the  ability  to  utilize  such
    23  funds to satisfy other requirements necessary to comply with the federal
    24  child  care  development  block  grant  reauthorization  act of 2014 not
    25  contained within this act.
    26    § 18. Severability. If any clause, sentence,  paragraph,  subdivision,
    27  section  or  part contained in any part of this act shall be adjudged by
    28  any court of competent jurisdiction to be invalid, such  judgment  shall
    29  not  affect,  impair,  or invalidate the remainder thereof, but shall be
    30  confined in its operation to the clause, sentence,  paragraph,  subdivi-
    31  sion, section or part contained in any part thereof directly involved in
    32  the  controversy  in which such judgment shall have been rendered. It is
    33  hereby declared to be the intent of the legislature that this act  would
    34  have  been  enacted  even if such invalid provisions had not be included
    35  herein.
    36    § 19. This act shall take effect April 1,  2019;  provided,  that  the
    37  office  of  children and family services is authorized to promulgate any
    38  rules or regulations necessary for the implementation of this act on its
    39  effective date.