Bill Text: NY A04957 | 2019-2020 | 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 (Democrat 4-0)

Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A04957 Detail]

Download: New_York-2019-A04957-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4957
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2019
                                       ___________
        Introduced  by  M.  of  A. TITUS, COOK, JAFFEE, HYNDMAN -- read once and
          referred 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 6 of part C of chapter 57 of the laws of 2018, 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  health homes, or any subcontractor of such health homes,  who  contracts
    23  with  or is approved or otherwise authorized by the department of health
    24  to provide health home services to all  those  enrolled  pursuant  to  a
    25  diagnosis  of a developmental disability as defined in subdivision twen-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07702-01-9

        A. 4957                             2
     1  ty-two of section 1.03 of the mental hygiene law and enrollees  who  are
     2  under  twenty-one  years of age under section three hundred sixty-five-l
     3  of this chapter, or any entity that provides home  and  community  based
     4  services  to  enrollees  who  are  under twenty-one years of age under a
     5  demonstration program pursuant to section eleven hundred fifteen of  the
     6  federal  social  security  act; child care and school-based programs for
     7  children ages three through five regulated by the  health  code  of  the
     8  city  of  New  York,  temporary employment agencies providing substitute
     9  child care staff to any  other  provider  agency,  and  educational  and
    10  training institutions assigning child care staff as interns or residents
    11  at  any  other  provider  agency; publicly-funded emergency shelters for
    12  families with children, provided, however, for purposes of this section,
    13  when the provider or provider  agency  is  a  publicly-funded  emergency
    14  shelter  for families with children, then all references in this section
    15  to the "potential for regular and substantial contact  with  individuals
    16  who  are  cared  for by the agency" shall mean the potential for regular
    17  and substantial contact with children who are served  by  such  shelter;
    18  and  any  other  facility  or provider agency, as defined in subdivision
    19  four of section four hundred eighty-eight of this chapter, in regard  to
    20  the  employment  of staff, or use of providers of goods and services and
    21  staff of such providers, consultants, interns and volunteers.
    22    § 2. Subdivision 4 of section 424-a of the  social  services  law,  as
    23  amended  by  section  14 of part L of chapter 56 of the laws of 2015, is
    24  amended to read as follows:
    25    4. For purposes of this [section] title, the term  "licensing  agency"
    26  shall  mean  an  authorized  agency which has received an application to
    27  become an adoptive parent or an authorized agency which has received  an
    28  application  for  a certificate or license to receive, board or keep any
    29  child pursuant to the provisions of section three hundred seventy-six or
    30  three hundred seventy-seven of this  article  or  an  authorized  agency
    31  which  has  received  an  application  from a relative within the second
    32  degree or third degree of consanguinity of the parent of a  child  or  a
    33  relative  within  the  second degree or third degree of consanguinity of
    34  the step-parent of a child or children, or the  child's  legal  guardian
    35  for  approval  to  receive,  board  or keep such child, or an authorized
    36  agency that conducts a clearance pursuant to paragraph (d)  of  subdivi-
    37  sion  two  of  section  four hundred fifty-eight-b of this article, or a
    38  state or local governmental agency  which  receives  an  application  to
    39  provide  child  day care services in a child day care center, school-age
    40  child care program, family day care home or group family day  care  home
    41  pursuant to the provisions of section three hundred ninety of this arti-
    42  cle,  or  the department of health and mental hygiene of the city of New
    43  York, when such department receives an application for a [certificate of
    44  approval to provide child day care services in a child day care  center]
    45  permit  to  provide child care services or receives a notice of a school
    46  based program for children ages  three  through  five  pursuant  to  the
    47  provisions  of the health code of the city of New York, or the office of
    48  mental health or the office for people with  developmental  disabilities
    49  when  such  office  receives an application for an operating certificate
    50  pursuant to the provisions of the mental hygiene law to operate a family
    51  care home, or a state or local governmental  official  who  receives  an
    52  application  for  a  permit  to  operate  a camp which is subject to the
    53  provisions of article thirteen-A or thirteen-B of the public health  law
    54  or  the  office  of  children  and family services which has received an
    55  application for a certificate to receive, board or keep any child  at  a
    56  foster family home pursuant to articles nineteen-G and nineteen-H of the

        A. 4957                             3
     1  executive  law  or  any other facility or provider agency, as defined in
     2  subdivision four of section four hundred eighty-eight of  this  chapter,
     3  in regard to any licensing or certification function carried out by such
     4  facility or agency.
     5    §  3.  Section 390-b of the social services law is amended by adding a
     6  new subdivision 11 to read as follows:
     7    11. For purposes of this section, and  notwithstanding  section  three
     8  hundred  ninety  of this article, an operator or provider of a child day
     9  care center or a school age child care program shall  include  temporary
    10  child  care  employment agencies and child care educational and training
    11  institutions. A temporary child care employment  agency  or  child  care
    12  educational  and  training  institution shall be subject to the criminal
    13  history record check requirements for child care staff who may be placed
    14  at a child day care center or a school age child care program,  but  not
    15  for  the  operators or providers of such temporary child care employment
    16  agency or child care educational and training institution. Such require-
    17  ments shall include submitting fingerprint cards and such other informa-
    18  tion as required by the office of children and family services  and  the
    19  division  of  criminal  justice  services, and authorizing the office of
    20  children and family services to deny or hold in abeyance  an  employee's
    21  application  as provided for in this section. The office of children and
    22  family services may charge the temporary child care employment agency or
    23  child care educational and training institution an amount equal  to  the
    24  processing  fee imposed pursuant to subdivision eight-a of section eight
    25  hundred thirty-seven of the executive law. Where the office of  children
    26  and  family  services advises the temporary child care employment agency
    27  or child care educational and training institution  that  an  individual
    28  has  no  criminal  history record, no additional criminal history record
    29  check by a child day care center or a  school  age  child  care  program
    30  shall  be  required  upon  placement of that individual at the child day
    31  care center or a school age child care program.  For  purposes  of  this
    32  subdivision,  a  "temporary child care employment agency" shall mean any
    33  entity that employs substitute child care staff  to  be  supplied  on  a
    34  temporary  basis  to  a child day care center or a school age child care
    35  program, and a "child care educational and training  institution"  shall
    36  mean any entity that assigns child care staff as interns or residents at
    37  a child day care center or a school age child care program.
    38    § 4. This act shall take effect immediately.
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