Bill Text: NY A11055 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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) 2018-06-20 - REFERRED TO RULES [A11055 Detail]
Download: New_York-2017-A11055-Introduced.html
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) 2018-06-20 - REFERRED TO RULES [A11055 Detail]
Download: New_York-2017-A11055-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11055 IN ASSEMBLY June 1, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jaffee) -- read once and referred to the Committee on Children and Families 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 program as such term is defined in paragraph (g) 11 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 program" shall mean a person or entity 15 that is not required to be licensed or registered pursuant to this 16 section and that is enrolled to be a caregiver and provide subsidized 17 child care services to eligible families in accordance with title five-c 18 of this article and the regulations of the office of children and family 19 services. 20 § 3. Subdivision 2 of section 390 of the social services law is 21 amended by adding a new paragraph (d-1) to read as follows: 22 (d-1) (i) The office of children and family services in consultation 23 with child care resource and referral agencies shall promulgate regu- 24 lations for enrollment of an enrolled legally exempt program, which 25 shall include the completion of a satisfactory inspection of the prem- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16101-03-8A. 11055 2 1 ises where care is to be provided, by the office of children and family 2 services prior to enrollment. 3 (ii) Provided however, such inspection shall not be required when the 4 enrolled legally exempt program is an individual, age eighteen or older, 5 and who, by virtue of blood, marriage or court decree, is, to all of the 6 children that such person is enrolled to provide subsidized child care 7 services to in accordance with title five-c of this article: 8 (A) a grandparent; 9 (B) a great-grandparent; 10 (C) a sibling, provided that such sibling resides in a separate house- 11 hold from the child; 12 (D) an aunt; or 13 (E) an uncle. 14 § 4. Paragraphs (a) and (b) of subdivision 3 of section 390 of the 15 social services law, paragraph (a) as amended by chapter 416 of the laws 16 of 2000, and paragraph (b) as amended by chapter 117 of the laws of 17 2010, are amended to read as follows: 18 (a) (i) The office of children and family services may make announced 19 or unannounced inspections of the records and premises of any: 20 (1) child day care provider, whether or not such provider has a 21 license from, or is registered with, the office of children and family 22 services; and 23 (2) any existing enrolled legally exempt program, except when such 24 program is determined to be exempt in accordance with subparagraph (ii) 25 of paragraph (d-1) of subdivision two of this section. 26 (ii) The office of children and family services shall make unannounced 27 inspections of the records and premises of any child day care provider 28 within fifteen days after the office of children and family services 29 receives a complaint that, if true, would indicate such provider does 30 not comply with the applicable regulations of the office of children and 31 family services or with statutory requirements. If the complaint indi- 32 cates that there may be imminent danger to the children, the office of 33 children and family services shall investigate the complaint no later 34 than the next day of operation of the provider. The office of children 35 and family services may provide for inspections through the purchase of 36 services. 37 (b) (i) Where inspections have been made and violations of applicable 38 statutes or regulations have been found, the office of children and 39 family services shall within ten days advise the child day care provider 40 in writing of the violations and require the provider to correct such 41 violations. The office of children and family services may also act 42 pursuant to subdivisions ten and eleven of this section. 43 (ii) Where inspections have been made and violations of applicable 44 statuses or regulations have been found, the office of children and 45 family services or its designees shall, within ten days, advise the 46 enrolled legally exempt program in writing of the violations and require 47 the program to correct such violations. 48 § 5. Paragraph (a) of subdivision 4 of section 390 of the social 49 services law, as amended by chapter 416 of the laws of 2000, is amended 50 to read as follows: 51 (a) The office of children and family services on an annual basis 52 shall inspect [at least twenty percent of all registered family day care53homes, registered child day care centers and registered school age child54care programs to determine whether such homes, centers and programs are55operating in compliance with applicable statutes and regulations. The56office of children and family services shall increase the percentage ofA. 11055 3 1family day care homes, child day care centers and school age child care2programs which are inspected pursuant to this subdivision as follows: to3at least thirty percent by the thirty-first of December two thousand;4and to at least fifty percent by the thirty-first of December two thou-5sand one] all child day care programs and all enrolled legally exempt 6 programs except when such program is determined to be exempt in accord- 7 ance with subparagraph (ii) of paragraph (d-1) of subdivision two of 8 this section. The office of children and family services may provide for 9 such inspections through purchase of services. [Priority shall be given10to family day care homes which have never been licensed or certified11prior to initial registration.] 12 § 6. Paragraph (a) of subdivision 2 of section 390 of the social 13 services law, as amended by chapter 117 of the laws of 2010, is amended 14 to read as follows: 15 (a) Child day care centers caring for seven or more children and group 16 family day care programs, as defined in subdivision one of this section, 17 shall obtain a license from the office of children and family services 18 and shall operate in accordance with the terms of such license and the 19 regulations of such office. Initial licenses [shall be valid for a peri-20od of up to two years;] and subsequent licenses shall be valid for a 21 period of up to four years so long as the provider remains substantially 22 in compliance with applicable law and regulations during such period. 23 § 7. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2 24 of section 390 of the social services law, as amended by chapter 117 of 25 the laws of 2010, is amended to read as follows: 26 (A) Initial registrations [shall be valid for a period of up to two27years,] and subsequent registrations shall be valid for a period of up 28 to four years so long as the provider remains substantially in compli- 29 ance with applicable law and regulations during such period. 30 § 8. Subdivision 3 of section 390-a of the social services law is 31 REPEALED and a new subdivision 3 is added to read as follows: 32 3. (a) The office of children and family services shall promulgate 33 regulations setting forth the training requirements, including any 34 federally required training, for operators, program directors, employ- 35 ees, assistants and any volunteer who has the potential for regular and 36 substantial contact with children and/or unsupervised contact with chil- 37 dren in care, but only when such unsupervised contact involves caring 38 for the child in their professional or official capacity as a volunteer, 39 in family day care homes, group family day care homes, school-age child 40 care programs and child day care centers. 41 (b) Such individuals shall be required to engage in thirty hours of 42 training biennially. Provided however, any individual or provider who is 43 already in compliance with this subdivision, prior to its most recent 44 effective date, shall only be required to complete any additional feder- 45 al training requirements which they have not already completed, in order 46 to be deemed in compliance with this subdivision. 47 (c) Such training and professional development required by this subdi- 48 vision shall reflect current research and best practices relating to the 49 skills necessary for the child care workforce to meet the developmental 50 needs of participating children and improve the quality of and stability 51 within the child care workforce. Such training shall include, but not be 52 limited to, the following topics: 53 (i) principles of childhood development, focusing on the developmental 54 stages of the age groups for which the program provides care; 55 (ii) nutrition and health needs of infants and children; 56 (iii) child day care program development;A. 11055 4 1 (iv) safety and security procedures; 2 (v) business record maintenance and management; 3 (vi) child abuse and maltreatment identification and prevention; 4 (vii) statutes and regulations pertaining to child day care; 5 (viii) statutes and regulations pertaining to child abuse and 6 maltreatment; 7 (ix) for operators, program directors, employees and assistants of 8 family day care homes, group family day care homes and child day care 9 centers, education and information on the identification, diagnosis and 10 prevention of shaken baby syndrome; and 11 (x) any other topics necessary to meet federal training requirements. 12 (d) To the extent practicable, the training shall be appropriate for a 13 population of children that includes different age groups, English lear- 14 ners, children with disabilities, and Native Americans, including Indi- 15 ans, as the term is defined in section 4 of 25 U.S.C. 450b, the Indian 16 Self-Determination and Education Assistance Act, and Native Hawaiians, 17 as defined in section 7207 of 20 U.S.C. 7517, the Elementary and Second- 18 ary Education Act of 1965. 19 (e) Each provider who can demonstrate basic competency shall determine 20 in which of the specified topics he or she needs further study, based on 21 the provider's experience and the needs of the children in the provid- 22 er's care. 23 (f) The office of children and family services may provide this train- 24 ing through the purchase of services. 25 (g) Upon request by the office of children and family services, the 26 child day care applicant or provider shall submit documentation demon- 27 strating compliance with the training requirements of this section. 28 § 9. The section heading of section 390-b of the social services law, 29 as added by chapter 416 of the laws of 2000, is amended to read as 30 follows: 31 Criminal history review and background clearances of child care 32 providers, generally. 33 § 10. Subdivisions 1, 2 and 3 of section 390-b of the social services 34 law are REPEALED and three new subdivisions 1, 2 and 3 are added to 35 read as follows: 36 1. Subject to implementing rules and regulations of the office of 37 children and family services and, where applicable, the division of 38 criminal justice services, the following background clearances shall be 39 conducted within forty-five days of the request for entities specified 40 in subdivision two of this section in the manner as required by this 41 section: 42 (a) a criminal history record check with the division of criminal 43 justice services; 44 (b) a search of the criminal history repository in each state other 45 than New York where such person resides or resided during the preceding 46 five years, if applicable; 47 (c) a national criminal record check with the federal bureau of inves- 48 tigation; the division of criminal justice services is directed to 49 submit fingerprints to the federal bureau of investigation for the 50 purpose of a nationwide criminal history record check, pursuant to and 51 consistent with public law 113-186 to determine whether such persons 52 shall have a criminal history in any state or federal jurisdiction; the 53 criminal record check obtained pursuant to this paragraph shall satisfy 54 the requirement in paragraph (b) of this subdivision so long as the 55 state participates in the national fingerprint file program of the 56 federal bureau of investigation;A. 11055 5 1 (d) a search of the New York state sex offender registry; 2 (e) a search of any state sex offender registry or repository in each 3 state other than New York where such person resides or resided during 4 the preceding five years, if applicable; 5 (f) a search of the national sex offender registry using the national 6 crime and information center, established under the Adam Walsh child 7 protection and safety act of 2006 (42 U.S.C. 16901 et seq.); 8 (g) a database check of the statewide central register of child abuse 9 and maltreatment in accordance with section four hundred twenty-four-a 10 of this article; and 11 (h) a search of a state-based child abuse or neglect repository of any 12 state other than New York where such person resides or resided during 13 the preceding five years; if applicable. 14 2. (a) In relation to any child day care program or enrolled legally 15 exempt program, as defined in section three hundred ninety of this 16 title, the following individuals shall be required to receive background 17 clearances as required in subdivision one of this section: 18 (i) any applicant to be an operator or director of a child day care 19 program; 20 (ii) any current operator or director of a child day care program; 21 (iii) any applicant to enroll to be a caregiver for an enrolled legal- 22 ly exempt program, unless such individual is related to all children for 23 whom child care services are provided; 24 (iv) any current caregiver for an enrolled legally exempt program, 25 unless such individual is related to all children for whom child care 26 services are provided; 27 (v) any applicant to be an employee, assistant or volunteer, when such 28 volunteer has the potential for unsupervised contact with children in a 29 child day care program; 30 (vi) any current employee, assistant or volunteer, when such volunteer 31 has the potential for unsupervised contact with children in a child day 32 care program; 33 (vii) any applicant to be an employee, assistant or volunteer, when 34 such volunteer has the potential for unsupervised contact with children 35 in an enrolled legally exempt program, unless such individual is related 36 to all children for whom child care services are provided; 37 (viii) any current employee, assistant, or volunteer, when such volun- 38 teer has the potential for unsupervised contact with children in an 39 enrolled legally exempt program, unless such individual is related to 40 all children for whom child care services are provided; and 41 (ix) where the child care services will be or are provided in a home 42 setting where the child does not reside, any individual, age eighteen or 43 older who is not related to all children for whom child care services 44 are or will be provided, resides or begins to reside. 45 (b) Provided however, the background clearances required pursuant to 46 paragraphs (a), (c), (d) and (g) of subdivision one of this section 47 shall be prioritized for background clearances required in subparagraphs 48 (i), (iii), (v), (vii) and (ix) of paragraph (a) of this subdivision. 49 (c) Notwithstanding paragraph (b) of this subdivision, prior to Octo- 50 ber first, two thousand twenty, all background clearances listed in 51 subdivision one of this section that have not previously been conducted 52 pursuant to paragraph (b) of this subdivision and for which on-going 53 criminal history results are not already provided, shall be conducted in 54 accordance with a schedule developed by the office of children and fami- 55 ly services, for background clearances required in subparagraphs (ii), 56 (iv), (vi), (viii) and (ix) of paragraph (a) of this subdivision or anyA. 11055 6 1 other applicable background clearance required to be completed in 2 accordance with subdivision one of this section. 3 (d) The background clearances required pursuant to this section other 4 than those for which on-going criminal history results are provided, 5 shall be conducted for a person listed in subparagraphs (ii), (iv), 6 (vi), (viii) and (ix) of paragraph (a) of this subdivision at least once 7 every five years in accordance with a schedule developed by the office 8 of children and family services. 9 3. (a) In relation to the background clearances required pursuant this 10 section, an individual required to receive background clearances pursu- 11 ant to paragraph (a) of subdivision two of this section shall be deemed 12 ineligible to provide child care services in any child day care program 13 or enrolled legally exempt program, as defined in section three hundred 14 ninety of this title, if such individual: 15 (i) refuses to consent to such clearance; 16 (ii) knowingly makes a materially false statement in connection with 17 such a clearance; 18 (iii) is registered, or is required to be registered, on a state sex 19 offender registry or repository or the national sex offender registry 20 established under the Adam Walsh child protection and safety act of 2006 21 (42 U.S.C. 16901 et seq.); or 22 (iv) has been convicted of a crime enumerated in subparagraph (E) or 23 clauses (i) through (viii) of subparagraph (D) of paragraph (1) of 24 subdivision (C) of 42 U.S.C. 9858f. 25 (b) Except as set forth in paragraph (c) of this subdivision, after 26 reviewing any New York criminal record check of an individual who is 27 required to receive such background clearance pursuant to subdivision 28 two of this section, the office of children and family services and the 29 program shall take the following actions: 30 (i) Where the criminal record check of an individual required to 31 receive background clearances pursuant to subparagraphs (i), (iii) and 32 (ix) of paragraph (a) of subdivision two of this section, reveals a 33 conviction for a crime other than one set forth in subparagraph (iv) of 34 paragraph (a) of this subdivision, the office of children and family 35 services may deny the application, only after providing a copy of such 36 criminal history information and a copy of article twenty-three-A of the 37 correction law to the individual and informing such individual of his or 38 her right to seek correction of any incorrect information contained in 39 such criminal history information provided by the division of criminal 40 justice services pursuant to the regulations and the right of such indi- 41 vidual to provide information relevant to such analysis to the office of 42 children and family services, consistent with article twenty-three-A of 43 the correction law; 44 (ii) Where the criminal record check of an individual required to 45 receive background clearances pursuant to subparagraphs (i), (iii) and 46 (ix) of paragraph (a) of subdivision two of this section, reveals a 47 pending charge for any crime, the office of children and family services 48 shall hold the application in abeyance until the charge is adjudicated; 49 (iii) Where the criminal record check of an individual required to 50 receive background clearances pursuant to subparagraphs (ii), (iv) and 51 (ix) of paragraph (a) of subdivision two of this section, reveals a 52 conviction for a crime other than one set forth in subparagraph (iv) of 53 paragraph (a) of this subdivision, the office of children and family 54 services shall conduct a safety assessment of the program and take all 55 appropriate steps to protect the health and safety of the children in 56 the program. The office may deny, limit, suspend, revoke, reject orA. 11055 7 1 terminate a license or registration or terminate such program's enroll- 2 ment, as applicable based on such a conviction, only after providing a 3 copy of such criminal history information and a copy of article twenty- 4 three-A of the correction law to the individual and informing such indi- 5 vidual of his or her right to seek correction of any incorrect informa- 6 tion contained in such criminal history information provided by the 7 division of criminal justice services pursuant to the regulations and 8 the right of such individual to provide information relevant to such 9 analysis to the office of children and family services, consistent with 10 article twenty-three-A of the correction law; 11 (iv) Where the criminal record check of an individual required to 12 receive background clearances pursuant to subparagraphs (ii), (iv) and 13 (ix) of paragraph (a) of subdivision two of this section, reveals a 14 pending charge for any crime, the office of children and family services 15 shall conduct a safety assessment of the program and take all appropri- 16 ate steps to protect the health and safety of the children in the 17 program. The office may suspend a license, registration, or enrollment, 18 as applicable based on such pending charge where necessary to protect 19 the health and safety of the children in the program consistent with 20 article twenty-three-A of the correction law; 21 (v) Where the criminal record check of an individual required to 22 receive background clearances pursuant to subparagraphs (v) and (vii) of 23 paragraph (a) of subdivision two of this section, reveals a conviction 24 for a crime other than one set forth in subparagraph (iv) of paragraph 25 (a) of this subdivision, the office of children and family services may, 26 direct the program to deny the application, only after providing a copy 27 of such criminal history information and a copy of article 28 twenty-three-A of the correction law to the individual and informing 29 such individual of his or her right to seek correction of any incorrect 30 information contained in such criminal history information provided by 31 the division of criminal justice services pursuant to the regulations 32 and the right of such individual to provide information relevant to such 33 analysis to the office of children and family services, consistent with 34 article twenty-three-A of the correction law; 35 (vi) Where the criminal record check of an individual required to 36 receive background clearances pursuant to subparagraphs (v) and (vii) of 37 paragraph (a) of subdivision two of this section, reveals a pending 38 charge for any crime, the office of children and family services shall 39 hold the application in abeyance until the charge is adjudicated; 40 (vii) Where the criminal record check of an individual required to 41 receive background clearances pursuant to subparagraphs (vi) and (viii) 42 of paragraph (a) of subdivision two of this section reveals a conviction 43 for a crime other than one set forth in subparagraph (iv) of paragraph 44 (a) of this subdivision, the office of children and family services 45 shall conduct a safety assessment of the program and take all appropri- 46 ate steps to protect the health and safety of the children in the 47 program. The office may direct the program to terminate the employee, 48 assistant or volunteer based on such a conviction, only after providing 49 a copy of such criminal history information and a copy of article twen- 50 ty-three-A of the correction law to the individual and informing such 51 individual of his or her right to seek correction of any incorrect 52 information contained in such criminal history information provided by 53 the division of criminal justice services pursuant to the regulations 54 and the right of such individual to provide information relevant to such 55 analysis to the office of children and family services, consistent withA. 11055 8 1 article twenty-three-A of the correction law and in accordance with any 2 applicable collective bargaining agreement; 3 (viii) Where the criminal record check of an individual required to 4 receive background clearances pursuant to subparagraphs (vi) and (viii) 5 of 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 conduct a safety assessment of the program and take all appropriate 8 steps to protect the health and safety of the children in the program; 9 or 10 (ix) Advise the program that the individual has no criminal history 11 record. 12 (c)(i) The office of children and family services shall not release 13 the report of the national criminal record check received from the 14 federal bureau of investigation in accordance with this subdivision to 15 any non-public entity or entity not otherwise authorized. 16 (ii) Notwithstanding any other provision of law to the contrary, after 17 reviewing any national criminal record check of an individual who is 18 required to receive such background clearance pursuant to paragraph (a) 19 of subdivision two of this section, the office of children and family 20 services shall proceed as follows: (A) review and evaluate the results 21 of the national criminal record check of a current or prospective opera- 22 tor, director, caregiver, employee, assistant, volunteer with the poten- 23 tial for unsupervised contact with the child receiving services as well 24 as any other person eighteen years of age or older who resides in the 25 home where care is provided or to be provided, other than in the child's 26 home, in accordance with the standards set forth in paragraphs (a) and 27 (b) of this subdivision relating to convictions that make an individual 28 ineligible, discretionarily ineligible, or a direction that such indi- 29 vidual's background clearance request be held in abeyance during the 30 pendency of certain criminal charges; and (B) based on the results of 31 the national criminal record check, where applicable, inform such child 32 day care program or enrolled legally exempt program that the application 33 or employment (1) must be denied or terminated; (2) must be held in 34 abeyance pending subsequent notification pursuant to subdivision six of 35 this section, from the office of children and family services; or (3) 36 that the office of children and family services has no objection, solely 37 based on the national criminal record check, for the child day care 38 program or enrolled legally exempt program to proceed with a determi- 39 nation on such application or current employment based on any currently 40 required standards. 41 (iii) Where the office of children and family services directs the 42 child day care program or enrolled legally exempt program to deny the 43 application or terminate employment in accordance with this paragraph, 44 the office of children and family services shall also notify as the case 45 may be, such current or prospective employee, assistant, volunteer with 46 the potential for unsupervised contact with children or other person 47 eighteen years of age or older, who resides in the home where care is 48 provided, other than the child's home, that the criminal record check 49 was the basis for the denial of clearance and shall provide such indi- 50 vidual with a copy of the results of the national criminal record check 51 upon which such denial was based together with a written statement 52 setting forth the reasons for such denial, as well as a copy of article 53 twenty-three-A of the correction law and inform such individual of his 54 or her right to seek correction of any incorrect information contained 55 in such national record check provided by the federal bureau of investi-A. 11055 9 1 gation pursuant to the regulations and the right of such individual to 2 provide information relevant to such analysis. 3 § 11. Subdivisions 6 and 7 of section 390-b of the social services 4 law, as added by chapter 416 of the laws of 2000, are amended to read as 5 follows: 6 6. The notification by the office of children and family services to 7 the child day care [provider] program or enrolled legally exempt program 8 pursuant to this section shall include a summary of the individual's New 9 York criminal history record, if any, provided by the division of crimi- 10 nal justice services. When providing notification to a child day care 11 program or enrolled legally exempt program who are non-public agencies, 12 or otherwise unauthorized to receive such notification, with respect to 13 the results of a national criminal record check performed by the federal 14 bureau of investigation, the office of children and family services 15 shall advise the program, where appropriate, of the category or catego- 16 ries of crime or crimes for which the individual has a conviction, and 17 shall not provide the specific crime or crimes of conviction absent the 18 express written consent of the person for whom the national criminal 19 record check was performed. 20 7. Where the office of children and family services directs a child 21 day care [provider] program or enrolled legally exempt program to deny 22 an application based on the criminal history record, the [provider] 23 program must notify the applicant in writing that such record is the 24 basis of the denial. 25 § 12. Subdivision 10 of section 390 of the social services law, as 26 amended by chapter 416 of the laws of 2000, is amended to read as 27 follows: 28 10. (a) Any home or facility providing child day care shall be oper- 29 ated in accordance with applicable statutes and regulations. Any 30 violation of applicable statutes or regulations shall be a basis to 31 deny, limit, suspend, revoke, or terminate a license or registration. 32 Consistent with articles twenty-three and twenty-three-A of the 33 correction law, and guidelines referenced in subdivision two of section 34 four hundred twenty-five of this article, if the office of children and 35 family services is made aware of the existence of a criminal conviction 36 or pending criminal charge concerning an operator of a family day care 37 home, group family day care home, school-age child care program, or 38 child day care center or concerning any assistant, employee or volunteer 39 in such homes, programs or centers, or any persons age eighteen or over 40 who reside in such homes, such conviction or charge may be a basis to 41 deny, limit, suspend, revoke, reject, or terminate a license or regis- 42 tration in accordance with subdivision three of section three hundred 43 ninety-b of this title. Before any license issued pursuant to the 44 provisions of this section is suspended or revoked, before registration 45 pursuant to this section is suspended or terminated, or when an applica- 46 tion for such license is denied or registration rejected, the applicant 47 for or holder of such registration or license is entitled, pursuant to 48 section twenty-two of this chapter and the regulations of the office of 49 children and family services, to a hearing before the office of children 50 and family services. However, a license or registration shall be tempo- 51 rarily suspended or limited without a hearing upon written notice to the 52 operator of the facility following a finding that the public health, or 53 an individual's safety or welfare, are in imminent danger. The holder of 54 a license or registrant is entitled to a hearing before the office of 55 children and family services to contest the temporary suspension or 56 limitation. If the holder of a license or registrant requests a hearingA. 11055 10 1 to contest the temporary suspension or limitation, such hearing must be 2 scheduled to commence as soon as possible but in no event later than 3 thirty days after the receipt of the request by the office of children 4 and family services. Suspension shall continue until the condition 5 requiring suspension or limitation is corrected or until a hearing deci- 6 sion has been issued. If the office of children and family services 7 determines after a hearing that the temporary suspension or limitation 8 was proper, such suspension or limitation shall be extended until the 9 condition requiring suspension or limitation has been corrected or until 10 the license or registration has been revoked. 11 (b) (i) Consistent with articles twenty-three and twenty-three-A of 12 the correction law, and guidelines developed pursuant to subdivision two 13 of section four hundred twenty-five of this article, if the office of 14 children and family services is made aware of the existence of a crimi- 15 nal conviction or pending criminal charge concerning a current or 16 perspective caregiver, employee, assistant, volunteer with the potential 17 for unsupervised contact, or any persons age eighteen or older who 18 reside in such home where care is provided, that is not in the child's 19 home, and such person is not related to all children receiving care, in 20 an enrolled legally exempt program, such conviction or charge may be a 21 basis to terminate enrollment in accordance with subdivision three of 22 section three hundred ninety-b of this title. Before any enrollment for 23 an enrolled legally exempt program may be terminated, or when an appli- 24 cation for such enrollment is denied, the applicant for or holder of 25 such enrollment is entitled, in accordance with section twenty-two of 26 this chapter and the implementing regulations of the office of children 27 and family services, to a hearing before the office of children and 28 family services. However, an enrollment shall be temporarily suspended 29 or limited without a hearing upon written notice to the operator of the 30 program following a finding that the public health, or an individual's 31 safety or welfare, are in imminent danger. 32 (ii) If an enrolled legally exempt program's enrollment is terminated, 33 such individual shall be immediately re-enrolled once the issue that 34 caused the initial termination has been corrected and all other elements 35 lawfully required for enrollment have been satisfied. 36 § 13. Subdivisions 9 and 10 of section 390-b of the social services 37 law, as added by chapter 416 of the laws of 2000, are amended and two 38 new subdivisions 11 and 12 are added to read as follows: 39 9. Any criminal history record provided by the division of criminal 40 justice services, and any summary of the criminal history record 41 provided by the office of children and family services to a child day 42 care [provider] program or enrolled legally exempt program pursuant to 43 this section, is confidential and shall not be available for public 44 inspection; provided, however, nothing herein shall prevent a child day 45 care [provider] program, enrolled legally exempt program or the office 46 of children and family services from disclosing criminal history infor- 47 mation or the individual from disclosing his or her criminal history 48 information at any administrative or judicial proceeding relating to the 49 denial or revocation of an application, employment, license [or], regis- 50 tration or enrollment. The subject of a criminal history review 51 conducted pursuant to this section shall be entitled to receive, upon 52 written request, a copy of the [summary of the] criminal history record 53 [provided by the office of children and family services to the child day54care provider]. Unauthorized disclosure of such records or reports 55 shall subject the provider to civil penalties in accordance with theA. 11055 11 1 provisions of subdivision eleven of section three hundred ninety of this 2 title. 3 10. A child day care [provider] program or enrolled legally exempt 4 program shall advise the office of children and family services when an 5 individual who is subject to criminal history record review in accord- 6 ance with subdivision [one or] two of this section is no longer subject 7 to such review. The office of children and family services shall inform 8 the division of criminal justice services when an individual who is 9 subject to criminal history review is no longer subject to such review 10 so that the division of criminal justice services may terminate its 11 retain processing with regard to such person. At least once a year, the 12 office of children and family services will be required to conduct a 13 validation of the records maintained by the division of criminal justice 14 services. 15 11. The office of children and family services shall pay the process- 16 ing fees associated with the background clearances required pursuant to 17 paragraphs (a) and (c) of subdivision one of this section imposed pursu- 18 ant to subdivision eight-a of section eight hundred thirty-seven of the 19 executive law. The office of children and family services shall promptly 20 submit fingerprints obtained pursuant to this section and such process- 21 ing fee to the division of criminal justice services. 22 12. Child day care centers which are not subject to the provisions of 23 section three hundred ninety of this title shall not be subject to the 24 provisions of this section, provided however, that the city of New York 25 shall require that such child day care centers meet the requirements of 26 any federal laws and regulations pertaining to the child care develop- 27 ment and block grant and the related federally approved plans of the 28 state of New York. 29 § 14. Subparagraph (z) of paragraph (A) of subdivision 4 of section 30 422 of the social services law, as amended by section 11 of part L of 31 chapter 56 of the laws of 2015, is amended to read as follows: 32 (z) an entity with appropriate legal authority in another state to 33 license, certify or otherwise approve prospective foster parents, 34 prospective adoptive parents, prospective relative guardians [or], 35 prospective successor guardians or child care programs where disclosure 36 of information regarding such prospective foster or prospective adoptive 37 parents [or], child care programs, prospective relative or prospective 38 successor guardians and other persons over the age of eighteen residing 39 in the home of such persons [is] or where child care is provided in a 40 home other than the child's home when such person is not related to all 41 the children receiving care in the home, as required under title IV-E of 42 the federal social security act or the federal child care and develop- 43 ment block grant act (section nine thousand eight hundred fifty-eight, 44 et seq. of title forty-two of the United States Code); and 45 § 15. Paragraph (a) of subdivision 1 of section 424-a of the social 46 services law, as amended by section 12 of part L of chapter 56 of the 47 laws of 2015, is amended to read as follows: 48 (a) A licensing agency shall inquire of the [department] office of 49 children and family services and the [department] office shall, subject 50 to the provisions of paragraph (e) of this subdivision, inform such 51 agency and the subject of the inquiry whether an applicant for a certif- 52 icate, license [or], permit or enrollment when such enrollee is not 53 related to all children for whom care will be provided, [assistants to54group] or to become an employee, assistant or volunteer with the poten- 55 tial for unsupervised contact with children in care of a family day care 56 [providers] program or in the case of an enrolled legally exempt programA. 11055 12 1 when such individual is not related to all children for whom care will 2 be provided, the director of a camp subject to the provisions of article 3 thirteen-B of the public health law, [a prospective successor guardian4when a clearance is conducted pursuant to paragraph (d) of subdivision5two of section four hundred fifty-eight-b of this article,] and any 6 person over the age of eighteen who resides in the home of a person who 7 has applied to become an adoptive parent or a foster parent [or to oper-8ate a family day care home or group family day care home or any person9over the age of eighteen residing in the home of a prospective successor10guardian when a clearance is conducted of a prospective successor guard-11ian pursuant to this paragraph] or on the premises where child care 12 services are provided in a home other than the child's home and such 13 person is not related to all children receiving care, has been or is 14 currently the subject of an indicated child abuse and maltreatment 15 report on file with the statewide central register of child abuse and 16 maltreatment. 17 § 16. Subdivision 4 of section 424-a of the social services law, as 18 amended by section 14 of part L of chapter 56 of the laws of 2015, is 19 amended to read as follows: 20 4. For purposes of this section, the term "licensing agency" shall 21 mean an authorized agency which has received an application to become an 22 adoptive parent or an authorized agency which has received an applica- 23 tion for a certificate or license to receive, board or keep any child 24 pursuant to the provisions of section three hundred seventy-six or three 25 hundred seventy-seven of this article or an authorized agency which has 26 received an application from a relative within the second degree or 27 third degree of consanguinity of the parent of a child or a relative 28 within the second degree or third degree of consanguinity of the step- 29 parent of a child or children, or the child's legal guardian for 30 approval to receive, board or keep such child, or an authorized agency 31 that conducts a clearance pursuant to paragraph (d) of subdivision two 32 of section four hundred fifty-eight-b of this article, or a state or 33 local governmental agency which receives an application to provide child 34 day care services in a child day care center, school-age child care 35 program, family day care home or group family day care home or enrolled 36 legally exempt program pursuant to the provisions of section three 37 hundred ninety of this article, or the department of health and mental 38 hygiene of the city of New York, when such department receives an appli- 39 cation for a certificate of approval to provide child day care services 40 in a child day care center pursuant to the provisions of the health code 41 of the city of New York, or the office of mental health or the office 42 for people with developmental disabilities when such office receives an 43 application for an operating certificate pursuant to the provisions of 44 the mental hygiene law to operate a family care home, or a state or 45 local governmental official who receives an application for a permit to 46 operate a camp which is subject to the provisions of article thirteen-B 47 of the public health law or the office of children and family services 48 which has received an application for a certificate to receive, board or 49 keep any child at a foster family home pursuant to articles nineteen-G 50 and nineteen-H of the executive law or any other facility or provider 51 agency, as defined in subdivision four of section four hundred eighty- 52 eight of this chapter, in regard to any licensing or certification func- 53 tion carried out by such facility or agency. 54 § 17. All costs associated with activities related to the implementa- 55 tion of the federal child care development block grant reauthorization 56 act of 2014 required pursuant to this act shall be funded within the 80A. 11055 13 1 million dollars allocated for such purpose pursuant to chapter 53 of the 2 laws of 2018. 3 § 18. Severability. If any clause, sentence, paragraph, subdivision, 4 section or part contained in any part of this act shall be adjudged by 5 any court of competent jurisdiction to be invalid, such judgment shall 6 not affect, impair, or invalidate the remainder thereof, but shall be 7 confined in its operation to the clause, sentence, paragraph, subdivi- 8 sion, section or part contained in any part thereof directly involved in 9 the controversy in which such judgment shall have been rendered. It is 10 hereby declared to be the intent of the legislature that this act would 11 have been enacted even if such invalid provisions had not be included 12 herein. 13 § 19. This act shall take effect September 1, 2018; provided, that the 14 office of children and family services is authorized to promulgate any 15 rules or regulations necessary for the implementation of this act on its 16 effective date.
