Bill Text: NY S04326 | 2019-2020 | General Assembly | Introduced
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 5-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S04326 Detail]
Download: New_York-2019-S04326-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4326 2019-2020 Regular Sessions IN SENATE March 7, 2019 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, in relation to the 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- 18 ance with title five-C of this article and the regulations of the office 19 of children and family 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 shall promulgate 23 regulations for enrollment of enrolled legally exempt providers, which EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04776-05-9S. 4326 2 1 shall include the completion of a satisfactory inspection of the prem- 2 ises where care is to be provided, by the office of children and family 3 services. 4 (ii) Provided however, such inspections shall not be required when the 5 enrolled legally exempt provider is an individual, age eighteen or 6 older, and who, by virtue of blood, marriage or court decree, is, to all 7 of the children that such person is enrolled to provide subsidized child 8 care services to in accordance with title five-C of this article: 9 (A) a grandparent; 10 (B) a great-grandparent; 11 (C) a sibling, provided that such sibling resides in a separate house- 12 hold from the child; 13 (D) an aunt; or 14 (E) an uncle. 15 § 4. Paragraphs (a) and (b) of subdivision 3 of section 390 of the 16 social services law, paragraph (a) as amended by chapter 416 of the laws 17 of 2000, and paragraph (b) as amended by chapter 117 of the laws of 18 2010, are amended to read as follows: 19 (a) (i) The office of children and family services may make announced 20 or unannounced inspections of the records and premises of any: 21 (1) child day care provider, whether or not such provider has a 22 license from, or is registered with, the office of children and family 23 services; and 24 (2) any existing enrolled legally exempt provider except when such 25 provider is determined to be exempt in accordance with subparagraph (ii) 26 of paragraph (d-1) of subdivision two of this section. 27 (ii) The office of children and family services shall make unannounced 28 inspections of the records and premises of any child day care provider 29 within fifteen days after the office of children and family services 30 receives a complaint that, if true, would indicate such provider does 31 not comply with the applicable regulations of the office of children and 32 family services or with statutory requirements. If the complaint indi- 33 cates that there may be imminent danger to the children, the office of 34 children and family services shall investigate the complaint no later 35 than the next day of operation of the provider. The office of children 36 and family services may provide for inspections through the purchase of 37 services. 38 (b) (i) Where inspections have been made and violations of applicable 39 statutes or regulations have been found, the office of children and 40 family services shall within ten days advise the child day care provider 41 in writing of the violations and require the provider to correct such 42 violations. The office of children and family services may also act 43 pursuant to subdivisions ten and eleven of this section. 44 (ii) Where inspections have been made and violations of applicable 45 statutes or regulations have been found, the office of children and 46 family services or its designees shall, within ten days, advise the 47 enrolled legally exempt provider in writing of the violations and 48 require the provider to correct such violations. 49 § 5. Paragraph (a) of subdivision 4 of section 390 of the social 50 services law, as amended by chapter 416 of the laws of 2000, is amended 51 to read as follows: 52 (a) The office of children and family services on an annual basis 53 shall inspect [at least twenty percent of all registered family day care54homes, registered child day care centers and registered school age child55care programs to determine whether such homes, centers and programs are56operating in compliance with applicable statutes and regulations. TheS. 4326 3 1office of children and family services shall increase the percentage of2family day care homes, child day care centers and school age child care3programs which are inspected pursuant to this subdivision as follows: to4at least thirty percent by the thirty-first of December two thousand;5and to at least fifty percent by the thirty-first of December two thou-6sand one] all child day care programs and all enrolled legally exempt 7 providers except when such provider is determined to be exempt in 8 accordance with subparagraph (ii) of paragraph (d-1) of subdivision two 9 of this section. The office of children and family services may provide 10 for such inspections through purchase of services. [Priority shall be11given to family day care homes which have never been licensed or certi-12fied prior to initial registration.] 13 § 6. Paragraph (a) of subdivision 2 of section 390 of the social 14 services law, as amended by chapter 117 of the laws of 2010, is amended 15 to read as follows: 16 (a) Child day care centers caring for seven or more children and group 17 family day care programs, as defined in subdivision one of this section, 18 shall obtain a license from the office of children and family services 19 and shall operate in accordance with the terms of such license and the 20 regulations of such office. Initial licenses [shall be valid for a peri-21od of up to two years;] and subsequent licenses shall be valid for a 22 period of up to four years so long as the provider remains substantially 23 in compliance with applicable law and regulations during such period. 24 § 7. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2 25 of section 390 of the social services law, as amended by chapter 117 of 26 the laws of 2010, is amended to read as follows: 27 (A) Initial registrations [shall be valid for a period of up to two28years,] and subsequent registrations shall be valid for a period of up 29 to four years so long as the provider remains substantially in compli- 30 ance with applicable law and regulations during such period. 31 § 8. Subdivision 3 of section 390-a of the social services law, as 32 added by chapter 416 of the laws of 2000, paragraph (b) as amended by 33 chapter 552 of the laws of 2003, and subparagraph (ix) of paragraph (b) 34 as amended by chapter 117 of the laws of 2010, is amended to read as 35 follows: 36 3. (a) The office of children and family services shall promulgate 37 regulations [requiring] setting forth the training requirements, includ- 38 ing any federally required training, for operators, program directors, 39 employees [and], assistants [of] and any volunteer who has the potential 40 for regular and substantial contact with children and/or unsupervised 41 contact with children in care, but only when such unsupervised contact 42 involves caring for the child in their professional or official capacity 43 and as a volunteer, in family day care homes, group family day care 44 homes, school-age child care programs and child day care centers. Such 45 individuals shall be required to receive thirty hours of training every 46 two years; provided, however, [that fifteen] any individual or provider 47 who is already in compliance with this subdivision, prior to the effec- 48 tive date of the chapter of the laws of two thousand nineteen that 49 amended this subdivision, shall only be required to complete any addi- 50 tional federal training requirements which they have not already 51 completed in order to be deemed in compliance with this subdivision. 52 Fifteen hours of such training must be received within the first six 53 months of the initial licensure, registration or employment. [Such54training requirements shall also apply to any volunteer in such day care55homes, programs or centers who has the potential for regular and56substantial contact with children.] The thirty hours of trainingS. 4326 4 1 required during the first biennial cycle after initial licensure or 2 registration shall include training received while an application for 3 licensure or registration pursuant to section three hundred ninety of 4 this title is pending. The office of children and family services may 5 provide this training through purchase of services. 6 (b) The training required in paragraph (a) of this subdivision shall 7 address the following topics: 8 (i) principles of childhood development, focusing on the developmental 9 stages of the age groups for which the program provides care; 10 (ii) nutrition and health needs of infants and children; 11 (iii) child day care program development; 12 (iv) safety and security procedures; 13 (v) business record maintenance and management; 14 (vi) child abuse and maltreatment identification and prevention; 15 (vii) statutes and regulations pertaining to child day care; 16 (viii) statutes and regulations pertaining to child abuse and 17 maltreatment; and 18 (ix) for operators, program directors, employees and assistants of 19 family day care homes, group family day care homes and child day care 20 centers, education and information on the identification, diagnosis and 21 prevention of shaken baby syndrome[.]; and 22 (x) any other topics necessary to meet federal training requirements. 23 (c) For the thirty hours of biennial training required after the 24 initial period of licensure or registration, each provider who can 25 demonstrate basic competency shall determine in which of the specified 26 topics he or she needs further study, based on the provider's experience 27 and the needs of the children in the provider's care. 28 (d) Family day care home and group family day care home operators 29 shall obtain training pertaining to protection of the health and safety 30 of children, as required by regulation, prior to the issuance of a 31 license or registration by the office of children and family services. 32 (e) Upon request by the office of children and family services, the 33 child day care applicant or provider shall submit documentation demon- 34 strating compliance with the training requirements of this section. 35 § 9. The section heading of section 390-b of the social services law, 36 as added by chapter 416 of the laws of 2000, is amended to read as 37 follows: 38 Criminal history review and background clearances of child care 39 providers, generally. 40 § 10. Subdivisions 1, 2 and 3 of section 390-b of the social services 41 law are REPEALED and three new subdivisions 1, 2 and 3 are added to 42 read as follows: 43 1. Subject to implementing rules and regulations of the office of 44 children and family services and, where applicable, the division of 45 criminal justice services, the following background clearances shall be 46 conducted expeditiously, but in any event, within the timeframes 47 required by federal law, for entities specified in subdivision two of 48 this section in the manner as required by this section: 49 (a) a criminal history record check with the division of criminal 50 justice services; 51 (b) a search of the criminal history repository in each state other 52 than New York where such person resides or resided during the preceding 53 five years, if applicable, unless such state's criminal history record 54 information will be provided as part of the results of the background 55 clearance conducted pursuant to paragraph (c) of this subdivision;S. 4326 5 1 (c) a national criminal record check with the federal bureau of inves- 2 tigation; the division of criminal justice services is directed to 3 submit fingerprints to the federal bureau of investigation for the 4 purpose of a nationwide criminal history record check, pursuant to and 5 consistent with public law 113-186 to determine whether such persons 6 shall have a criminal history in any state or federal jurisdiction; 7 (d) a search of the New York state sex offender registry; 8 (e) a search of any state sex offender registry or repository in each 9 state other than New York where such person resides or resided during 10 the preceding five years, if applicable, unless such state's sex offen- 11 der registry information will be provided as part of the clearance 12 conducted pursuant to paragraph (f) of this subdivision; 13 (f) a search of the national sex offender registry using the national 14 crime and information center, established under the Adam Walsh child 15 protection and safety act of 2006 (42 U.S.C. 16901 et seq.); 16 (g) a database check of the statewide central register of child abuse 17 and maltreatment in accordance with section four hundred twenty-four-a 18 of this article; and 19 (h) a search of a state-based child abuse or neglect repository of any 20 state other than New York where such person resides or resided during 21 the preceding five years; if applicable. 22 2. (a) In relation to any child day care program or enrolled legally 23 exempt provider, as defined in section three hundred ninety of this 24 title, the following individuals shall be required to receive background 25 clearances as required in subdivision one of this section: 26 (i) any applicant to be an operator or director of a child day care 27 program; 28 (ii) any current operator or director of a child day care program; 29 (iii) any applicant to enroll to be a caregiver for an enrolled legal- 30 ly exempt provider, unless such individual is related to all children 31 for whom child care services are provided; 32 (iv) any current caregiver for an enrolled legally exempt provider, 33 unless such individual is related to all children for whom child care 34 services are provided; 35 (v) any applicant to be an employee, assistant or volunteer, when such 36 volunteer has the potential for unsupervised contact with children in a 37 child day care program; 38 (vi) any current employee, assistant or volunteer, when such volunteer 39 has the potential for unsupervised contact with children in a child day 40 care program; 41 (vii) any applicant to be an employee, assistant or volunteer with the 42 potential for unsupervised contact with children in an enrolled legally 43 exempt provider, unless such individual is related to all children for 44 whom child care services are provided; 45 (viii) any current employee, assistant, or volunteer with the poten- 46 tial for unsupervised contact with children in an enrolled legally 47 exempt provider, unless such individual is related to all children for 48 whom child care services are provided; and 49 (ix) where the child care services will be or are provided in a home 50 setting where the child does not reside, any individual, age eighteen or 51 older who is not related to all children for whom child care services 52 are or will be provided, resides or begins to reside. 53 (b) Provided however, the background clearances required pursuant to 54 paragraphs (a), (c), (d) and (g) of subdivision one of this section 55 shall, beginning September first, two thousand nineteen, be completedS. 4326 6 1 for individuals referenced in subparagraphs (i), (iii), (v), (vii) and 2 (ix) of paragraph (a) of this subdivision. 3 (c) Notwithstanding paragraph (b) of this subdivision, prior to Octo- 4 ber first, two thousand twenty, all background clearances listed in 5 subdivision one of this section that have not previously been conducted 6 pursuant to paragraph (b) of this subdivision and for which on-going 7 criminal history results are not already provided, shall be conducted in 8 accordance with a schedule developed by the office of children and fami- 9 ly services, for background clearances required in subparagraphs (ii), 10 (iv), (vi), (viii) and (ix) of paragraph (a) of this subdivision. 11 (d) The office of children and family services shall also develop a 12 schedule for applicable background clearance required to be completed in 13 accordance with subdivision one of this section after background clear- 14 ances pursuant to paragraphs (b) and (c) of this subdivision have been 15 completed for compliance with the federal child care and development 16 block grant act. 17 (e) The background clearances required pursuant to this section other 18 than those for which on-going criminal history results are provided, 19 shall be conducted for a person listed in subparagraphs (ii), (iv), 20 (vi), (viii) and (ix) of paragraph (a) of this subdivision at least once 21 every five years in accordance with a schedule developed by the office 22 of children and family services. 23 3. (a) In relation to the background clearances required pursuant this 24 section, an individual required to receive background clearances pursu- 25 ant to paragraph (a) of subdivision two of this section shall be deemed 26 ineligible to provide child care services in any child day care program 27 or as an enrolled legally exempt provider, as defined in section three 28 hundred ninety of this title, if such individual: 29 (i) refuses to consent to such clearance; 30 (ii) knowingly makes a materially false statement in connection with 31 such a clearance; 32 (iii) is registered, or is required to be registered, on a state sex 33 offender registry or repository or the national sex offender registry 34 established under the Adam Walsh child protection and safety act of 2006 35 (42 U.S.C. 16901 et seq.); or 36 (iv) has been convicted of a crime enumerated in subparagraph (E) or 37 clauses (i) through (viii) of subparagraph (D) of paragraph (1) of 38 subdivision (C) of 42 U.S.C. 9858f. 39 (b) Except as set forth in paragraph (c) of this subdivision, after 40 reviewing any New York criminal record check of an individual who is 41 required to receive such background clearance pursuant to subdivision 42 two of this section, the office of children and family services and the 43 program or provider shall take the following actions: 44 (i) 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 conviction for a crime other than one set forth in subparagraph (iv) of 48 paragraph (a) of this subdivision, the office of children and family 49 services may deny the application, only after providing a copy of such 50 criminal history information and a copy of article twenty-three-A of the 51 correction law to the individual and informing such individual of his or 52 her right to seek correction of any incorrect information contained in 53 such criminal history information provided by the division of criminal 54 justice services pursuant to the regulations and the right of such indi- 55 vidual to provide information relevant to such analysis to the office ofS. 4326 7 1 children and family services, consistent with article twenty-three-A of 2 the correction law; 3 (ii) Where the criminal record check of an individual required to 4 receive background clearances pursuant to subparagraphs (i), (iii) and 5 (ix) of paragraph (a) of subdivision two of this section, reveals a 6 pending charge for any crime, the office of children and family services 7 shall hold the application in abeyance until the charge is adjudicated; 8 (iii) Where the criminal record check of an individual required to 9 receive background clearances pursuant to subparagraphs (ii), (iv) and 10 (ix) of paragraph (a) of subdivision two of this section, reveals a 11 conviction for a crime other than one set forth in subparagraph (iv) of 12 paragraph (a) of this subdivision, the office of children and family 13 services shall conduct a safety assessment of the program or provider 14 and take all appropriate steps to protect the health and safety of the 15 children receiving care at such location. The office may deny, limit, 16 suspend, revoke, reject or terminate a license or registration or termi- 17 nate such provider's enrollment, as applicable based on such a 18 conviction, only after providing a copy of such criminal history infor- 19 mation and a copy of article twenty-three-A of the correction law to the 20 individual and informing such individual of his or her right to seek 21 correction of any incorrect information contained in such criminal 22 history information provided by the division of criminal justice 23 services pursuant to the regulations and the right of such individual to 24 provide information relevant to such analysis to the office of children 25 and family services, consistent with article twenty-three-A of the 26 correction law; 27 (iv) Where the criminal record check of an individual required to 28 receive background clearances pursuant to subparagraphs (ii), (iv) and 29 (ix) of paragraph (a) of subdivision two of this section, reveals a 30 pending charge for any crime, the office of children and family services 31 shall conduct a safety assessment of the program or provider and take 32 all appropriate steps to protect the health and safety of the children 33 receiving care at such location. The office may suspend a license, 34 registration, or enrollment, as applicable based on such pending charge 35 where necessary to protect the health and safety of the children receiv- 36 ing care at such location consistent with article twenty-three-A of the 37 correction law; 38 (v) Where the criminal record check of an individual required to 39 receive background clearances pursuant to subparagraphs (v) and (vii) of 40 paragraph (a) of subdivision two of this section, reveals a conviction 41 for a crime other than one set forth in subparagraph (iv) of paragraph 42 (a) of this subdivision, the office of children and family services may, 43 direct the program or provider to deny the application, only after 44 providing a copy of such criminal history information and a copy of 45 article twenty-three-A of the correction law to the individual and 46 informing such individual of his or her right to seek correction of any 47 incorrect information contained in such criminal history information 48 provided by the division of criminal justice services pursuant to the 49 regulations and the right of such individual to provide information 50 relevant to such analysis to the office of children and family services, 51 consistent with article twenty-three-A of the correction law; 52 (vi) Where the criminal record check of an individual required to 53 receive background clearances pursuant to subparagraphs (v) and (vii) of 54 paragraph (a) of subdivision two of this section, reveals a pending 55 charge for any crime, the office of children and family services shall 56 hold the application in abeyance until the charge is adjudicated;S. 4326 8 1 (vii) Where the criminal record check of an individual required to 2 receive background clearances pursuant to subparagraphs (vi) and (viii) 3 of paragraph (a) of subdivision two of this section reveals a conviction 4 for a crime other than one set forth in subparagraph (iv) of paragraph 5 (a) of this subdivision, the office of children and family services 6 shall conduct a safety assessment of the program or provider and take 7 all appropriate steps to protect the health and safety of the children 8 receiving care at such location. The office may direct the program or 9 provider to terminate the employee, assistant or volunteer based on such 10 a conviction, only after providing a copy of such criminal history 11 information and a copy of article twenty-three-A of the correction law 12 to the individual and informing such individual of his or her right to 13 seek correction of any incorrect information contained in such criminal 14 history information provided by the division of criminal justice 15 services pursuant to the regulations and the right of such individual to 16 provide information relevant to such analysis to the office of children 17 and family services, consistent with article twenty-three-A of the 18 correction law and in accordance with any applicable collective bargain- 19 ing agreement; 20 (viii) Where the criminal record check of an individual required to 21 receive background clearances pursuant to subparagraphs (vi) and (viii) 22 of paragraph (a) of subdivision two of this section reveals a pending 23 charge for any crime, the office of children and family services shall 24 conduct a safety assessment of the program or provider and take all 25 appropriate steps to protect the health and safety of the children 26 receiving care at such location; or 27 (ix) Advise the program or provider that the individual has no crimi- 28 nal history record. 29 (c)(i) The office of children and family services shall not release 30 the report of the national criminal record check received from the 31 federal bureau of investigation in accordance with this subdivision to 32 any non-public entity or entity not otherwise authorized. 33 (ii) Notwithstanding any other provision of law to the contrary, after 34 reviewing any national criminal record check of an individual who is 35 required to receive such background clearance pursuant to paragraph (a) 36 of subdivision two of this section, the office of children and family 37 services shall proceed as follows: (A) review and evaluate the results 38 of the national criminal record check of a current or prospective opera- 39 tor, director, caregiver, employee, assistant, volunteer with the poten- 40 tial for unsupervised contact with the child receiving services as well 41 as any other person eighteen years of age or older who resides in the 42 home where care is provided or to be provided, other than in the child's 43 home, in accordance with the standards set forth in paragraphs (a) and 44 (b) of this subdivision relating to convictions that make an individual 45 ineligible, discretionarily ineligible, or a direction that such indi- 46 vidual's background clearance request be held in abeyance during the 47 pendency of certain criminal charges; and (B) based on the results of 48 the national criminal record check, where applicable, inform such child 49 day care program or enrolled legally exempt provider that the applica- 50 tion or employment (1) must be denied or terminated; (2) must be held in 51 abeyance pending subsequent notification pursuant to subdivision six of 52 this section, from the office of children and family services; or (3) 53 that the office of children and family services has no objection, solely 54 based on the national criminal record check, for the child day care 55 program or enrolled legally exempt provider to proceed with a determi-S. 4326 9 1 nation on such application or current employment based on any currently 2 required standards. 3 (iii) Where the office of children and family services directs the 4 child day care program or enrolled legally exempt provider to deny the 5 application or terminate employment in accordance with this paragraph, 6 the office of children and family services shall also notify as the case 7 may be, such current or prospective employee, assistant, volunteer with 8 the potential for unsupervised contact with children or other person 9 eighteen years of age or older, who resides in the home where care is 10 provided, other than the child's home, that the criminal record check 11 was the basis for the denial of clearance and shall provide such indi- 12 vidual with a copy of the results of the national criminal record check 13 upon which such denial was based together with a written statement 14 setting forth the reasons for such denial, as well as a copy of article 15 twenty-three-A of the correction law and inform such individual of his 16 or her right to seek correction of any incorrect information contained 17 in such national record check provided by the federal bureau of investi- 18 gation pursuant to the regulations and the right of such individual to 19 provide information relevant to such analysis. 20 § 11. Subdivisions 6 and 7 of section 390-b of the social services 21 law, as added by chapter 416 of the laws of 2000, are amended to read as 22 follows: 23 6. The notification by the office of children and family services to 24 the child day care [provider] program or enrolled legally exempt provid- 25 er pursuant to this section shall include a summary of the individual's 26 New York criminal history record, if any, provided by the division of 27 criminal justice services. When providing notification to a child day 28 care program or enrolled legally exempt provider who are non-public 29 agencies, or otherwise unauthorized to receive such notification, with 30 respect to the results of a national criminal record check performed by 31 the federal bureau of investigation, the office of children and family 32 services shall advise the program or provider, where appropriate, of the 33 category or categories of crime or crimes for which the individual has a 34 conviction, and shall not provide the specific crime or crimes of 35 conviction absent the express written consent of the person for whom the 36 national criminal record check was performed. 37 7. Where the office of children and family services directs a child 38 day care [provider] program or enrolled legally exempt provider to deny 39 an application [based on the criminal history record], the program or 40 provider must notify the applicant [that such record is] in writing the 41 basis of the denial. 42 § 12. Subdivision 10 of section 390 of the social services law, as 43 amended by chapter 416 of the laws of 2000, is amended to read as 44 follows: 45 10. (a) Any home or facility providing child day care shall be oper- 46 ated in accordance with applicable statutes and regulations. Any 47 violation of applicable statutes or regulations shall be a basis to 48 deny, limit, suspend, revoke, or terminate a license or registration. 49 Consistent with articles twenty-three and twenty-three-A of the 50 correction law, and guidelines referenced in subdivision two of section 51 four hundred twenty-five of this article, if the office of children and 52 family services is made aware of the existence of a criminal conviction 53 or pending criminal charge concerning an operator of a family day care 54 home, group family day care home, school-age child care program, or 55 child day care center or concerning any assistant, employee or volunteer 56 in such homes, programs or centers, or any persons age eighteen or overS. 4326 10 1 who reside in such homes, such conviction or charge may be a basis to 2 deny, limit, suspend, revoke, reject, or terminate a license or regis- 3 tration in accordance with subdivision three of section three hundred 4 ninety-b of this title. Before any license issued pursuant to the 5 provisions of this section is suspended or revoked, before registration 6 pursuant to this section is suspended or terminated, or when an applica- 7 tion for such license is denied or registration rejected, the applicant 8 for or holder of such registration or license is entitled, pursuant to 9 section twenty-two of this chapter and the regulations of the office of 10 children and family services, to a hearing before the office of children 11 and family services. However, a license or registration shall be tempo- 12 rarily suspended or limited without a hearing upon written notice to the 13 operator of the facility following a finding that the public health, or 14 an individual's safety or welfare, are in imminent danger. The holder of 15 a license or registrant is entitled to a hearing before the office of 16 children and family services to contest the temporary suspension or 17 limitation. If the holder of a license or registrant requests a hearing 18 to contest the temporary suspension or limitation, such hearing must be 19 scheduled to commence as soon as possible but in no event later than 20 thirty days after the receipt of the request by the office of children 21 and family services. Suspension shall continue until the condition 22 requiring suspension or limitation is corrected or until a hearing deci- 23 sion has been issued. If the office of children and family services 24 determines after a hearing that the temporary suspension or limitation 25 was proper, such suspension or limitation shall be extended until the 26 condition requiring suspension or limitation has been corrected or until 27 the license or registration has been revoked. 28 (b) (i) Consistent with articles twenty-three and twenty-three-A of 29 the correction law, and guidelines developed pursuant to subdivision two 30 of section four hundred twenty-five of this article, if the office of 31 children and family services is made aware of the existence of a crimi- 32 nal conviction or pending criminal charge concerning a current or 33 prospective caregiver, employee, assistant, volunteer with the potential 34 for unsupervised contact, or any persons age eighteen or older who 35 reside in such home where care is provided, that is not in the child's 36 home, and such person is not related to all children receiving care, in 37 an enrolled legally exempt provider, such conviction or charge may be a 38 basis to terminate enrollment in accordance with subdivision three of 39 section three hundred ninety-b of this title. Before any enrollment for 40 an enrolled legally exempt provider may be terminated, or when an appli- 41 cation for such enrollment is denied, the applicant for or holder of 42 such enrollment is entitled, in accordance with section twenty-two of 43 this chapter and the implementing regulations of the office of children 44 and family services, to a hearing before the office of children and 45 family services. However, an enrollment shall be temporarily suspended 46 or limited without a hearing upon written notice to the provider follow- 47 ing a finding that the public health, or an individual's safety or 48 welfare, are in imminent danger. 49 (ii) If an enrolled legally exempt provider's enrollment is termi- 50 nated, such individual or entity shall be immediately re-enrolled once 51 the issue that caused the initial termination has been corrected, and 52 all other elements legally required for enrollment have been satisfied. 53 § 13. Subdivisions 9 and 10 of section 390-b of the social services 54 law, as added by chapter 416 of the laws of 2000, are amended and two 55 new subdivisions 11 and 12 are added to read as follows:S. 4326 11 1 9. Any criminal history record provided by the division of criminal 2 justice services, and any summary of the criminal history record 3 provided by the office of children and family services to a child day 4 care [provider] program or enrolled legally exempt provider pursuant to 5 this section, is confidential and shall not be available for public 6 inspection; provided, however, nothing herein shall prevent a child day 7 care [provider] program, enrolled legally exempt provider or the office 8 of children and family services from disclosing criminal history infor- 9 mation or the individual from disclosing his or her criminal history 10 information at any administrative or judicial proceeding relating to the 11 denial or revocation of an application, employment, license [or], regis- 12 tration or enrollment. The subject of a criminal history review 13 conducted pursuant to this section shall be entitled to receive, upon 14 written request, a copy of the [summary of the] criminal history record 15 [provided by the office of children and family services to the child day16care provider]. Unauthorized disclosure of such records or reports 17 shall subject the provider to civil penalties in accordance with the 18 provisions of subdivision eleven of section three hundred ninety of this 19 title. 20 10. A child day care [provider] program or enrolled legally exempt 21 provider shall advise the office of children and family services when an 22 individual who is subject to criminal history record review in accord- 23 ance with subdivision [one or] two of this section is no longer subject 24 to such review. The office of children and family services shall inform 25 the division of criminal justice services when an individual who is 26 subject to criminal history review is no longer subject to such review 27 so that the division of criminal justice services may terminate its 28 retain processing with regard to such person. At least once a year, the 29 office of children and family services will be required to conduct a 30 validation of the records maintained by the division of criminal justice 31 services. 32 11. The office of children and family services shall pay any process- 33 ing fees for a criminal history or sex offender clearance conducted 34 pursuant to subdivision one of this section. The office of children and 35 family services shall promptly submit fingerprints obtained pursuant to 36 this section and such processing fee to the division of criminal justice 37 services. 38 12. Child day care centers which are not subject to the provisions of 39 section three hundred ninety of this title shall not be subject to the 40 provisions of this section, provided however, that the city of New York 41 shall require that such child day care centers meet the requirements of 42 any federal laws and regulations pertaining to the child care develop- 43 ment and block grant and the related federally approved plans of the 44 state of New York. 45 § 14. Subparagraph (z) of paragraph (A) of subdivision 4 of section 46 422 of the social services law, as amended by section 11 of part L of 47 chapter 56 of the laws of 2015, is amended to read as follows: 48 (z) an entity with appropriate legal authority in another state to 49 license, certify or otherwise approve prospective foster parents, 50 prospective adoptive parents, prospective relative guardians [or], 51 prospective successor guardians or child care programs where disclosure 52 of information regarding such prospective foster or prospective adoptive 53 parents [or], child care programs, prospective relative or prospective 54 successor guardians and other persons over the age of eighteen residing 55 in the home of such persons [is] or where child care is provided in a 56 home other than the child's home, as required under title IV-E of theS. 4326 12 1 federal social security act or the federal child care and development 2 block grant act (section nine thousand eight hundred fifty-eight, et 3 seq. of title forty-two of the United States Code); and 4 § 15. Paragraph (a) of subdivision 1 of section 424-a of the social 5 services law, as amended by section 12 of part L of chapter 56 of the 6 laws of 2015, is amended to read as follows: 7 (a) A licensing agency shall inquire of the [department] office of 8 children and family services and the [department] office shall, subject 9 to the provisions of paragraph (e) of this subdivision, inform such 10 agency and the subject of the inquiry whether an applicant for a certif- 11 icate, license [or], permit or enrollment when such individual is not 12 related to all children for whom care will be provided, [assistants to13group] or to become an employee, assistant or volunteer with the poten- 14 tial for unsupervised contact with children in care of a family day care 15 [providers] program or in the case of an enrolled legally exempt provid- 16 er when such individual is not related to all children for whom care 17 will be provided, the director of a camp subject to the provisions of 18 article thirteen-B of the public health law, [a prospective successor19guardian when a clearance is conducted pursuant to paragraph (d) of20subdivision two of section four hundred fifty-eight-b of this article,] 21 and any person over the age of eighteen who resides in the home of a 22 person who has applied to become an adoptive parent or a foster parent 23 [or to operate a family day care home or group family day care home or24any person over the age of eighteen residing in the home of a prospec-25tive successor guardian when a clearance is conducted of a prospective26successor guardian pursuant to this paragraph] or on the premises where 27 child care services are provided in a home other than the child's home 28 and such person is not related to all children receiving care, has been 29 or is currently the subject of an indicated child abuse and maltreatment 30 report on file with the statewide central register of child abuse and 31 maltreatment. 32 § 16. Subdivision 4 of section 424-a of the social services law, as 33 amended by section 14 of part L of chapter 56 of the laws of 2015, is 34 amended to read as follows: 35 4. For purposes of this section, the term "licensing agency" shall 36 mean an authorized agency which has received an application to become an 37 adoptive parent or an authorized agency which has received an applica- 38 tion for a certificate or license to receive, board or keep any child 39 pursuant to the provisions of section three hundred seventy-six or three 40 hundred seventy-seven of this article or an authorized agency which has 41 received an application from a relative within the second degree or 42 third degree of consanguinity of the parent of a child or a relative 43 within the second degree or third degree of consanguinity of the step- 44 parent of a child or children, or the child's legal guardian for 45 approval to receive, board or keep such child, or an authorized agency 46 that conducts a clearance pursuant to paragraph (d) of subdivision two 47 of section four hundred fifty-eight-b of this article, or a state or 48 local governmental agency which receives an application to provide child 49 day care services in a child day care center, school-age child care 50 program, family day care home or group family day care home or enrolled 51 legally exempt provider pursuant to the provisions of section three 52 hundred ninety of this article, or the department of health and mental 53 hygiene of the city of New York, when such department receives an appli- 54 cation for a certificate of approval to provide child day care services 55 in a child day care center pursuant to the provisions of the health code 56 of the city of New York, or the office of mental health or the officeS. 4326 13 1 for people with developmental disabilities when such office receives an 2 application for an operating certificate pursuant to the provisions of 3 the mental hygiene law to operate a family care home, or a state or 4 local governmental official who receives an application for a permit to 5 operate a camp which is subject to the provisions of article thirteen-B 6 of the public health law or the office of children and family services 7 which has received an application for a certificate to receive, board or 8 keep any child at a foster family home pursuant to articles nineteen-G 9 and nineteen-H of the executive law or any other facility or provider 10 agency, as defined in subdivision four of section four hundred eighty- 11 eight of this chapter, in regard to any licensing or certification func- 12 tion carried out by such facility or agency. 13 § 17. All costs associated with activities related to the implementa- 14 tion of the federal child care development block grant reauthorization 15 act of 2014 required pursuant to this act shall be funded within the 80 16 million dollars allocated for such purpose pursuant to chapter 53 of the 17 laws of 2018. Nothing herein shall limit the ability to utilize such 18 funds to satisfy other requirements necessary to comply with the federal 19 child care development block grant reauthorization act of 2014 not 20 contained within this act. 21 § 18. Severability. If any clause, sentence, paragraph, subdivision, 22 section or part contained in any part of this act shall be adjudged by 23 any court of competent jurisdiction to be invalid, such judgment shall 24 not affect, impair, or invalidate the remainder thereof, but shall be 25 confined in its operation to the clause, sentence, paragraph, subdivi- 26 sion, section or part contained in any part thereof directly involved in 27 the controversy in which such judgment shall have been rendered. It is 28 hereby declared to be the intent of the legislature that this act would 29 have been enacted even if such invalid provisions had not be included 30 herein. 31 § 19. This act shall take effect April 1, 2019; provided, that the 32 office of children and family services is authorized to promulgate any 33 rules or regulations necessary for the implementation of this act on its 34 effective date.
