Bill Text: NY S05811 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to background clearances for temporary child care employment agencies and child care educational and training institutions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S05811 Detail]
Download: New_York-2019-S05811-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5811--A 2019-2020 Regular Sessions IN SENATE May 15, 2019 ___________ Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to background clearances for temporary child care employment agencies and child care educational and training institutions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 424-a of the social services law, 2 as amended by section 14-a of part H of chapter 56 of the laws of 2019, 3 is amended to read as follows: 4 3. For purposes of this section, the term "provider" or "provider 5 agency" shall mean: an authorized agency; the office of children and 6 family services; juvenile detention facilities subject to the certif- 7 ication of the office of children and family services; programs estab- 8 lished pursuant to article nineteen-H of the executive law; non-residen- 9 tial or residential programs or facilities licensed or operated by the 10 office of mental health or the office for people with developmental 11 disabilities except family care homes; including head start programs 12 which are funded pursuant to title V of the federal economic opportunity 13 act of nineteen hundred sixty-four, as amended; early intervention 14 service established pursuant to section twenty-five hundred forty of the 15 public health law; preschool services established pursuant to section 16 forty-four hundred ten of the education law; special act school 17 districts as enumerated in chapter five hundred sixty-six of the laws of 18 nineteen hundred sixty-seven, as amended; programs and facilities 19 licensed by the office of alcoholism and substance abuse services; resi- 20 dential schools which are operated, supervised or approved by the educa- 21 tion department; health homes, or any subcontractor of such health 22 homes, who contracts with or is approved or otherwise authorized by the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11617-03-9S. 5811--A 2 1 department of health to provide health home services to all those 2 enrolled pursuant to a diagnosis of a developmental disability as 3 defined in subdivision twenty-two of section 1.03 of the mental hygiene 4 law and enrollees who are under twenty-one years of age under section 5 three hundred sixty-five-l of this chapter, or any entity that provides 6 home and community based services to enrollees who are under twenty-one 7 years of age under a demonstration program pursuant to section eleven 8 hundred fifteen of the federal social security act; temporary employment 9 agencies providing substitute child care staff to any other provider 10 agency, and educational and training institutions assigning child care 11 staff as interns or residents at any other provider agency; publicly- 12 funded emergency shelters for families with children, provided, however, 13 for purposes of this section, when the provider or provider agency is a 14 publicly-funded emergency shelter for families with children, then all 15 references in this section to the "potential for regular and substantial 16 contact with individuals who are cared for by the agency" shall mean the 17 potential for regular and substantial contact with children who are 18 served by such shelter; and any other facility or provider agency, as 19 defined in subdivision four of section four hundred eighty-eight of this 20 chapter, in regard to the employment of staff, or use of providers of 21 goods and services and staff of such providers, consultants, interns and 22 volunteers. 23 § 2. Section 390-b of the social services law is amended by adding a 24 new subdivision 12 to read as follows: 25 12. For purposes of this section, and notwithstanding section three 26 hundred ninety of this article, an operator or provider of a child day 27 care center or a school age child care program shall include temporary 28 child care employment agencies and child care educational and training 29 institutions. A temporary child care employment agency or child care 30 educational and training institution shall be subject to the criminal 31 history record check requirements for child care staff who may be placed 32 at a child day care center or a school age child care program, but not 33 for the operators or providers of such temporary child care employment 34 agency or child care educational and training institution. Such require- 35 ments shall include submitting fingerprint cards and such other informa- 36 tion as required by the office of children and family services and the 37 division of criminal justice services, and authorizing the office of 38 children and family services to deny or hold in abeyance an employee's 39 application as provided for in this section. The office of children and 40 family services may charge the temporary child care employment agency or 41 child care educational and training institution an amount equal to the 42 processing fee imposed pursuant to subdivision eight-a of section eight 43 hundred thirty-seven of the executive law. Where the office of children 44 and family services advises the temporary child care employment agency 45 or child care educational and training institution that an individual 46 has no criminal history record, no additional criminal history record 47 check by a child day care center or a school age child care program 48 shall be required upon placement of that individual at the child day 49 care center or a school age child care program. For purposes of this 50 subdivision, a "temporary child care employment agency" shall mean any 51 entity that employs substitute child care staff to be supplied on a 52 temporary basis to a child day care center or a school age child care 53 program, and a "child care educational and training institution" shall 54 mean any entity that assigns child care staff as interns or residents at 55 a child day care center or a school age child care program. 56 § 3. This act shall take effect January 1, 2020.
