Bill Text: NY S05811 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5811

                               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

        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 56 of the laws of 2019, is
     3  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
    23  department  of  health  to  provide  health  home  services to all those
    24  enrolled pursuant to  a  diagnosis  of  a  developmental  disability  as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11617-01-9
        S. 5811                             2

     1  defined  in subdivision twenty-two of section 1.03 of the mental hygiene
     2  law and enrollees who are under twenty-one years of  age  under  section
     3  three  hundred sixty-five-l of this chapter, or any entity that provides
     4  home  and community based services to enrollees who are under twenty-one
     5  years of age under a demonstration program pursuant  to  section  eleven
     6  hundred fifteen of the federal social security act; temporary employment
     7  agencies  providing  substitute  child  care staff to any other provider
     8  agency, and educational and training institutions assigning  child  care
     9  staff  as  interns  or residents at any other provider agency; publicly-
    10  funded emergency shelters for families with children, provided, however,
    11  for purposes of this section, when the provider or provider agency is  a
    12  publicly-funded  emergency  shelter for families with children, then all
    13  references in this section to the "potential for regular and substantial
    14  contact with individuals who are cared for by the agency" shall mean the
    15  potential for regular and substantial  contact  with  children  who  are
    16  served  by  such  shelter; and any other facility or provider agency, as
    17  defined in subdivision four of section four hundred eighty-eight of this
    18  chapter, in regard to the employment of staff, or use  of  providers  of
    19  goods and services and staff of such providers, consultants, interns and
    20  volunteers.
    21    §  2.  Section 390-b of the social services law is amended by adding a
    22  new subdivision 12 to read as follows:
    23    12. For purposes of this section, and  notwithstanding  section  three
    24  hundred  ninety  of this article, an operator or provider of a child day
    25  care center or a school age child care program shall  include  temporary
    26  child  care  employment agencies and child care educational and training
    27  institutions. A temporary child care employment  agency  or  child  care
    28  educational  and  training  institution shall be subject to the criminal
    29  history record check requirements for child care staff who may be placed
    30  at a child day care center or a school age child care program,  but  not
    31  for  the  operators or providers of such temporary child care employment
    32  agency or child care educational and training institution. Such require-
    33  ments shall include submitting fingerprint cards and such other informa-
    34  tion as required by the office of children and family services  and  the
    35  division  of  criminal  justice  services, and authorizing the office of
    36  children and family services to deny or hold in abeyance  an  employee's
    37  application as provided for in this section.  The office of children and
    38  family services may charge the temporary child care employment agency or
    39  child  care  educational and training institution an amount equal to the
    40  processing fee imposed pursuant to subdivision eight-a of section  eight
    41  hundred  thirty-seven of the executive law. Where the office of children
    42  and family services advises the temporary child care  employment  agency
    43  or  child  care  educational and training institution that an individual
    44  has no criminal history record, no additional  criminal  history  record
    45  check  by  a  child  day  care center or a school age child care program
    46  shall be required upon placement of that individual  at  the  child  day
    47  care  center  or  a  school age child care program. For purposes of this
    48  subdivision, a "temporary child care employment agency" shall  mean  any
    49  entity  that  employs  substitute  child  care staff to be supplied on a
    50  temporary basis to a child day care center or a school  age  child  care
    51  program,  and  a "child care educational and training institution" shall
    52  mean any entity that assigns child care staff as interns or residents at
    53  a child day care center or a school age child care program.
    54    § 3. This act shall take effect immediately.