S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2009

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sens.  GOLDEN,  ALESI,  DeFRANCISCO,  O. JOHNSON, LANZA,
  LARKIN, LAVALLE, PADAVAN, SEWARD, VOLKER,  YOUNG  --  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 criminal history
  review of child care providers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 390-b of the social services law,
as added by chapter 416 of the laws of  2000,  is  amended  to  read  as
follows:
  3.  Notwithstanding  any other provision of law to the contrary, after
reviewing any criminal history record information provided by the  divi-
sion  of criminal justice services, of an individual who is subject to a
criminal history record check pursuant to this section,  the  office  of
children  and  family services and the provider shall take the following
actions:
  (a) (i) Where the criminal history record of an  applicant  to  be  an
operator  of  a  child  day  care center, school age child care program,
group family day care home, family day care home, or any person over the
age of eighteen residing in such a home, reveals a felony conviction [at
any time for a sex offense, crime against a child, or a crime  involving
violence,  or a felony conviction within the past five years for a drug-
related offense, the office of children and family services  shall  deny
the  application  unless  the office determines, in its discretion, that
approval of the application will not in any way jeopardize  the  health,
safety or welfare of the children in the center, program or home] FOR AN
OFFENSE  DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE,
ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, TWO HUNDRED THIRTY-FIVE  OR
TWO  HUNDRED SIXTY-THREE OF THE PENAL LAW, OR AN OFFENSE COMMITTED UNDER
A FORMER PROVISION OF THE PENAL LAW WHICH WOULD CONSTITUTE  A  VIOLATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08266-01-9
              

S. 2009                             2

OF  THE  AFORESAID ARTICLES OF THE PENAL LAW OR ANY OFFENSE COMMITTED IN
ANOTHER JURISDICTION WHICH WOULD CONSTITUTE A VIOLATION OF THE AFORESAID
ARTICLES OF THE PENAL LAW; or
  (ii) Where the criminal history record of an applicant to be an opera-
tor  of  a  child  day care center, school age child care program, group
family day care home, family day care home, or any person over  the  age
of  eighteen  residing  in such a home, reveals a conviction for a crime
other than one set forth in subparagraph  (i)  of  this  paragraph,  the
office  of  children  and  family  services  may  deny  the application,
consistent with article twenty-three-A of the correction law; or
  (iii) Where the criminal history record of an applicant to be an oper-
ator of a child day care center, school age child  care  program,  group
family day care home, family day care home, or any other person over the
age of eighteen residing in such a home, reveals a charge for any crime,
the office of children and family services shall hold the application in
abeyance until the charge is finally resolved.
  (b)  (i)  Where the criminal history record of a current operator of a
child day care center, school age child care program, group  family  day
care  home,  family  day  care home, or any other person over the age of
eighteen residing in such a home, reveals a conviction for a  crime  set
forth  in  subparagraph  (i)  of  paragraph (a) of this subdivision, the
office of children and family services shall conduct a safety assessment
of the program and take all appropriate steps to protect the health  and
safety of the children in the program. The office of children and family
services  shall  deny,  [limit,  suspend,] revoke, reject or terminate a
license or registration based on such a conviction[, unless  the  office
determines,  in  its discretion, that continued operation of the center,
program or home will not in any way jeopardize  the  health,  safety  or
welfare of the children in the center, program or home];
  (ii)  Where  the  criminal  history  record of a current operator of a
child day care center, school age child care program, group  family  day
care  home,  family  day  care home, or any other person over the age of
eighteen residing in such a home, reveals a conviction for a crime other
than one set forth in subparagraph (i) of paragraph (a) of this subdivi-
sion, the office of children and family services shall conduct a  safety
assessment  of the program and take all appropriate steps to protect the
health and safety of the children in the program. The office  may  deny,
limit,  suspend,  revoke,  reject or terminate a license or registration
based on such a conviction, consistent with  article  twenty-three-A  of
the correction law;
  (iii)  Where  the  criminal  history record of a current operator of a
child day care center, school age child care program, group  family  day
care  home,  family  day  care home, or any other person over the age of
eighteen residing in such a home, reveals a charge for  any  crime,  the
office of children and family services shall conduct a safety assessment
of  the program and take all appropriate steps to protect the health and
safety of the children in the program. The office may suspend a  license
or  registration  based  on such a charge where necessary to protect the
health and safety of the children in the program.
  (c) (i) Where the criminal history record of an  applicant  to  be  an
employee  or  volunteer  at  a child day care center or school age child
care program reveals a conviction for a crime set forth in  subparagraph
(i)  of  paragraph  (a)  of this subdivision, the office of children and
family services shall  direct  the  provider  to  deny  the  application
[unless  the  office determines, in its discretion, that approval of the

S. 2009                             3

application will not in any way jeopardize the health, safety or welfare
of the children in the center or program];
  (ii)  Where  the  criminal  history  record  of  an applicant to be an
employee or volunteer at a child day care center  or  school  age  child
care  program  reveals a conviction for a crime other than one set forth
in subparagraph (i) of paragraph (a) of this subdivision, the office  of
children and family services may, consistent with article twenty-three-A
of the correction law, direct the provider to deny the application;
  (iii)  Where  the  criminal  history  record  of an applicant to be an
employee or volunteer at a child day care center  or  school  age  child
care  program reveals a charge for any crime, the office of children and
family services shall hold the application in abeyance until the  charge
is finally resolved.
  (d)  (i)  Where  the  criminal history record of a current employee or
volunteer at a child day care center or school age  child  care  program
reveals  a conviction for a crime set forth in subparagraph (i) of para-
graph (a) of  this  subdivision,  the  office  of  children  and  family
services  shall  conduct a safety assessment of the program and take all
appropriate steps to protect the health and safety of  the  children  in
the  program.  The  office  shall  direct  the provider to terminate the
employee or volunteer based on such a  conviction[,  unless  the  office
determines,  in  its  discretion,  that  the  continued  presence of the
employee or volunteer in the center or program will not in any way jeop-
ardize the health, safety or welfare of the children in  the  center  or
program];
  (ii) Where the criminal history record of a current employee or volun-
teer at a child day care center or school age child care program reveals
a conviction for a crime other than one set forth in subparagraph (i) of
paragraph  (a)  of  this  subdivision, the office of children and family
services shall conduct a safety assessment of the program and  take  all
appropriate  steps  to  protect the health and safety of the children in
the program. The office may direct the provider to terminate the employ-
ee or volunteer based on such  a  conviction,  consistent  with  article
twenty-three-A of the correction law;
   (iii)  Where  the  criminal  history  record of a current employee or
volunteer at a child day care center or school age  child  care  program
reveals  a  charge  for  any  crime,  the  office of children and family
services shall conduct a safety assessment of the program and  take  all
appropriate  steps  to  protect the health and safety of the children in
the program.
  (e) (i) Where the criminal history record of an  applicant  to  be  an
employee,  assistant  or  volunteer  at  a group family day care home or
family day care home reveals a conviction  for  a  crime  set  forth  in
subparagraph  (i)  of  paragraph  (a) of this subdivision, the office of
children and family services shall  direct  the  provider  to  deny  the
application  [unless  the  office  determines,  in  its discretion, that
approval of the application will not in any way jeopardize  the  health,
safety or welfare of the children in the home];
  (ii)  Where  the  criminal  history  record  of  an applicant to be an
employee, assistant or volunteer at a group  family  day  care  home  or
family day care home reveals a conviction for a crime other than one set
forth  in  subparagraph  (i)  of  paragraph (a) of this subdivision, the
office of children and family  services  may,  consistent  with  article
twenty-three-A  of  the  correction law, direct the provider to deny the
application;

S. 2009                             4

  (iii) Where the criminal history record  of  an  applicant  to  be  an
employee,  assistant  or  volunteer  at  a group family day care home or
family day care home reveals a charge for any crime, the office of chil-
dren and family services shall hold the application  in  abeyance  until
the charge is finally resolved.
  (f)  (i)  Where  the  criminal  history  record of a current employee,
assistant or volunteer at a group family day care  home  or  family  day
care home reveals a conviction for a crime set forth in subparagraph (i)
of  paragraph (a) of this subdivision, the office of children and family
services shall conduct a safety assessment of the program and  take  all
appropriate  steps  to  protect the health and safety of the children in
the home. The office of children and family services  shall  direct  the
provider to terminate the employee, assistant or volunteer based on such
a conviction[, unless the office determines, in its discretion, that the
continued  presence  of the employee, assistant or volunteer in the home
will not in any way jeopardize the health,  safety  or  welfare  of  the
children in the home];
  (ii)  Where the criminal history record of a current employee, assist-
ant or volunteer at a group family day care home or family day care home
reveals a conviction for a crime other than one set  forth  in  subpara-
graph  (i)  of paragraph (a) of this subdivision, the office of children
and family services shall conduct a safety assessment of  the  home  and
take all appropriate steps to protect the health and safety of the chil-
dren  in  the  home. The office may direct the provider to terminate the
employee, assistant or volunteer based on such a conviction,  consistent
with article twenty-three-A of the correction law;
  (iii) Where the criminal history record of a current employee, assist-
ant or volunteer at a group family day care home or family day care home
reveals  a  charge  for  any  crime,  the  office of children and family
services shall conduct a safety assessment of  the  home  and  take  all
appropriate  steps  to  protect the health and safety of the children in
the home.
  (g) Advise the provider that the individual has  no  criminal  history
record.
  S 2. This act shall take effect immediately.