BILL NUMBER:S1518

TITLE OF BILL:
An act
to amend the social services law, in relation to requiring filing with
the office of children and family services
by nursery school operators
and
authorizing certain nursery schools
to submit fingerprints of applicants
for the purpose of a search of criminal history
records of the division of criminal justice services

PURPOSE: Requires certain nursery school operators to
file with the
Department of Social Services and to fingerprint applicants for the
purpose of conducting a search of criminal history records.

SUMMARY OF PROVISIONS: Amends §§ 390, 390-a, 390-b
and 424-a of the
Social Services Law.

JUSTIFICATION: Current statute definition regarding
child care
providers authorizes the Office of Children and Family Services
(OCFS) oversight only for those operators who provide care for more
              

than three hours a day per child. As a result, an entire subsection
of child care providers, specifically those who care for children for
three hours or less a day in settings commonly referred to as nursery
schools, have no statutory definition and operate outside of OCFS
regulations and oversight. This bill would require nursery school
providers, defined as those child care providers caring for three or
more preschool children for three or less hours a day, to file with
the Office of Children and Family Services. Initial filing would be
valid for one year. Subsequent renewals would be valid for two years.
Once filed, nursery schools would be required to conform with
applicable OCFS rules and regulations. As a result, a custodial
parent or guardian would have unlimited access to his or her child
and the right to on-demand nursery school inspection during hours of
operation.

In addition, this bill would include nursery schools in the provision
requiring the Office of Children and Family Services to inspect 20%
of State regulated child care programs. A nursery school operator
would have 30 days to conform with applicable statutes or regulations
if found in violation.. Following filing, OCFS would provide nursery
school operators with information on liability insurance, start-up
grants, federal food programs, child day care subsidies, tax
information and support services available through child care resource
and referral programs. This bill would authorize OCFS to fine nursery
school operators who do not comply with filing requirements up to

$250 a day. Once notified by OCFS of filing requirements, a provider
would have thirty days to file. Furthermore, OCFS would be authorized
to impose civil penalties in relation to violation of laws or
regulations. This bill would also require anyone applying for
employment in nursery schools to submit to mandatory fingerprinting
procedures for purposes of a State and Federal criminal records
background check.

In sum, this legislation would bring nursery school providers under
State supervision, thereby protecting the safety and well being of a
large group of children who remain vulnerable to repulsive acts of
molestation. A nursery school connected with a school district is
excluded from this requirement, as those applicants are already being
fingerprinted.

LEGISLATIVE HISTORY: 1996-2001: Senate Children and
Families
Committee; 2002: Senate Rules Committee; 2003-10: Senate Children and
Families Committee. 2011-12: Senate Finance Committee.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect 180 days
after the date it
shall have become a law, provided, however, that any rules or
regulations necessary to implement the provisions of this act on its
effective date shall be promulgated on or before such date.