NY State Senate Bill 2011-S2620

Senate Bill S2620

2011-2012 Legislative Session

Provides for screening of applicants for a license or registration to provide child day care and for screening for child day care personnel

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2011	referred to children and families

2011-S2620 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §390, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:: S353

2011-S2620 (ACTIVE) - Summary

Provides for the criminal history check of applicants for a license or registration to provide child day care and for similar mandatory screening for child day care personnel; outlines the procedure and elements of mandatory screening and gives circumstances under which the license or registration may be denied.

2011-S2620 (ACTIVE) - Sponsor Memo

2011-S2620 (ACTIVE) - Bill Text download pdf

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

                                  2620

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 27, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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  mandatory
  screening of applicants for a license or registration to provide child
  day  care  and  to  mandatory screening of personnel of child day care
  providers

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

  Section  1.    Section  390  of  the social services law is amended by
adding a new subdivision 10-a to read as follows:
  10-A. (A) ANY PERSON WHO APPLIES FOR A LICENSE TO OPERATE A CHILD  DAY
CARE  CENTER OR GROUP FAMILY DAY CARE PROGRAM, OR ANY PERSON WHO APPLIES
FOR REGISTRATION TO OPERATE A FAMILY  DAY  CARE  HOME,  CHILD  DAY  CARE
CENTER  OR  SCHOOL-AGE  CHILD  CARE  PROGRAM WHO KNOWINGLY, WILLFULLY OR
INTENTIONALLY FAILS TO DISCLOSE OR FALSIFIES INFORMATION REGARDING PRIOR
FELONY CONVICTIONS WHILE APPLYING FOR A LICENSE OR REGISTRATION SHALL BE
SUBJECT TO AN IMMEDIATE DENIAL OF SUCH APPLICATION FOR A PERIOD  OF  ONE
YEAR,  OR,  IF A LICENSE OR REGISTRATION WAS GRANTED TO THE APPLICANT IN
RELIANCE BY THE OFFICE OF CHILDREN AND FAMILY SERVICES ON SUCH FALSIFIED
APPLICATION SUCH CHILD DAY CARE PROVIDER SHALL BE SUBJECT TO AN  IMMEDI-
ATE SUSPENSION OF SUCH LICENSE OR REGISTRATION FOR A PERIOD OF ONE YEAR.
IF  SUCH FAILURE TO DISCLOSE OR FALSIFICATION CONCERNS ONE OF THE FELONY
CONVICTIONS SET FORTH IN SUBDIVISION TEN OF THIS  SECTION,  SUCH  APPLI-
CANT'S  APPLICATION  SHALL  BE PERMANENTLY DENIED OR SUCH CHILD DAY CARE
PROVIDER'S LICENSE SHALL BE REVOKED. SUCH DENIAL, SUSPENSION OR  REVOCA-
TION    SHALL  COMMENCE  UPON  WRITTEN NOTIFICATION BY THE OFFICE TO THE
APPLICANT OR CHILD DAY CARE PROVIDER THAT THE OFFICE HAS BEEN MADE AWARE
OF SUCH FAILURE TO DISCLOSE OR FALSIFICATION. THE APPLICANT OR CHILD DAY
CARE PROVIDER SHALL BE ENTITLED  TO  A  HEARING  BEFORE  THE  OFFICE  TO
CONTEST  THE ALLEGATIONS REGARDING FALSIFICATION OR FAILURE TO DISCLOSE.
SUCH HEARING MUST BE SCHEDULED TO COMMENCE AS SOON AS POSSIBLE BUT IN NO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07294-01-1

S. 2620                             2

EVENT LATER THAN THIRTY DAYS AFTER THE  RECEIPT  BY  THE  DEPARTMENT  OF
FAMILY  ASSISTANCE OF THE REQUEST FOR A HEARING MADE BY THE APPLICANT OR
CHILD DAY CARE PROVIDER. DENIAL, SUSPENSION OR REVOCATION SHALL CONTINUE
UNTIL  A  HEARING  DECISION  HAS BEEN ISSUED.   IF THE OFFICE DETERMINES
AFTER A HEARING THAT THE DENIAL, SUSPENSION OR  REVOCATION  WAS  PROPER,
SUCH  DENIAL  OR SUSPENSION SHALL CONTINUE FOR A PERIOD OF ONE YEAR FROM
ITS COMMENCEMENT, OR SUCH REVOCATION OR PERMANENT  DENIAL  SHALL  BECOME
FINAL. THE OFFICE SHALL REVOKE SUCH DENIAL, SUSPENSION OR REVOCATION IF,
IN  ITS  ABSOLUTE  DISCRETION, IT DEEMS THAT IN THE INTEREST OF JUSTICE,
SUCH DENIAL, SUSPENSION OR REVOCATION SHOULD BE REVOKED.
  (B) ANY PERSON WHO APPLIES FOR A POSITION AS AN ASSISTANT, EMPLOYEE OR
VOLUNTEER AT A CHILD DAY CARE CENTER, GROUP  FAMILY  DAY  CARE  PROGRAM,
FAMILY  DAY  CARE  HOME, OR SCHOOL-AGE CHILD CARE PROGRAM WHO KNOWINGLY,
WILLFULLY OR INTENTIONALLY FAILS TO DISCLOSE  OR  FALSIFIES  INFORMATION
REGARDING  PRIOR  FELONY  CONVICTIONS  WHILE  APPLYING FOR SUCH POSITION
SHALL BE SUBJECT TO AN IMMEDIATE DENIAL OF SUCH APPLICATION,  OR,  IF  A
POSITION  WAS  GRANTED  TO THE APPLICANT IN RELIANCE BY A CHILD DAY CARE
PROVIDER ON SUCH  FALSIFIED  APPLICATION  SUCH  ASSISTANT,  EMPLOYEE  OR
VOLUNTEER  SHALL  BE  SUBJECT  TO AN IMMEDIATE DISCHARGE FROM HIS OR HER
POSITION. SUCH DENIAL OR DISCHARGE SHALL COMMENCE UPON WRITTEN NOTIFICA-
TION BY THE CHILD DAY CARE PROVIDER TO THE APPLICANT, ASSISTANT, EMPLOY-
EE OR VOLUNTEER THAT THE CHILD DAY CARE PROVIDER HAS BEEN MADE AWARE  OF
SUCH  FAILURE  TO  DISCLOSE  OR FALSIFICATION. THE APPLICANT, ASSISTANT,
EMPLOYEE OR VOLUNTEER SHALL BE ENTITLED TO A HEARING BEFORE  THE  OFFICE
TO  CONTEST  THE  ALLEGATIONS  REGARDING  FALSIFICATION  OR  FAILURE  TO
DISCLOSE. SUCH HEARING MUST BE SCHEDULED TO COMMENCE AS SOON AS POSSIBLE
BUT IN NO EVENT LATER THAN THIRTY DAYS AFTER THE RECEIPT BY  THE  OFFICE
OF  THE REQUEST FOR A HEARING MADE BY THE APPLICANT, ASSISTANT, EMPLOYEE
OR VOLUNTEER. DENIAL OR DISCHARGE SHALL CONTINUE UNTIL A  HEARING  DECI-
SION HAS BEEN ISSUED.  IF THE OFFICE DETERMINES AFTER A HEARING THAT THE
DENIAL  OR  DISCHARGE  WAS PROPER, SUCH DENIAL OR DISCHARGE SHALL BECOME
FINAL. THE OFFICE SHALL REVOKE SUCH DENIAL OR DISCHARGE IF, IN ITS ABSO-
LUTE DISCRETION, IT DEEMS THAT IN THE INTEREST OF JUSTICE,  SUCH  DENIAL
OR DISCHARGE SHOULD BE REVOKED.
  S 2. Section 390 of the social services law is amended by adding a new
subdivision 10-b to read as follows:
  10-B. ANY PERSON WHO APPLIES FOR A LICENSE TO OPERATE A CHILD DAY CARE
CENTER  OR  GROUP FAMILY DAY CARE PROGRAM, OR ANY PERSON WHO APPLIES FOR
REGISTRATION TO OPERATE A FAMILY DAY CARE HOME, CHILD DAY CARE CENTER OR
SCHOOL-AGE CHILD CARE PROGRAM AND ANY OPERATOR  OF  A  FAMILY  DAY  CARE
HOME,  GROUP  FAMILY  DAY  CARE  HOME, SCHOOL-AGE CHILD CARE PROGRAM, OR
CHILD DAY CARE CENTER OR ANY ASSISTANT, EMPLOYEE OR  VOLUNTEER  IN  SUCH
HOMES,  PROGRAMS OR CENTERS, OR ANY PERSONS OVER THE AGE OF EIGHTEEN WHO
RESIDE IN SUCH  HOMES  SHALL  BE  SUBJECT  TO  SCREENING  PROCEDURES  AS
PROVIDED BY THIS SUBDIVISION.
 FOR  PURPOSES  OF  THIS  SUBDIVISION, PERSONS APPLYING FOR A LICENSE OR
REGISTRATION SHALL  BE  COLLECTIVELY  REFERRED  TO  AS  APPLICANTS,  AND
PERSONS  WHO  ARE  NOT  APPLICANTS  SHALL BE COLLECTIVELY REFERRED TO AS
PERSONNEL.
  (A) SCREENING FOR APPLICANTS SHALL BE CARRIED OUT  BY  THE  OFFICE  OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH RULES AND REGULATIONS OF
THE  COMMISSIONER OF THE OFFICE AND SHALL INCLUDE, BUT NOT BE LIMITED TO
(1) FINGERPRINTING; (2) REVIEW OF CRIMINAL CONVICTIONS AND PENDING CRIM-
INAL ACTIONS, PROVIDED THAT THE OFFICE  SHALL  NOT  DENY  A  LICENSE  OR
REGISTRATION  OF  AN  APPLICANT WHO IS THE SUBJECT OF A PENDING CRIMINAL
ACTION, BUT SHALL DEFER DECISION ON SUCH APPLICANT UNTIL DISPOSITION  OF

S. 2620                             3

THE  PENDING CRIMINAL ACTION; AND (3) INQUIRE WITH THE STATEWIDE CENTRAL
REGISTER OF CHILD ABUSE AND MALTREATMENT. UPON COMPLETION BY THE  OFFICE
OF  THE PROCEDURES SET FORTH IN SUBPARAGRAPHS ONE, TWO AND THREE OF THIS
PARAGRAPH, IT SHALL DEFER DECISION ON SUCH APPLICANT'S LICENSE OR REGIS-
TRATION  UNTIL  THE  OFFICE  IS  IN RECEIPT OF SUCH INFORMATION FROM THE
DIVISION OF CRIMINAL JUSTICE SERVICES AND FROM THE STATE CENTRAL  REGIS-
TER  OF  CHILD  ABUSE  AND  MALTREATMENT.  IN THE EVENT SUCH INFORMATION
REVEALS THE EXISTENCE OF ANY FELONY CONVICTION SET FORTH IN  SUBDIVISION
TEN  OF  THIS SECTION OR IF THE APPLICANT IS THE SUBJECT OF AN INDICATED
CHILD ABUSE AND MALTREATMENT REPORT, SUCH APPLICANT'S APPLICATION FOR  A
LICENSE  OR REGISTRATION SHALL BE DENIED. ALL CURRENT CHILD CARE PROVID-
ERS SHALL BE SUBJECT TO THE SCREENING PROCEDURES SET FORTH IN THIS PARA-
GRAPH AND A FINDING OF THE EXISTENCE OF ANY OF  THE  FELONY  CONVICTIONS
SET  FORTH  IN  SUBDIVISION  TEN  OF  THIS SECTION OR A FINDING THAT THE
APPLICANT IS THE SUBJECT OF AN INDICATED CHILD  ABUSE  AND  MALTREATMENT
REPORT,  SUCH  CHILD  CARE  PROVIDER'S  LICENSE OR REGISTRATION SHALL BE
IMMEDIATELY REVOKED UPON WRITTEN NOTICE TO THE CHILD CARE PROVIDER.
  (B) (1) EACH CHILD CARE PROVIDER SHALL BE RESPONSIBLE FOR THE RECRUIT-
MENT OF APPROPRIATE PERSONNEL,  THE  VERIFICATION  OF  CREDENTIALS,  THE
GATHERING  OF  PERSONAL  AND  EMPLOYMENT  REFERENCES,  AND SELECTION AND
HIRING OF ALL PERSONNEL NECESSARY TO FURNISH CHILD CARE SERVICES.   EACH
CHILD  DAY  CARE PROVIDER AND THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL COOPERATE WITH REGARD TO THE SCREENING OF ALL CURRENT AND PROSPEC-
TIVE PERSONNEL. THE METHOD OF SCREENING SHALL BE ACCOMPLISHED IN ACCORD-
ANCE WITH RULES AND REGULATIONS  OF  THE  COMMISSIONER  OF  THE  OFFICE.
SCREENING  SHALL INCLUDE, BUT NOT BE LIMITED TO (I) FINGERPRINTING; (II)
REVIEW OF CRIMINAL CONVICTIONS AND PENDING  CRIMINAL  ACTIONS,  PROVIDED
THAT  THE  CHILD  CARE  PROVIDER SHALL NOT DISMISS OR PERMANENTLY DENY A
POSITION TO CURRENT AND PROSPECTIVE PERSONNEL WHO ARE SUBJECTS OF  PEND-
ING  CRIMINAL  ACTIONS,  BUT MAY SUSPEND SUCH CURRENT PERSONNEL OR DEFER
DECISIONS ON SUCH PROSPECTIVE PERSONNEL UNTIL DISPOSITION OF THE PENDING
CRIMINAL ACTION; AND (III) INQUIRY WITH THE STATEWIDE  CENTRAL  REGISTER
OF CHILD ABUSE AND MALTREATMENT.
  IN  THE  EVENT  SUCH  INQUIRY  REVEALS  THE  EXISTENCE  OF  ANY FELONY
CONVICTION SET FORTH IN SUBDIVISION TEN OF THIS SECTION  CONCERNING  ANY
CURRENT  OR  PROSPECTIVE  PERSONNEL  OR  IF  ANY  CURRENT OR PROSPECTIVE
PERSONNEL IS THE SUBJECT OF AN INDICATED CHILD  ABUSE  AND  MALTREATMENT
REPORT, SUCH CURRENT PERSONNEL SHALL BE DISCHARGED FROM HIS OR HER POSI-
TION AND SUCH PROSPECTIVE PERSONNEL'S APPLICATION FOR EMPLOYMENT, VOLUN-
TEER  WORK  OR  OTHER  ACTIVITY  WITH  THE  CHILD CARE PROVIDER SHALL BE
DENIED. PERSONNEL DISCHARGED AND PROSPECTIVE  PERSONNEL  WHOSE  APPLICA-
TIONS  HAVE  BEEN DENIED PURSUANT TO THIS SUBPARAGRAPH SHALL BE ENTITLED
TO A HEARING BEFORE THE OFFICE TO CONTEST SUCH DISCHARGE OR DENIAL. SUCH
HEARING MUST BE SCHEDULED TO COMMENCE AS SOON  AS  POSSIBLE  BUT  IN  NO
EVENT  LATER  THAN  THIRTY  DAYS  AFTER THE RECEIPT BY THE OFFICE OF THE
REQUEST FOR A HEARING MADE BY SUCH PERSONNEL OR  PROSPECTIVE  PERSONNEL.
IF  THE  OFFICE DETERMINES AFTER A HEARING THAT SUCH DENIAL OR DISCHARGE
WAS PROPER, SUCH DENIAL OR DISCHARGE SHALL BECOME FINAL.
  (2) AS A CONDITION OF EMPLOYMENT AND CONTINUED EMPLOYMENT,  THE  CHILD
CARE PROVIDER SHALL OBTAIN WRITTEN CONSENT FROM ALL CURRENT AND PROSPEC-
TIVE  CHILD  CARE  SERVICES  PERSONNEL  FOR  FINGERPRINTING AND CRIMINAL
RECORD REVIEW. DENIAL OF SUCH CONSENT SHALL REQUIRE DISMISSAL OR REFUSAL
TO HIRE.
  (3) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL REQUIRE APPROPRI-
ATE DOCUMENTATION FROM THE CHILD  CARE  PROVIDER  INDICATING  COMPLIANCE
WITH  THIS  PARAGRAPH. ANY CHILD CARE PROVIDER, WHO, WITH KNOWLEDGE THAT

S. 2620                             4

ANY CURRENT OR PROSPECTIVE PERSONNEL WOULD BE DISQUALIFIED FROM  EMPLOY-
MENT  PURSUANT  TO  THE PROVISIONS OF THIS PARAGRAPH, WILFULLY OR INTEN-
TIONALLY FAILS TO COMPLY WITH THIS PARAGRAPH SHALL  BE  SUBJECT  TO  THE
IMMEDIATE  REVOCATION  OF  HIS OR HER LICENSE OR REGISTRATION. ANY CHILD
CARE PROVIDER,  WHO,  WITHOUT  KNOWLEDGE  THAT  CURRENT  OR  PROSPECTIVE
PERSONNEL   WOULD  BE  DISQUALIFIED  FROM  EMPLOYMENT  PURSUANT  TO  THE
PROVISIONS OF THIS PARAGRAPH, FAILS TO COMPLY  WITH  THE  PROVISIONS  OF
THIS  PARAGRAPH SHALL BE SUBJECT TO THE IMMEDIATE ONE YEAR SUSPENSION OF
HIS OR HER LICENSE OR REGISTRATION.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that the adoption, amendment, suspension or repeal of any rule or  regu-
lation  necessary  for timely implementation of this act is directed and
authorized to be completed on or before such effective date.

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