BILL NUMBER:S3531

TITLE OF BILL:

An act
to amend the executive law, in relation to the definition of caregiver
for the purpose of obtaining the criminal history information of such
person

PURPOSE:

This bill would provide individual hiring in-home caregivers,
including caregivers for seniors and persons having an illness or
disability, with the opportunity to obtain the potential caregiver's
criminal history background information (only upon the consent of the
potential caregiver).

SUMMARY OF PROVISIONS:

This bill would amend the definition of "caregiver" in section 837-n
of the Executive Law to include not only in-home caregivers for
children, but also in-home caregivers for seniors and persons having
illness or disability.

JUSTIFICATION:

              

In 1998, Kieran's Law went into effect, allowing parents, who hire
in-home caregivers for their children, to obtain criminal history
background information for any perspective employee (with the
employee's consent). Passage of Kieran's Law was an important step
toward ensuring the safety of our loved ones who are under the
supervision of an in-home caregiver. However, children are not the
only vulnerable population entrusted to the care of in-home
caregivers; many seniors, as well as people who are ill or disabled,
also rely on in-home caregivers and deserve the same protections. The
bill would remedy a glaring deficiency in existing law, by extending
the opportunity to obtain criminal history background information to
individuals hiring in-home caregivers for seniors or persons having
an illness or disability.

LEGISLATIVE HISTORY:
04/07/09  REFERRED TO FINANCE
01/06/10  REFERRED TO FINANCE

FISCAL IMPLICATIONS:
Costs to DCJS to be determined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.