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

                                  9031

                          I N  A S S E M B L Y

                             March 10, 2014
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Children and Families

AN ACT to amend the social services law, in relation to the fingerprint-
  ing of prospective employees of child day care centers, and the educa-
  tion law, in relation to sharing fingerprint results

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

  Section  1.  Paragraph  (b)  of  subdivision 2 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:
  (b)  (I) Every child day care center or school age child care provider
shall obtain a set of fingerprints  for  each  prospective  employee  or
volunteer  and  such  other  information as is required by the office of
children and family  services  and  the  division  of  criminal  justice
services,  EXCEPT WHEN THE PROSPECTIVE EMPLOYEE OR VOLUNTEER HAS ALREADY
PROVIDED A SET OF FINGERPRINTS TO THE NEW YORK STATE  EDUCATION  DEPART-
MENT FOR EMPLOYMENT AT A SCHOOL. The child day care center or school age
child  care  program  shall  furnish  to the applicant blank fingerprint
cards and a description of how the completed fingerprint cards  will  be
used.  The  child day care center or school age child care program shall
promptly transmit such fingerprint cards to the office of  children  and
family services.
  (II) EVERY APPLICANT SHALL SIGN A CONSENT FORM AUTHORIZING THE DEPART-
MENT OF EDUCATION'S RELEASE OF THE RESULTS OF ANY PRIOR BACKGROUND CHECK
OF THE APPLICANT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  S  2.  Paragraph  (c)  of subdivision 2 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:
  (c) As part of the provider's application for, or renewal of, a  group
family  day  care home license or family day care home registration, the
provider shall furnish the office of children and family  services  with
fingerprint  cards  of  any  operator of a group family day care home or
family day care home, and any assistant, employee or volunteer, and  any
person age eighteen or over residing on the premises of the group family

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

                                                           LBD13152-03-4

A. 9031                             2

day  care  home  or  family day care home, who previously did not have a
criminal history record check performed in accordance with this section,
together with such other information as is required  by  the  office  of
children  and  family  services  and  the  division  of criminal justice
services. THE PROVIDER DOES NOT NEED TO FURNISH FINGERPRINT  CARDS  WHEN
THE  PROSPECTIVE  EMPLOYEE  OR  VOLUNTEER  HAS ALREADY PROVIDED A SET OF
FINGERPRINTS TO THE NEW YORK STATE EDUCATION DEPARTMENT  FOR  EMPLOYMENT
AT A SCHOOL.
  S  3. Subdivision 6 of section 3035 of the education law is renumbered
subdivision 7 and a new subdivision 6 is added to read as follows:
  6. THE STATE EDUCATION DEPARTMENT SHALL, UPON REQUEST OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES, SHARE THE FINGERPRINT RESULTS OF A SPECIF-
IC APPLICANT WITH SUCH OFFICE.
  S 4. This act shall take effect immediately.