S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11055
 
                           I N  A S S E M B L Y
 
                               June 1, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Jaffee) --
   read once and referred to the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to  the  licensure,
   registration  and  required  inspections,  background  clearances  and
   training for child care providers; and to repeal certain provisions of
   such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 1 of
 section 390 of the social services law, as added by chapter 750  of  the
 laws of 1990, is amended to read as follows:
   (i)  "Child  day care" shall mean CHILD CARE WHERE A LICENSE OR REGIS-
 TRATION PURSUANT TO THIS SECTION IS REQUIRED AND SHALL INCLUDE care  for
 a  child on a regular basis provided away from the child's residence for
 less than twenty-four hours per day  by  someone  other  than:  (1)  the
 parent,  step-parent,  guardian,  or relative within the third degree of
 consanguinity of the parents or step-parents of such child;  OR  (2)  AN
 ENROLLED LEGALLY EXEMPT PROGRAM AS SUCH TERM IS DEFINED IN PARAGRAPH (G)
 OF THIS SUBDIVISION.
   §  2.  Subdivision  1  of  section  390  of the social services law is
 amended by adding a new paragraph (g) to read as follows:
   (G) "ENROLLED LEGALLY EXEMPT PROGRAM" SHALL MEAN A  PERSON  OR  ENTITY
 THAT  IS  NOT  REQUIRED  TO  BE  LICENSED OR REGISTERED PURSUANT TO THIS
 SECTION AND THAT IS ENROLLED TO BE A CAREGIVER  AND  PROVIDE  SUBSIDIZED
 CHILD CARE SERVICES TO ELIGIBLE FAMILIES IN ACCORDANCE WITH TITLE FIVE-C
 OF THIS ARTICLE AND THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES.
   §  3.  Subdivision  2  of  section  390  of the social services law is
 amended by adding a new paragraph (d-1) to read as follows:
   (D-1) (I) THE OFFICE OF CHILDREN AND FAMILY SERVICES  IN  CONSULTATION
 WITH  CHILD  CARE  RESOURCE AND REFERRAL AGENCIES SHALL PROMULGATE REGU-
 LATIONS FOR ENROLLMENT OF AN  ENROLLED  LEGALLY  EXEMPT  PROGRAM,  WHICH
 SHALL  INCLUDE  THE COMPLETION OF A SATISFACTORY INSPECTION OF THE PREM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16101-03-8

 A. 11055                            2
 
 ISES WHERE CARE IS TO BE PROVIDED, BY THE OFFICE OF CHILDREN AND  FAMILY
 SERVICES PRIOR TO ENROLLMENT.
   (II)  PROVIDED HOWEVER, SUCH INSPECTION SHALL NOT BE REQUIRED WHEN THE
 ENROLLED LEGALLY EXEMPT PROGRAM IS AN INDIVIDUAL, AGE EIGHTEEN OR OLDER,
 AND WHO, BY VIRTUE OF BLOOD, MARRIAGE OR COURT DECREE, IS, TO ALL OF THE
 CHILDREN THAT SUCH PERSON IS ENROLLED TO PROVIDE SUBSIDIZED  CHILD  CARE
 SERVICES TO IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE:
   (A) A GRANDPARENT;
   (B) A GREAT-GRANDPARENT;
   (C) A SIBLING, PROVIDED THAT SUCH SIBLING RESIDES IN A SEPARATE HOUSE-
 HOLD FROM THE CHILD;
   (D) AN AUNT; OR
   (E) AN UNCLE.
   §  4.  Paragraphs  (a)  and (b) of subdivision 3 of section 390 of the
 social services law, paragraph (a) as amended by chapter 416 of the laws
 of 2000, and paragraph (b) as amended by chapter  117  of  the  laws  of
 2010, are amended to read as follows:
   (a)  (I) The office of children and family services may make announced
 or unannounced inspections of the records and premises of any:
   (1) child day care provider,  whether  or  not  such  provider  has  a
 license  from,  or is registered with, the office of children and family
 services; AND
   (2) ANY EXISTING ENROLLED LEGALLY EXEMPT  PROGRAM,  EXCEPT  WHEN  SUCH
 PROGRAM  IS DETERMINED TO BE EXEMPT IN ACCORDANCE WITH SUBPARAGRAPH (II)
 OF PARAGRAPH (D-1) OF SUBDIVISION TWO OF THIS SECTION.
   (II) The office of children and family services shall make unannounced
 inspections of the records and premises of any child day  care  provider
 within  fifteen  days  after  the office of children and family services
 receives a complaint that, if true, would indicate  such  provider  does
 not comply with the APPLICABLE regulations of the office of children and
 family  services  or with statutory requirements. If the complaint indi-
 cates that there may be imminent danger to the children, the  office  of
 children  and  family  services shall investigate the complaint no later
 than the next day of operation of the provider. The office  of  children
 and  family services may provide for inspections through the purchase of
 services.
   (b) (I) Where inspections have been made and violations of  applicable
 statutes  or  regulations  have  been  found, the office of children and
 family services shall within ten days advise the child day care provider
 in writing of the violations and require the provider  to  correct  such
 violations.  The  office  of  children  and family services may also act
 pursuant to subdivisions ten and eleven of this section.
   (II) WHERE INSPECTIONS HAVE BEEN MADE  AND  VIOLATIONS  OF  APPLICABLE
 STATUSES  OR  REGULATIONS  HAVE  BEEN  FOUND, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES OR ITS DESIGNEES SHALL,  WITHIN  TEN  DAYS,  ADVISE  THE
 ENROLLED LEGALLY EXEMPT PROGRAM IN WRITING OF THE VIOLATIONS AND REQUIRE
 THE PROGRAM TO CORRECT SUCH VIOLATIONS.
   §  5.  Paragraph  (a)  of  subdivision  4 of section 390 of the social
 services law, as amended by chapter 416 of the laws of 2000, is  amended
 to read as follows:
   (a)  The  office  of  children  and family services on an annual basis
 shall inspect [at least twenty percent of all registered family day care
 homes, registered child day care centers and registered school age child
 care programs to determine whether such homes, centers and programs  are
 operating  in  compliance  with applicable statutes and regulations. The
 office of children and family services shall increase the percentage  of

 A. 11055                            3

 family  day care homes, child day care centers and school age child care
 programs which are inspected pursuant to this subdivision as follows: to
 at least thirty percent by the thirty-first of  December  two  thousand;
 and  to at least fifty percent by the thirty-first of December two thou-
 sand one] ALL CHILD DAY CARE PROGRAMS AND ALL  ENROLLED  LEGALLY  EXEMPT
 PROGRAMS  EXCEPT WHEN SUCH PROGRAM IS DETERMINED TO BE EXEMPT IN ACCORD-
 ANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (D-1)  OF  SUBDIVISION  TWO  OF
 THIS SECTION. The office of children and family services may provide for
 such  inspections through purchase of services. [Priority shall be given
 to family day care homes which have never  been  licensed  or  certified
 prior to initial registration.]
   §  6.  Paragraph  (a)  of  subdivision  2 of section 390 of the social
 services law, as amended by chapter 117 of the laws of 2010, is  amended
 to read as follows:
   (a) Child day care centers caring for seven or more children and group
 family day care programs, as defined in subdivision one of this section,
 shall  obtain  a license from the office of children and family services
 and shall operate in accordance with the terms of such license  and  the
 regulations of such office. Initial licenses [shall be valid for a peri-
 od  of  up  to  two years;] AND subsequent licenses shall be valid for a
 period of up to four years so long as the provider remains substantially
 in compliance with applicable law and regulations during such period.
   § 7. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2
 of section 390 of the social services law, as amended by chapter 117  of
 the laws of 2010, is amended to read as follows:
   (A)  Initial  registrations  [shall be valid for a period of up to two
 years,] AND subsequent registrations shall be valid for a period  of  up
 to  four  years so long as the provider remains substantially in compli-
 ance with applicable law and regulations during such period.
   § 8. Subdivision 3 of section 390-a of  the  social  services  law  is
 REPEALED and a new subdivision 3 is added to read as follows:
   3.  (A)  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE
 REGULATIONS SETTING  FORTH  THE  TRAINING  REQUIREMENTS,  INCLUDING  ANY
 FEDERALLY  REQUIRED  TRAINING, FOR OPERATORS, PROGRAM DIRECTORS, EMPLOY-
 EES, ASSISTANTS AND ANY VOLUNTEER WHO HAS THE POTENTIAL FOR REGULAR  AND
 SUBSTANTIAL CONTACT WITH CHILDREN AND/OR UNSUPERVISED CONTACT WITH CHIL-
 DREN  IN  CARE,  BUT ONLY WHEN SUCH UNSUPERVISED CONTACT INVOLVES CARING
 FOR THE CHILD IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY AS A VOLUNTEER,
 IN FAMILY DAY CARE HOMES, GROUP FAMILY DAY CARE HOMES, SCHOOL-AGE  CHILD
 CARE PROGRAMS AND CHILD DAY CARE CENTERS.
   (B)  SUCH  INDIVIDUALS  SHALL BE REQUIRED TO ENGAGE IN THIRTY HOURS OF
 TRAINING BIENNIALLY. PROVIDED HOWEVER, ANY INDIVIDUAL OR PROVIDER WHO IS
 ALREADY IN COMPLIANCE WITH THIS SUBDIVISION, PRIOR TO  ITS  MOST  RECENT
 EFFECTIVE DATE, SHALL ONLY BE REQUIRED TO COMPLETE ANY ADDITIONAL FEDER-
 AL TRAINING REQUIREMENTS WHICH THEY HAVE NOT ALREADY COMPLETED, IN ORDER
 TO BE DEEMED IN COMPLIANCE WITH THIS SUBDIVISION.
   (C) SUCH TRAINING AND PROFESSIONAL DEVELOPMENT REQUIRED BY THIS SUBDI-
 VISION SHALL REFLECT CURRENT RESEARCH AND BEST PRACTICES RELATING TO THE
 SKILLS  NECESSARY FOR THE CHILD CARE WORKFORCE TO MEET THE DEVELOPMENTAL
 NEEDS OF PARTICIPATING CHILDREN AND IMPROVE THE QUALITY OF AND STABILITY
 WITHIN THE CHILD CARE WORKFORCE. SUCH TRAINING SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE FOLLOWING TOPICS:
   (I) PRINCIPLES OF CHILDHOOD DEVELOPMENT, FOCUSING ON THE DEVELOPMENTAL
 STAGES OF THE AGE GROUPS FOR WHICH THE PROGRAM PROVIDES CARE;
   (II) NUTRITION AND HEALTH NEEDS OF INFANTS AND CHILDREN;
   (III) CHILD DAY CARE PROGRAM DEVELOPMENT;

 A. 11055                            4
 
   (IV) SAFETY AND SECURITY PROCEDURES;
   (V) BUSINESS RECORD MAINTENANCE AND MANAGEMENT;
   (VI) CHILD ABUSE AND MALTREATMENT IDENTIFICATION AND PREVENTION;
   (VII) STATUTES AND REGULATIONS PERTAINING TO CHILD DAY CARE;
   (VIII)   STATUTES  AND  REGULATIONS  PERTAINING  TO  CHILD  ABUSE  AND
 MALTREATMENT;
   (IX) FOR OPERATORS, PROGRAM DIRECTORS,  EMPLOYEES  AND  ASSISTANTS  OF
 FAMILY  DAY  CARE  HOMES, GROUP FAMILY DAY CARE HOMES AND CHILD DAY CARE
 CENTERS, EDUCATION AND INFORMATION ON THE IDENTIFICATION, DIAGNOSIS  AND
 PREVENTION OF SHAKEN BABY SYNDROME; AND
   (X) ANY OTHER TOPICS NECESSARY TO MEET FEDERAL TRAINING REQUIREMENTS.
   (D) TO THE EXTENT PRACTICABLE, THE TRAINING SHALL BE APPROPRIATE FOR A
 POPULATION OF CHILDREN THAT INCLUDES DIFFERENT AGE GROUPS, ENGLISH LEAR-
 NERS,  CHILDREN WITH DISABILITIES, AND NATIVE AMERICANS, INCLUDING INDI-
 ANS, AS THE TERM IS DEFINED IN SECTION 4 OF 25 U.S.C. 450B,  THE  INDIAN
 SELF-DETERMINATION  AND  EDUCATION ASSISTANCE ACT, AND NATIVE HAWAIIANS,
 AS DEFINED IN SECTION 7207 OF 20 U.S.C. 7517, THE ELEMENTARY AND SECOND-
 ARY EDUCATION ACT OF 1965.
   (E) EACH PROVIDER WHO CAN DEMONSTRATE BASIC COMPETENCY SHALL DETERMINE
 IN WHICH OF THE SPECIFIED TOPICS HE OR SHE NEEDS FURTHER STUDY, BASED ON
 THE PROVIDER'S EXPERIENCE AND THE NEEDS OF THE CHILDREN IN  THE  PROVID-
 ER'S CARE.
   (F) THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY PROVIDE THIS TRAIN-
 ING THROUGH THE PURCHASE OF SERVICES.
   (G)  UPON  REQUEST  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE
 CHILD DAY CARE APPLICANT OR PROVIDER SHALL SUBMIT  DOCUMENTATION  DEMON-
 STRATING COMPLIANCE WITH THE TRAINING REQUIREMENTS OF THIS SECTION.
   §  9. The section heading 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:
   Criminal  history  review  AND  BACKGROUND  CLEARANCES  of  child care
 providers, generally.
   § 10. Subdivisions 1, 2 and 3 of section 390-b of the social  services
 law  are  REPEALED  and  three new subdivisions 1, 2  and 3 are added to
 read as follows:
   1.  SUBJECT TO IMPLEMENTING RULES AND REGULATIONS  OF  THE  OFFICE  OF
 CHILDREN  AND  FAMILY  SERVICES  AND,  WHERE APPLICABLE, THE DIVISION OF
 CRIMINAL JUSTICE SERVICES, THE FOLLOWING BACKGROUND CLEARANCES SHALL  BE
 CONDUCTED  WITHIN  FORTY-FIVE DAYS OF THE REQUEST FOR ENTITIES SPECIFIED
 IN SUBDIVISION TWO OF THIS SECTION IN THE MANNER  AS  REQUIRED  BY  THIS
 SECTION:
   (A)  A  CRIMINAL  HISTORY  RECORD  CHECK WITH THE DIVISION OF CRIMINAL
 JUSTICE SERVICES;
   (B) A SEARCH OF THE CRIMINAL HISTORY REPOSITORY IN  EACH  STATE  OTHER
 THAN  NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING
 FIVE YEARS, IF APPLICABLE;
   (C) A NATIONAL CRIMINAL RECORD CHECK WITH THE FEDERAL BUREAU OF INVES-
 TIGATION; THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  IS  DIRECTED  TO
 SUBMIT  FINGERPRINTS  TO  THE  FEDERAL  BUREAU  OF INVESTIGATION FOR THE
 PURPOSE OF A NATIONWIDE CRIMINAL HISTORY RECORD CHECK, PURSUANT  TO  AND
 CONSISTENT  WITH  PUBLIC  LAW  113-186 TO DETERMINE WHETHER SUCH PERSONS
 SHALL HAVE A CRIMINAL HISTORY IN ANY STATE OR FEDERAL JURISDICTION;  THE
 CRIMINAL  RECORD CHECK OBTAINED PURSUANT TO THIS PARAGRAPH SHALL SATISFY
 THE REQUIREMENT IN PARAGRAPH (B) OF THIS  SUBDIVISION  SO  LONG  AS  THE
 STATE  PARTICIPATES  IN  THE  NATIONAL  FINGERPRINT  FILE PROGRAM OF THE
 FEDERAL BUREAU OF INVESTIGATION;

 A. 11055                            5
 
   (D) A SEARCH OF THE NEW YORK STATE SEX OFFENDER REGISTRY;
   (E)  A SEARCH OF ANY STATE SEX OFFENDER REGISTRY OR REPOSITORY IN EACH
 STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES  OR  RESIDED  DURING
 THE PRECEDING FIVE YEARS, IF APPLICABLE;
   (F)  A SEARCH OF THE NATIONAL SEX OFFENDER REGISTRY USING THE NATIONAL
 CRIME AND INFORMATION CENTER, ESTABLISHED UNDER  THE  ADAM  WALSH  CHILD
 PROTECTION AND SAFETY ACT OF 2006 (42 U.S.C. 16901 ET SEQ.);
   (G)  A DATABASE CHECK OF THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE
 AND MALTREATMENT IN ACCORDANCE WITH SECTION FOUR  HUNDRED  TWENTY-FOUR-A
 OF THIS ARTICLE; AND
   (H) A SEARCH OF A STATE-BASED CHILD ABUSE OR NEGLECT REPOSITORY OF ANY
 STATE  OTHER  THAN  NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING
 THE PRECEDING FIVE YEARS; IF APPLICABLE.
   2. (A) IN RELATION TO ANY CHILD DAY CARE PROGRAM OR  ENROLLED  LEGALLY
 EXEMPT  PROGRAM,  AS  DEFINED  IN  SECTION  THREE HUNDRED NINETY OF THIS
 TITLE, THE FOLLOWING INDIVIDUALS SHALL BE REQUIRED TO RECEIVE BACKGROUND
 CLEARANCES AS REQUIRED IN SUBDIVISION ONE OF THIS SECTION:
   (I) ANY APPLICANT TO BE AN OPERATOR OR DIRECTOR OF A  CHILD  DAY  CARE
 PROGRAM;
   (II) ANY CURRENT OPERATOR OR DIRECTOR OF A CHILD DAY CARE PROGRAM;
   (III) ANY APPLICANT TO ENROLL TO BE A CAREGIVER FOR AN ENROLLED LEGAL-
 LY EXEMPT PROGRAM, UNLESS SUCH INDIVIDUAL IS RELATED TO ALL CHILDREN FOR
 WHOM CHILD CARE SERVICES ARE PROVIDED;
   (IV)  ANY  CURRENT  CAREGIVER  FOR AN ENROLLED LEGALLY EXEMPT PROGRAM,
 UNLESS SUCH INDIVIDUAL IS RELATED TO ALL CHILDREN FOR  WHOM  CHILD  CARE
 SERVICES ARE PROVIDED;
   (V) ANY APPLICANT TO BE AN EMPLOYEE, ASSISTANT OR VOLUNTEER, WHEN SUCH
 VOLUNTEER  HAS THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN A
 CHILD DAY CARE PROGRAM;
   (VI) ANY CURRENT EMPLOYEE, ASSISTANT OR VOLUNTEER, WHEN SUCH VOLUNTEER
 HAS THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN A CHILD  DAY
 CARE PROGRAM;
   (VII)  ANY  APPLICANT  TO BE AN EMPLOYEE, ASSISTANT OR VOLUNTEER, WHEN
 SUCH VOLUNTEER HAS THE POTENTIAL FOR UNSUPERVISED CONTACT WITH  CHILDREN
 IN AN ENROLLED LEGALLY EXEMPT PROGRAM, UNLESS SUCH INDIVIDUAL IS RELATED
 TO ALL CHILDREN FOR WHOM CHILD CARE SERVICES ARE PROVIDED;
   (VIII) ANY CURRENT EMPLOYEE, ASSISTANT, OR VOLUNTEER, WHEN SUCH VOLUN-
 TEER  HAS  THE  POTENTIAL  FOR  UNSUPERVISED CONTACT WITH CHILDREN IN AN
 ENROLLED LEGALLY EXEMPT PROGRAM, UNLESS SUCH INDIVIDUAL  IS  RELATED  TO
 ALL CHILDREN FOR WHOM CHILD CARE SERVICES ARE PROVIDED; AND
   (IX)  WHERE  THE CHILD CARE SERVICES WILL BE OR ARE PROVIDED IN A HOME
 SETTING WHERE THE CHILD DOES NOT RESIDE, ANY INDIVIDUAL, AGE EIGHTEEN OR
 OLDER WHO IS NOT RELATED TO ALL CHILDREN FOR WHOM  CHILD  CARE  SERVICES
 ARE OR WILL BE PROVIDED, RESIDES OR BEGINS TO RESIDE.
   (B)  PROVIDED  HOWEVER, THE BACKGROUND CLEARANCES REQUIRED PURSUANT TO
 PARAGRAPHS (A), (C), (D) AND (G) OF  SUBDIVISION  ONE  OF  THIS  SECTION
 SHALL BE PRIORITIZED FOR BACKGROUND CLEARANCES REQUIRED IN SUBPARAGRAPHS
 (I), (III), (V), (VII) AND (IX) OF PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION, PRIOR TO OCTO-
 BER FIRST, TWO THOUSAND TWENTY,  ALL  BACKGROUND  CLEARANCES  LISTED  IN
 SUBDIVISION  ONE OF THIS SECTION THAT HAVE NOT PREVIOUSLY BEEN CONDUCTED
 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION  AND  FOR  WHICH  ON-GOING
 CRIMINAL HISTORY RESULTS ARE NOT ALREADY PROVIDED, SHALL BE CONDUCTED IN
 ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMI-
 LY  SERVICES,  FOR BACKGROUND CLEARANCES REQUIRED IN SUBPARAGRAPHS (II),
 (IV), (VI), (VIII) AND (IX) OF PARAGRAPH (A) OF THIS SUBDIVISION OR  ANY

 A. 11055                            6
 
 OTHER  APPLICABLE  BACKGROUND  CLEARANCE  REQUIRED  TO  BE  COMPLETED IN
 ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION.
   (D)  THE BACKGROUND CLEARANCES REQUIRED PURSUANT TO THIS SECTION OTHER
 THAN THOSE FOR WHICH ON-GOING CRIMINAL  HISTORY  RESULTS  ARE  PROVIDED,
 SHALL  BE  CONDUCTED  FOR  A  PERSON LISTED IN SUBPARAGRAPHS (II), (IV),
 (VI), (VIII) AND (IX) OF PARAGRAPH (A) OF THIS SUBDIVISION AT LEAST ONCE
 EVERY FIVE YEARS IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY  THE  OFFICE
 OF CHILDREN AND FAMILY SERVICES.
   3. (A) IN RELATION TO THE BACKGROUND CLEARANCES REQUIRED PURSUANT THIS
 SECTION,  AN INDIVIDUAL REQUIRED TO RECEIVE BACKGROUND CLEARANCES PURSU-
 ANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION SHALL BE  DEEMED
 INELIGIBLE  TO PROVIDE CHILD CARE SERVICES IN ANY CHILD DAY CARE PROGRAM
 OR ENROLLED LEGALLY EXEMPT PROGRAM, AS DEFINED IN SECTION THREE  HUNDRED
 NINETY OF THIS TITLE, IF SUCH INDIVIDUAL:
   (I) REFUSES TO CONSENT TO SUCH CLEARANCE;
   (II)  KNOWINGLY  MAKES A MATERIALLY FALSE STATEMENT IN CONNECTION WITH
 SUCH A CLEARANCE;
   (III) IS REGISTERED, OR IS REQUIRED TO BE REGISTERED, ON A  STATE  SEX
 OFFENDER  REGISTRY  OR  REPOSITORY OR THE NATIONAL SEX OFFENDER REGISTRY
 ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006
 (42 U.S.C. 16901 ET SEQ.); OR
   (IV) HAS BEEN CONVICTED OF A CRIME ENUMERATED IN SUBPARAGRAPH  (E)  OR
 CLAUSES  (I)  THROUGH  (VIII)  OF  SUBPARAGRAPH  (D) OF PARAGRAPH (1) OF
 SUBDIVISION (C) OF 42 U.S.C. 9858F.
   (B) EXCEPT AS SET FORTH IN PARAGRAPH (C) OF  THIS  SUBDIVISION,  AFTER
 REVIEWING  ANY  NEW  YORK  CRIMINAL RECORD CHECK OF AN INDIVIDUAL WHO IS
 REQUIRED TO RECEIVE SUCH BACKGROUND CLEARANCE  PURSUANT  TO  SUBDIVISION
 TWO  OF THIS SECTION, THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE
 PROGRAM SHALL TAKE THE FOLLOWING ACTIONS:
   (I) WHERE THE CRIMINAL RECORD  CHECK  OF  AN  INDIVIDUAL  REQUIRED  TO
 RECEIVE  BACKGROUND  CLEARANCES PURSUANT TO SUBPARAGRAPHS (I), (III) AND
 (IX) OF PARAGRAPH (A) OF SUBDIVISION TWO  OF  THIS  SECTION,  REVEALS  A
 CONVICTION  FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF
 PARAGRAPH (A) OF THIS SUBDIVISION, THE OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  MAY  DENY THE APPLICATION, ONLY AFTER PROVIDING A COPY OF SUCH
 CRIMINAL HISTORY INFORMATION AND A COPY OF ARTICLE TWENTY-THREE-A OF THE
 CORRECTION LAW TO THE INDIVIDUAL AND INFORMING SUCH INDIVIDUAL OF HIS OR
 HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION  CONTAINED  IN
 SUCH  CRIMINAL  HISTORY INFORMATION PROVIDED BY THE DIVISION OF CRIMINAL
 JUSTICE SERVICES PURSUANT TO THE REGULATIONS AND THE RIGHT OF SUCH INDI-
 VIDUAL TO PROVIDE INFORMATION RELEVANT TO SUCH ANALYSIS TO THE OFFICE OF
 CHILDREN AND FAMILY SERVICES, CONSISTENT WITH ARTICLE TWENTY-THREE-A  OF
 THE CORRECTION LAW;
   (II)  WHERE  THE  CRIMINAL  RECORD  CHECK OF AN INDIVIDUAL REQUIRED TO
 RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (I),  (III)  AND
 (IX)  OF  PARAGRAPH  (A)  OF  SUBDIVISION TWO OF THIS SECTION, REVEALS A
 PENDING CHARGE FOR ANY CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES
 SHALL HOLD THE APPLICATION IN ABEYANCE UNTIL THE CHARGE IS ADJUDICATED;
   (III) WHERE THE CRIMINAL RECORD CHECK OF  AN  INDIVIDUAL  REQUIRED  TO
 RECEIVE  BACKGROUND  CLEARANCES PURSUANT TO SUBPARAGRAPHS (II), (IV) AND
 (IX) OF PARAGRAPH (A) OF SUBDIVISION TWO  OF  THIS  SECTION,  REVEALS  A
 CONVICTION  FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) 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 DENY, LIMIT, SUSPEND, REVOKE, REJECT OR

 A. 11055                            7

 TERMINATE A LICENSE OR REGISTRATION OR TERMINATE SUCH PROGRAM'S  ENROLL-
 MENT,  AS  APPLICABLE BASED ON SUCH A CONVICTION, ONLY AFTER PROVIDING A
 COPY OF SUCH CRIMINAL HISTORY INFORMATION AND A COPY OF ARTICLE  TWENTY-
 THREE-A OF THE CORRECTION LAW TO THE INDIVIDUAL AND INFORMING SUCH INDI-
 VIDUAL  OF HIS OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMA-
 TION CONTAINED IN SUCH CRIMINAL  HISTORY  INFORMATION  PROVIDED  BY  THE
 DIVISION  OF  CRIMINAL  JUSTICE SERVICES PURSUANT TO THE REGULATIONS AND
 THE RIGHT OF SUCH INDIVIDUAL TO PROVIDE  INFORMATION  RELEVANT  TO  SUCH
 ANALYSIS  TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, CONSISTENT WITH
 ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW;
   (IV) WHERE THE CRIMINAL RECORD CHECK  OF  AN  INDIVIDUAL  REQUIRED  TO
 RECEIVE  BACKGROUND  CLEARANCES PURSUANT TO SUBPARAGRAPHS (II), (IV) AND
 (IX) OF PARAGRAPH (A) OF SUBDIVISION TWO  OF  THIS  SECTION,  REVEALS  A
 PENDING CHARGE FOR ANY CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES
 SHALL  CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRI-
 ATE STEPS TO PROTECT THE HEALTH  AND  SAFETY  OF  THE  CHILDREN  IN  THE
 PROGRAM.  THE OFFICE MAY SUSPEND A LICENSE, REGISTRATION, OR ENROLLMENT,
 AS APPLICABLE BASED ON SUCH PENDING CHARGE WHERE  NECESSARY  TO  PROTECT
 THE  HEALTH  AND  SAFETY  OF THE CHILDREN IN THE PROGRAM CONSISTENT WITH
 ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW;
   (V) WHERE THE CRIMINAL RECORD  CHECK  OF  AN  INDIVIDUAL  REQUIRED  TO
 RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (V) AND (VII) OF
 PARAGRAPH  (A)  OF SUBDIVISION TWO OF THIS SECTION, REVEALS A CONVICTION
 FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV)  OF  PARAGRAPH
 (A) OF THIS SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY,
 DIRECT  THE PROGRAM TO DENY THE APPLICATION, ONLY AFTER PROVIDING A COPY
 OF  SUCH  CRIMINAL  HISTORY  INFORMATION   AND   A   COPY   OF   ARTICLE
 TWENTY-THREE-A  OF  THE  CORRECTION  LAW TO THE INDIVIDUAL AND INFORMING
 SUCH INDIVIDUAL OF HIS OR HER RIGHT TO SEEK CORRECTION OF ANY  INCORRECT
 INFORMATION  CONTAINED  IN SUCH CRIMINAL HISTORY INFORMATION PROVIDED BY
 THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT  TO  THE  REGULATIONS
 AND THE RIGHT OF SUCH INDIVIDUAL TO PROVIDE INFORMATION RELEVANT TO SUCH
 ANALYSIS  TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, CONSISTENT WITH
 ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW;
   (VI) WHERE THE CRIMINAL RECORD CHECK  OF  AN  INDIVIDUAL  REQUIRED  TO
 RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (V) AND (VII) OF
 PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF THIS SECTION, REVEALS A PENDING
 CHARGE FOR ANY CRIME, THE OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL
 HOLD THE APPLICATION IN ABEYANCE UNTIL THE CHARGE IS ADJUDICATED;
   (VII)  WHERE  THE  CRIMINAL  RECORD CHECK OF AN INDIVIDUAL REQUIRED TO
 RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (VI) AND  (VIII)
 OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION REVEALS A CONVICTION
 FOR  A  CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH
 (A) OF THIS SUBDIVISION, THE OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
 SHALL  CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRI-
 ATE STEPS TO PROTECT THE HEALTH  AND  SAFETY  OF  THE  CHILDREN  IN  THE
 PROGRAM.    THE OFFICE MAY DIRECT THE PROGRAM TO TERMINATE THE EMPLOYEE,
 ASSISTANT OR VOLUNTEER BASED ON SUCH A CONVICTION, ONLY AFTER  PROVIDING
 A  COPY OF SUCH CRIMINAL HISTORY INFORMATION AND A COPY OF ARTICLE TWEN-
 TY-THREE-A OF THE CORRECTION LAW TO THE INDIVIDUAL  AND  INFORMING  SUCH
 INDIVIDUAL  OF  HIS  OR  HER  RIGHT  TO SEEK CORRECTION OF ANY INCORRECT
 INFORMATION CONTAINED IN SUCH CRIMINAL HISTORY INFORMATION  PROVIDED  BY
 THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES PURSUANT TO THE REGULATIONS
 AND THE RIGHT OF SUCH INDIVIDUAL TO PROVIDE INFORMATION RELEVANT TO SUCH
 ANALYSIS TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, CONSISTENT  WITH

 A. 11055                            8
 
 ARTICLE  TWENTY-THREE-A OF THE CORRECTION LAW AND IN ACCORDANCE WITH ANY
 APPLICABLE COLLECTIVE BARGAINING AGREEMENT;
   (VIII)  WHERE  THE  CRIMINAL RECORD CHECK OF AN INDIVIDUAL REQUIRED TO
 RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (VI) AND  (VIII)
 OF  PARAGRAPH  (A)  OF SUBDIVISION TWO OF THIS SECTION REVEALS A PENDING
 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;
 OR
   (IX)  ADVISE  THE  PROGRAM THAT THE INDIVIDUAL HAS NO CRIMINAL HISTORY
 RECORD.
   (C)(I) THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  NOT  RELEASE
 THE  REPORT  OF  THE  NATIONAL  CRIMINAL  RECORD CHECK RECEIVED FROM THE
 FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS  SUBDIVISION  TO
 ANY NON-PUBLIC ENTITY OR ENTITY NOT OTHERWISE AUTHORIZED.
   (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AFTER
 REVIEWING  ANY  NATIONAL  CRIMINAL  RECORD CHECK OF AN INDIVIDUAL WHO IS
 REQUIRED TO RECEIVE SUCH BACKGROUND CLEARANCE PURSUANT TO PARAGRAPH  (A)
 OF  SUBDIVISION  TWO  OF THIS SECTION, THE OFFICE OF CHILDREN AND FAMILY
 SERVICES SHALL PROCEED AS FOLLOWS:  (A) REVIEW AND EVALUATE THE  RESULTS
 OF THE NATIONAL CRIMINAL RECORD CHECK OF A CURRENT OR PROSPECTIVE OPERA-
 TOR, DIRECTOR, CAREGIVER, EMPLOYEE, ASSISTANT, VOLUNTEER WITH THE POTEN-
 TIAL  FOR UNSUPERVISED CONTACT WITH THE CHILD RECEIVING SERVICES AS WELL
 AS ANY OTHER PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO  RESIDES  IN  THE
 HOME WHERE CARE IS PROVIDED OR TO BE PROVIDED, OTHER THAN IN THE CHILD'S
 HOME,  IN  ACCORDANCE WITH THE STANDARDS SET FORTH IN PARAGRAPHS (A) AND
 (B) OF THIS SUBDIVISION RELATING TO CONVICTIONS THAT MAKE AN  INDIVIDUAL
 INELIGIBLE,  DISCRETIONARILY  INELIGIBLE, OR A DIRECTION THAT SUCH INDI-
 VIDUAL'S BACKGROUND CLEARANCE REQUEST BE HELD  IN  ABEYANCE  DURING  THE
 PENDENCY  OF  CERTAIN  CRIMINAL CHARGES; AND (B) BASED ON THE RESULTS OF
 THE NATIONAL CRIMINAL RECORD CHECK, WHERE APPLICABLE, INFORM SUCH  CHILD
 DAY CARE PROGRAM OR ENROLLED LEGALLY EXEMPT PROGRAM THAT THE APPLICATION
 OR  EMPLOYMENT  (1)  MUST  BE  DENIED OR TERMINATED; (2) MUST BE HELD IN
 ABEYANCE PENDING SUBSEQUENT NOTIFICATION PURSUANT TO SUBDIVISION SIX  OF
 THIS  SECTION,  FROM  THE OFFICE OF CHILDREN AND FAMILY SERVICES; OR (3)
 THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES HAS NO OBJECTION, SOLELY
 BASED ON THE NATIONAL CRIMINAL RECORD CHECK,  FOR  THE  CHILD  DAY  CARE
 PROGRAM  OR  ENROLLED  LEGALLY EXEMPT PROGRAM TO PROCEED WITH A DETERMI-
 NATION ON SUCH APPLICATION OR CURRENT EMPLOYMENT BASED ON ANY  CURRENTLY
 REQUIRED STANDARDS.
   (III)  WHERE  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES DIRECTS THE
 CHILD DAY CARE PROGRAM OR ENROLLED LEGALLY EXEMPT PROGRAM  TO  DENY  THE
 APPLICATION  OR  TERMINATE EMPLOYMENT IN ACCORDANCE WITH THIS PARAGRAPH,
 THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY AS THE CASE
 MAY BE, SUCH CURRENT OR PROSPECTIVE EMPLOYEE, ASSISTANT, VOLUNTEER  WITH
 THE  POTENTIAL  FOR  UNSUPERVISED  CONTACT WITH CHILDREN OR OTHER PERSON
 EIGHTEEN YEARS OF AGE OR OLDER, WHO RESIDES IN THE HOME  WHERE  CARE  IS
 PROVIDED,  OTHER  THAN  THE CHILD'S HOME, THAT THE CRIMINAL RECORD CHECK
 WAS THE BASIS FOR THE DENIAL OF CLEARANCE AND SHALL PROVIDE  SUCH  INDI-
 VIDUAL  WITH A COPY OF THE RESULTS OF THE NATIONAL CRIMINAL RECORD CHECK
 UPON WHICH SUCH DENIAL WAS  BASED  TOGETHER  WITH  A  WRITTEN  STATEMENT
 SETTING  FORTH THE REASONS FOR SUCH DENIAL, AS WELL AS A COPY OF ARTICLE
 TWENTY-THREE-A OF THE CORRECTION LAW AND INFORM SUCH INDIVIDUAL  OF  HIS
 OR  HER  RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED
 IN SUCH NATIONAL RECORD CHECK PROVIDED BY THE FEDERAL BUREAU OF INVESTI-

 A. 11055                            9
 
 GATION PURSUANT TO THE REGULATIONS AND THE RIGHT OF SUCH  INDIVIDUAL  TO
 PROVIDE INFORMATION RELEVANT TO SUCH ANALYSIS.
   §  11.  Subdivisions  6  and 7 of section 390-b of the social services
 law, as added by chapter 416 of the laws of 2000, are amended to read as
 follows:
   6. The notification by the office of children and family  services  to
 the child day care [provider] PROGRAM OR ENROLLED LEGALLY EXEMPT PROGRAM
 pursuant to this section shall include a summary of the INDIVIDUAL'S NEW
 YORK criminal history record, if any, provided by the division of crimi-
 nal  justice  services.  WHEN PROVIDING NOTIFICATION TO A CHILD DAY CARE
 PROGRAM OR ENROLLED LEGALLY EXEMPT PROGRAM WHO ARE NON-PUBLIC  AGENCIES,
 OR  OTHERWISE UNAUTHORIZED TO RECEIVE SUCH NOTIFICATION, WITH RESPECT TO
 THE RESULTS OF A NATIONAL CRIMINAL RECORD CHECK PERFORMED BY THE FEDERAL
 BUREAU OF INVESTIGATION, THE OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
 SHALL  ADVISE THE PROGRAM, WHERE APPROPRIATE, OF THE CATEGORY OR CATEGO-
 RIES OF CRIME OR CRIMES FOR WHICH THE INDIVIDUAL HAS A  CONVICTION,  AND
 SHALL  NOT PROVIDE THE SPECIFIC CRIME OR CRIMES OF CONVICTION ABSENT THE
 EXPRESS WRITTEN CONSENT OF THE PERSON FOR  WHOM  THE  NATIONAL  CRIMINAL
 RECORD CHECK WAS PERFORMED.
   7.  Where  the  office of children and family services directs a child
 day care [provider] PROGRAM OR ENROLLED LEGALLY EXEMPT PROGRAM  to  deny
 an  application  based  on  the  criminal history record, the [provider]
 PROGRAM must notify the applicant IN WRITING that  such  record  is  the
 basis of the denial.
   §  12.  Subdivision  10  of section 390 of the social services law, as
 amended by chapter 416 of the laws  of  2000,  is  amended  to  read  as
 follows:
   10.  (A)  Any home or facility providing child day care shall be oper-
 ated  in  accordance  with  applicable  statutes  and  regulations.  Any
 violation  of  applicable  statutes  or  regulations shall be a basis to
 deny, limit, suspend, revoke, or terminate a  license  or  registration.
 Consistent   with   articles  twenty-three  and  twenty-three-A  of  the
 correction law, and guidelines referenced in subdivision two of  section
 four  hundred twenty-five of this article, if the office of children and
 family services is made aware of the existence of a criminal  conviction
 or  pending  criminal charge concerning an operator of a family day care
 home, group family day care home,  school-age  child  care  program,  or
 child day care center or concerning any assistant, employee or volunteer
 in  such homes, programs or centers, or any persons age eighteen or over
 who reside in such homes, such conviction or charge may be  a  basis  to
 deny,  limit,  suspend, revoke, reject, or terminate a license or regis-
 tration IN ACCORDANCE WITH SUBDIVISION THREE OF  SECTION  THREE  HUNDRED
 NINETY-B  OF  THIS  TITLE.  Before  any  license  issued pursuant to the
 provisions of this section is suspended or revoked, before  registration
 pursuant to this section is suspended or terminated, or when an applica-
 tion  for such license is denied or registration rejected, the applicant
 for or holder of such registration or license is entitled,  pursuant  to
 section  twenty-two of this chapter and the regulations of the office of
 children and family services, to a hearing before the office of children
 and family services. However, a license or registration shall be  tempo-
 rarily suspended or limited without a hearing upon written notice to the
 operator  of the facility following a finding that the public health, or
 an individual's safety or welfare, are in imminent danger. The holder of
 a license or registrant is entitled to a hearing before  the  office  of
 children  and  family  services  to  contest the temporary suspension or
 limitation. If the holder of a license or registrant requests a  hearing

 A. 11055                           10
 
 to  contest the temporary suspension or limitation, such hearing must be
 scheduled to commence as soon as possible but in  no  event  later  than
 thirty  days  after the receipt of the request by the office of children
 and  family  services.  Suspension  shall  continue  until the condition
 requiring suspension or limitation is corrected or until a hearing deci-
 sion has been issued. If the office  of  children  and  family  services
 determines  after  a hearing that the temporary suspension or limitation
 was proper, such suspension or limitation shall be  extended  until  the
 condition requiring suspension or limitation has been corrected or until
 the license or registration has been revoked.
   (B)  (I)  CONSISTENT  WITH ARTICLES TWENTY-THREE AND TWENTY-THREE-A OF
 THE CORRECTION LAW, AND GUIDELINES DEVELOPED PURSUANT TO SUBDIVISION TWO
 OF SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE, IF  THE  OFFICE  OF
 CHILDREN  AND FAMILY SERVICES IS MADE AWARE OF THE EXISTENCE OF A CRIMI-
 NAL CONVICTION OR  PENDING  CRIMINAL  CHARGE  CONCERNING  A  CURRENT  OR
 PERSPECTIVE CAREGIVER, EMPLOYEE, ASSISTANT, VOLUNTEER WITH THE POTENTIAL
 FOR  UNSUPERVISED  CONTACT,  OR  ANY  PERSONS  AGE EIGHTEEN OR OLDER WHO
 RESIDE IN SUCH HOME WHERE CARE IS PROVIDED, THAT IS NOT IN  THE  CHILD'S
 HOME,  AND SUCH PERSON IS NOT RELATED TO ALL CHILDREN RECEIVING CARE, IN
 AN ENROLLED LEGALLY EXEMPT PROGRAM, SUCH CONVICTION OR CHARGE MAY  BE  A
 BASIS  TO  TERMINATE  ENROLLMENT IN ACCORDANCE WITH SUBDIVISION THREE OF
 SECTION THREE HUNDRED NINETY-B OF THIS TITLE. BEFORE ANY ENROLLMENT  FOR
 AN  ENROLLED LEGALLY EXEMPT PROGRAM MAY BE TERMINATED, OR WHEN AN APPLI-
 CATION FOR SUCH ENROLLMENT IS DENIED, THE APPLICANT  FOR  OR  HOLDER  OF
 SUCH  ENROLLMENT  IS  ENTITLED, IN ACCORDANCE WITH SECTION TWENTY-TWO OF
 THIS CHAPTER AND THE IMPLEMENTING REGULATIONS OF THE OFFICE OF  CHILDREN
 AND  FAMILY  SERVICES,  TO  A  HEARING BEFORE THE OFFICE OF CHILDREN AND
 FAMILY SERVICES. HOWEVER, AN ENROLLMENT SHALL BE  TEMPORARILY  SUSPENDED
 OR  LIMITED WITHOUT A HEARING UPON WRITTEN NOTICE TO THE OPERATOR OF THE
 PROGRAM FOLLOWING A FINDING THAT THE PUBLIC HEALTH, OR  AN  INDIVIDUAL'S
 SAFETY OR WELFARE, ARE IN IMMINENT DANGER.
   (II) IF AN ENROLLED LEGALLY EXEMPT PROGRAM'S ENROLLMENT IS TERMINATED,
 SUCH  INDIVIDUAL  SHALL  BE  IMMEDIATELY RE-ENROLLED ONCE THE ISSUE THAT
 CAUSED THE INITIAL TERMINATION HAS BEEN CORRECTED AND ALL OTHER ELEMENTS
 LAWFULLY REQUIRED FOR ENROLLMENT HAVE BEEN SATISFIED.
   § 13. Subdivisions 9 and 10 of section 390-b of  the  social  services
 law,  as  added  by chapter 416 of the laws of 2000, are amended and two
 new subdivisions 11 and 12 are added to read as follows:
   9. Any criminal history record provided by the  division  of  criminal
 justice  services,  and  any  summary  of  the  criminal  history record
 provided by the office of children and family services to  a  child  day
 care  [provider]  PROGRAM OR ENROLLED LEGALLY EXEMPT PROGRAM pursuant to
 this section, is confidential and shall  not  be  available  for  public
 inspection;  provided, however, nothing herein shall prevent a child day
 care [provider] PROGRAM, ENROLLED LEGALLY EXEMPT PROGRAM or  the  office
 of  children and family services from disclosing criminal history infor-
 mation OR THE INDIVIDUAL FROM DISCLOSING HIS  OR  HER  CRIMINAL  HISTORY
 INFORMATION at any administrative or judicial proceeding relating to the
 denial or revocation of an application, employment, license [or], regis-
 tration  OR  ENROLLMENT.  The  subject  of  a  criminal  history  review
 conducted pursuant to this section shall be entitled  to  receive,  upon
 written  request, a copy of the [summary of the] criminal history record
 [provided by the office of children and family services to the child day
 care provider].   Unauthorized disclosure of  such  records  or  reports
 shall  subject  the  provider  to civil penalties in accordance with the

 A. 11055                           11

 provisions of subdivision eleven of section three hundred ninety of this
 title.
   10.  A  child  day  care [provider] PROGRAM OR ENROLLED LEGALLY EXEMPT
 PROGRAM shall advise the office of children and family services when  an
 individual  who  is subject to criminal history record review in accord-
 ance with subdivision [one or] two of this section is no longer  subject
 to  such review. The office of children and family services shall inform
 the division of criminal justice services  when  an  individual  who  is
 subject  to  criminal history review is no longer subject to such review
 so that the division of criminal  justice  services  may  terminate  its
 retain  processing with regard to such person. At least once a year, the
 office of children and family services will be  required  to  conduct  a
 validation of the records maintained by the division of criminal justice
 services.
   11.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PAY THE PROCESS-
 ING FEES ASSOCIATED WITH THE BACKGROUND CLEARANCES REQUIRED PURSUANT  TO
 PARAGRAPHS (A) AND (C) OF SUBDIVISION ONE OF THIS SECTION IMPOSED PURSU-
 ANT  TO SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE
 EXECUTIVE LAW. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMPTLY
 SUBMIT FINGERPRINTS OBTAINED PURSUANT TO THIS SECTION AND SUCH  PROCESS-
 ING FEE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   12.  CHILD DAY CARE CENTERS WHICH ARE NOT SUBJECT TO THE PROVISIONS OF
 SECTION THREE HUNDRED NINETY OF THIS TITLE SHALL NOT BE SUBJECT  TO  THE
 PROVISIONS  OF THIS SECTION, PROVIDED HOWEVER, THAT THE CITY OF NEW YORK
 SHALL REQUIRE THAT SUCH CHILD DAY CARE CENTERS MEET THE REQUIREMENTS  OF
 ANY  FEDERAL  LAWS AND REGULATIONS PERTAINING TO THE CHILD CARE DEVELOP-
 MENT AND BLOCK GRANT AND THE RELATED FEDERALLY  APPROVED  PLANS  OF  THE
 STATE OF NEW YORK.
   §  14.  Subparagraph  (z) of paragraph (A) of subdivision 4 of section
 422 of the social services law, as amended by section 11 of  part  L  of
 chapter 56 of the laws of 2015, is amended to read as follows:
   (z)  an  entity  with  appropriate legal authority in another state to
 license,  certify  or  otherwise  approve  prospective  foster  parents,
 prospective  adoptive  parents,  prospective  relative  guardians  [or],
 prospective successor guardians OR CHILD CARE PROGRAMS where  disclosure
 of information regarding such prospective foster or prospective adoptive
 parents  [or],  CHILD CARE PROGRAMS, prospective relative or prospective
 successor guardians and other persons over the age of eighteen  residing
 in  the  home  of such persons [is] OR WHERE CHILD CARE IS PROVIDED IN A
 HOME OTHER THAN THE CHILD'S HOME WHEN SUCH PERSON IS NOT RELATED TO  ALL
 THE CHILDREN RECEIVING CARE IN THE HOME, AS required under title IV-E of
 the  federal  social security act OR THE FEDERAL CHILD CARE AND DEVELOP-
 MENT BLOCK GRANT ACT (SECTION NINE THOUSAND EIGHT  HUNDRED  FIFTY-EIGHT,
 ET SEQ. OF TITLE FORTY-TWO OF THE UNITED STATES CODE); and
   §  15.  Paragraph  (a) of subdivision 1 of section 424-a of the social
 services law, as amended by section 12 of part L of chapter  56  of  the
 laws of 2015, is amended to read as follows:
   (a)  A  licensing  agency  shall inquire of the [department] OFFICE OF
 CHILDREN AND FAMILY SERVICES and the [department] OFFICE shall,  subject
 to  the  provisions  of  paragraph  (e) of this subdivision, inform such
 agency and the subject of the inquiry whether an applicant for a certif-
 icate, license [or], permit OR ENROLLMENT  WHEN  SUCH  ENROLLEE  IS  NOT
 RELATED  TO  ALL CHILDREN FOR WHOM CARE WILL BE PROVIDED, [assistants to
 group] OR TO BECOME AN EMPLOYEE, ASSISTANT OR VOLUNTEER WITH THE  POTEN-
 TIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN CARE OF A family day care
 [providers] PROGRAM OR IN THE CASE OF AN ENROLLED LEGALLY EXEMPT PROGRAM

 A. 11055                           12
 
 WHEN  SUCH  INDIVIDUAL IS NOT RELATED TO ALL CHILDREN FOR WHOM CARE WILL
 BE PROVIDED, the director of a camp subject to the provisions of article
 thirteen-B of the public health law, [a prospective  successor  guardian
 when  a  clearance is conducted pursuant to paragraph (d) of subdivision
 two of section four hundred fifty-eight-b  of  this  article,]  and  any
 person  over the age of eighteen who resides in the home of a person who
 has applied to become an adoptive parent or a foster parent [or to oper-
 ate a family day care home or group family day care home or  any  person
 over the age of eighteen residing in the home of a prospective successor
 guardian when a clearance is conducted of a prospective successor guard-
 ian  pursuant  to  this  paragraph]  OR ON THE PREMISES WHERE CHILD CARE
 SERVICES ARE PROVIDED IN A HOME OTHER THAN THE  CHILD'S  HOME  AND  SUCH
 PERSON  IS  NOT  RELATED  TO ALL CHILDREN RECEIVING CARE, has been or is
 currently the subject of  an  indicated  child  abuse  and  maltreatment
 report  on  file  with the statewide central register of child abuse and
 maltreatment.
   § 16. Subdivision 4 of section 424-a of the social  services  law,  as
 amended  by  section  14 of part L of chapter 56 of the laws of 2015, is
 amended to read as follows:
   4. For purposes of this section, the  term  "licensing  agency"  shall
 mean an authorized agency which has received an application to become an
 adoptive  parent  or an authorized agency which has received an applica-
 tion for a certificate or license to receive, board or  keep  any  child
 pursuant to the provisions of section three hundred seventy-six or three
 hundred  seventy-seven of this article or an authorized agency which has
 received an application from a relative  within  the  second  degree  or
 third  degree  of  consanguinity  of the parent of a child or a relative
 within the second degree or third degree of consanguinity of  the  step-
 parent  of  a  child  or  children,  or  the  child's legal guardian for
 approval to receive, board or keep such child, or an  authorized  agency
 that  conducts  a clearance pursuant to paragraph (d) of subdivision two
 of section four hundred fifty-eight-b of this article,  or  a  state  or
 local governmental agency which receives an application to provide child
 day  care  services  in  a  child day care center, school-age child care
 program, family day care home or group family day care home OR  ENROLLED
 LEGALLY  EXEMPT  PROGRAM  pursuant  to  the  provisions of section three
 hundred ninety of this article, or the department of health  and  mental
 hygiene of the city of New York, when such department receives an appli-
 cation  for a certificate of approval to provide child day care services
 in a child day care center pursuant to the provisions of the health code
 of the city of New York, or the office of mental health  or  the  office
 for  people with developmental disabilities when such office receives an
 application for an operating certificate pursuant to the  provisions  of
 the  mental  hygiene  law  to  operate a family care home, or a state or
 local governmental official who receives an application for a permit  to
 operate  a camp which is subject to the provisions of article thirteen-B
 of the public health law or the office of children and  family  services
 which has received an application for a certificate to receive, board or
 keep  any  child at a foster family home pursuant to articles nineteen-G
 and nineteen-H of the executive law or any other  facility  or  provider
 agency,  as  defined in subdivision four of section four hundred eighty-
 eight of this chapter, in regard to any licensing or certification func-
 tion carried out by such facility or agency.
   § 17. All costs associated with activities related to the  implementa-
 tion  of  the federal child care development block grant reauthorization
 act of 2014 required pursuant to this act shall be funded within the  80

 A. 11055                           13
 
 million dollars allocated for such purpose pursuant to chapter 53 of the
 laws of 2018.
   §  18.  Severability. If any clause, sentence, paragraph, subdivision,
 section or part contained in any part of this act shall be  adjudged  by
 any  court  of competent jurisdiction to be invalid, such judgment shall
 not affect, impair, or invalidate the remainder thereof,  but  shall  be
 confined  in  its operation to the clause, sentence, paragraph, subdivi-
 sion, section or part contained in any part thereof directly involved in
 the controversy in which such judgment shall have been rendered.  It  is
 hereby  declared to be the intent of the legislature that this act would
 have been enacted even if such invalid provisions had  not  be  included
 herein.
   § 19. This act shall take effect September 1, 2018; provided, that the
 office  of  children and family services is authorized to promulgate any
 rules or regulations necessary for the implementation of this act on its
 effective date.