S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    402
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the social services law, in relation to criminal history
   review of child care providers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 3 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:
   3.  Notwithstanding  any other provision of law to the contrary, after
 reviewing any criminal history record information provided by the  divi-
 sion  of criminal justice services, of an individual who is subject to a
 criminal history record check pursuant to this section,  the  office  of
 children  and  family services and the provider shall take the following
 actions:
   (a) (i) Where the criminal history record of an  applicant  to  be  an
 operator  of  a  child  day  care center, school age child care program,
 group family day care home, family day care home, or any person over the
 age of eighteen residing in such a home, reveals a felony conviction  at
 any  time for a sex offense, crime against a child, or a crime involving
 violence, or a felony conviction within the past five years for a  drug-
 related  offense  OR  A  FELONY  CONVICTION  AT ANY TIME FOR ANY OFFENSE
 COMMITTED IN ANOTHER JURISDICTION WHICH, IF  COMMITTED  IN  THIS  STATE,
 WOULD  CONSTITUTE A SEX OFFENSE, CRIME AGAINST A CHILD, OR CRIME INVOLV-
 ING VIOLENCE, OR A FELONY CONVICTION WITHIN THE PAST FIVE  YEARS  FOR  A
 DRUG-RELATED  OFFENSE  PURSUANT TO THE PENAL LAW, the office of children
 and family services shall deny the application [unless the office deter-
 mines, in its discretion, that approval of the application will  not  in
 any  way jeopardize the health, safety or welfare of the children in the
 center, program or home]; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05083-01-7
              

 A. 402                              2
 
   (ii) Where the criminal history record of an applicant to be an opera-
 tor of a child day care center, school age  child  care  program,  group
 family  day  care home, family day care home, or any person over the age
 of eighteen residing in such a home, reveals a conviction  for  a  crime
 other  than  one  set  forth  in subparagraph (i) of this paragraph, the
 office of  children  and  family  services  may  deny  the  application,
 consistent with article twenty-three-A of the correction law; or
   (iii) Where the criminal history record of an applicant to be an oper-
 ator  of  a  child day care center, school age child care program, group
 family day care home, family day care home, or any other person over the
 age of eighteen residing in such a home, reveals a charge for any crime,
 the office of children and family services shall hold the application in
 abeyance until the charge is finally resolved.
   (b) (i) Where the criminal history record of a current operator  of  a
 child  day  care center, school age child care program, group family day
 care home, family day care home, or any other person  over  the  age  of
 eighteen  residing  in such a home, reveals a conviction for a crime set
 forth in subparagraph (i) 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 of children and family
 services shall deny, [limit, suspend,] revoke,  reject  or  terminate  a
 license  or  registration based on such a conviction[, unless the office
 determines, in its discretion, that continued operation of  the  center,
 program  or  home  will  not in any way jeopardize the health, safety or
 welfare of the children in the center, program or home];
   (ii) Where the criminal history record of  a  current  operator  of  a
 child  day  care center, school age child care program, group family day
 care home, family day care home, or any other person  over  the  age  of
 eighteen residing in such a home, reveals a conviction for a crime other
 than one set forth in subparagraph (i) of paragraph (a) of this subdivi-
 sion,  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 terminate a  license  or  registration
 based  on  such  a conviction, consistent with article twenty-three-A of
 the correction law;
   (iii) Where the criminal history record of a  current  operator  of  a
 child  day  care center, school age child care program, group family day
 care home, family day care home, or any other person  over  the  age  of
 eighteen  residing  in  such a home, reveals a 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. The office may suspend a license
 or registration based on such a charge where necessary  to  protect  the
 health and safety of the children in the program.
   (c)  (i)  Where  the  criminal history record of an applicant to be an
 employee or volunteer at a child day care center  or  school  age  child
 care  program reveals a conviction for a crime set forth in subparagraph
 (i) of paragraph (a) of this subdivision, the  office  of  children  and
 family  services  shall  direct  the  provider  to  deny the application
 [unless the office determines, in its discretion, that approval  of  the
 application will not in any way jeopardize the health, safety or welfare
 of the children in the center or program];
   (ii)  Where  the  criminal  history  record  of  an applicant to be an
 employee or volunteer at a child day care center  or  school  age  child

 A. 402                              3
 
 care  program  reveals a conviction for a crime other than one set forth
 in subparagraph (i) of paragraph (a) of this subdivision, the office  of
 children and family services may, consistent with article twenty-three-A
 of the correction law, direct the provider to deny the application;
   (iii)  Where  the  criminal  history  record  of an applicant to be an
 employee or volunteer at a child day care center  or  school  age  child
 care  program reveals a charge for any crime, the office of children and
 family services shall hold the application in abeyance until the  charge
 is finally resolved.
   (d)  (i)  Where  the  criminal history record of a current employee or
 volunteer at a child day care center or school age  child  care  program
 reveals  a conviction for a crime set forth in subparagraph (i) of para-
 graph (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  shall  direct  the provider to terminate the
 employee or volunteer based on such a  conviction[,  unless  the  office
 determines,  in  its  discretion,  that  the  continued  presence of the
 employee or volunteer in the center or program will not in any way jeop-
 ardize the health, safety or welfare of the children in  the  center  or
 program];
   (ii) Where the criminal history record of a current employee or volun-
 teer at a child day care center or school age child care program reveals
 a conviction for a crime other than one set forth in subparagraph (i) 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 direct the provider to terminate the employ-
 ee or volunteer based on such  a  conviction,  consistent  with  article
 twenty-three-A of the correction law;
    (iii)  Where  the  criminal  history  record of a current employee or
 volunteer at a child day care center or school age  child  care  program
 reveals  a  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.
   (e) (i) Where the criminal history record of an  applicant  to  be  an
 employee,  assistant  or  volunteer  at  a group family day care home or
 family day care home reveals a conviction  for  a  crime  set  forth  in
 subparagraph  (i)  of  paragraph  (a) of this subdivision, the office of
 children and family services shall  direct  the  provider  to  deny  the
 application  [unless  the  office  determines,  in  its discretion, that
 approval of the application will not in any way jeopardize  the  health,
 safety or welfare of the children in the home];
   (ii)  Where  the  criminal  history  record  of  an applicant to be an
 employee, assistant or volunteer at a group  family  day  care  home  or
 family day care home reveals a conviction for a crime other than one set
 forth  in  subparagraph  (i)  of  paragraph (a) of this subdivision, the
 office of children and family  services  may,  consistent  with  article
 twenty-three-A  of  the  correction law, direct the provider to deny the
 application;
   (iii) Where the criminal history record  of  an  applicant  to  be  an
 employee,  assistant  or  volunteer  at  a group family day care home or
 family day care home reveals a charge for any crime, the office of chil-
 dren and family services shall hold the application  in  abeyance  until
 the charge is finally resolved.

 A. 402                              4
 
   (f)  (i)  Where  the  criminal  history  record of a current employee,
 assistant or volunteer at a group family day care  home  or  family  day
 care home reveals a conviction for a crime set forth in subparagraph (i)
 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  home.  The  office of children and family services shall direct the
 provider to terminate the employee, assistant or volunteer based on such
 a conviction[, unless the office determines, in its discretion, that the
 continued presence of the employee, assistant or volunteer in  the  home
 will  not  in  any  way  jeopardize the health, safety or welfare of the
 children in the home];
   (ii) Where the criminal history record of a current employee,  assist-
 ant or volunteer at a group family day care home or family day care home
 reveals  a  conviction  for a crime other than one set forth in subpara-
 graph (i) of paragraph (a) of this subdivision, the office  of  children
 and  family  services  shall conduct a safety assessment of the home and
 take all appropriate steps to protect the health and safety of the chil-
 dren in the home. The office may direct the provider  to  terminate  the
 employee,  assistant or volunteer based on such a conviction, consistent
 with article twenty-three-A of the correction law;
   (iii) Where the criminal history record of a current employee, assist-
 ant or volunteer at a group family day care home or family day care home
 reveals a charge for any  crime,  the  office  of  children  and  family
 services  shall  conduct  a  safety  assessment of the home and take all
 appropriate steps to protect the health and safety of  the  children  in
 the home.
   (g)  Advise  the  provider that the individual has no criminal history
 record.
   § 2. This act shall take effect immediately.