S T A T E O F N E W Y O R K
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33
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
Introduced by Sen. GOLDEN -- 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 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
S. 33 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
S. 33 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.
S. 33 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.
