BILL NUMBER: S9070A

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
misrepresentation by, or on behalf of, a caregiver for children

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes the crime of misrepresentation by, or on behalf
of, a caregiver for children.

 
SUMMARY OF PROVISIONS:

Section 1 provides that this act shall be known and may be cited as
"Lulu and Leo's law".

In section 2 the penal law is amended by adding a new section 260.35 in
which a person is guilty of misrepresentation by, or on behalf of, a
caregiver for a child or children when he or she:
              

(a) intentionally makes a false written statement about himself,
herself, or another person while he or she, or such other person, is
being considered for employment, or while under employment as a caregiv-
er, to a parent or guardian of a child or children, or the agent of a
parent or guardian, and

(b) such statement contains a materially false representation regarding
the caregiver's background related to the ability to safely care for a
child or children, and

(c) a reasonable person would have relied upon such statement in making
an employment decision.

Section 3 defines "caregiver" as a person employed by or being consid-
ered for employment to provide fifteen or more hours of care per week to
a child or children in the home of such child or children or in the home
of such caregiver, provided that such term shall not apply to a child
day care provider required to be licensed pursuant to the social
services law. It also provides that misrepresentation by, or on behalf
of a caregiver for a child or children is a class A misdemeanor,
provided, however, that if any sentence of imprisonment is imposed for a
conviction under to this section, the term of imprisonment shall not
exceed six months.

Section 3 establishes that this act shall take effect on the sixtieth
day after it shall have become a law.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The bill is amended in order to provide that misrepresentation by, or on
behalf of a caregiver for a child or children is a class A misdemeanor,
provided, however, that if any sentence of imprisonment is imposed for a
conviction under to this section, the term of imprisonment shall not
exceed six months.

 
JUSTIFICATION:

Hiring a caregiver for one's children can be one of the most important
decisions a parent makes. While parents have the ability to verify a
potential caregiver's criminal and driving records, they also rely on
personal references concerning the candidates experience, qualifications
and suitability.

Currently it is illegal to make a misrepresentation regarding the
credentials and qualifications of an employee or volunteer at a child
care facility but there exists no legal duty regarding the material
accuracy of representations for prospective caregivers for children in
the home.

When it comes to the hiring of a caregiver for children false or fabri-
cated representations by applicants, or those making references on their
behalf, can have serious consequences. The 2012 murder of Lulu and Leo
Krim by their caregiver in New York City highlights the issue. Fabri-
cated representations were made indicating work as a caregiver when the
individual had no child care history at all.  Currently there is no law
to prohibit material misrepresentations on behalf of prospective care-
givers for children.

This bill make it illegal to make a false written statement that misrep-
resents an applicant's background for employment as a caregiver in order
to give parents and guardians better assurance when hiring and to
prevent further tragedies. The law should be clear that communicating
materially false background information for prospective caregivers is a
violation of New York Law.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

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