Assembly Bill A1446

2021-2022 Legislative Session

Prohibits certain child care facilities from employing felons; provides criminal record access for certain child care entities

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A1446 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Add §378-b, Soc Serv L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4136
2011-2012: A5066
2013-2014: A5843
2015-2016: A2188
2017-2018: A203
2019-2020: A1366
2023-2024: A164

2021-A1446 (ACTIVE) - Summary

Prohibits certain enumerated child care facilities from employing or using as volunteers, persons convicted of certain enumerated offenses; also allows the facilities to have access to criminal records of its volunteers and employees and prospective volunteers and employees.

2021-A1446 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1446
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Children and Families
 
 AN ACT to amend the social  services  law  and  the  executive  law,  in
   relation to day care for children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 378-b to read as follows:
   §  378-B.  CERTIFICATES  AND LICENSES; RECORD ACCESS; PROHIBITIONS. 1.
 NOTWITHSTANDING THE PROVISIONS OF ANY LAW, RULE  OR  REGULATION  TO  THE
 CONTRARY,  NO  LICENSE,  PERMIT,  CERTIFICATE  OR  REGISTRATION SHALL BE
 ISSUED BY THE DEPARTMENT OR ANY AUTHORIZED AGENCY  TO  AN  APPLICANT  TO
 OPERATE  A  CHILD  DAY  CARE  CENTER, HEAD START DAY CARE CENTER PROGRAM
 FUNDED PURSUANT TO TITLE V OF THE FEDERAL ECONOMIC  OPPORTUNITY  ACT  OF
 1964,  SCHOOL AGE CHILD CARE PROGRAM, GROUP FAMILY DAY CARE HOME, FAMILY
 DAY CARE HOME, NOR  WHERE  GRANTED,  SHALL  ANY  SUCH  LICENSE,  PERMIT,
 CERTIFICATE  OR  REGISTRATION  BE  RENEWED  FOR  ANY SUCH ENTITY, IF THE
 APPLICANT AND/OR OPERATOR THEREOF SHALL HAVE BEEN CONVICTED OF A VIOLENT
 FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL  LAW,  OR  SHALL
 HAVE  BEEN  CONVICTED  OF A MISDEMEANOR OR FELONY AS DEFINED IN ARTICLES
 ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE,  ONE  HUNDRED  THIRTY,  ONE
 HUNDRED  THIRTY-FIVE,  TWO HUNDRED FIVE, TWO HUNDRED TWENTY, TWO HUNDRED
 TWENTY-ONE, TWO HUNDRED THIRTY, TWO  HUNDRED  THIRTY-FIVE,  TWO  HUNDRED
 FORTY-FIVE,  TWO  HUNDRED  FIFTY-FIVE,  TWO  HUNDRED  SIXTY, TWO HUNDRED
 SIXTY-THREE AND TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW.
   2. NO SUCH ENTITY SHALL EMPLOY ANY ASSISTANT OR EMPLOYEE, NOR SHALL IT
 ACCEPT ANY PERSON FOR VOLUNTEER ACTIVITY IN ANY  SUCH  ENTITY,  IF  SUCH
 ASSISTANT,  EMPLOYEE  OR  VOLUNTEER HAS BEEN CONVICTED OF ANY OFFENSE AS
 ENUMERATED IN SUBDIVISION ONE OF THIS SECTION.   EVERY SUCH  ENTITY,  AS
 ENUMERATED  IN  SUBDIVISION  ONE OF THIS SECTION,   MAY OBTAIN, WITH THE
 CONSENT OF  THE  VOLUNTEER  OR  PROSPECTIVE  VOLUNTEER  OR  EMPLOYEE  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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