S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3388
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to  amend  the  social  services law, in relation to background
   clearances for temporary child care employment agencies and child care
   educational and training institutions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 424-a of the social services law,
 as amended by section 14-a of part H of chapter 56 of the laws of  2019,
 is amended to read as follows:
   3.  For  purposes  of  this  section, the term "provider" or "provider
 agency" shall mean: an authorized agency; the  office  of  children  and
 family  services;  juvenile  detention facilities subject to the certif-
 ication of the office of children and family services;  programs  estab-
 lished pursuant to article nineteen-H of the executive law; non-residen-
 tial  or  residential programs or facilities licensed or operated by the
 office of mental health or the  office  for  people  with  developmental
 disabilities  except  family  care  homes; including head start programs
 which are funded pursuant to title V of the federal economic opportunity
 act of nineteen  hundred  sixty-four,  as  amended;  early  intervention
 service established pursuant to section twenty-five hundred forty of the
 public  health  law;  preschool services established pursuant to section
 forty-four  hundred  ten  of  the  education  law;  special  act  school
 districts as enumerated in chapter five hundred sixty-six of the laws of
 nineteen  hundred  sixty-seven,  as  amended;  programs  and  facilities
 licensed by the office of alcoholism and substance abuse services; resi-
 dential schools which are operated, supervised or approved by the educa-
 tion department; health homes,  or  any  subcontractor  of  such  health
 homes,  who contracts with or is approved or otherwise authorized by the
 department of health to  provide  health  home  services  to  all  those
 enrolled  pursuant  to  a  diagnosis  of  a  developmental disability as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01102-01-1

 A. 3388                             2
 
 defined in subdivision twenty-two of section 1.03 of the mental  hygiene
 law  and  enrollees  who are under twenty-one years of age under section
 three hundred sixty-five-l of this chapter, or any entity that  provides
 home  and community based services to enrollees who are under twenty-one
 years of age under a demonstration program pursuant  to  section  eleven
 hundred fifteen of the federal social security act; TEMPORARY EMPLOYMENT
 AGENCIES  PROVIDING  SUBSTITUTE  CHILD  CARE STAFF TO ANY OTHER PROVIDER
 AGENCY, AND EDUCATIONAL AND TRAINING INSTITUTIONS ASSIGNING  CHILD  CARE
 STAFF  AS  INTERNS  OR RESIDENTS AT ANY OTHER PROVIDER AGENCY; publicly-
 funded emergency shelters for families with children, provided, however,
 for purposes of this section, when the provider or provider agency is  a
 publicly-funded  emergency  shelter for families with children, then all
 references in this section to the "potential for regular and substantial
 contact with individuals who are cared for by the agency" shall mean the
 potential for regular and substantial  contact  with  children  who  are
 served  by  such  shelter; and any other facility or provider agency, as
 defined in subdivision four of section four hundred eighty-eight of this
 chapter, in regard to the employment of staff, or use  of  providers  of
 goods and services and staff of such providers, consultants, interns and
 volunteers.
   §  2.  Section 390-b of the social services law is amended by adding a
 new subdivision 12 to read as follows:
   12. FOR PURPOSES OF THIS SECTION, AND  NOTWITHSTANDING  SECTION  THREE
 HUNDRED  NINETY  OF THIS ARTICLE, AN OPERATOR OR PROVIDER OF A CHILD DAY
 CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM SHALL  INCLUDE  TEMPORARY
 CHILD  CARE  EMPLOYMENT AGENCIES AND CHILD CARE EDUCATIONAL AND TRAINING
 INSTITUTIONS. A TEMPORARY CHILD CARE EMPLOYMENT  AGENCY  OR  CHILD  CARE
 EDUCATIONAL  AND  TRAINING  INSTITUTION SHALL BE SUBJECT TO THE CRIMINAL
 HISTORY RECORD CHECK REQUIREMENTS FOR CHILD CARE STAFF WHO MAY BE PLACED
 AT A CHILD DAY CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM,  BUT  NOT
 FOR  THE  OPERATORS OR PROVIDERS OF SUCH TEMPORARY CHILD CARE EMPLOYMENT
 AGENCY OR CHILD CARE EDUCATIONAL AND TRAINING INSTITUTION. SUCH REQUIRE-
 MENTS SHALL INCLUDE SUBMITTING FINGERPRINT CARDS AND SUCH OTHER INFORMA-
 TION AS REQUIRED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES  AND  THE
 DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, AND AUTHORIZING THE OFFICE OF
 CHILDREN AND FAMILY SERVICES TO DENY OR HOLD IN ABEYANCE  AN  EMPLOYEE'S
 APPLICATION AS PROVIDED FOR IN THIS SECTION.  THE OFFICE OF CHILDREN AND
 FAMILY SERVICES MAY CHARGE THE TEMPORARY CHILD CARE EMPLOYMENT AGENCY OR
 CHILD  CARE  EDUCATIONAL AND TRAINING INSTITUTION AN AMOUNT EQUAL TO THE
 PROCESSING FEE IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION  EIGHT
 HUNDRED  THIRTY-SEVEN OF THE EXECUTIVE LAW. WHERE THE OFFICE OF CHILDREN
 AND FAMILY SERVICES ADVISES THE TEMPORARY CHILD CARE  EMPLOYMENT  AGENCY
 OR  CHILD  CARE  EDUCATIONAL AND TRAINING INSTITUTION THAT AN INDIVIDUAL
 HAS NO CRIMINAL HISTORY RECORD, NO ADDITIONAL  CRIMINAL  HISTORY  RECORD
 CHECK  BY  A  CHILD  DAY  CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM
 SHALL BE REQUIRED UPON PLACEMENT OF THAT INDIVIDUAL  AT  THE  CHILD  DAY
 CARE  CENTER  OR  A  SCHOOL AGE CHILD CARE PROGRAM. FOR PURPOSES OF THIS
 SUBDIVISION, A "TEMPORARY CHILD CARE EMPLOYMENT AGENCY" SHALL  MEAN  ANY
 ENTITY  THAT  EMPLOYS  SUBSTITUTE  CHILD  CARE STAFF TO BE SUPPLIED ON A
 TEMPORARY BASIS TO A CHILD DAY CARE CENTER OR A SCHOOL  AGE  CHILD  CARE
 PROGRAM,  AND  A "CHILD CARE EDUCATIONAL AND TRAINING INSTITUTION" SHALL
 MEAN ANY ENTITY THAT ASSIGNS CHILD CARE STAFF AS INTERNS OR RESIDENTS AT
 A CHILD DAY CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM.
   § 3. This act shall take effect January 1, 2022.