S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1868
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 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 chapter 611 of the laws of 2022, 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; a private, nonprofit incorporated agency that meets the
 state office of children and family services program standards for child
 advocacy  centers;  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] ADDICTION SERVICES and [substance
 abuse services] SUPPORT; residential schools which are operated,  super-
 vised  or  approved  by  the  education department; health homes, or any
 subcontractor of such health homes, who contracts with or is approved or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02743-01-3
              

 A. 1868                             2
 
 otherwise authorized by the department of health to provide health  home
 services  to  all  those  enrolled pursuant to a diagnosis of a develop-
 mental disability as 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, 2024.