S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2796
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, DINOWITZ, KELLES, SEAWRIGHT, SILLITTI,
   THIELE, ZEBROWSKI, J. M. GIGLIO, McDONOUGH, AUBRY  --  read  once  and
   referred to the Committee on Children and Families
 
 AN  ACT  to amend the social services law, in relation to fingerprinting
   employees of informal child care providers

   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
 390-n to read as follows:
   § 390-N. FINGERPRINTING EMPLOYEES OF INFORMAL CHILD CARE PROVIDERS. 1.
 FOR PURPOSES OF THIS SECTION, "INFORMAL CHILD  CARE  PROVIDER"  MEANS  A
 PROGRAM  IN  A FACILITY, OTHER THAN A RESIDENCE,  IN WHICH CHILD CARE IS
 PROVIDED ON A REGULAR BASIS AND IS NOT REQUIRED TO BE LICENSED BY     OR
 REGISTERED  WITH  THE  OFFICE  OR  LICENSED  BY  THE  CITY  OF NEW YORK.
 INFORMAL CHILD CARE PROVIDERS INCLUDE, BUT ARE NOT LIMITED TO:
   (A) NURSERY SCHOOLS AND PROGRAMS FOR PRE-SCHOOL-AGED CHILDREN OPERATED
 BY NON-PROFIT AGENCIES OR ORGANIZATIONS OR PRIVATE PROPRIETARY  AGENCIES
 WHICH PROVIDE SERVICES FOR THREE OR LESS HOURS PER DAY;
   (B) CHILD CARE PROGRAMS CARING FOR NOT MORE THAN SIX SCHOOL-AGED CHIL-
 DREN    DURING   NON-SCHOOL   HOURS.   FOR PURPOSES  OF  THIS PARAGRAPH,
 "SCHOOL-AGED CHILDREN" MEANS CHILDREN UNDER THIRTEEN YEARS  OF  AGE  WHO
 ARE ENROLLED IN KINDERGARTEN OR A HIGHER GRADE;
   (C)  CHILD  CARE  PROGRAMS CARING FOR TODDLERS FROM EIGHTEEN MONTHS TO
 THIRTY-SIX MONTHS OF AGE FOR THREE OR LESS HOURS PER DAY; AND
   (D) CHILD CARE PROGRAMS CARING FOR INFANTS UP TO  EIGHTEEN  MONTHS  OF
 AGE FOR THREE OR LESS HOURS PER DAY.
   2.  ANY  INFORMAL  CHILD CARE PROVIDER MAY, AS A CONDITION OF SECURING
 EMPLOYMENT OR OF CONTINUING EMPLOYMENT, REQUIRE THAT ALL OF ITS  EMPLOY-
 EES  BE FINGERPRINTED. SUCH FINGERPRINTS SHALL BE SUBMITTED TO THE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES FOR A STATE  CRIMINAL  HISTORY  RECORD
 CHECK,  AS  DEFINED IN SUBDIVISION ONE OF SECTION THREE THOUSAND THIRTY-
 FIVE OF THE EDUCATION LAW, AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF
 INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK.
   § 2. This act shall take effect immediately.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05785-01-3