S T A T E O F N E W Y O R K
________________________________________________________________________
7830
2009-2010 Regular Sessions
I N A S S E M B L Y
April 24, 2009
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Introduced by M. of A. SPANO, PAULIN, FIELDS, COOK, MARKEY, LANCMAN,
ESPAILLAT, EDDINGTON, JAFFEE, PHEFFER, BENEDETTO, SAYWARD -- Multi-
Sponsored by -- M. of A. BARRON, BURLING, GALEF, McDONOUGH, McKEVITT,
REILLY, WALKER, WEISENBERG -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to child abuse
prevention
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
422-d to read as follows:
S 422-D. CHILD ABUSE PREVENTION. EVERY INSTITUTION PROVIDING GROUP
HOME OR CONGREGATE LIVING SERVICES PURSUANT TO THIS ARTICLE SHALL
PROVIDE FOR THE SCREENING OF ALL PROSPECTIVE PERSONNEL TO BE EMPLOYED BY
THE INSTITUTION, AS WELL AS INDIVIDUALS SERVING UNDER CONTRACT WITH THE
INSTITUTION AND EMPLOYEES OF SERVICES PROVIDING SERVICES UNDER CONTRACT
WITH THE INSTITUTION, AGAINST INFORMATION PROVIDED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES RELATING TO CONVICTION RECORDS. SUCH SCREEN-
ING SHALL INCLUDE THE MANDATORY FINGERPRINTING OF SUCH PERSONNEL. EVERY
SET OF FINGERPRINTS TAKEN PURSUANT TO THIS SECTION SHALL BE PROMPTLY
SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES AND SHALL CONTAIN
THE SIGNED, INFORMED CONSENT OF THE PROSPECTIVE EMPLOYEE ON A FORM
SUPPLIED BY THE DIVISION. THE DIVISION OF CRIMINAL JUSTICE SERVICES
SHALL COMPARE SUCH FINGERPRINTS AGAINST THE RECORDS OF SUCH DIVISION AND
SHALL FORWARD A SET OF SUCH FINGERPRINTS TO THE FEDERAL BUREAU OF INVES-
TIGATION AT WASHINGTON WITH A REQUEST THAT THE FILES OF THE BUREAU BE
SEARCHED AND NOTIFICATION OF THE RESULTS OF SUCH SEARCH AND A REPORT
THEREON SHALL BE MADE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL FORMULATE A STANDARD CRIMI-
NAL RECORD REPORT AND SHALL DETERMINE WHAT INFORMATION IS TO BE REPORTED
TO THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STANDARD FORM FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07815-01-9
A. 7830 2
SUCH REPORTING. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL FORWARD
SUCH CRIMINAL RECORD REPORTS TO THE GOVERNING BODY OF THE INSTITUTION
WITHIN TEN BUSINESS DAYS AFTER THE RECEIPT OF THE FEDERAL BUREAU OF
INVESTIGATION REPORT. SUCH INSTITUTIONS SHALL BE PROHIBITED FROM EMPLOY-
ING ANY PERSONNEL UNTIL RECEIPT OF SUCH REPORTS IF THEY WISH TO CONTINUE
CONTRACTING WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES. SUCH
INSTITUTIONS MAY EMPLOY ANY INDIVIDUAL WHERE SUCH REPORTS INDICATE NO
CONVICTIONS OR A MISDEMEANOR CONVICTION, EXCEPT FOR A MISDEMEANOR
CONVICTION UNDER ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED TWENTY OF THE
PENAL LAW. ALL SUCH REPORTS WHICH CONTAIN A FELONY CONVICTION OR A
MISDEMEANOR CONVICTION UNDER ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED
TWENTY OF THE PENAL LAW SHALL BE FORWARDED TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR CLEARANCE TO EMPLOY. ALL SUCH REPORTS PROCESSED AND
SENT TO SUCH INSTITUTION PURSUANT TO THIS SECTION SHALL NOT BE PUBLISHED
OR IN ANY WAY DISCLOSED TO PERSONS OTHER THAN THE GOVERNING BODY OF SUCH
INSTITUTION AND, IF REQUESTED, BY THE PROSPECTIVE EMPLOYEE. EACH INSTI-
TUTION MAY ALSO, IN ITS DISCRETION, EXEMPT FROM THE PROVISIONS OF THIS
SECTION CERTAIN CONTRACTED EMPLOYEES PROVIDING SERVICES NOT INVOLVING
ANY INTERACTION OR CONTACT WITH STUDENTS.
S 2. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.