Senate Bill S2009

2009-2010 Legislative Session

Restricts hiring of child care providers with criminal convictions

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Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families 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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2009-S2009 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §390-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2171
2013-2014: S4113
2015-2016: S1472
2017-2018: S33

2009-S2009 (ACTIVE) - Summary

Restricts hiring of child care providers with criminal convictions.

2009-S2009 (ACTIVE) - Sponsor Memo

2009-S2009 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2009

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sens.  GOLDEN,  ALESI,  DeFRANCISCO,  O. JOHNSON, LANZA,
  LARKIN, LAVALLE, PADAVAN, SEWARD, VOLKER,  YOUNG  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Children and Families

AN ACT to amend the social services law, in relation to criminal history
  review of child care providers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 390-b of the social services law,
as added by chapter 416 of the laws of  2000,  is  amended  to  read  as
follows:
  3.  Notwithstanding  any other provision of law to the contrary, after
reviewing any criminal history record information provided by the  divi-
sion  of criminal justice services, of an individual who is subject to a
criminal history record check pursuant to this section,  the  office  of
children  and  family services and the provider shall take the following
actions:
  (a) (i) Where the criminal history record of an  applicant  to  be  an
operator  of  a  child  day  care center, school age child care program,
group family day care home, family day care home, or any person over the
age of eighteen residing in such a home, reveals a felony conviction [at
any time for a sex offense, crime against a child, or a crime  involving
violence,  or a felony conviction within the past five years for a drug-
related offense, the office of children and family services  shall  deny
the  application  unless  the office determines, in its discretion, that
approval of the application will not in any way jeopardize  the  health,
safety or welfare of the children in the center, program or home] FOR AN
OFFENSE  DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE,
ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, TWO HUNDRED THIRTY-FIVE  OR
TWO  HUNDRED SIXTY-THREE OF THE PENAL LAW, OR AN OFFENSE COMMITTED UNDER
A FORMER PROVISION OF THE PENAL LAW WHICH WOULD CONSTITUTE  A  VIOLATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08266-01-9
              

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