Senate Bill S353

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

                                   353

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services,  Children
  and Families

AN  ACT  to  amend  the  social  services  law, in relation to mandatory
  screening of applicants for a license or registration to provide child
  day care and to mandatory screening of personnel  of  child  day  care
  providers

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

  Section 1.   Section 390 of the social  services  law  is  amended  by
adding a new subdivision 10-a to read as follows:
  10-A.  (A) ANY PERSON WHO APPLIES FOR A LICENSE TO OPERATE A CHILD DAY
CARE CENTER OR GROUP FAMILY DAY CARE PROGRAM, OR ANY PERSON WHO  APPLIES
FOR  REGISTRATION  TO  OPERATE  A  FAMILY  DAY CARE HOME, CHILD DAY CARE
CENTER OR SCHOOL-AGE CHILD CARE  PROGRAM  WHO  KNOWINGLY,  WILLFULLY  OR
INTENTIONALLY FAILS TO DISCLOSE OR FALSIFIES INFORMATION REGARDING PRIOR
FELONY CONVICTIONS WHILE APPLYING FOR A LICENSE OR REGISTRATION SHALL BE
SUBJECT  TO  AN IMMEDIATE DENIAL OF SUCH APPLICATION FOR A PERIOD OF ONE
YEAR, OR, IF A LICENSE OR REGISTRATION WAS GRANTED TO THE  APPLICANT  IN
RELIANCE BY THE OFFICE OF CHILDREN AND FAMILY SERVICES ON SUCH FALSIFIED
APPLICATION  SUCH CHILD DAY CARE PROVIDER SHALL BE SUBJECT TO AN IMMEDI-
ATE SUSPENSION OF SUCH LICENSE OR REGISTRATION FOR A PERIOD OF ONE YEAR.
IF SUCH FAILURE TO DISCLOSE OR FALSIFICATION CONCERNS ONE OF THE  FELONY
CONVICTIONS  SET  FORTH  IN SUBDIVISION TEN OF THIS SECTION, SUCH APPLI-
CANT'S APPLICATION SHALL BE PERMANENTLY DENIED OR SUCH  CHILD  DAY  CARE
PROVIDER'S  LICENSE SHALL BE REVOKED. SUCH DENIAL, SUSPENSION OR REVOCA-
TION  SHALL COMMENCE UPON WRITTEN NOTIFICATION  BY  THE  OFFICE  TO  THE
APPLICANT OR CHILD DAY CARE PROVIDER THAT THE OFFICE HAS BEEN MADE AWARE
OF SUCH FAILURE TO DISCLOSE OR FALSIFICATION. THE APPLICANT OR CHILD DAY
CARE  PROVIDER  SHALL  BE  ENTITLED  TO  A  HEARING BEFORE THE OFFICE TO

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

                                                           LBD03477-01-9

S. 353                              2

CONTEST THE ALLEGATIONS REGARDING FALSIFICATION OR FAILURE TO  DISCLOSE.
SUCH HEARING MUST BE SCHEDULED TO COMMENCE AS SOON AS POSSIBLE BUT IN NO
EVENT  LATER  THAN  THIRTY  DAYS  AFTER THE RECEIPT BY THE DEPARTMENT OF
FAMILY  ASSISTANCE OF THE REQUEST FOR A HEARING MADE BY THE APPLICANT OR
CHILD DAY CARE PROVIDER. DENIAL, SUSPENSION OR REVOCATION SHALL CONTINUE
UNTIL A HEARING DECISION HAS BEEN ISSUED.    IF  THE  OFFICE  DETERMINES
AFTER  A  HEARING  THAT THE DENIAL, SUSPENSION OR REVOCATION WAS PROPER,
SUCH DENIAL OR SUSPENSION SHALL CONTINUE FOR A PERIOD OF ONE  YEAR  FROM
ITS  COMMENCEMENT,  OR  SUCH REVOCATION OR PERMANENT DENIAL SHALL BECOME
FINAL. THE OFFICE SHALL REVOKE SUCH DENIAL, SUSPENSION OR REVOCATION IF,
IN ITS ABSOLUTE DISCRETION, IT DEEMS THAT IN THE  INTEREST  OF  JUSTICE,
SUCH DENIAL, SUSPENSION OR REVOCATION SHOULD BE REVOKED.
  (B) ANY PERSON WHO APPLIES FOR A POSITION AS AN ASSISTANT, EMPLOYEE OR
VOLUNTEER  AT  A  CHILD  DAY CARE CENTER, GROUP FAMILY DAY CARE PROGRAM,
FAMILY DAY CARE HOME, OR SCHOOL-AGE CHILD CARE  PROGRAM  WHO  KNOWINGLY,
WILLFULLY  OR  INTENTIONALLY  FAILS TO DISCLOSE OR FALSIFIES INFORMATION
REGARDING PRIOR FELONY CONVICTIONS  WHILE  APPLYING  FOR  SUCH  POSITION
SHALL  BE  SUBJECT  TO AN IMMEDIATE DENIAL OF SUCH APPLICATION, OR, IF A
POSITION WAS GRANTED TO THE APPLICANT IN RELIANCE BY A  CHILD  DAY  CARE
PROVIDER  ON  SUCH  FALSIFIED  APPLICATION  SUCH  ASSISTANT, EMPLOYEE OR
VOLUNTEER SHALL BE SUBJECT TO AN IMMEDIATE DISCHARGE  FROM  HIS  OR  HER
POSITION. SUCH DENIAL OR DISCHARGE SHALL COMMENCE UPON WRITTEN NOTIFICA-
TION BY THE CHILD DAY CARE PROVIDER TO THE APPLICANT, ASSISTANT, EMPLOY-
EE  OR VOLUNTEER THAT THE CHILD DAY CARE PROVIDER HAS BEEN MADE AWARE OF
SUCH FAILURE TO DISCLOSE OR  FALSIFICATION.  THE  APPLICANT,  ASSISTANT,
EMPLOYEE  OR  VOLUNTEER SHALL BE ENTITLED TO A HEARING BEFORE THE OFFICE
TO  CONTEST  THE  ALLEGATIONS  REGARDING  FALSIFICATION  OR  FAILURE  TO
DISCLOSE. SUCH HEARING MUST BE SCHEDULED TO COMMENCE AS SOON AS POSSIBLE
BUT  IN  NO EVENT LATER THAN THIRTY DAYS AFTER THE RECEIPT BY THE OFFICE
OF THE REQUEST FOR A HEARING MADE BY THE APPLICANT, ASSISTANT,  EMPLOYEE
OR  VOLUNTEER.  DENIAL OR DISCHARGE SHALL CONTINUE UNTIL A HEARING DECI-
SION HAS BEEN ISSUED.  IF THE OFFICE DETERMINES AFTER A HEARING THAT THE
DENIAL OR DISCHARGE WAS PROPER, SUCH DENIAL OR  DISCHARGE  SHALL  BECOME
FINAL. THE OFFICE SHALL REVOKE SUCH DENIAL OR DISCHARGE IF, IN ITS ABSO-
LUTE  DISCRETION,  IT DEEMS THAT IN THE INTEREST OF JUSTICE, SUCH DENIAL
OR DISCHARGE SHOULD BE REVOKED.
  S 2. Section 390 of the social services law is amended by adding a new
subdivision 10-b to read as follows:
  10-B. ANY PERSON WHO APPLIES FOR A LICENSE TO OPERATE A CHILD DAY CARE
CENTER OR GROUP FAMILY DAY CARE PROGRAM, OR ANY PERSON WHO  APPLIES  FOR
REGISTRATION TO OPERATE A FAMILY DAY CARE HOME, CHILD DAY CARE CENTER OR
SCHOOL-AGE  CHILD  CARE  PROGRAM  AND  ANY OPERATOR OF A FAMILY DAY CARE
HOME, GROUP FAMILY DAY CARE HOME,  SCHOOL-AGE  CHILD  CARE  PROGRAM,  OR
CHILD  DAY  CARE  CENTER OR ANY ASSISTANT, EMPLOYEE OR VOLUNTEER IN SUCH
HOMES, PROGRAMS OR CENTERS, OR ANY PERSONS OVER THE AGE OF EIGHTEEN  WHO
RESIDE  IN  SUCH  HOMES  SHALL  BE  SUBJECT  TO  SCREENING PROCEDURES AS
PROVIDED BY THIS SUBDIVISION.
 FOR PURPOSES OF THIS SUBDIVISION, PERSONS APPLYING  FOR  A  LICENSE  OR
REGISTRATION  SHALL  BE  COLLECTIVELY  REFERRED  TO  AS  APPLICANTS, AND
PERSONS WHO ARE NOT APPLICANTS SHALL  BE  COLLECTIVELY  REFERRED  TO  AS
PERSONNEL.
  (A)  SCREENING  FOR  APPLICANTS  SHALL BE CARRIED OUT BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH RULES AND REGULATIONS OF
THE COMMISSIONER OF THE OFFICE AND SHALL INCLUDE, BUT NOT BE LIMITED  TO
(1) FINGERPRINTING; (2) REVIEW OF CRIMINAL CONVICTIONS AND PENDING CRIM-
INAL  ACTIONS,  PROVIDED  THAT  THE  OFFICE  SHALL NOT DENY A LICENSE OR

S. 353                              3

REGISTRATION OF AN APPLICANT WHO IS THE SUBJECT OF  A  PENDING  CRIMINAL
ACTION,  BUT SHALL DEFER DECISION ON SUCH APPLICANT UNTIL DISPOSITION OF
THE PENDING CRIMINAL ACTION; AND (3) INQUIRE WITH THE STATEWIDE  CENTRAL
REGISTER  OF CHILD ABUSE AND MALTREATMENT. UPON COMPLETION BY THE OFFICE
OF THE PROCEDURES SET FORTH IN SUBPARAGRAPHS ONE, TWO AND THREE OF  THIS
PARAGRAPH, IT SHALL DEFER DECISION ON SUCH APPLICANT'S LICENSE OR REGIS-
TRATION  UNTIL  THE  OFFICE  IS  IN RECEIPT OF SUCH INFORMATION FROM THE
DIVISION OF CRIMINAL JUSTICE SERVICES AND FROM THE STATE CENTRAL  REGIS-
TER  OF  CHILD  ABUSE  AND  MALTREATMENT.  IN THE EVENT SUCH INFORMATION
REVEALS THE EXISTENCE OF ANY FELONY CONVICTION SET FORTH IN  SUBDIVISION
TEN  OF  THIS SECTION OR IF THE APPLICANT IS THE SUBJECT OF AN INDICATED
CHILD ABUSE AND MALTREATMENT REPORT, SUCH APPLICANT'S APPLICATION FOR  A
LICENSE  OR REGISTRATION SHALL BE DENIED. ALL CURRENT CHILD CARE PROVID-
ERS SHALL BE SUBJECT TO THE SCREENING PROCEDURES SET FORTH IN THIS PARA-
GRAPH AND A FINDING OF THE EXISTENCE OF ANY OF  THE  FELONY  CONVICTIONS
SET  FORTH  IN  SUBDIVISION  TEN  OF  THIS SECTION OR A FINDING THAT THE
APPLICANT IS THE SUBJECT OF AN INDICATED CHILD  ABUSE  AND  MALTREATMENT
REPORT,  SUCH  CHILD  CARE  PROVIDER'S  LICENSE OR REGISTRATION SHALL BE
IMMEDIATELY REVOKED UPON WRITTEN NOTICE TO THE CHILD CARE PROVIDER.
  (B) (1) EACH CHILD CARE PROVIDER SHALL BE RESPONSIBLE FOR THE RECRUIT-
MENT OF APPROPRIATE PERSONNEL,  THE  VERIFICATION  OF  CREDENTIALS,  THE
GATHERING  OF  PERSONAL  AND  EMPLOYMENT  REFERENCES,  AND SELECTION AND
HIRING OF ALL PERSONNEL NECESSARY TO FURNISH CHILD CARE SERVICES.   EACH
CHILD  DAY  CARE PROVIDER AND THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL COOPERATE WITH REGARD TO THE SCREENING OF ALL CURRENT AND PROSPEC-
TIVE PERSONNEL. THE METHOD OF SCREENING SHALL BE ACCOMPLISHED IN ACCORD-
ANCE WITH RULES AND REGULATIONS  OF  THE  COMMISSIONER  OF  THE  OFFICE.
SCREENING  SHALL INCLUDE, BUT NOT BE LIMITED TO (I) FINGERPRINTING; (II)
REVIEW OF CRIMINAL CONVICTIONS AND PENDING  CRIMINAL  ACTIONS,  PROVIDED
THAT  THE  CHILD  CARE  PROVIDER SHALL NOT DISMISS OR PERMANENTLY DENY A
POSITION TO CURRENT AND PROSPECTIVE PERSONNEL WHO ARE SUBJECTS OF  PEND-
ING  CRIMINAL  ACTIONS,  BUT MAY SUSPEND SUCH CURRENT PERSONNEL OR DEFER
DECISIONS ON SUCH PROSPECTIVE PERSONNEL UNTIL DISPOSITION OF THE PENDING
CRIMINAL ACTION; AND (III) INQUIRY WITH THE STATEWIDE  CENTRAL  REGISTER
OF CHILD ABUSE AND MALTREATMENT.
  IN  THE  EVENT  SUCH  INQUIRY  REVEALS  THE  EXISTENCE  OF  ANY FELONY
CONVICTION SET FORTH IN SUBDIVISION TEN OF THIS SECTION  CONCERNING  ANY
CURRENT  OR  PROSPECTIVE  PERSONNEL  OR  IF  ANY  CURRENT OR PROSPECTIVE
PERSONNEL IS THE SUBJECT OF AN INDICATED CHILD  ABUSE  AND  MALTREATMENT
REPORT, SUCH CURRENT PERSONNEL SHALL BE DISCHARGED FROM HIS OR HER POSI-
TION AND SUCH PROSPECTIVE PERSONNEL'S APPLICATION FOR EMPLOYMENT, VOLUN-
TEER  WORK  OR  OTHER  ACTIVITY  WITH  THE  CHILD CARE PROVIDER SHALL BE
DENIED. PERSONNEL DISCHARGED AND PROSPECTIVE  PERSONNEL  WHOSE  APPLICA-
TIONS  HAVE  BEEN DENIED PURSUANT TO THIS SUBPARAGRAPH SHALL BE ENTITLED
TO A HEARING BEFORE THE OFFICE TO CONTEST SUCH DISCHARGE OR DENIAL. SUCH
HEARING MUST BE SCHEDULED TO COMMENCE AS SOON  AS  POSSIBLE  BUT  IN  NO
EVENT  LATER  THAN  THIRTY  DAYS  AFTER THE RECEIPT BY THE OFFICE OF THE
REQUEST FOR A HEARING MADE BY SUCH PERSONNEL OR  PROSPECTIVE  PERSONNEL.
IF  THE  OFFICE DETERMINES AFTER A HEARING THAT SUCH DENIAL OR DISCHARGE
WAS PROPER, SUCH DENIAL OR DISCHARGE SHALL BECOME FINAL.
  (2) AS A CONDITION OF EMPLOYMENT AND CONTINUED EMPLOYMENT,  THE  CHILD
CARE PROVIDER SHALL OBTAIN WRITTEN CONSENT FROM ALL CURRENT AND PROSPEC-
TIVE  CHILD  CARE  SERVICES  PERSONNEL  FOR  FINGERPRINTING AND CRIMINAL
RECORD REVIEW. DENIAL OF SUCH CONSENT SHALL REQUIRE DISMISSAL OR REFUSAL
TO HIRE.

S. 353                              4

  (3) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL REQUIRE APPROPRI-
ATE DOCUMENTATION FROM THE CHILD  CARE  PROVIDER  INDICATING  COMPLIANCE
WITH  THIS  PARAGRAPH. ANY CHILD CARE PROVIDER, WHO, WITH KNOWLEDGE THAT
ANY CURRENT OR PROSPECTIVE PERSONNEL WOULD BE DISQUALIFIED FROM  EMPLOY-
MENT  PURSUANT  TO  THE PROVISIONS OF THIS PARAGRAPH, WILFULLY OR INTEN-
TIONALLY FAILS TO COMPLY WITH THIS PARAGRAPH SHALL  BE  SUBJECT  TO  THE
IMMEDIATE  REVOCATION  OF  HIS OR HER LICENSE OR REGISTRATION. ANY CHILD
CARE PROVIDER,  WHO,  WITHOUT  KNOWLEDGE  THAT  CURRENT  OR  PROSPECTIVE
PERSONNEL   WOULD  BE  DISQUALIFIED  FROM  EMPLOYMENT  PURSUANT  TO  THE
PROVISIONS OF THIS PARAGRAPH, FAILS TO COMPLY  WITH  THE  PROVISIONS  OF
THIS  PARAGRAPH SHALL BE SUBJECT TO THE IMMEDIATE ONE YEAR SUSPENSION OF
HIS OR HER LICENSE OR REGISTRATION.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that the adoption, amendment, suspension or repeal of any rule or  regu-
lation  necessary  for timely implementation of this act is directed and
authorized to be completed on or before such effective date.