Assembly Bill A4881A

2015-2016 Legislative Session

Restricts hiring of child care providers with criminal convictions

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

2015-A4881 - Details

See Senate Version of this Bill:
S1472
Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §390-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2009
2011-2012: S2171
2013-2014: A8079, S4113
2017-2018: A402, S33
2019-2020: A17

2015-A4881 - Summary

Restricts hiring of child care providers with criminal convictions.

2015-A4881 - Bill Text download pdf

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

                                  4881

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

Introduced  by M. of A. PERRY -- read once and referred 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] FOR AN OFFENSE DEFINED IN ARTICLE ONE  HUNDRED  TWENTY,
ONE HUNDRED TWENTY-ONE, 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 DEFINED IN SECTION 230.30 OR  230.32  OF
SUCH  LAW, OR AN OFFENSE COMMITTED UNDER A FORMER PROVISION OF THE PENAL
LAW WHICH WOULD CONSTITUTE A VIOLATION  OF  THE  AFORESAID  ARTICLES  OR
SECTIONS  OF THE PENAL LAW OR ANY OFFENSE COMMITTED IN ANOTHER JURISDIC-
TION WHICH WOULD CONSTITUTE A VIOLATION OF  THE  AFORESAID  ARTICLES  OR
SECTIONS  OF  THE  PENAL LAW, the office of children and family services
shall deny  the  application  [unless  the  office  determines,  in  its

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00577-01-5
              

2015-A4881A (ACTIVE) - Details

See Senate Version of this Bill:
S1472
Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §390-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2009
2011-2012: S2171
2013-2014: A8079, S4113
2017-2018: A402, S33
2019-2020: A17

2015-A4881A (ACTIVE) - Summary

Restricts hiring of child care providers with criminal convictions.

2015-A4881A (ACTIVE) - Bill Text download pdf

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

                                 4881--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Children  and  Families  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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 OR A FELONY CONVICTION  AT  ANY  TIME  FOR  ANY  OFFENSE
COMMITTED  IN  ANOTHER  JURISDICTION  WHICH, IF COMMITTED IN THIS STATE,
WOULD CONSTITUTE A SEX OFFENSE, CRIME AGAINST A CHILD, OR CRIME  INVOLV-
ING  VIOLENCE,  OR  A FELONY CONVICTION WITHIN THE PAST FIVE YEARS FOR A
DRUG-RELATED OFFENSE PURSUANT TO THE PENAL LAW, the office  of  children
and family services shall deny the application [unless the office deter-
mines,  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]; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00577-05-5
              

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