Assembly Bill A11242

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11242
 
                           I N  A S S E M B L Y
 
                               June 17, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Jaffee) --
   read once and referred to the Committee on Children and Families
 
 AN ACT to amend the social services law,  in  relation  to  the  initial
   period  of  licensure  or registration and required inspections, back-
   ground clearances and training for child care providers; and to repeal
   certain provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 1 of
 section 390 of the social services law, as added by chapter 750  of  the
 laws of 1990, is amended to read as follows:
   (i)  "Child  day care" shall mean CHILD CARE WHERE A LICENSE OR REGIS-
 TRATION PURSUANT TO THIS SECTION IS REQUIRED AND SHALL INCLUDE care  for
 a  child on a regular basis provided away from the child's residence for
 less than twenty-four hours per day  by  someone  other  than:  (1)  the
 parent,  step-parent,  guardian,  or relative within the third degree of
 consanguinity of the parents or step-parents of such child;  OR  (2)  AN
 ENROLLED  LEGALLY-EXEMPT  PROVIDER AS SUCH  TERM IS DEFINED IN PARAGRAPH
 (G) OF THIS SUBDIVISION.
   § 2. Subdivision 1 of section  390  of  the  social  services  law  is
 amended by adding two new paragraphs (g) and (h) to read as follows:
   (G)  "ENROLLED  LEGALLY-EXEMPT PROVIDER" SHALL MEAN A PERSON OR ENTITY
 THAT IS NOT REQUIRED TO BE  LICENSED  OR  REGISTERED  PURSUANT  TO  THIS
 SECTION  AND  THAT IS ENROLLED TO PROVIDE SUBSIDIZED CHILD CARE SERVICES
 TO ELIGIBLE FAMILIES IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE AND
 THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (H) "RELATIVE ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL MEAN AN ENROLLED
 LEGALLY-EXEMPT PROVIDER WHO IS AN INDIVIDUAL, AGE EIGHTEEN OR OLDER, AND
 WHO, BY VIRTUE OF BLOOD, MARRIAGE OR COURT DECREE, IS,  TO  ALL  OF  THE
 CHILDREN  THAT  SUCH PERSON IS ENROLLED TO PROVIDE SUBSIDIZED CHILD CARE
 SERVICES TO IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE:
   (I) A GRANDPARENT;
   (II) A GREAT-GRANDPARENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14334-06-8

 A. 11242                            2
 
   (III) A SIBLING PROVIDED THAT  SUCH  SIBLING  RESIDES  IN  A  SEPARATE
 HOUSEHOLD FROM THE CHILD;
   (IV) AN AUNT; OR
   (V) AN UNCLE.
   §  3.  Paragraph  (a)  of  subdivision  2 of section 390 of the social
 services law, as amended by chapter 117 of the laws of 2010, is  amended
 to read as follows:
   (a) Child day care centers caring for seven or more children and group
 family day care programs, as defined in subdivision one of this section,
 shall  obtain  a license from the office of children and family services
 and shall operate in accordance with the terms of such license  and  the
 regulations of such office. Initial licenses [shall be valid for a peri-
 od  of  up  to  two years;] AND subsequent licenses shall be valid for a
 period of up to four years so long as the provider remains substantially
 in compliance with applicable law and regulations during such period.
   § 4. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2
 of section 390 of the social services law, as amended by chapter 117  of
 the laws of 2010, is amended to read as follows:
   (A)  Initial  registrations  [shall be valid for a period of up to two
 years,] AND subsequent registrations shall be valid for a period  of  up
 to  four  years so long as the provider remains substantially in compli-
 ance with applicable law and regulations during such period.
   § 5. Paragraphs (a) and (b) of subdivision 3 of  section  390  of  the
 social services law, paragraph (a) as amended by chapter 416 of the laws
 of  2000,  and  paragraph  (b)  as amended by chapter 117 of the laws of
 2010, are amended to read as follows:
   (a) The office of children and family services may make  announced  or
 unannounced  inspections  of the records and premises of any child [day]
 care provider, whether or not such provider has a license  from,  or  is
 registered with, the office of children and family services.  The office
 of  children  and  family services shall make unannounced inspections of
 the records and premises of any child day care provider  within  fifteen
 days  after  the  office  of  children  and  family  services receives a
 complaint that, if true, would indicate such provider  does  not  comply
 with  the  APPLICABLE  regulations  of the office of children and family
 services or with statutory requirements. If the complaint indicates that
 there may be imminent danger to the children, the office of children and
 family services shall investigate the complaint no later than  the  next
 day  of  operation  of  the  provider. The office of children and family
 services may provide for inspections through the purchase of services.
   (b) (I) Where inspections have been made and violations of  applicable
 statutes  or  regulations  have  been  found, the office of children and
 family services shall within ten days advise the child day care provider
 in writing of the violations and require the provider  to  correct  such
 violations.  The  office  of  children  and family services may also act
 pursuant to subdivisions ten and eleven of this section.
   (II) WHERE INSPECTIONS HAVE BEEN MADE  AND  VIOLATIONS  OF  APPLICABLE
 STATUTES  OR  REGULATIONS  HAVE  BEEN  FOUND, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES OR ITS DESIGNEE  SHALL,  WITHIN  TEN  DAYS,  ADVISE  THE
 ENROLLED  LEGALLY-EXEMPT  PROVIDER  IN  WRITING  OF  THE  VIOLATIONS AND
 REQUIRE THE PROVIDER TO CORRECT SUCH VIOLATIONS.
   § 6. Paragraph (a) of subdivision 4  of  section  390  of  the  social
 services  law, as amended by chapter 416 of the laws of 2000, is amended
 to read as follows:
   (a) The office of children and family  services  on  an  annual  basis
 shall inspect [at least twenty percent of all registered family day care

 A. 11242                            3

 homes, registered child day care centers and registered school age child
 care  programs to determine whether such homes, centers and programs are
 operating in compliance with applicable statutes  and  regulations.  The
 office  of children and family services shall increase the percentage of
 family day care homes, child day care centers and school age child  care
 programs which are inspected pursuant to this subdivision as follows: to
 at  least  thirty  percent by the thirty-first of December two thousand;
 and to at least fifty percent by the thirty-first of December two  thou-
 sand  one]  ALL  CHILD DAY CARE PROGRAMS AND ALL ENROLLED LEGALLY-EXEMPT
 PROVIDERS OTHER THAN RELATIVE  ENROLLED  LEGALLY-EXEMPT  PROVIDERS.  The
 office  of children and family services may provide for such inspections
 through purchase of services. [Priority shall be  given  to  family  day
 care  homes which have never been licensed or certified prior to initial
 registration.]
   § 7. Subdivision 3 of section 390-a of the  social  services  law,  as
 amended  by chapter 416 of the laws of 2000, paragraph (b) as amended by
 chapter 552 of the laws of 2003, subparagraph (ix) as amended by chapter
 117 of the laws of 2010, is amended to read as follows:
   3. (a) The office of children and  family  services  shall  promulgate
 regulations   requiring  operators,  program  directors,  employees  and
 assistants of family day  care  homes,  group  family  day  care  homes,
 school-age  child  care  programs  and child day care centers to receive
 PRE-SERVICE AND ANNUAL TRAINING, AS APPLICABLE.  PROVIDED  HOWEVER  THAT
 SUCH  PROVIDERS  SHALL  BE  REQUIRED TO RECEIVE thirty hours of training
 every two years; provided, FURTHER however, that fifteen hours  of  such
 training  must  be  received  within the first six months of the initial
 licensure, registration or employment. Such training requirements  shall
 also  apply to any volunteer in such day care homes, programs or centers
 who has the potential for regular and substantial contact with children.
 The thirty hours of training required during the  first  biennial  cycle
 after  initial licensure or registration shall include training received
 while an application for licensure or registration pursuant  to  section
 three  hundred  ninety  of this title is pending. The office of children
 and family services  may  provide  this  training  through  purchase  of
 services.
   (b)  The  training required in paragraph (a) of this subdivision shall
 address TOPICS AND SUBJECT MATTERS  REQUIRED  BY  FEDERAL  LAW  AND  the
 following  topics  OR  SUBJECT  MATTERS,  UNLESS  SUCH TOPICS OR SUBJECT
 MATTERS ARE SUBSTANTIALLY COVERED IN TRAINING THAT IS REQUIRED  PURSUANT
 TO FEDERAL LAW:
   (i) principles of childhood development, focusing on the developmental
 stages of the age groups for which the program provides care;
   (ii) nutrition and health needs of infants and children;
   (iii) child day care program development;
   (iv) safety and security procedures;
   (v) business record maintenance and management;
   (vi) child abuse and maltreatment identification and prevention;
   (vii) statutes and regulations pertaining to child day care;
   (viii)   statutes  and  regulations  pertaining  to  child  abuse  and
 maltreatment; and
   (ix) for operators, program directors,  employees  and  assistants  of
 family  day  care  homes, group family day care homes and child day care
 centers, education and information on the identification, diagnosis  and
 prevention of shaken baby syndrome.
   (c)  For  the  thirty  hours  of  biennial training required after the
 initial period of licensure  or  registration,  each  provider  who  can

 A. 11242                            4

 demonstrate  basic  competency shall determine in which of the specified
 topics he or she needs further study, based on the provider's experience
 and the needs of the children in the provider's care.
   (d)  Family  day  care  home  and group family day care home operators
 shall obtain training pertaining to protection of the health and  safety
 of  children,  as  required  by  regulation,  prior to the issuance of a
 license or registration by the office of children and family services.
   (e) Upon request by the office of children and  family  services,  the
 child  day  care applicant or provider shall submit documentation demon-
 strating compliance with the training requirements of this section.
   § 8. The section heading 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:
   Criminal history  review  AND  BACKGROUND  CLEARANCES  of  child  care
 providers, generally.
   §  9.  Subdivisions 1, 2 and 3 of section 390-b of the social services
 law are REPEALED and five new subdivisions 1, 1-a,  2,  3  and  3-a  are
 added to read as follows:
   1.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, AND
 SUBJECT TO RULES AND REGULATIONS OF THE OFFICE OF  CHILDREN  AND  FAMILY
 SERVICES  AND,  WHERE  APPLICABLE,  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES, THE FOLLOWING CLEARANCES SHALL BE CONDUCTED FOR ENTITIES SPEC-
 IFIED IN SUBDIVISION TWO OF THIS SECTION  IN  THE  TIME  AND  MANNER  AS
 REQUIRED BY THIS SECTION:
   (A)  A  CRIMINAL  HISTORY  RECORD  CHECK WITH THE DIVISION OF CRIMINAL
 JUSTICE SERVICES;
   (B) A SEARCH OF THE CRIMINAL HISTORY REPOSITORY IN  EACH  STATE  OTHER
 THAN  NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING
 FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S  CRIMINAL  HISTORY  RECORD
 INFORMATION  WILL  BE  PROVIDED  AS PART OF THE RESULTS OR THE CLEARANCE
 CONDUCTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION;
   (C) A NATIONAL CRIMINAL RECORD CHECK WITH THE FEDERAL BUREAU OF INVES-
 TIGATION; THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  IS  DIRECTED  TO
 SUBMIT  FINGERPRINTS  TO  THE  FEDERAL  BUREAU  OF INVESTIGATION FOR THE
 PURPOSE OF A NATIONWIDE CRIMINAL HISTORY RECORD CHECK, PURSUANT  TO  AND
 CONSISTENT  WITH  PUBLIC  LAW  113-186 TO DETERMINE WHETHER SUCH PERSONS
 SHALL HAVE A CRIMINAL HISTORY IN ANY STATE OR FEDERAL JURISDICTION;
   (D) A SEARCH OF THE NEW YORK STATE SEX OFFENDER REGISTRY;
   (E) A SEARCH OF ANY STATE SEX OFFENDER REGISTRY OR REPOSITORY IN  EACH
 STATE  OTHER  THAN  NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING
 THE PRECEDING FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S SEX OFFENDER
 REGISTRY INFORMATION WILL BE PROVIDED AS PART OF THE CLEARANCE CONDUCTED
 PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION;
   (F) A SEARCH OF THE NATIONAL SEX OFFENDER REGISTRY USING THE  NATIONAL
 CRIME  AND  INFORMATION  CENTER,  ESTABLISHED UNDER THE ADAM WALSH CHILD
 PROTECTION AND SAFETY ACT OF 2006 (42 U.S.C. 16901 ET SEQ.);
   (G) A DATABASE CHECK OF THE STATEWIDE CENTRAL REGISTER OF CHILD  ABUSE
 AND  MALTREATMENT  IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A
 OF THIS ARTICLE; AND
   (H) A SEARCH OF A STATE-BASED CHILD ABUSE OR NEGLECT REPOSITORY OF ANY
 STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES  OR  RESIDED  DURING
 THE PRECEDING FIVE YEARS; IF APPLICABLE.
   1-A. FOR PURPOSES OF THIS SECTION, AND IN ACCORDANCE WITH FEDERAL LAW,
 THE  TERM "ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL REFER TO A PERSON WHO
 MEETS THE DEFINITION OF "ENROLLED LEGALLY-EXEMPT PROVIDER" AS DEFINED IN
 PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THIS

 A. 11242                            5
 
 TITLE AND WHO IS NOT AN INDIVIDUAL WHO IS RELATED TO  ALL  CHILDREN  FOR
 WHOM CHILD CARE SERVICES ARE PROVIDED.
   2.  IN  RELATION TO ANY CHILD DAY CARE PROGRAM AND ANY ENROLLED LEGAL-
 LY-EXEMPT PROVIDER:
   (A) THE CLEARANCES REQUIRED PURSUANT TO PARAGRAPHS (A), (C),  (D)  AND
 (G) OF SUBDIVISION ONE OF THIS SECTION SHALL BE CONDUCTED FOR:
   (I)  EVERY  PROSPECTIVE  VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED
 CONTACT WITH CHILDREN IN CARE;
   (II) EVERY APPLICANT TO BECOME AN ENROLLED LEGALLY-EXEMPT PROVIDER;
   (III) EVERY PROSPECTIVE CAREGIVER OR EMPLOYEE, INCLUDING DIRECTORS AND
 OPERATORS OF SUCH A PROGRAM; AND
   (IV) WHERE THE CHILD CARE SERVICES WILL BE OR ARE PROVIDED IN  A  HOME
 SETTING  WHERE THE CHILD DOES NOT RESIDE, ANY INDIVIDUAL AGE EIGHTEEN OR
 OLDER WHO, FOR A PROSPECTIVE PROGRAM, RESIDES, OR WHO, FOR  AN  EXISTING
 PROGRAM,  BEGINS  RESIDING ON THE PREMISES WHERE THE CHILD CARE SERVICES
 ARE PROVIDED;
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  PRIOR
 TO OCTOBER FIRST, TWO THOUSAND TWENTY, ALL CLEARANCES LISTED IN SUBDIVI-
 SION  ONE OF THIS SECTION THAT HAVE NOT PREVIOUSLY BEEN CONDUCTED PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND FOR WHICH ON-GOING CRIMINAL
 HISTORY RESULTS ARE NOT ALREADY PROVIDED, SHALL BE CONDUCTED IN  ACCORD-
 ANCE  WITH  A  SCHEDULE  DEVELOPED  BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES, FOR ALL:
   (I) EXISTING VOLUNTEERS WITH THE POTENTIAL  FOR  UNSUPERVISED  CONTACT
 WITH CHILDREN IN CARE;
   (II)  EXISTING CAREGIVERS AND EMPLOYEES INCLUDING DIRECTORS AND OPERA-
 TORS OF ANY SUCH PROGRAM; AND
   (III) WHERE THE CHILD CARE SERVICES ARE PROVIDED  IN  A  HOME  SETTING
 WHERE  THE  CHILD  DOES NOT RESIDE, ANY INDIVIDUAL AGE EIGHTEEN OR OLDER
 WHO RESIDES ON THE PREMISES WHERE THE CHILD CARE SERVICES ARE PROVIDED;
   (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
 CLEARANCES  REQUIRED PURSUANT TO THIS SECTION OTHER THAN THOSE FOR WHICH
 ON-GOING CRIMINAL HISTORY RESULTS ARE PROVIDED, SHALL BE CONDUCTED FOR A
 PERSON LISTED IN SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH  (B)  OF
 THIS  SUBDIVISION  AT  LEAST  ONCE EVERY FIVE YEARS IN ACCORDANCE WITH A
 SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  IN
 RELATION TO THE CLEARANCES REQUIRED PURSUANT THIS SECTION, AN INDIVIDUAL
 OR  A  PROGRAM  SHALL  BE  DEEMED INELIGIBLE, AS SUCH TERM IS DEFINED IN
 PARAGRAPH (B) OF THIS SUBDIVISION, IF SUCH INDIVIDUAL:
   (I) REFUSES TO CONSENT TO SUCH CLEARANCE;
   (II) KNOWINGLY MAKES A MATERIALLY FALSE STATEMENT IN  CONNECTION  WITH
 SUCH A CLEARANCE;
   (III)  IS  REGISTERED, OR IS REQUIRED TO BE REGISTERED, ON A STATE SEX
 OFFENDER REGISTRY OR REPOSITORY OR THE NATIONAL  SEX  OFFENDER  REGISTRY
 ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006
 (42 U.S.C. 16901 ET SEQ.); OR
   (IV)  HAS  BEEN CONVICTED OF A CRIME ENUMERATED IN SUBPARAGRAPH (E) OR
 CLAUSES (I) THROUGH (VIII) OF  SUBPARAGRAPH  (D)  OF  PARAGRAPH  (1)  OF
 SUBDIVISION (C) OF 42 U.S.C. 9858F.
   (B) FOR PURPOSE OF THIS SUBDIVISION, THE TERM "INELIGIBLE" SHALL MEAN:
   (I)  THE  INDIVIDUAL WHO ENGAGED IN CONDUCT LISTED IN PARAGRAPH (A) OF
 THIS SUBDIVISION SHALL NOT BE PERMITTED TO:
   (1) OPERATE, DIRECT, BE THE CAREGIVER FOR, OR BE EMPLOYED BY  A  CHILD
 DAY CARE PROGRAM OR AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR

 A. 11242                            6
 
   (2)  BE  A  VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH
 CHILDREN IN A CHILD DAY CARE PROGRAM OR WITH AN ENROLLED  LEGALLY-EXEMPT
 PROVIDER; OR
   (3) BE AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR
   (II)  IN  RELATION TO CHILD DAY CARE PROGRAMS OR ANY ENROLLED LEGALLY-
 EXEMPT PROVIDERS, WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, TO
 A CHILD IN A HOME SETTING WHERE SUCH CHILD DOES NOT RESIDE, SUCH PROGRAM
 OR PROVIDER SHALL NOT BE ELIGIBLE TO OPERATE OR TO BE ENROLLED TO  SERVE
 CHILDREN RECEIVING CHILD CARE SUBSIDIES PURSUANT TO TITLE FIVE-C OF THIS
 ARTICLE,  IF  AN  INDIVIDUAL OVER THE AGE OF EIGHTEEN WHO RESIDES IN THE
 HOUSEHOLD WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, ENGAGED IN
 CONDUCT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   3-A. (A) IN RELATION TO CHILD  DAY  CARE  PROGRAMS  AND  ANY  ENROLLED
 LEGALLY-EXEMPT  PROVIDER,  WHEN  A  CLEARANCE CONDUCTED PURSUANT TO THIS
 SECTION REVEALS THAT ANY  EXISTING  OPERATOR,  DIRECTOR,  CAREGIVER,  OR
 PERSON  OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE CHILD CARE
 IS PROVIDED IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE  HAS  BEEN
 CONVICTED  OF  A  CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF
 PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, THE OFFICE OF  CHIL-
 DREN  AND  FAMILY  SERVICES  SHALL  CONDUCT  A  SAFETY ASSESSMENT OF THE
 PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND  SAFETY
 OF  THE CHILDREN IN THE PROGRAM, AND MAY DENY, LIMIT, SUSPEND, REVOKE OR
 REJECT SUCH PROGRAM'S LICENSE OR REGISTRATION  OR  TERMINATE  OR  REJECT
 SUCH  PROGRAM'S ENROLLMENT, AS APPLICABLE, UNLESS THE OFFICE OF CHILDREN
 AND FAMILY SERVICES, DETERMINES IN ITS DISCRETION, THAT CONTINUED OPERA-
 TION BY THE CHILD DAY CARE PROGRAM OR ENROLLED  LEGALLY-EXEMPT  PROVIDER
 WILL  NOT  IN  ANY  WAY  JEOPARDIZE THE HEALTH, SAFETY OR WELFARE OF THE
 CHILDREN CARED FOR IN THE PROGRAM OR BY THE PROVIDER.
   (B) IN RELATION TO CHILD DAY CARE PROGRAMS AND ANY  ENROLLED  LEGALLY-
 EXEMPT  PROVIDER,  WHEN  A  CLEARANCE CONDUCTED PURSUANT TO THIS SECTION
 REVEALS THAT ANY EXISTING EMPLOYEE OR VOLUNTEER WITH THE  POTENTIAL  FOR
 UNSUPERVISED  CONTACT  WITH CHILDREN HAS BEEN CONVICTED OF A CRIME OTHER
 THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF  SUBDIVISION
 THREE  OF  THIS SECTION, THE OFFICE OF CHILDREN OF FAMILY SERVICES SHALL
 CONDUCT A SAFETY ASSESSMENT OF THE  PROGRAM  AND  TAKE  ALL  APPROPRIATE
 STEPS  TO  PROTECT THE HEALTH AND SAFETY OF THE CHILDREN IN THE PROGRAM.
 THE OFFICE OF CHILDREN OF FAMILY SERVICES  MAY  DIRECT  THE  PROGRAM  OR
 PROVIDER  TO  TERMINATE  THE  EMPLOYEE  OR  VOLUNTEER  BASED  ON  SUCH A
 CONVICTION, CONSISTENT WITH ARTICLE  TWENTY-THREE-A  OF  THE  CORRECTION
 LAW.
   (C) IN RELATION TO ANY CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGAL-
 LY-EXEMPT  PROVIDERS OR ANY APPLICANTS TO BECOME AN ENROLLED LEGALLY-EX-
 EMPT PROVIDER, WHERE A CLEARANCE  CONDUCTED  PURSUANT  TO  THIS  SECTION
 REVEALS  A  CONVICTION  FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARA-
 GRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF  THIS  SECTION,  FOR
 ANY  PROSPECTIVE  EMPLOYEE,  VOLUNTEER, OR APPLICANT SEEKING ENROLLMENT,
 THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY DIRECT THAT  SUCH  PERSON
 NOT  BE HIRED OR BE ENROLLED, AS APPLICABLE, BASED ON SUCH A CONVICTION,
 CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
   (D) (I) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS  SECTION  REVEALS
 THAT  AN  APPLICANT  TO  BE THE OPERATOR OR DIRECTOR OF A CHILD DAY CARE
 PROGRAM, OR ANYONE WHO RESIDES IN THE HOME  OVER  THE  AGE  OF  EIGHTEEN
 WHERE  CHILD  DAY CARE IS PROPOSED TO BE PROVIDED TO CHILDREN IN A HOME-
 BASED SETTING HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN  AND
 FAMILY  SERVICES SHALL HOLD THE APPLICATION IN ABEYANCE UNTIL THE CHARGE
 IS FINALLY RESOLVED.

 A. 11242                            7
 
   (II) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT
 THE CURRENT OPERATOR OR DIRECTOR OF A CHILD  DAY  CARE  PROGRAM  OR  ANY
 PERSON  OVER  THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE CHILD DAY
 CARE IS PROVIDED HAS BEEN CHARGED WITH A CRIME, THE OFFICE  OF  CHILDREN
 AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND
 TAKE  ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF CHILDREN
 IN THE PROGRAM. THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY SUSPEND A
 LICENSE OR REGISTRATION OR TERMINATE ENROLLMENT BASED ON SUCH  A  CHARGE
 WHEN  NECESSARY  TO  PROTECT  THE  HEALTH  AND SAFETY OF CHILDREN IN THE
 PROGRAM.
   (III) WHERE A CLEARANCE CONDUCTED PURSUANT  TO  THIS  SECTION  REVEALS
 THAT  AN  EXISTING  CAREGIVER,  VOLUNTEER  OR AN EXISTING EMPLOYEE OF AN
 ENROLLED LEGALLY-EXEMPT PROVIDER OR ANY PERSON OVER THE AGE OF  EIGHTEEN
 THAT  RESIDES  IN  A  HOME  WHERE  CHILD CARE IS PROVIDED BY AN ENROLLED
 LEGALLY-EXEMPT PROVIDER IN A HOME  SETTING  WHERE  THE  CHILD  DOES  NOT
 RESIDE, HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY
 SERVICES SHALL TAKE ONE OR MORE OF THE FOLLOWING STEPS:
   (A) CONDUCT A SAFETY ASSESSMENT; OR
   (B)  TAKE  ALL  APPROPRIATE  STEPS TO PROTECT THE HEALTH AND SAFETY OF
 CHILDREN IN THE PROGRAM.
   (IV) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT
 AN APPLICANT TO BE AN EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR UNSU-
 PERVISED CONTACT WITH CHILDREN OF A CHILD  DAY  CARE  PROGRAM  HAS  BEEN
 CHARGED  WITH A CRIME, THE OFFICE SHALL HOLD THE APPLICATION IN ABEYANCE
 UNTIL THE CHARGE IS FINALLY RESOLVED.
   (V) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS  THAT
 A CURRENT EMPLOYEE, OR CURRENT VOLUNTEER WITH THE POTENTIAL FOR UNSUPER-
 VISED  CONTACT  WITH  CHILDREN  OF  A CHILD DAY CARE PROGRAM OR ENROLLED
 LEGALLY-EXEMPT PROVIDER HAS BEEN CHARGED WITH A  CRIME,  THE  OFFICE  OF
 CHILDREN  AND  FAMILY  SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE
 PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND  SAFETY
 OF THE CHILDREN IN THE PROGRAM.
   §  10.  Subdivision  6  of section 390-b of the social services law is
 REPEALED and a new subdivision 6 is added to read as follows:
   6. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PAY  ANY  REQUIRED
 PROCESSING FEE FOR A CRIMINAL HISTORY OR SEX OFFENDER CLEARANCE PURSUANT
 TO  THIS  SECTION.  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES SHALL
 PROMPTLY SUBMIT FINGERPRINTS OBTAINED PURSUANT TO THIS SECTION AND  SUCH
 PROCESSING FEE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   §  11.  Subdivision  7 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:
   7. Where the office of children and family services  OR  ITS  DESIGNEE
 DENIES OR directs a child day care OR AN ENROLLED LEGALLY-EXEMPT provid-
 er  to  deny an application based on the criminal history record[,]; (A)
 the provider must notify the applicant that such record is the basis  of
 the  denial;  AND  (B)  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
 ALSO NOTIFY AS THE CASE MAY BE, SUCH CURRENT  OR  PROSPECTIVE  OPERATOR,
 DIRECTOR,  EMPLOYEE,  ASSISTANT, LEGALLY EXEMPT PROVIDER, VOLUNTEER WITH
 THE POTENTIAL FOR UNSUPERVISED CONTACT WITH  CHILDREN  OR  OTHER  PERSON
 EIGHTEEN  YEARS  OF  AGE OR OLDER, WHO RESIDES IN THE HOME WHERE CARE IS
 PROVIDED, OTHER THAN THE CHILD'S HOME, THAT THE  CRIMINAL  RECORD  CHECK
 WAS  THE  BASIS FOR THE DENIAL OF CLEARANCE AND SHALL PROVIDE SUCH INDI-
 VIDUAL WITH A COPY OF THE RESULTS OF THE NATIONAL CRIMINAL RECORD  CHECK
 UPON  WHICH  SUCH  DENIAL  WAS  BASED  TOGETHER WITH A WRITTEN STATEMENT
 SETTING FORTH THE REASONS FOR SUCH DENIAL, AS WELL AS A COPY OF  ARTICLE
 TWENTY-THREE-A  OF  THE CORRECTION LAW AND INFORM SUCH INDIVIDUAL OF HIS

 A. 11242                            8
 
 OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT  INFORMATION  CONTAINED
 IN SUCH NATIONAL RECORD CHECK PROVIDED BY THE FEDERAL BUREAU OF INVESTI-
 GATION.
   §  12.  Subdivisions  9 and 10 of section 390-b of the social services
 law, as added by chapter 416 of the laws of 2000, are amended and a  new
 subdivision 11 is added to read as follows:
   9.  (A) Any criminal history record provided by the division of crimi-
 nal justice services, and any summary of  the  criminal  history  record
 provided  by  the office of children and family services to a [child day
 care provider]  PERSON  THAT  RECEIVES  A  CLEARANCE  pursuant  to  this
 section,   is  confidential  and  shall  not  be  available  for  public
 inspection; provided, however, nothing herein shall prevent [a child day
 care provider or] the  office  of  children  and  family  services  from
 disclosing  criminal history information OR THE INDIVIDUAL FROM DISCLOS-
 ING HIS OR HER CRIMINAL HISTORY INFORMATION  at  any  administrative  or
 judicial  proceeding relating to the denial or revocation of an applica-
 tion, employment, license or registration. The  subject  of  a  criminal
 history  review  conducted pursuant to this section shall be entitled to
 receive, upon written request, a copy of the  summary  of  the  criminal
 history  record  [provided by the office of children and family services
 to the child day  care  provider].    Unauthorized  disclosure  of  such
 records or reports shall BE subject [the provider] to civil penalties in
 accordance  with  the  provisions of subdivision eleven of section three
 hundred ninety of this title.
   (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT  RELEASE  THE
 CONTENT  OF  THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK
 CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS
 SUBDIVISION TO ANY NON-PUBLIC ENTITY.
   10. A child day care OR ENROLLED LEGALLY-EXEMPT provider shall  advise
 the  office  of  children  and family services when an individual who is
 subject to criminal history record review in accordance with subdivision
 one or two of this section is no longer  subject  to  such  review.  The
 office  of  children  and  family  services shall inform the division of
 criminal justice services when an individual who is subject to  criminal
 history  review is no longer subject to such review so that the division
 of criminal justice services may terminate its  retain  processing  with
 regard  to such person. At least once a year, the office of children and
 family services will be required to conduct a validation of the  records
 maintained by the division of criminal justice services.
   11.  CHILD DAY CARE CENTERS WHICH ARE NOT SUBJECT TO THE PROVISIONS OF
 SECTION THREE HUNDRED NINETY OF THIS TITLE SHALL NOT BE SUBJECT  TO  THE
 PROVISIONS  OF THIS SECTION, PROVIDED HOWEVER, THAT THE CITY OF NEW YORK
 SHALL REQUIRE THAT SUCH CHILD DAY CARE CENTERS MEET THE REQUIREMENTS  OF
 ANY  FEDERAL  LAWS AND REGULATIONS PERTAINING TO THE CHILD CARE DEVELOP-
 MENT AND BLOCK GRANT AND THE RELATED FEDERALLY  APPROVED  PLANS  OF  THE
 STATE OF NEW YORK.
   §  13.  Subparagraph  (z) of paragraph (A) of subdivision 4 of section
 422 of the social services law, as amended by section 11 of  part  L  of
 chapter 56 of the laws of 2015, is amended to read as follows:
   (z)  an  entity  with  appropriate legal authority in another state to
 license,  certify  or  otherwise  approve  prospective  foster  parents,
 prospective  adoptive  parents,  prospective  relative  guardians  [or],
 prospective successor guardians OR CHILD CARE PROGRAM  where  disclosure
 of information regarding such prospective foster or prospective adoptive
 parents  or  prospective relative or prospective successor guardians and
 other persons over the age of eighteen residing  in  the  home  of  such

 A. 11242                            9
 
 persons  [is]  OR WHERE CHILD CARE IS PROVIDED, AS required under EITHER
 title IV-E of the federal social security act OR THE FEDERAL CHILD  CARE
 AND  DEVELOPMENT  BLOCK  GRANT  ACT (SECTION NINE THOUSAND EIGHT HUNDRED
 FIFTY-EIGHT, ET SEQ. OF TITLE FORTY-TWO OF THE UNITED STATES CODE); and
   §  14.  Paragraph  (a) of subdivision 1 of section 424-a of the social
 services law, as amended by section 12 of part L of chapter  56  of  the
 laws of 2015, is amended to read as follows:
   (a)  A  licensing  agency  shall inquire of the [department] OFFICE OF
 CHILDREN AND FAMILY SERVICES and the [department] OFFICE shall,  subject
 to  the  provisions  of  paragraph  (e) of this subdivision, inform such
 agency and the subject of the inquiry whether an applicant for a certif-
 icate, license, ENROLLMENT or permit, [assistants to group] OR TO BECOME
 AN EMPLOYEE OR VOLUNTEER WITH THE  POTENTIAL  FOR  UNSUPERVISED  CONTACT
 WITH  CHILDREN  IN  CARE OF A family day care [providers] PROVIDER OR AN
 ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN  SUBDIVISION
 ONE-A  OF SECTION THREE HUNDRED NINETY-B OF THIS ARTICLE the director of
 a camp subject to the provisions of article  thirteen-B  of  the  public
 health  law,  a  prospective  successor  guardian  when  a  clearance is
 conducted pursuant to paragraph (d) of subdivision two of  section  four
 hundred  fifty-eight-b  of  this article, and any person over the age of
 eighteen who resides in the home of a person who has applied  to  become
 an  adoptive  parent  or a foster parent or to operate a family day care
 home or group family day care home or any person over the age  of  eigh-
 teen  residing  in  the  home of a prospective successor guardian when a
 clearance is conducted of a prospective successor guardian  pursuant  to
 this  paragraph, OR ANY PERSON AGE EIGHTEEN OR OLDER THAT RESIDES ON THE
 PREMISES OF WHERE CHILD CARE IS PROVIDED IN A SETTING THAT  IS  NOT  THE
 CHILD'S  OWN HOME BY AN ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS
 DEFINED IN SUBDIVISION ONE-A OF SECTION THREE HUNDRED NINETY-B  OF  THIS
 ARTICLE has been or is currently the subject of an indicated child abuse
 and  maltreatment  report on file with the statewide central register of
 child abuse and maltreatment.
   § 15. Subdivision 4 of section 424-a of the social  services  law,  as
 amended  by  section  14 of part L of chapter 56 of the laws of 2015, is
 amended to read as follows:
   4. For purposes of this section, the  term  "licensing  agency"  shall
 mean an authorized agency which has received an application to become an
 adoptive  parent  or an authorized agency which has received an applica-
 tion for a certificate or license to receive, board or  keep  any  child
 pursuant to the provisions of section three hundred seventy-six or three
 hundred  seventy-seven of this article or an authorized agency which has
 received an application from a relative  within  the  second  degree  or
 third  degree  of  consanguinity  of the parent of a child or a relative
 within the second degree or third degree of consanguinity of  the  step-
 parent  of  a  child  or  children,  or  the  child's legal guardian for
 approval to receive, board or keep such child, or an  authorized  agency
 that  conducts  a clearance pursuant to paragraph (d) of subdivision two
 of section four hundred fifty-eight-b of this article,  or  a  state  or
 local governmental agency which receives an application to provide child
 day  care  services  in  a  child day care center, school-age child care
 program, family day care home or group family day care home OR  ENROLLED
 LEGALLY-EXEMPT  PROVIDER AS SUCH TERM IS DEFINED IN SUBDIVISION ONE-A OF
 SECTION  THREE  HUNDRED  NINETY-B  OF  THIS  ARTICLE  pursuant  to   the
 provisions  of  section  three  hundred  ninety  of this article, or the
 department of health and mental hygiene of the city of  New  York,  when
 such department receives an application for a certificate of approval to

 A. 11242                           10
 
 provide  child  day care services in a child day care center pursuant to
 the provisions of the health code of the city of New York, or the office
 of mental health or the office for people with  developmental  disabili-
 ties  when  such office receives an application for an operating certif-
 icate pursuant to the provisions of the mental hygiene law to operate  a
 family care home, or a state or local governmental official who receives
 an  application  for  a permit to operate a camp which is subject to the
 provisions of article thirteen-B of the public health law or the  office
 of  children and family services which has received an application for a
 certificate to receive, board or keep any child at a foster family  home
 pursuant  to  articles nineteen-G and nineteen-H of the executive law or
 any other facility or provider agency, as defined in subdivision four of
 section four hundred eighty-eight of this  chapter,  in  regard  to  any
 licensing  or  certification  function  carried  out by such facility or
 agency.
   § 16. Severability. If any clause, sentence,  paragraph,  subdivision,
 section  or  part contained in any part of this act shall be adjudged by
 any court of competent jurisdiction to be invalid, such  judgment  shall
 not  affect,  impair,  or  invalidate the remained thereof, but shall by
 confined in its operation to the clause, sentence,  paragraph,  subdivi-
 sion, section or part contained in any part thereof directly involved in
 the  controversy  in which such judgment shall have been rendered. It is
 hereby declared to be the intent of the legislature that this act  would
 have  been  enacted  even if such invalid provisions had not be included
 herein.
   § 17. This act shall take effect September 1, 2018; provided, however,
 that section seven of this act shall take effect immediately;  provided,
 further,  that  the office of children and family services is authorized
 to promulgate any rules or regulations necessary for the  implementation
 of this act on its effective date.