Assembly Bill A4440B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4440
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by M. of A. TITUS, COOK, JAFFEE -- read once and referred to
   the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation  to  the  statewide
   central register for child abuse and maltreatment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3  and  4  of  section  424-a  of  the  social
 services law, subdivision 3 as amended by section 8 of part D of chapter
 501  of  the  laws of 2012 and subdivision 4 as amended by section 14 of
 part L of chapter 56 of the  laws  of  2015,  are  amended  to  read  as
 follows:
   3.  For  purposes  of  this  [section]  TITLE,  the term "provider" or
 "provider agency" shall mean an authorized agency, the office  of  chil-
 dren  and  family services, juvenile detention facilities subject to the
 certification of such office, programs established pursuant  to  article
 nineteen-H of the executive law, non-residential or residential programs
 or facilities licensed or operated by the office of mental health or the
 office  for  people  with  developmental disabilities except family care
 homes, licensed child day care centers, including  head  start  programs
 which are funded pursuant to title V of the federal economic opportunity
 act  of  nineteen  hundred  sixty-four,  as  amended, early intervention
 service established pursuant to section twenty-five hundred forty of the
 public health law, preschool services established  pursuant  to  section
 forty-four  hundred  ten  of  the  education  law, school-age child care
 programs, special act school districts as  enumerated  in  chapter  five
 hundred  sixty-six  of  the  laws  of  nineteen  hundred sixty-seven, as
 amended, programs and facilities licensed by the  office  of  alcoholism
 and  substance  abuse  services, residential schools which are operated,
 supervised or approved by  the  education  department,  CHILD  CARE  AND
 SCHOOL-BASED  PROGRAMS  FOR CHILDREN AGES THREE THOUGH FIVE REGULATED BY
 THE HEALTH CODE OF THE CITY OF NEW YORK, TEMPORARY  EMPLOYMENT  AGENCIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03229-01-7

 A. 4440                             2
 
 PROVIDING  SUBSTITUTE CHILD CARE STAFF TO ANY OTHER PROVIDER AGENCY, AND
 EDUCATIONAL AND TRAINING INSTITUTIONS  ASSIGNING  CHILD  CARE  STAFF  AS
 INTERNS OR RESIDENTS AT ANY OTHER PROVIDER AGENCY, and any other facili-
 ty  or  provider  agency, as defined in subdivision four of section four
 hundred eighty-eight of this chapter, in regard  to  the  employment  of
 staff,  or  use  of  providers  of  goods and services and staff of such
 providers, consultants, interns and volunteers.
   4. For purposes of this [section] TITLE, 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
 application  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  subdivi-
 sion  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
 pursuant to the provisions of section three hundred ninety of this arti-
 cle,  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 provide child day care services in a child day care  center]
 PERMIT  TO  PROVIDE CHILD CARE SERVICES OR RECEIVES A NOTICE OF A SCHOOL
 BASED PROGRAM FOR CHILDREN AGES  THREE  THROUGH  FIVE  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  disabilities
 when  such  office  receives an application for an operating certificate
 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-A OR 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.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4440--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A. TITUS, COOK, JAFFEE, HYNDMAN -- 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 the statewide
   central register for child abuse and maltreatment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 3 of section 424-a of the social services law,
 as  amended by section 3 of part Q of chapter 56 of the laws of 2017, is
 amended to read as follows:
   3. For purposes of  this  [section]  TITLE,  the  term  "provider"  or
 "provider  agency" shall mean: an authorized agency; the office of chil-
 dren and family services; juvenile detention facilities subject  to  the
 certification  of  the  office of children and family services; programs
 established pursuant to article nineteen-H of the executive law; non-re-
 sidential or residential programs or facilities licensed or operated  by
 the  office of mental health or the office for people with developmental
 disabilities except family care homes; licensed child day care  centers,
 including  head  start  programs which are funded pursuant to title V of
 the federal economic opportunity act of nineteen hundred sixty-four,  as
 amended;  early  intervention  service  established  pursuant to section
 twenty-five hundred forty of the public health law;  preschool  services
 established  pursuant to section forty-four hundred ten of the education
 law; school-age child care programs; special  act  school  districts  as
 enumerated  in  chapter  five  hundred sixty-six of the laws of nineteen
 hundred sixty-seven, as amended; programs and facilities licensed by the
 office of alcoholism and substance abuse services;  residential  schools
 which  are operated, supervised or approved by the education department;
 CHILD CARE AND SCHOOL-BASED PROGRAMS FOR  CHILDREN  AGES  THREE  THROUGH
 FIVE  REGULATED  BY  THE  HEALTH CODE OF THE CITY OF NEW YORK, TEMPORARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03229-02-7

 A. 4440--A                          2
 
 EMPLOYMENT AGENCIES PROVIDING SUBSTITUTE CHILD CARE STAFF TO  ANY  OTHER
 PROVIDER  AGENCY,  AND  EDUCATIONAL  AND TRAINING INSTITUTIONS ASSIGNING
 CHILD CARE STAFF AS INTERNS OR RESIDENTS AT ANY OTHER  PROVIDER  AGENCY;
 publicly-funded emergency shelters for families with children, provided,
 however,  for  purposes  of  this section, when the provider or provider
 agency is a publicly-funded emergency shelter for  families  with  chil-
 dren,  then all references in this section to the "potential for regular
 and substantial contact with individuals who are cared for by the  agen-
 cy"  shall  mean  the potential for regular and substantial contact with
 children who are served by such  shelter;  and  any  other  facility  or
 provider  agency, as defined in subdivision four of section four hundred
 eighty-eight of this chapter, in regard to the employment of  staff,  or
 use  of  providers  of  goods  and services and staff of such providers,
 consultants, interns and volunteers.
   § 2. 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] TITLE, 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
 application  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  subdivi-
 sion  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
 pursuant to the provisions of section three hundred ninety of this arti-
 cle,  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 provide child day care services in a child day care  center]
 PERMIT  TO  PROVIDE CHILD CARE SERVICES OR RECEIVES A NOTICE OF A SCHOOL
 BASED PROGRAM FOR CHILDREN AGES  THREE  THROUGH  FIVE  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  disabilities
 when  such  office  receives an application for an operating certificate
 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-A OR 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.
   §  3.  Section 390-b of the social services law is amended by adding a
 new subdivision 11 to read as follows:

 A. 4440--A                          3
 
   11. FOR PURPOSES OF THIS SECTION, AND  NOTWITHSTANDING  SECTION  THREE
 HUNDRED  NINETY  OF THIS ARTICLE, AN OPERATOR OR PROVIDER OF A CHILD DAY
 CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM SHALL  INCLUDE  TEMPORARY
 CHILD  CARE  EMPLOYMENT AGENCIES AND CHILD CARE EDUCATIONAL AND TRAINING
 INSTITUTIONS.  A  TEMPORARY  CHILD  CARE EMPLOYMENT AGENCY OR CHILD CARE
 EDUCATIONAL AND TRAINING INSTITUTION SHALL BE SUBJECT  TO  THE  CRIMINAL
 HISTORY RECORD CHECK REQUIREMENTS FOR CHILD CARE STAFF WHO MAY BE PLACED
 AT  A  CHILD DAY CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM, BUT NOT
 FOR THE OPERATORS OR PROVIDERS OF SUCH TEMPORARY CHILD  CARE  EMPLOYMENT
 AGENCY OR CHILD CARE EDUCATIONAL AND TRAINING INSTITUTION. SUCH REQUIRE-
 MENTS SHALL INCLUDE SUBMITTING FINGERPRINT CARDS AND SUCH OTHER INFORMA-
 TION  AS  REQUIRED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE
 DIVISION OF CRIMINAL JUSTICE SERVICES, AND  AUTHORIZING  THE  OFFICE  OF
 CHILDREN  AND  FAMILY SERVICES TO DENY OR HOLD IN ABEYANCE AN EMPLOYEE'S
 APPLICATION AS PROVIDED FOR IN THIS SECTION. THE OFFICE OF CHILDREN  AND
 FAMILY SERVICES MAY CHARGE THE TEMPORARY CHILD CARE EMPLOYMENT AGENCY OR
 CHILD  CARE  EDUCATIONAL AND TRAINING INSTITUTION AN AMOUNT EQUAL TO THE
 PROCESSING FEE IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION  EIGHT
 HUNDRED  THIRTY-SEVEN OF THE EXECUTIVE LAW. WHERE THE OFFICE OF CHILDREN
 AND FAMILY SERVICES ADVISES THE TEMPORARY CHILD CARE  EMPLOYMENT  AGENCY
 OR  CHILD  CARE  EDUCATIONAL AND TRAINING INSTITUTION THAT AN INDIVIDUAL
 HAS NO CRIMINAL HISTORY RECORD, NO ADDITIONAL  CRIMINAL  HISTORY  RECORD
 CHECK  BY  A  CHILD  DAY  CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM
 SHALL BE REQUIRED UPON PLACEMENT OF THAT INDIVIDUAL  AT  THE  CHILD  DAY
 CARE  CENTER  OR  A  SCHOOL AGE CHILD CARE PROGRAM. FOR PURPOSES OF THIS
 SUBDIVISION, A "TEMPORARY CHILD CARE EMPLOYMENT AGENCY" SHALL  MEAN  ANY
 ENTITY  THAT  EMPLOYS  SUBSTITUTE  CHILD  CARE STAFF TO BE SUPPLIED ON A
 TEMPORARY BASIS TO A CHILD DAY CARE CENTER OR A SCHOOL  AGE  CHILD  CARE
 PROGRAM,  AND  A "CHILD CARE EDUCATIONAL AND TRAINING INSTITUTION" SHALL
 MEAN ANY ENTITY THAT ASSIGNS CHILD CARE STAFF AS INTERNS OR RESIDENTS AT
 A CHILD DAY CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM.
   § 4. This act shall take effect immediately; provided that the  amend-
 ments  to subdivision 3 of section 424-a of the social services law made
 by section one of this act shall take effect on the same date and in the
 same manner as section 3 of part Q of chapter 56 of the  laws  of  2017,
 takes effect.