Senate Bill S7897

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7897
 
                             I N  S E N A T E
 
                               March 7, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03229-04-8

 S. 7897                             2
 
 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:
   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

 S. 7897                             3
 
 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.