S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2298
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M. of A. GUNTHER, JAFFEE, ZEBROWSKI, MONTESANO -- Multi-
   Sponsored by -- M. of A. McDONOUGH, RIVERA -- read once  and  referred
   to the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to requiring filing
   with  the  office  of  children  and family services by nursery school
   operators and authorizing certain nursery schools  to  submit  finger-
   prints  of  applicants for the purpose of a search of criminal history
   records of the division of criminal justice services
 
   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, as added by chapter
 750  of the laws of 1990, paragraphs (d) and (e) of subdivision 1, para-
 graph (a) and clause (A) of subparagraph (ii) of paragraph (d) of subdi-
 vision 2, paragraph (b) of subdivision 3, paragraph (c)  of  subdivision
 11  and  paragraph (a) of subdivision 12 as amended and paragraph (e) of
 subdivision 11 as added by chapter 117 of the  laws  of  2010,  subpara-
 graphs  (i)  and (ii) of paragraph (d) of subdivision 2, paragraphs (a),
 (c) and (d) of subdivision 3, paragraph (a) of subdivision  4,  subdivi-
 sion  10,  paragraphs (a) and (b) of subdivision 11 as amended, subdivi-
 sion 2-a and paragraph (d) of subdivision 11 as added and paragraphs (e)
 and (f) of subdivision 3 as relettered by chapter 416  of  the  laws  of
 2000,  paragraph  (a)  of subdivision 7 and subdivision 13 as amended by
 chapter 160 of the laws of 2003, paragraph  (b)  of  subdivision  12  as
 added  by  chapter 319 of the laws of 2006, and as relettered by chapter
 117 of the laws of 2010, and subdivision 8-a, as added by chapter 354 of
 the laws of 2009, is amended to read as follows:
   § 390. Child day care AND NURSERY SCHOOLS; license [or],  registration
 OR FILING required. 1. Definitions.  (a) (i) "Child day care" shall mean
 care for a child on a regular basis provided away from the child's resi-
 dence  for less than twenty-four hours per day by someone other than the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01826-01-9
              

 A. 2298                             2
 
 parent, step-parent, guardian, or relative within the  third  degree  of
 consanguinity of the parents or step-parents of such child.
   (ii) Child day care shall not refer to care provided in:
   (A) a day camp, as defined in the state sanitary code;
   (B)  an  after-school  program  operated  for the purpose of religious
 education, sports, or recreation;
   (C) a facility:
   (1) providing day services under an operating  certificate  issued  by
 the [department] OFFICE;
   (2)  providing  day treatment under an operating certificate issued by
 the office of mental health or office [of mental  retardation  and]  FOR
 PEOPLE WITH developmental disabilities; or
   (D)  a kindergarten, pre-kindergarten, [or nursery school for children
 three years of age or older,] or after-school program for children oper-
 ated by a public school district or by a private school or academy which
 is providing elementary or secondary education or  both,  in  accordance
 with  the  compulsory  education  requirements  of  the  education  law,
 provided that the kindergarten,  pre-kindergarten,  nursery  school,  or
 after  school  program  is  located  on the premises or campus where the
 elementary or secondary education is provided.
   (b) "Child day care provider" shall mean any individual,  association,
 corporation, partnership, institution or agency whose activities include
 providing child day care or operating a home or facility where child day
 care is provided.
   (c)  "Child day care center" shall mean any program or facility caring
 for children for more than three hours per day per child in which  child
 day  care is provided by a child day care provider except those programs
 operating as a group family day care home as such  term  is  defined  in
 paragraph  (d) of this subdivision, a family day care home, as such term
 is defined in paragraph (e) of this subdivision, and a school-age  child
 care  program, as such term is defined in paragraph (f) of this subdivi-
 sion.
   (d) "Group family day care home" shall mean a program caring for chil-
 dren for more than three hours per day per child in which child day care
 is provided in a family home for seven to twelve children of  all  ages,
 except  for  those programs operating as a family day care home, as such
 term is defined in paragraph (e) of this  subdivision,  which  care  for
 seven  or  eight  children. A group family day care provider may provide
 child day care services to four additional children if  such  additional
 children  are  of  school  age  and  such children receive services only
 before or after the period such children are  ordinarily  in  school  or
 during school lunch periods, or school holidays, or during those periods
 of  the year in which school is not in session. There shall be one care-
 giver for every two children under two years of age in the group  family
 home.  A  group family day care home must have at least one assistant to
 the operator present when child day care is being provided to  seven  or
 more  children when none of the children are school age, or nine or more
 children when at least two of the children are school age and such chil-
 dren receive services only before or after the period such children  are
 ordinarily in school or during school lunch periods, or school holidays,
 or  during  those periods of the year in which school is not in session.
 This assistant shall be selected by the group family day  care  operator
 and  shall  meet the qualifications established for such position by the
 regulations of the office of children and family services.
   (e) "Family day care home" shall mean a program  caring  for  children
 for  more  than three hours per day per child in which child day care is

 A. 2298                             3

 provided in a family home for three to six children. There shall be  one
 caregiver  for  every  two children under two years of age in the family
 day care home. A family day care provider may, however, care  for  seven
 or  eight  children  at any one time if no more than six of the children
 are less than school age  and  the  school-aged  children  receive  care
 primarily  before  or  after  the period such children are ordinarily in
 school, during school lunch periods, on school holidays, or during those
 periods of the year in which school is not in session in accordance with
 the regulations of the office of children and family  services  and  the
 office  inspects  such  home  to determine whether the provider can care
 adequately for seven or eight children.
   (f) "School age child care" shall mean a program caring for more  than
 six  school-aged children who are under thirteen years of age or who are
 incapable of caring for themselves. Such programs shall be in  operation
 consistent  with  the  local  school  calendar.  School  age  child care
 programs shall offer care during the school year to an enrolled group of
 children at a  permanent  site  before  or  after  the  period  children
 enrolled in such program are ordinarily in school or during school lunch
 periods  and  may  also  provide  such care on school holidays and those
 periods of the year in which school is not in session.
   (G) "NURSERY SCHOOL" SHALL MEAN ANY PROGRAM OR FACILITY OPERATED BY AN
 INDIVIDUAL, ASSOCIATION, CORPORATION, PARTNERSHIP, INSTITUTION, OR AGEN-
 CY, NOT INCLUDING THE PARENT, STEPPARENT, GUARDIAN, OR  RELATIVE  WITHIN
 THE  THIRD  DEGREE  OF  CONSANGUINITY,  WHICH PROVIDES EARLY CARE AND/OR
 EDUCATION TO THREE OR MORE PRESCHOOL CHILDREN FOR THREE  OR  LESS  HOURS
 PER  DAY  PER CHILD. MORE THAN ONE ADULT SHALL BE AVAILABLE AT ALL TIMES
 WHEN CHILDREN ARE PRESENT AT A NURSERY SCHOOL PROGRAM.
   (H) "PRESCHOOL CHILD" SHALL MEAN A CHILD OF FIVE YEARS OF AGE OR LESS.
   (I) "OFFICE" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   2.  (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  period  of  up to two years; 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.
   (b) Family day care homes, child day care centers caring for at  least
 three  but fewer than seven children, and school-age child care programs
 shall register with the [department] OFFICE and shall operate in compli-
 ance with the regulations of the [department] OFFICE.
   (B-1) NURSERY SCHOOLS CARING FOR AT LEAST THREE  CHILDREN  SHALL  FILE
 WITH  THE OFFICE AND SHALL OPERATE IN COMPLIANCE WITH THE REGULATIONS OF
 THE OFFICE.
   (c) Any child day care provider  not  required  to  obtain  a  license
 pursuant  to  paragraph  (a) of this subdivision or to register with the
 [department] OFFICE pursuant to paragraph (b) of  this  subdivision  may
 register with the [department] OFFICE.
   (d)  (i) The office [of children and family services] shall promulgate
 regulations for licensure and for registration of  child  day  care  AND
 FILING  FOR  NURSERY  SCHOOLS  pursuant  to this section. Procedures for
 obtaining a license or registration or renewing a license shall  include
 a satisfactory inspection of the facility by the office [of children and
 family  services]  prior  to  issuance of the license or registration or
 renewal of the license.

 A. 2298                             4
 
   (ii) (A) Initial registrations shall be valid for a period  of  up  to
 two years, subsequent registrations 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.
   (B)  After  initial  registration  by the child day care provider, the
 office [of children and family services] shall not accept any subsequent
 registration by such provider, unless:
   (1) such provider has met  the  training  requirements  set  forth  in
 section three hundred ninety-a of this title;
   (2)  such  provider  has met the requirements of section three hundred
 ninety-b of this title relating to criminal history screening;
   (3) such provider has complied with the requirements of  section  four
 hundred twenty-four-a of this article; and
   (4)  the  office  [of  children  and  family services] has received no
 complaints about the home, center,  or  program  alleging  statutory  or
 regulatory  violations,  or, having received such complaints, the office
 [of children and  family  services]  has  determined,  after  inspection
 pursuant to paragraph (a) of subdivision three of this section, that the
 home, center, or program is operated in compliance with applicable stat-
 utory and regulatory requirements.
   (C)  Where the office [of children and family services] has determined
 that a registration should not be continued because the requirements  of
 clause  (B) of this subparagraph have not been satisfied, the office [of
 children and family services] may terminate  the  registration.  If  the
 office  [of  children and family services] does not terminate the regis-
 tration, the office [of children and family services] shall inspect  the
 home or program before acknowledging any subsequent registration.  Where
 the home or program has failed to meet the requirements of this section,
 the  office  [of children and family services] may reject any subsequent
 registration of a provider. Nothing herein shall prohibit the office [of
 children and family services] from terminating or  suspending  registra-
 tion  pursuant  to  subdivision ten of this section where the office [of
 children and family services] determines that termination or  suspension
 is necessary.
   (iv)  Child day care providers who have been issued a license OR NURS-
 ERY SCHOOL OPERATORS WHO HAVE FILED WITH THE OFFICE shall openly display
 such license OR OFFICE VERIFICATION OF THE FILING  in  the  facility  or
 home for which the license OR FILING is issued. Child day care providers
 who  have registered OR FILED with the [department] OFFICE shall provide
 proof of registration OR FILING upon request.
   (e) Notwithstanding any other provision of this section, where a child
 is cared for by a parent, guardian or relative within the  third  degree
 of  consanguinity of the parent of such child and such person simultane-
 ously provides child day care for other children, only the  other  chil-
 dren  shall  be  considered  in  determining whether such person must be
 registered, FILED or licensed, provided that such person is not  caring,
 in total, for more than eight children.
   2-a. (a) The office [of children and family services] shall promulgate
 regulations  which  establish  minimum  quality program requirements for
 licensed and registered child day care homes, programs  and  facilities.
 Such  requirements  shall include but not be limited to (i) the need for
 age appropriate activities, materials and equipment  to  promote  cogni-
 tive,  educational,  social, cultural, physical, emotional, language and
 recreational development of children in care  in  a  safe,  healthy  and
 caring environment (ii) principles of childhood development (iii) appro-
 priate  staff/child  ratios  for family day care homes, group family day

 A. 2298                             5
 
 care homes, school age day care programs and day care centers,  provided
 however  that  such  staff/child ratios shall not be less stringent than
 applicable staff/child ratios as set forth in part  four  hundred  four-
 teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
 teen  of title eighteen of the New York code of rules and regulations as
 of January first, two thousand (iv) appropriate levels of supervision of
 children in care (v) minimum standards for sanitation, health, infection
 control, nutrition, buildings and  equipment,  safety,  security  proce-
 dures,  first  aid,  fire  prevention, fire safety, evacuation plans and
 drills, prevention of child abuse and maltreatment, staff qualifications
 and training, record keeping, and child behavior management.
   (b) The use of electronic monitors as a sole means of  supervision  of
 children  in  day care shall be prohibited, except that electronic moni-
 tors may be used in family day care homes  and  group  family  day  care
 homes as an indirect means of supervision where the parents of any child
 to  be  supervised have agreed in advance to the use of such monitors as
 an indirect means of  supervision  and  the  use  of  such  monitors  is
 restricted to situations where the children so supervised are sleeping.
   (c) No child less than six weeks of age may be cared for by a licensed
 or  registered  day  care  provider, except in extenuating circumstances
 where prior approval for care of such children has  been  given  by  the
 office  [of children and family services]. Extenuating circumstances for
 the purposes of this section shall include but not  be  limited  to  the
 medical or health needs of the parent or child, or the economic hardship
 of the parent.
   3. (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
 OR NURSERY SCHOOL OPERATOR within fifteen  days  after  the  office  [of
 children  and family services] receives a complaint that, if true, would
 indicate such provider OR OPERATOR does not comply with the  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  OR  OPERATOR.  The  office  [of  children  and family
 services] may provide for inspections through the purchase of services.
   (b) 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 provid-
 er OR OPERATOR 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.
   (c) (i) The office [of children and family services] shall establish a
 toll-free statewide telephone number to receive  inquiries  about  child
 day  care homes, programs and facilities and complaints of violations of
 the requirements of this section or regulations promulgated  under  this
 section.  The  office  [of children and family services] shall develop a
 system for  investigation,  which  shall  include  inspection,  of  such
 complaints. The office [of children and family services] may provide for
 such  investigations  through purchase of services. The office [of chil-
 dren and family services] shall develop a process for  publicizing  such

 A. 2298                             6
 
 toll-free  telephone  number  to  the  public  for  making  inquiries or
 complaints about child day care homes, programs or facilities.
   (ii)  Information to be maintained and available to the public through
 such toll-free telephone number shall include, but not be limited to:
   (A) current license and registration status of child day  care  homes,
 programs  and  facilities including whether a license or registration is
 in effect or has been revoked or suspended; and
   (B) child care  resource  and  referral  programs  providing  services
 pursuant  to  title  five-B of this article and other resources known to
 the office [of children and family services] which relate to  child  day
 care homes, programs and facilities in the state.
   (iii)  Upon  written  request  identifying a particular child day care
 home, program or facility, the office [of children and family  services]
 shall  provide  the information set forth below. The office [of children
 and family services] may charge reasonable fees for copies of  documents
 provided,  consistent  with  the provisions of article six of the public
 officers law. The information available pursuant to  this  clause  shall
 be:
   (A)  the results of the most recent inspection for licensure or regis-
 tration and any subsequent inspections by the office  [of  children  and
 family services];
   (B) complaints filed against child day care homes, programs or facili-
 ties  which  describes  the  nature  of the complaint and states how the
 complaint was resolved, including the status of the office [of  children
 and  family  services]  investigation,  the  steps  taken to rectify the
 complaint, and the penalty, if any, imposed; and
   (C) child day care homes, programs or facilities which have  requested
 or  received  a  waiver  from any applicable rule or regulation, and the
 regulatory requirement which was waived.
   (iv) Nothing in this paragraph shall be construed to require or permit
 the disclosure either orally or in writing of any  information  that  is
 confidential pursuant to law.
   (d)  Where  investigation  or inspection reveals that a child day care
 provider which must be licensed or registered is  not,  the  office  [of
 children  and  family services] shall advise the child day care provider
 in writing that the provider is in violation of the licensing or  regis-
 tration  requirements and shall take such further action as is necessary
 to cause the provider to comply with the  law,  including  directing  an
 unlicensed or unregistered provider to cease operation. In addition, the
 office  [of  children and family services] shall require the provider to
 notify the parents or guardians of  children  receiving  care  from  the
 provider that the provider is in violation of the licensing or registra-
 tion  requirements  and  shall require the provider to notify the office
 [of children and family services] that the provider has done  so.    Any
 provider  who is directed to cease operations pursuant to this paragraph
 shall be entitled to a hearing before the office [of children and family
 services]. If the provider requests a hearing to contest  the  directive
 to  cease operations, such hearing must be scheduled to commence as soon
 as possible but in no event later than thirty days after the receipt  of
 the request by the office [of children and family services]. The provid-
 er  may  not operate the center, home or program after being directed to
 cease operations, regardless of whether a hearing is requested.  If  the
 provider  does  not cease operations, the office [of children and family
 services] may impose a civil penalty pursuant to subdivision  eleven  of
 this section, seek an injunction pursuant to section three hundred nine-
 ty-one of this title, or both.

 A. 2298                             7
 
   (e)  (i)  Where  an  authorized  agency  is subsidizing child day care
 pursuant to any provision of this chapter,  the  authorized  agency  may
 submit  to  the  [department]  OFFICE justification for a need to impose
 additional requirements upon child day care  providers  and  a  plan  to
 monitor compliance with such additional requirements. No such additional
 requirements  or  monitoring may be imposed without the written approval
 of the [department] OFFICE.
   (ii) An authorized agency may refuse to allow a child day care provid-
 er who is not in compliance with this  section  and  regulations  issued
 hereunder  or  any  approved  additional  requirements of the authorized
 agency to provide child day care to the child. In  accordance  with  the
 plan  approved  by  the  [department] OFFICE, an authorized agency shall
 have the right to make  announced  or  unannounced  inspections  of  the
 records  and  premises  of any provider who provides care for such chil-
 dren, including the right to make inspections prior to subsidized  chil-
 dren receiving care in a home where the inspection is for the purpose of
 determining  whether  the  child day care provider is in compliance with
 applicable law and regulations and any additional  requirements  imposed
 upon  such provider by the authorized agency. Where an authorized agency
 makes such inspections, the authorized agency shall notify the  [depart-
 ment]  OFFICE  immediately  of  any  violations of this section or regu-
 lations promulgated hereunder, and shall provide the [department] OFFICE
 with an inspection report whether or not violations  were  found,  docu-
 menting the results of such inspection.
   (iii) Nothing contained in this paragraph shall diminish the authority
 of  the  department  to  conduct  inspections or provide for inspections
 through purchase of services as otherwise provided for in this  section.
 Nothing  contained  in  this  paragraph  shall obligate the [department]
 OFFICE to take any action to enforce any additional requirements imposed
 on child day care providers by an authorized agency.
   (E-1) (I) WHERE A COMPLAINT IS RECEIVED ALLEGING THAT A NURSERY SCHOOL
 OPERATOR WHO IS REQUIRED TO FILE HAS NOT DONE SO, THE OFFICE, WITHIN TEN
 DAYS OF RECEIPT OF THE COMPLAINT, SHALL ADVISE, IN WRITING, THE  NURSERY
 SCHOOL  OPERATOR  SUBJECT TO SUCH COMPLAINT, OF THE FILING STANDARDS AND
 REQUIREMENTS, AND OF THE OPERATOR'S OBLIGATION TO FILE IF SUCH PERSON IS
 SUBJECT TO FILING. THE OFFICE SHALL FURTHER DIRECT THE  ALLEGED  NURSERY
 SCHOOL OPERATOR TO RESPOND WITHIN THIRTY DAYS OF RECEIPT OF THE OFFICE'S
 LETTER.  UNLESS  SUCH NURSERY SCHOOL OPERATOR FILES, SUCH RESPONSE SHALL
 STATE WHY THE ALLEGED OPERATOR IS NOT SUBJECT TO THE FILING REQUIREMENTS
 OF THIS SECTION.
   (II) SHOULD A NURSERY SCHOOL OPERATOR  FAIL  TO  FILE  OR  SUBMIT  THE
 RESPONSE  REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH WITHIN THE TIME
 LIMIT THEREIN SPECIFIED, THE OFFICE SHALL TAKE SUCH FURTHER ACTION AS IS
 NECESSARY TO CAUSE THE OPERATOR TO COMPLY WITH THE LAW.
   (f) Individual local social services districts may alter their partic-
 ipation in activities related to arranging for, subsidizing,  delivering
 and  monitoring  the  provision  of  subsidized child day care provided,
 however, that the total participation of an individual district  in  all
 activities  related  to the provision of subsidized child day care shall
 be no less than the participation level engaged in  by  such  individual
 district on the effective date of this section.
   4. (a) The office [of children and family services] on an annual basis
 shall  inspect at least twenty percent of all registered family day care
 homes, registered child day care centers, NURSERY SCHOOLS FILED WITH THE
 OFFICE and registered school age child care programs to determine wheth-
 er such homes, centers and programs are  operating  in  compliance  with

 A. 2298                             8
 
 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 thousand one. The office  [of  chil-
 dren  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 registra-
 tion.
   (b) Any  family  day  care  home  or  school-age  child  care  program
 licensed,  registered, or certified by the [department] OFFICE or by any
 authorized agency on the effective date of this section shall be  deemed
 registered  until  the expiration of its then-current license or certif-
 icate unless such license or certificate is suspended or revoked  pursu-
 ant  to  subdivision  ten  of  this  section.  Family day care homes and
 school-age child care programs not licensed, registered, or certified on
 the effective date of this section shall register pursuant  to  subdivi-
 sion two of this section.
   5.  Child  day  care  providers  required  to  have a license from the
 [department] OFFICE or to be registered  with  the  [department]  OFFICE
 pursuant  to  this  section  shall  not  be exempt from such requirement
 through registration with another state agency, or certification, regis-
 tration, or licensure by any local governmental agency or any authorized
 agency.
   6. Unless otherwise limited by law, a parent with legal custody  or  a
 legal  guardian  of  any  child  in  a child day care program OR NURSERY
 SCHOOL shall have unlimited and on demand access to such child or  ward.
 Such parent or guardian unless otherwise limited by law, also shall have
 the right to inspect on demand during its hours of operation any area of
 a  child  day  care center, group family day care home, school-age child
 care program, or family day care home to which the child or ward of such
 parent or guardian has access or which could present  a  hazard  to  the
 health and safety of the child or ward.
   7.  (a)  The  [department] OFFICE shall implement on a statewide basis
 programs to educate parents and other potential consumers of  child  day
 care  programs  AND  NURSERY  SCHOOLS about their selection and use. The
 [department] OFFICE may provide  for  such  implementation  through  the
 purchase  of  services. Such education shall include, but not be limited
 to, the following topics:
   (i) types of child day care programs;
   (ii) factors to be considered in selecting and  evaluating  child  day
 care programs;
   (iii)  regulations  of the [department] OFFICE governing the operation
 of different types of programs;
   (iv) rights of parents or guardians in relation to access to  children
 and inspection of child day care programs;
   (v)  information  concerning the availability of child day care subsi-
 dies;
   (vi)  information  about  licensing  [and],  registration  AND  FILING
 requirements;
   (vii)  prevention  of  child  abuse and maltreatment in child day care
 programs, including screening of child day care providers and employees;
   (viii) tax information; and

 A. 2298                             9
 
   (ix) factors to be considered in selecting and  evaluating  child  day
 care  programs  when  a child needs administration of medications during
 the time enrolled.
   (b)  The  [department]  OFFICE shall implement a statewide campaign to
 educate the public as to the  legal  requirements  for  registration  of
 family  day  care  and  school-age  child  care,  THE  FILING OF NURSERY
 SCHOOLS, and the  benefits  of  such  [registration]  PROCEDURES.    The
 [department]  OFFICE  may  provide  for  such implementation through the
 purchase of services. The campaign shall:
   (i) use various types of media;
   (ii) include the development of public educational materials for fami-
 lies, [family day care providers,] employers and community agencies;
   (iii) explain the role and functions of child care resource and refer-
 ral programs, as such term is used in title five-B of this article;
   (iv) explain the role and functions  of  the  [department]  OFFICE  in
 regard to registered LICENSED AND FILED programs; and
   (v)  publicize  the [department's] OFFICE'S toll-free telephone number
 for making complaints of violations of  [child  day  care]  requirements
 related  to  programs which are required to be licensed [or], registered
 OR FILED.
   8. The [department] OFFICE shall establish and maintain a list of  all
 current  FILED,  registered and licensed [child day care] programs and a
 list of all programs whose license [or], registration OR FILING has been
 revoked, rejected, terminated, or suspended. Such information  shall  be
 available  to  the  public,  pursuant  to  procedures  developed  by the
 [department] OFFICE.
   8-a. The office [of children  and  family  services]  shall  not  make
 available to the public online any group family day care home provider's
 or  family  day  care  provider's home street address or map showing the
 location of such provider's home where such provider  has  requested  to
 opt out of the online availability of this information. The office shall
 provide a written form informing a provider of their right to opt out of
 providing  information  online,  and  shall  also  permit  a provider to
 request to opt out through the office's website.
   9. The [department] OFFICE shall make available, directly  or  through
 purchase  of services, to registered [child day care] providers informa-
 tion concerning:
   (a) liability insurance;
   (b) start-up grants;
   (c) United States department of agriculture food programs;
   (d) subsidies available for child day care;
   (e) tax information; and
   (f) support services required to be provided by  child  care  resource
 and  referral programs as set forth in subdivision three of section four
 hundred ten-r of this article.
   10. Any home or facility providing child day care shall be operated in
 accordance with applicable statutes and regulations.  Any  violation  of
 applicable  statutes  or  regulations  shall  be a basis to deny, limit,
 suspend, revoke, or terminate a license or registration. Consistent with
 articles twenty-three and twenty-three-A  of  the  correction  law,  and
 guidelines  referenced  in subdivision two of section four hundred twen-
 ty-five of this article, if the office [of children and family services]
 is made aware of the existence of a criminal conviction or pending crim-
 inal charge concerning an operator of a  family  day  care  home,  group
 family  day  care home, school-age child care program, or child day care
 center or concerning any assistant, employee or volunteer in such homes,

 A. 2298                            10
 
 programs or centers, or any persons age eighteen or over who  reside  in
 such  homes,  such  conviction  or charge may be a basis to deny, limit,
 suspend, revoke, reject, or terminate a license or registration.  Before
 any  license  issued  pursuant  to  the  provisions  of  this section is
 suspended or revoked, before registration pursuant to  this  section  is
 suspended  or  terminated,  or  when  an application for such license is
 denied or registration rejected, the applicant for  or  holder  of  such
 registration  or  license is entitled, pursuant to section twenty-two of
 this chapter and the regulations of the office [of children  and  family
 services],  to  a  hearing  before  the  office  [of children and family
 services]. However, a  license  or  registration  shall  be  temporarily
 suspended or limited without a hearing upon written notice to the opera-
 tor  of  the  facility following a finding that the public health, or an
 individual's safety or welfare, [are] IS in imminent danger. The  holder
 of  a  license  or registrant is entitled to a hearing before the office
 [of children and family services] to contest the temporary suspension or
 limitation. If the holder of a license or registrant requests a  hearing
 to  contest the temporary suspension or limitation, such hearing must be
 scheduled to commence as soon as possible but in  no  event  later  than
 thirty  days after the receipt of the request by the office [of children
 and family services]. Suspension  shall  continue  until  the  condition
 requiring suspension or limitation is corrected or until a hearing deci-
 sion  has  been  issued. If the office [of children and family services]
 determines after a hearing that the temporary suspension  or  limitation
 was  proper,  such  suspension or limitation shall be extended until the
 condition requiring suspension or limitation has been corrected or until
 the license or registration has been revoked.
   11. (a) (i) (A) The office [of children  and  family  services]  shall
 adopt  regulations  establishing  civil  penalties  of no more than five
 hundred dollars per day to be assessed against child day  care  centers,
 school  age  child  care programs, group family day care homes or family
 day care homes for violations of this section,  sections  three  hundred
 ninety-a  and  three  hundred ninety-b of this title and any regulations
 promulgated thereunder. The  regulations  establishing  civil  penalties
 shall specify the violations subject to penalty.
   (B)  THE OFFICE SHALL ALSO ADOPT REGULATIONS ESTABLISHING CIVIL PENAL-
 TIES OF NO MORE THAN TWO HUNDRED FIFTY DOLLARS PER DAY  TO  BE  ASSESSED
 AGAINST  NURSERY  SCHOOL  OPERATORS  WHO OPERATE NURSERY SCHOOLS WITHOUT
 HAVING MADE THE FILING REQUIRED BY THIS SECTION.
   (ii) The office [of children and family services]  shall  adopt  regu-
 lations  establishing  civil  penalties  of  no  more  than five hundred
 dollars per day to be assessed against  child  day  care  providers  who
 operate  child day care centers or group family day care homes without a
 license or who operate family day  care  homes,  school-age  child  care
 programs,  or  child  day care centers required to be registered without
 obtaining such registration.
   (iii) In addition to any other civil or criminal penalty  provided  by
 law,  the  office [of children and family services] shall have the power
 to assess civil penalties in accordance  with  its  regulations  adopted
 pursuant  to  this  subdivision  after a hearing conducted in accordance
 with procedures established by regulations of the office of children and
 family services. Such procedures shall require that notice of  the  time
 and  place  of  the  hearing,  together  with  a statement of charges of
 violations, shall be served in person or by certified mail addressed  to
 the  school  age  child care program, group family day care home, family
 day care home, NURSERY SCHOOL OPERATOR or child day care center at least

 A. 2298                            11
 
 thirty days prior to the date of the hearing. The statement  of  charges
 shall set forth the existence of the violation or violations, the amount
 of penalty for which the program may become liable, the steps which must
 be  taken  to  rectify  the violation, and where applicable, a statement
 that a penalty may be imposed regardless  of  rectification.  A  written
 answer  to  the charges of violations shall be filed with the office [of
 children and family services] not less than ten days prior to  the  date
 of  hearing  with  respect  to each of the charges and shall include all
 material and relevant matters which, if not  disclosed  in  the  answer,
 would  not  likely  be  known  to  the  office  [of  children and family
 services].
   (iv) The hearing shall be held by the commissioner of the  office  [of
 children and family services] or the commissioner's designee. The burden
 of  proof at such hearing shall be on the office [of children and family
 services] to show that the charges are supported by a  preponderance  of
 the  evidence.  The  commissioner  of the office [of children and family
 services] or the commissioner's designee, in his or her discretion,  may
 allow the child day care center operator or provider to attempt to prove
 by  a  preponderance  of  the  evidence  any  matter not included in the
 answer. Where the child day care  provider  satisfactorily  demonstrates
 that it has rectified the violations in accordance with the requirements
 of paragraph (c) of this subdivision, no penalty shall be imposed except
 as provided in paragraph (c) of this subdivision.
   (b)(i) In assessing penalties pursuant to this subdivision, the office
 [of  children  and family services] may consider the completeness of any
 rectification made and the specific circumstances of such violations  as
 mitigating factors.
   (ii) Upon the request of the office [of children and family services],
 the  attorney general shall commence an action in any court of competent
 jurisdiction  against  any  child  day  care  program  subject  to   the
 provisions  of this subdivision and against any person, entity or corpo-
 ration operating such center or school age  child  care  program,  group
 family  day  care  home  or family day care home for the recovery of any
 penalty assessed by the office [of  children  and  family  services]  in
 accordance with the provisions of this subdivision.
   (iii)  Any such penalty assessed by the office [of children and family
 services] may be released or compromised by the office [of children  and
 family  services]  before  the  matter has been referred to the attorney
 general; when such matter has been referred  to  the  attorney  general,
 such  penalty may be released or compromised and any action commenced to
 recover the same may be settled and discontinued by the attorney general
 with the consent of the office [of children and family services].
   (c)(i) Except as provided for in this  paragraph,  a  child  day  care
 provider  shall  avoid  payment  of  a  penalty imposed pursuant to this
 subdivision  where  the  provider  has  rectified  the  condition  which
 resulted  in the imposition of the penalty within thirty days of notifi-
 cation of the existence of the violation of statute or regulation.
   (ii) [Clause] SUBPARAGRAPH  (i)  of  this  paragraph  notwithstanding,
 rectification shall not preclude the imposition of a penalty pursuant to
 this subdivision where:
   (A)  the  child day care provider has operated a child day care center
 or group family day care home without a license, has refused to  seek  a
 license  for the operation of such a center or home, or has continued to
 operate such a center or home after denial  of  a  license  application,
 revocation of an existing license or suspension of an existing license;

 A. 2298                            12
 
   (B)  the  child day care provider has operated a family day care home,
 school-age child care program or child day care center  required  to  be
 registered  without  being  registered, has refused to seek registration
 for the operation of such home, program or center or  has  continued  to
 operate  such  a  home, program or center after denial of a registration
 application, revocation of an existing registration or suspension of  an
 existing registration;
   (C)  there  has  been a total or substantial failure of the facility's
 fire detection or prevention systems or emergency evacuation procedures;
   (D) the child day care provider or an assistant, employee or volunteer
 OR NURSERY SCHOOL has failed to provide adequate  and  competent  super-
 vision;
   (E) the child day care provider or an assistant, employee or volunteer
 OR NURSERY SCHOOL has failed to provide adequate sanitation;
   (F)  the child day care provider or an assistant, employee, volunteer,
 NURSERY SCHOOL or, for a family day care home or group family  day  care
 home, a member of the provider's household, has injured a child in care,
 unreasonably  failed  to  obtain  medical  attention for a child in care
 requiring such attention, used corporal punishment against  a  child  in
 care or abused or maltreated a child in care;
   (G)  the  child  day  care provider OR NURSERY SCHOOL has violated the
 same statutory or regulatory standard more than once within a six  month
 period;
   (H) the child day care provider or an assistant, employee or volunteer
 OR  NURSERY  SCHOOL has failed to make a report of suspected child abuse
 or maltreatment when required to do so pursuant to section four  hundred
 thirteen of this article; or
   (I) the child day care provider or an assistant, employee or volunteer
 OR  NURSERY  SCHOOL  has  submitted to the office of children and family
 services a forged document as defined in section  170.00  of  the  penal
 law.
   (d)  Any  civil  penalty received by the office of children and family
 services pursuant to this subdivision shall be deposited to  the  credit
 of  the "quality child care and protection fund" established pursuant to
 section ninety-seven-www of the state finance law, AS ADDED  BY  CHAPTER
 FOUR HUNDRED SIXTEEN OF THE LAWS OF TWO THOUSAND.
   (e)(i)  The  office [of children and family services] shall deny a new
 application for licensure or registration made by a  day  care  provider
 whose license or registration was previously revoked or terminated based
 on  a  violation of statute or regulation for a period of two years from
 the date that the revocation or termination of the license or  registra-
 tion  became  finally  effective,  unless such office determines, in its
 discretion, that approval of the application will not in any  way  jeop-
 ardize  the health, safety or welfare of children in the center, program
 or home. For the purposes of this paragraph, the date that  the  revoca-
 tion or termination became finally effective shall be, as applicable:
   (A) the date that the revocation or termination became effective based
 on the notice of revocation or termination;
   (B)  the date that the hearing decision was issued upholding the revo-
 cation or termination;
   (C) the date of issuance of a final court order affirming the  revoca-
 tion  or  termination  or  affirming  a hearing decision that upheld the
 revocation or termination; or
   (D) another date mutually agreed upon by the office  of  children  and
 family services and the provider.

 A. 2298                            13
 
   (ii)(A)  Such  office shall deny a new application for licensure [or],
 registration OR FILING made by a day care  provider  OR  NURSERY  SCHOOL
 OPERATOR  who  is enjoined or otherwise prohibited by a court order from
 operation of a day care center, NURSERY SCHOOL, group  family  day  care
 home,  family  day  care home or school-age child care program without a
 license or registration for a period of two years from the date  of  the
 court  order  unless  the  court order specifically enjoins the provider
 from providing day care for a period longer than  two  years,  in  which
 case  the  office  shall  deny  any new application made by the provider
 while the provider is so enjoined.
   (B) Such office shall deny  a  new  application  for  licensure  [or],
 registration  OR  FILING  made  by a day care provider OR NURSERY SCHOOL
 OPERATOR who is assessed a second  civil  penalty  by  such  office  for
 having operated a day care center, NURSERY SCHOOL, group family day care
 home,  family  day  care home or school-age child care program without a
 license or registration for a period of two years from the date  of  the
 second  fine. For the purposes of this paragraph, the date of the second
 fine shall be either the date upon which the day care provider  signs  a
 stipulation  agreement  to  pay the second fine or the date upon which a
 hearing decision is issued affirming the determination of such office to
 impose the second fine, as applicable.
   (iii) A day care provider OR NURSERY SCHOOL  OPERATOR  who  surrenders
 the provider's license [or], registration OR FILING while such office is
 engaged  in enforcement seeking suspension, revocation or termination of
 such provider's license [or], registration OR  FILING  pursuant  to  the
 regulations  of  such  office, shall be deemed to have had their license
 [or], registration OR FILING revoked or terminated and shall be  subject
 to  the  prohibitions  against  licensing  [or],  registration OR FILING
 pursuant to subparagraph (i) of this paragraph for a period of two years
 from the date of surrender of the license or registration.
   12.  (a) Notwithstanding any other provision of law, except as may  be
 required  as  a  condition  of licensure [or], registration OR FILING by
 regulations promulgated pursuant  to  this  section,  no  village,  town
 (outside  the  area  of  any incorporated village), city or county shall
 adopt or enact any  law,  ordinance,  rule  or  regulation  which  would
 impose,  mandate  or otherwise enforce standards for sanitation, health,
 fire safety or building construction on a one or two family dwelling  or
 multiple  dwelling  used  to provide group family day care or family day
 care than would be applicable were such child day care not  provided  on
 the  premises.  No  village,  town (outside the area of any incorporated
 village), city or county shall prohibit or restrict use of a one or  two
 family  dwelling,  or  multiple  dwelling for family or group family day
 care where a license or registration for such use  has  been  issued  in
 accordance  with regulations issued pursuant to this section. Nothing in
 this paragraph shall preclude local authorities with enforcement  juris-
 diction  of  the  applicable sanitation, health, fire safety or building
 construction code from making appropriate inspections to assure  compli-
 ance with such standards.
   (b)  Notwithstanding  any  other  provision  of  law,  but pursuant to
 section five hundred eighty-one-b of  the  real  property  tax  law,  no
 assessing unit, as defined in subdivision one of section one hundred two
 of  the  real  property  tax  law, in the assessment of the value of any
 parcel used for residential purposes and registered as a family day care
 home pursuant to this section, shall consider the use or registration of
 such parcel as a family day care home.

 A. 2298                            14
 
   13. Notwithstanding any other provision of law, this section[,  except
 for  paragraph  (a-1)  of  subdivision two-a of this section,] shall not
 apply to child day care centers in the city of New York, OR ANY  NURSERY
 SCHOOL  WHICH  IS ASSOCIATED WITH A SCHOOL DISTRICT, THAT ALREADY IMPLE-
 MENTS A FINGERPRINTING PROCESS.
   §  2. The section heading and subdivisions 1 and 2 of section 390-a of
 the social services law, the section heading as amended by  chapter  750
 of  the  laws of 1990, subdivisions 1 and 2 as amended by chapter 416 of
 the laws of 2000 and paragraph (e) of subdivision 2 as added by  chapter
 230 of the laws of 2001, are amended to read as follows:
   Standards and training for child day care AND NURSERY SCHOOLS.  1. All
 office  of  children and family services and municipal staff employed to
 accept registrations AND FILINGS, issue licenses or conduct  inspections
 of  child day care homes, programs or facilities, subject to the amounts
 appropriated therefor, shall receive training in at least the following:
 regulations promulgated by the office of children  and  family  services
 pursuant  to  section  three  hundred  ninety of this title; child abuse
 prevention and identification; safety and security procedures  in  child
 day  care  settings;  the  principles  of childhood development, and the
 laws, regulations and procedures governing the  protection  of  children
 from abuse or maltreatment.
   2.  No  license or registration shall be issued to, OR FILING ACCEPTED
 FROM a family day care home, group family  day  care  home,  school  age
 child  care program [or], child day care center OR NURSERY SCHOOL OPERA-
 TOR and no such registration, FILING or license shall be  renewed  until
 it can be demonstrated by the employer or licensing agency that there is
 a  procedure developed and implemented, in accordance with section three
 hundred ninety-b of this title and pursuant to regulations of the office
 of children and family services, to:
   (a) review and evaluate the backgrounds of and information supplied by
 any person applying to be a child day care center  or  school-age  child
 care program employee or volunteer or group family day care assistant, a
 provider of family day care or group family day care, or a director of a
 child  day  care  center,  head start day care center, NURSERY SCHOOL or
 school-age child care program. Such procedures shall include but not  be
 limited  to the following requirements: that the applicant set forth his
 or her employment history, provide personal and  employment  references;
 submit  such information as is required for screening with the statewide
 central register of child abuse and maltreatment in accordance with  the
 provisions of section four hundred twenty-four-a of this article; sign a
 sworn statement indicating whether, to the best of his or her knowledge,
 he  or she has ever been convicted of a crime in this state or any other
 jurisdiction; and provide his or her fingerprints for submission to  the
 division  of criminal justice services in accordance with the provisions
 of section three hundred ninety-b of this title;
   (b) establish relevant minimal experiential and educational qualifica-
 tions for employees and directors of child  day  care  centers  or  head
 start day care center programs;
   (c)  assure  adequate  and  appropriate  supervision  of employees and
 volunteers of group family day care homes, family day care homes,  child
 day  care  centers,  NURSERY SCHOOLS and school-age child care programs;
 [and]
   (d) demonstrate, in the case of child day care centers,  group  family
 day  care  homes,  family day care homes, NURSERY SCHOOLS and school-age
 child care programs the existence  of  specific  procedures  which  will
 assure the safety of a child who is reported to the state central regis-

 A. 2298                            15
 
 ter  of  child abuse and maltreatment as well as other children provided
 care by such homes, centers or programs, immediately  upon  notification
 that a report has been made with respect to a child named in such report
 while the child was in attendance at such homes, centers or programs[.];
 AND
   (e)  establish  necessary rules to provide for uniform visitor control
 procedures, including visitor identification.
   § 3.  Section 390-b of the social services law, as  added  by  chapter
 416 of the laws of 2000, is amended to read as follows:
   §  390-b.  Criminal history review of child care providers, generally.
 1. (a) Notwithstanding any other provision of law to the  contrary,  and
 subject  to  rules  and  regulations of the division of criminal justice
 services, the office of children and family  services  shall  perform  a
 criminal  history  record  check  with  the division of criminal justice
 services regarding any operator, employee or volunteer of  a  child  day
 care  center or school age child care provider, as defined in paragraphs
 (c) and (f) of subdivision one of section three hundred ninety  of  this
 title.  Child day care center operators, school age child care operators
 and any employees or volunteers, who previously did not have a  criminal
 history record check performed in accordance with this subdivision shall
 have  such  a criminal history record check performed when the child day
 care center or school age child care provider  applies  for  license  or
 registration  renewal.  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. The provisions of this
 section shall apply to a volunteer only  where  the  volunteer  has  the
 potential  for regular and substantial contact with children enrolled in
 the program.
   (b) Notwithstanding any other provision of law to  the  contrary,  and
 subject  to  rules  and  regulations of the division of criminal justice
 services, the office of children and family  services  shall  perform  a
 criminal  history  record  check  with  the division of criminal justice
 services regarding the operator, any assistants, employees or volunteers
 of a group family day care home [or], family day care  home  OR  NURSERY
 SCHOOL,  as  defined in paragraphs (d) [and], (e) AND (G) of subdivision
 one of section three hundred ninety of this title, and  any  person  age
 eighteen  or  over residing on the premises of the group family day care
 home [or], family day care  home  OR  NURSERY  SCHOOL  which  is  to  be
 licensed  [or], registered OR FOR WHICH A FILING MUST BE MADE in accord-
 ance with section three hundred ninety of this title. Group  family  day
 care  home  operators,  family  day  care home operators, NURSERY SCHOOL
 OPERATORS, any assistants, employees or volunteers, and persons who  are
 age eighteen or over residing on the premises of a licensed group family
 day  care  home  [or], registered family day care home OR NURSERY SCHOOL
 who previously did not have a criminal history record check performed in
 accordance with this subdivision shall  have  such  a  criminal  history
 record  check performed when the group family day care home [or], family
 day care home OR NURSERY  SCHOOL  applies  for  renewal  of  the  home's
 license  [or],  registration OR FILING.   The provisions of this section
 shall apply to a volunteer only where the volunteer  has  the  potential
 for  regular  and  substantial  contact  with  children  enrolled in the
 program.
   2. (a) As part of the provider's application for,  or  renewal  of,  a
 child  day care center or school age child care license or registration,
 the provider shall furnish the office of children  and  family  services
 with  fingerprint  cards  of  any operator of a child day care center or

 A. 2298                            16
 
 school age child care program, and any employee or volunteer, who previ-
 ously did not have a criminal history record check performed in  accord-
 ance  with  this  section,  together  with  such other information as is
 required  by the office of children and family services and the division
 of criminal justice services.
   (b) Every child day care center or  school  age  child  care  provider
 shall  obtain  a  set  of  fingerprints for each prospective employee or
 volunteer and such other information as is required  by  the  office  of
 children  and  family  services  and  the  division  of criminal justice
 services. The child day care center or school  age  child  care  program
 shall furnish to the applicant blank fingerprint cards and a description
 of  how the completed fingerprint cards will be used. The child day care
 center or school age child care program  shall  promptly  transmit  such
 fingerprint cards to the office of children and family services.
   (c)  As part of the provider's application for, or renewal of, a group
 family day care home license or family day care home  registration,  the
 provider  shall  furnish the office of children and family services with
 fingerprint cards of any operator of a group family  day  care  home  or
 family  day care home, and any assistant, employee or volunteer, and any
 person age eighteen or over residing on the premises of the group family
 day care home or family day care home, who previously  did  not  have  a
 criminal history record check performed in accordance with this section,
 together  with  such  other  information as is required by the office of
 children and family  services  and  the  division  of  criminal  justice
 services.
   (d)  Every group family day care home or family day care home provider
 shall obtain a set  of  fingerprints  for  each  prospective  assistant,
 employee,  volunteer  and  any  person  age eighteen or over who will be
 residing on the premises of the group family day care home or family day
 care home, and such other information as is required by  the  office  of
 children  and  family  services  and  the  division  of criminal justice
 services. The group family day care home or family day care home provid-
 er shall  furnish  to  the  applicant  blank  fingerprint  cards  and  a
 description  of  how  the  completed fingerprint cards will be used. The
 group family day care home  or  family  day  care  home  provider  shall
 promptly  transmit  such fingerprint cards to the office of children and
 family services.
   (e) AS PART OF THE PROVIDER'S APPLICATION FOR, OR RENEWAL OF, A  NURS-
 ERY SCHOOL FILING, THE PROVIDER SHALL FURNISH THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES  WITH  FINGERPRINT  CARDS  OF ANY OPERATOR OF A NURSERY
 SCHOOL, AND ANY EMPLOYEE OR VOLUNTEER, WHO PREVIOUSLY  DID  NOT  HAVE  A
 CRIMINAL HISTORY RECORD CHECK PERFORMED IN ACCORDANCE WITH THIS SECTION,
 TOGETHER  WITH  SUCH  OTHER  INFORMATION AS IS REQUIRED BY THE OFFICE OF
 CHILDREN AND FAMILY  SERVICES  AND  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES.
   (F)  EVERY  NURSERY SCHOOL PROVIDER SHALL OBTAIN A SET OF FINGERPRINTS
 FOR EACH PROSPECTIVE EMPLOYEE OR VOLUNTEER AND SUCH OTHER INFORMATION AS
 IS REQUIRED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE  DIVI-
 SION  OF  CRIMINAL  JUSTICE  SERVICES.  THE NURSERY SCHOOL PROGRAM SHALL
 FURNISH TO THE APPLICANT BLANK FINGERPRINT CARDS AND  A  DESCRIPTION  OF
 HOW  THE  COMPLETED  FINGERPRINT  CARDS WILL BE USED. THE NURSERY SCHOOL
 PROGRAM SHALL PROMPTLY TRANSMIT SUCH FINGERPRINT CARDS TO THE OFFICE  OF
 CHILDREN AND FAMILY SERVICES.
   (G)  The office of children and family services shall pay the process-
 ing fee imposed pursuant to subdivision eight-a of section eight hundred
 thirty-seven of the executive law. The office  of  children  and  family

 A. 2298                            17
 
 services  shall promptly submit the fingerprint cards and the processing
 fee to the division of criminal justice services for its full search and
 retain processing.
   [(f)]  (H)  A licensed or registered child day care center, school-age
 child care program, group family day care home or family day  care  home
 may  temporarily  approve  an  applicant to be an employee, assistant or
 volunteer for such provider while the results of  the  criminal  history
 record  check are pending, but shall not allow such person to have unsu-
 pervised contact with children during such time.
   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, NURSERY SCHOOL, or any
 person  over  the  age  of  eighteen  residing in such a home OR SCHOOL,
 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, the office of children
 and family services shall deny the  application  OR  FILING  unless  the
 office  determines,  in its discretion, that approval of the application
 OR FILING will not in any way jeopardize the health, safety  or  welfare
 of the children in the center, program or home; or
   (ii) Where the criminal history record of an applicant to be an opera-
 tor  of  a  child  day care center, school age child care program, group
 family day care home, family day  care  home,  NURSERY  SCHOOL,  or  any
 person  over  the  age  of  eighteen  residing in such a home OR SCHOOL,
 reveals a conviction for a crime other than one set  forth  in  subpara-
 graph  (i) of this paragraph, the office of children and family services
 may  deny  the  application   OR   FILING,   consistent   with   article
 twenty-three-A of the correction law; or
   (iii) Where the criminal history record of an applicant to be an oper-
 ator  of  a  child day care center, school age child care program, group
 family day care home, family day care home, NURSERY SCHOOL, or any other
 person over the age of eighteen residing  in  such  a  home,  reveals  a
 charge  for  any crime, the office of children and family services shall
 hold the application OR FILING in abeyance until the charge  is  finally
 resolved.
   (b)  (i)  Where the criminal history record of a current operator of a
 child day care center, school age child care program, group  family  day
 care  home,  family  day  care home, NURSERY SCHOOL, or any other person
 over the age of eighteen residing in such a home OR  SCHOOL,  reveals  a
 conviction for a crime set forth in subparagraph (i) of paragraph (a) of
 this  subdivision,  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.
 The office of children and family services shall deny,  limit,  suspend,
 revoke, reject or terminate a license [or], registration OR FILING based
 on  such  a conviction, unless the office determines, in its discretion,
 that continued operation of the center, program  [or],  home  OR  SCHOOL
 will  not  in  any  way  jeopardize the health, safety or welfare of the
 children in the center, program [or], home OR SCHOOL;

 A. 2298                            18
 
   (ii) Where the criminal history record of  a  current  operator  of  a
 child  day  care center, school age child care program, group family day
 care home, family day care home, NURSERY SCHOOL,  or  any  other  person
 over  the  age  of eighteen residing in such a home OR SCHOOL, reveals a
 conviction  for  a crime other than one set forth in subparagraph (i) of
 paragraph (a) of this subdivision, 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.  The  office  may  deny, limit, suspend, revoke, reject or
 terminate a license  [or],  registration  OR  FILING  based  on  such  a
 conviction,  consistent  with  article  twenty-three-A of the correction
 law;
   (iii) Where the criminal history record of a  current  operator  of  a
 child  day  care center, school age child care program, group family day
 care home, family day care home, NURSERY SCHOOL,  or  any  other  person
 over  the  age  of eighteen residing in such a home OR SCHOOL, reveals a
 charge for any 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.
 The  office  may suspend a license [or], registration OR FILING based on
 such a charge where necessary to protect the health and  safety  of  the
 children in the program.
   (c)  (i)  Where  the  criminal history record of an applicant to be an
 employee or volunteer at a child day care center [or], school age  child
 care  program  OR  NURSERY  SCHOOL  reveals a conviction for a crime set
 forth in subparagraph (i) of paragraph  (a)  of  this  subdivision,  the
 office of children and family services shall direct the provider to deny
 the  application  unless  the office determines, 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 or program;
   (ii)  Where  the  criminal  history  record  of  an applicant to be an
 employee or volunteer at a child day care center [or], school age  child
 care  program  OR  NURSERY SCHOOL reveals a conviction for a crime other
 than one set forth in subparagraph (i) of paragraph (a) of this subdivi-
 sion, the office of children and family services  may,  consistent  with
 article  twenty-three-A  of  the  correction law, direct the provider to
 deny the application;
   (iii) Where the criminal history record  of  an  applicant  to  be  an
 employee  or volunteer at a child day care center [or], school age child
 care program OR NURSERY SCHOOL reveals  a  charge  for  any  crime,  the
 office  of  children  and  family services shall hold the application in
 abeyance until the charge is finally resolved.
   (d) (i) Where the criminal history record of  a  current  employee  or
 volunteer at a child day care center [or], school age child care program
 OR NURSERY SCHOOL reveals a conviction for a crime set forth in subpara-
 graph  (i)  of paragraph (a) of this subdivision, 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 chil-
 dren in the program. The office shall direct the provider  to  terminate
 the  employee or volunteer based on such a conviction, unless the office
 determines, in its  discretion,  that  the  continued  presence  of  the
 employee or volunteer in the center or program will not in any way jeop-
 ardize  the  health,  safety or welfare of the children in the center or
 program;
   (ii) Where the criminal history record of a current employee or volun-
 teer at a child day care center [or], school age child care  program  OR

 A. 2298                            19
 
 NURSERY SCHOOL reveals a conviction for a crime other than one set forth
 in  subparagraph (i) of paragraph (a) of this subdivision, 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. The office may direct  the  provider  to
 terminate the employee or volunteer based on such a conviction, consist-
 ent with article twenty-three-A of the correction law;
    (iii)  Where  the  criminal  history  record of a current employee or
 volunteer at a child day care center [or], school age child care program
 OR NURSERY SCHOOL reveals a charge for any 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 chil-
 dren in the program.
   (e) (i) Where the criminal history record of an  applicant  to  be  an
 employee,  assistant  or  volunteer  at  a group family day care home or
 family day care home reveals a conviction  for  a  crime  set  forth  in
 subparagraph  (i)  of  paragraph  (a) of this subdivision, the office of
 children and family services shall  direct  the  provider  to  deny  the
 application  unless  the  office  determines,  in  its  discretion, that
 approval of the application will not in any way jeopardize  the  health,
 safety or welfare of the children in the home;
   (ii)  Where  the  criminal  history  record  of  an applicant to be an
 employee, assistant or volunteer at a group  family  day  care  home  or
 family day care home reveals a conviction for a crime other than one set
 forth  in  subparagraph  (i)  of  paragraph (a) of this subdivision, the
 office of children and family  services  may,  consistent  with  article
 twenty-three-A  of  the  correction law, direct the provider to deny the
 application;
   (iii) Where the criminal history record  of  an  applicant  to  be  an
 employee,  assistant  or  volunteer  at  a group family day care home or
 family day care home reveals a charge for any crime, the office of chil-
 dren and family services shall hold the application  in  abeyance  until
 the charge is finally resolved.
   (f)  (i)  Where  the  criminal  history  record of a current employee,
 assistant or volunteer at a group family day care  home  or  family  day
 care home reveals a conviction for a crime set forth in subparagraph (i)
 of  paragraph (a) of this subdivision, 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 home. The office of children and family services  shall  direct  the
 provider to terminate the employee, assistant or volunteer based on such
 a  conviction, unless the office determines, in its discretion, that the
 continued presence of the employee, assistant or volunteer in  the  home
 will  not  in  any  way  jeopardize the health, safety or welfare of the
 children in the home;
   (ii) Where the criminal history record of a current employee,  assist-
 ant or volunteer at a group family day care home or family day care home
 reveals  a  conviction  for a crime other than one set forth in subpara-
 graph (i) of paragraph (a) of this subdivision, the office  of  children
 and  family  services  shall conduct a safety assessment of the home and
 take all appropriate steps to protect the health and safety of the chil-
 dren in the home. The office may direct the provider  to  terminate  the
 employee,  assistant or volunteer based on such a conviction, consistent
 with article twenty-three-A of the correction law;
   (iii) Where the criminal history record of a current employee, assist-
 ant or volunteer at a group family day care home or family day care home

 A. 2298                            20
 
 reveals a charge for any  crime,  the  office  of  children  and  family
 services  shall  conduct  a  safety  assessment of the home and take all
 appropriate steps to protect the health and safety of  the  children  in
 the home.
   (g)  Advise  the  provider that the individual has no criminal history
 record.
   4. Prior to making a determination to deny an application pursuant  to
 subdivision  three  of  this  section, the office of children and family
 services shall afford the applicant an opportunity to explain, in  writ-
 ing, why the application should not be denied.
   5.  Notwithstanding  any  other  provision of law to the contrary, the
 office of children and family  services,  upon  receipt  of  a  criminal
 history  record  from  the  division  of  criminal justice services, may
 request, and is entitled to receive, information pertaining to any crime
 contained in such criminal history record from any state  or  local  law
 enforcement agency, district attorney, parole officer, probation officer
 or  court for the purposes of determining whether any ground relating to
 such criminal conviction or pending criminal charge exists for denying a
 license, registration, FILING, application or employment.
   6. The notification by the office of children and family  services  to
 the  child  day  care  provider pursuant to this section shall include a
 summary of the criminal history record, if any, provided by the division
 of criminal justice services.
   7. Where the office of children and family services  directs  a  child
 day  care  provider to deny an application based on the criminal history
 record, the provider must notify the applicant that such record  is  the
 basis of the denial.
   8.  Any  safety  assessment  required  pursuant  to this section shall
 include a review of the duties of the individual, the  extent  to  which
 such  individual may have contact with children in the program or house-
 hold and the status and nature of the  criminal  charge  or  conviction.
 Where  the  office  of  children and family services performs the safety
 assessment, it shall thereafter take all appropriate  steps  to  protect
 the  health  and safety of children receiving care in the child day care
 center, school age child care program, family day care home [or],  group
 family day care home OR NURSERY SCHOOL.
   9.  Any  criminal  history record provided by the division of criminal
 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 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 at any administra-
 tive  or  judicial proceeding relating to the denial or revocation of an
 application, employment, license [or],  registration  OR  FILING.    The
 subject  of a criminal history review conducted pursuant to this section
 shall be entitled to receive, upon written request, a copy of the summa-
 ry 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 subject the provider to civil penalties
 in accordance with the provisions of subdivision eleven of section three
 hundred ninety of this title.
   10. A child day care 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

 A. 2298                            21
 
 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.
   § 4. 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 shall] SUCH OFFICE,
 subject to the provisions of paragraph (e) of this  subdivision,  inform
 such  agency  and  the subject of the inquiry whether an applicant for a
 certificate, license or permit, assistants  to  group  family  day  care
 providers,  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  oper-
 ate  a  family  day  care home, NURSERY SCHOOL, or group family day care
 home or any person over the age of eighteen residing in the  home  of  a
 prospective  successor  guardian  when  a  clearance  is  conducted of a
 prospective successor guardian pursuant to this paragraph, 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.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law, provided, however, that any rules or regu-
 lations necessary to implement the provisions of this act on its  effec-
 tive date shall be promulgated on or before such date.