S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3559
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, FAHY -- read once and referred to the
   Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to the fingerprint-
   ing of prospective employees of child day care centers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision 2 of section 390-b of the
 social services law, as added by chapter 416 of the  laws  of  2000,  is
 amended to read as follows:
   (b) [Every] EXCEPT WHEN THE DEPARTMENT OF EDUCATION HAS FORWARDED SUCH
 FINGERPRINTS OF THE PROSPECTIVE EMPLOYEE OR VOLUNTEER TO THE COMMISSION-
 ER  OF  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH
 PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, EVERY child  day  care
 center  or  school age child care provider shall obtain a set of finger-
 prints for each prospective employee or volunteer and such other  infor-
 mation  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 fing-
 erprint  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.
   § 2. Subdivision 1 of section 390-b of  the  social  services  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C) UPON REQUEST FROM A PROSPECTIVE EMPLOYEE OR VOLUNTEER WHO HAS BEEN
 CLEARED BY THE COMMISSIONER OF EDUCATION PURSUANT TO SECTION THREE THOU-
 SAND THIRTY-FIVE OF THE EDUCATION LAW, THE DEPARTMENT OF EDUCATION SHALL
 BE  AUTHORIZED  TO  FORWARD A COPY OF SUCH INDIVIDUAL'S CRIMINAL HISTORY
 RECORD AND SUCH INDIVIDUAL'S FINGERPRINTS TO  THE  COMMISSIONER  OF  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES FOR PURPOSES OF CONDUCTING A
 CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS  SECTION.    FURTHERMORE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00416-01-9

 A. 3559                             2
 
 UPON  NOTIFICATION  THAT  SUCH PROSPECTIVE EMPLOYEE HAS BEEN CLEARED FOR
 EMPLOYMENT BY THE COMMISSIONER OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  PURSUANT  TO  THIS  SECTION,  THE DIVISION OF CRIMINAL JUSTICE
 SERVICES SHALL HAVE THE AUTHORITY TO PROVIDE SUBSEQUENT CRIMINAL HISTORY
 NOTIFICATIONS DIRECTLY TO SUCH COMMISSIONER.
   § 3. This act shall take effect immediately.