S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4957
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by  M.  of  A. TITUS, COOK, JAFFEE, HYNDMAN -- 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. Subdivision 3 of section 424-a of the social services  law,
 as  amended by section 6 of part C of chapter 57 of the laws of 2018, 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;
 health homes, or any subcontractor of such health homes,  who  contracts
 with  or is approved or otherwise authorized by the department of health
 to provide health home services to all  those  enrolled  pursuant  to  a
 diagnosis  of a developmental disability as defined in subdivision twen-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07702-01-9

 A. 4957                             2
 
 ty-two of section 1.03 of the mental hygiene law and enrollees  who  are
 under  twenty-one  years of age under section three hundred sixty-five-l
 of this chapter, or any entity that provides home  and  community  based
 services  to  enrollees  who  are  under twenty-one years of age under a
 demonstration program pursuant to section eleven hundred fifteen of  the
 federal  social  security  act; 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  agency  is  a  publicly-funded  emergency
 shelter  for families with children, then all references in this section
 to the "potential for regular and substantial contact  with  individuals
 who  are  cared  for by the agency" 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

 A. 4957                             3
 
 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
 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.