NY State Senate Bill S5811A

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to children and families
May 30, 2019	print number 5811a
May 30, 2019	amend and recommit to children and families
May 15, 2019	referred to children and families

Bill Amendments

Original

A (Active)

Original

A (Active)

S5811 - Details

See Assembly Version of this Bill:: A8393
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§424-a & 390-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S181, A3388
2023-2024: A1868

S5811 - Summary

Relates to background clearances for temporary child care employment agencies and child care educational and training institutions.

S5811 - Sponsor Memo

 
BILL NUMBER: S5811

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to amend the social services law, in relation
to background clearances for temporary child care employment agencies
and child care educational and training institutions

 
PURPOSE:

To allow child care agencies that provide temporary employment to child
care centers eligibility to access the Statewide Central Register for
Child Abuse and Maltreatment.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Subdivision 3 of Section 424-a of the
social services law by adding temporary employment agencies providing
substitute child care staff to another provide agency, and educational
and training institutions assigning child care staff as interns or resi-
dents at any other provider agency to the list of provider agencies able
to access the SCR.

Section 2 Requires employees of a temporary child care employment agency
to be subject to the criminal history record check requirements for
child care staff. These requirements include submitting fingerprint
cards and other information as required by OCFS and DCJS. This section
further allows OCFS to charge the temporary child care agency an a proc-
essing fee as defined under the executive law. Further states that once
an individual passes the background check no further requirements are
necessary for placement of that individual. This section also defines
temporary child care employment agency as an entity that employs substi-
tute child care staff to be supplied on a temporary basis to a child
care center or school age child care program. Also defines child care
educational and training institution as a n entity that assigns child
care staff as interns or residents at a child day care center of a
school age child care program

Section 3 is the effective date.

 
JUSTIFICATION:

Temporary child care employment agencies are currently unable to operate
in the State of a New York as a result of being unable to access the
Statewide Central Register for Child Abuse and Maltreatment. Individuals
who wish to work in child care are required to undergo this background
check. This legislation simply seeks to give temporary child care
centers the opportunity to access this register so that they could do
business in the State.

It is well known that child care centers are always looking for well
qualifies individuals. This legislation would allow these centers to
employ child care teachers who will act as on call substitute teachers
who are able to fill a staffing gap when a need arises.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:
Slight positive to the State.

 
EFFECTIVE DATE:
This act shall effect immediately.

S5811 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5811

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 15, 2019
                               ___________

Introduced  by  Sen.  KAPLAN -- 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  background
  clearances for temporary child care employment agencies and child care
  educational and training institutions

  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  14-a  of  part H of 56 of the laws of 2019, is
amended to read as follows:
  3. For purposes of this section,  the  term  "provider"  or  "provider
agency"  shall  mean:  an  authorized agency; the office of children and
family services; juvenile detention facilities subject  to  the  certif-
ication  of  the office of children and family services; programs estab-
lished pursuant to article nineteen-H of the executive law; non-residen-
tial 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;  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;  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; resi-
dential schools which are operated, supervised or approved by the educa-
tion  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD11617-01-9

S. 5811                             2

defined  in subdivision twenty-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; 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.  Section 390-b of the social services law is amended by adding a
new subdivision 12 to read as follows:
  12. 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.
  § 3. This act shall take effect immediately.

Co-Sponsors

S5811A (ACTIVE) - Details

See Assembly Version of this Bill:: A8393
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§424-a & 390-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S181, A3388
2023-2024: A1868

S5811A (ACTIVE) - Summary

Relates to background clearances for temporary child care employment agencies and child care educational and training institutions.

S5811A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5811A

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to amend the social services law, in relation
to background clearances for temporary child care employment agencies
and child care educational and training institutions

 
PURPOSE::

To allow child care agencies that provide temporary employment to child
care centers eligibility to access the Statewide Central Register for
Child Abuse and Maltreatment.

 
SUMMARY OF PROVISIONS::

Section 1 of the bill amends Subdivision 3 of Section 424-a of the
social services law by adding temporary employment agencies providing
substitute child care staff to another provide agency, and educational
and training institutions assigning child care staff as interns or resi-
dents at any other provider agency to the list of provider agencies able
to access the SCR.

Section 2 Requires employees of a temporary child care employment agency
to be subject to the criminal history record check requirements for
child care staff. These requirements include submitting fingerprint
cards and other information as required by OCFS and DCJS.  This section
further allows OCFS to charge the temporary child care agency an a proc-
essing fee as defined under the executive law. Further states that once
an individual passes the background check no further requirements are
necessary for placement of that individual.  This section also defines
temporary child care employment agency as an entity that employs substi-
tute child care staff to be supplied on a temporary basis to a child
care center or school age child care program. Also defines child care
educational and training institution as an entity that assigns child
care staff as interns or residents at a child day care center of a
school age child care program

Section 3 is the effective date.

 
JUSTIFICATION::

Temporary child care employment agencies are currently unable to operate
in the State of a New York as a result of being unable to access the
Statewide Central Register for Child Abuse and Maltreatment.  Individ-
uals who wish to work in child care are required to undergo this back-
ground check. This legislation simply seeks to give temporary child care
centers the opportunity to access this register so that they could do
business in the State.

It is well known that child care centers are always looking for well
qualifies individuals. This legislation would allow these center s to
employ child care teachers who will act as on call substitute teachers
who are able to fill a staffing gap when a need arises.

 
LEGISLATIVE HISTORY::

New Bill.

 
FISCAL IMPLICATIONS::
Slight positive to the State.

 
EFFECTIVE DATE::

This act shall effect on January 1, 2020.

S5811A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5811--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 15, 2019
                               ___________

Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the social  services  law,  in  relation  to  background
  clearances for temporary child care employment agencies and child care
  educational and training institutions

  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 14-a of part H of chapter 56 of the laws of 2019,
is amended to read as follows:
  3. For purposes of this section,  the  term  "provider"  or  "provider
agency"  shall  mean:  an  authorized agency; the office of children and
family services; juvenile detention facilities subject  to  the  certif-
ication  of  the office of children and family services; programs estab-
lished pursuant to article nineteen-H of the executive law; non-residen-
tial 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;  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;  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; resi-
dential schools which are operated, supervised or approved by the educa-
tion  department;  health  homes,  or  any  subcontractor of such health
homes, who contracts with or is approved or otherwise authorized by  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD11617-03-9

S. 5811--A                          2

department  of  health  to  provide  health  home  services to all those
enrolled pursuant to  a  diagnosis  of  a  developmental  disability  as
defined  in subdivision twenty-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; 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.  Section 390-b of the social services law is amended by adding a
new subdivision 12 to read as follows:
  12. 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.
  § 3. This act shall take effect January 1, 2020.

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The New York State Senate

senate Bill S5811A

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Your Voice

Actions

Bill Amendments

S5811 - Details

S5811 - Summary

S5811 - Sponsor Memo

S5811 - Bill Text download pdf

Co-Sponsors

S5811A (ACTIVE) - Details

S5811A (ACTIVE) - Summary

S5811A (ACTIVE) - Sponsor Memo

S5811A (ACTIVE) - Bill Text download pdf

Comments

Related Recent Legislation

Related Issues

Related News

senate Bill S5811A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Your Voice

Actions

Bill Amendments

S5811 - Details

S5811 - Summary

S5811 - Sponsor Memo

S5811 - Bill Text download pdf

Co-Sponsors

S5811A (ACTIVE) - Details

S5811A (ACTIVE) - Summary

S5811A (ACTIVE) - Sponsor Memo

S5811A (ACTIVE) - Bill Text download pdf

Comments

Related Recent Legislation

Related Issues

Related News

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In The News

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