NY State Senate Bill 2019-S5811A

Senate Bill S5811A

2019-2020 Legislative Session

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

download bill text pdf

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	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)

2019-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

2019-S5811 - Summary

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

2019-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.

2019-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

2019-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

2019-S5811A (ACTIVE) - Summary

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

2019-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.

2019-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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Senate Bill S5811A

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Sponsored By

Anna M. Kaplan