NY State Senate Bill 2023-S4599

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to children and families
Feb 13, 2023	referred to children and families

2023-S4599 (ACTIVE) - Details

See Assembly Version of this Bill:: A2796
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Add §390-n, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: A10718

2023-S4599 (ACTIVE) - Summary

Authorizes the fingerprinting of employees of informal child care providers; defines terms; provides that an informal child care provider means a program in a facility, other than a residence, in which child care is provided on a regular basis and is not required to be licensed by or registered with the office or licensed by the city of New York.

2023-S4599 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4599

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the social services law, in relation to fingerprinting
employees of informal child care providers

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize nursery schools and informal child care providers to fing-
erprint their employees for purposes of conducting a background check.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one adds a new section 390-m to the social services law to
provide that any informal child care providers may, as a condition of
securing employment or of continuing employment, require that all of its
employees be fingerprinted. Such fingerprints shall be submitted to the
division of criminal justice services for a state criminal history
record check, as defined in subdivision one of section three thousand
thirty-five of the education law, and may be submitted to the federal

bureau of investigation for a national criminal history record check.

 
JUSTIFICATION:

Under current law, OCFS licensed child care providers must conduct back-
ground checks on their employees. However, a gap in the law exists as
there is no authorization to conduct checks for employees of nursery
schools and informal care programs.

Nursery schools and informal programs have become an increasingly
sought-after option as the child care shortage persists. Many parents
incorrectly assume that these providers are already doing background
checks on their employees. This bill would authorize these providers to
fingerprint employees for the purposes of conducting a state criminal
history record check with DCJS, as well as a national criminal history
check with the FBI. Background checks will ensure the safety and wellbe-
ing of the children in the care of these providers and will give parents
peace of mind.

Furthermore, this legislation is needed if the Clean Slate bill
(A.6399C/S.1553D) becomes law. That bill includes an exemption to allow
access to conviction records that would otherwise be sealed to child
care providers who have been authorized to conduct fingerprint-based
criminal history record checks. Therefore, the group of providers
captured in this bill must be authorized to fingerprint employees to
ensure access to these records.

 
PRIOR LEGISLATIVE HISTORY:

Senate

New Bill.

Assembly

2022: A10718, referred to children and families

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S4599 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4599
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  fingerprinting
   employees of informal child care providers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 390-n to read as follows:
   § 390-N. FINGERPRINTING EMPLOYEES OF INFORMAL CHILD CARE PROVIDERS. 1.
 FOR  PURPOSES  OF  THIS  SECTION, "INFORMAL CHILD CARE PROVIDER" MEANS A
 PROGRAM IN A FACILITY, OTHER THAN A RESIDENCE,  IN WHICH CHILD  CARE  IS
 PROVIDED  ON  A REGULAR BASIS AND IS NOT REQUIRED TO BE LICENSED BY   OR
 REGISTERED WITH THE  OFFICE  OR  LICENSED  BY  THE  CITY  OF  NEW  YORK.
 INFORMAL CHILD CARE PROVIDERS INCLUDE, BUT ARE NOT LIMITED TO:
   (A) NURSERY SCHOOLS AND PROGRAMS FOR PRE-SCHOOL-AGED CHILDREN OPERATED
 BY  NON-PROFIT AGENCIES OR ORGANIZATIONS OR PRIVATE PROPRIETARY AGENCIES
 WHICH PROVIDE SERVICES FOR THREE OR LESS HOURS PER DAY;
   (B) CHILD CARE PROGRAMS CARING FOR NOT MORE THAN SIX SCHOOL-AGED CHIL-
 DREN  DURING  NON-SCHOOL   HOURS.   FOR PURPOSES   OF   THIS  PARAGRAPH,
 "SCHOOL-AGED  CHILDREN"  MEANS  CHILDREN UNDER THIRTEEN YEARS OF AGE WHO
 ARE ENROLLED IN KINDERGARTEN OR A HIGHER GRADE;
   (C)  CHILD  CARE  PROGRAMS CARING FOR TODDLERS FROM EIGHTEEN MONTHS TO
 THIRTY-SIX MONTHS OF AGE FOR THREE OR LESS HOURS PER DAY; AND
   (D) CHILD CARE PROGRAMS CARING FOR INFANTS UP TO  EIGHTEEN  MONTHS  OF
 AGE FOR THREE OR LESS HOURS PER DAY.
   2. ANY INFORMAL CHILD CARE PROVIDER MAY, AS A  CONDITION  OF  SECURING
 EMPLOYMENT  OR OF CONTINUING EMPLOYMENT, REQUIRE THAT ALL OF ITS EMPLOY-
 EES BE FINGERPRINTED. SUCH FINGERPRINTS SHALL BE SUBMITTED TO THE  DIVI-
 SION  OF  CRIMINAL  JUSTICE SERVICES FOR A STATE CRIMINAL HISTORY RECORD
 CHECK, AS DEFINED IN SUBDIVISION ONE OF SECTION THREE  THOUSAND  THIRTY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05785-01-3
 S. 4599                             2

 
 FIVE OF THE EDUCATION LAW, AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF
 INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK.
   § 2. This act shall take effect immediately.

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Senate Bill S4599

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

2023-S4599 (ACTIVE) - Details

2023-S4599 (ACTIVE) - Summary

2023-S4599 (ACTIVE) - Sponsor Memo

2023-S4599 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4599

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Sponsored By

James Skoufis

Current Bill Status - In Senate Committee Children And Families Committee

2023-S4599 (ACTIVE) - Details

2023-S4599 (ACTIVE) - Summary

2023-S4599 (ACTIVE) - Sponsor Memo

2023-S4599 (ACTIVE) - Bill Text download pdf

Comments