1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title O: Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents
  6. Article 260: Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons


Section 260.35 Misrepresentation by, or on behalf of, a caregiver for a child or children

Penal (PEN)

§ 260.35 Misrepresentation by, or on behalf of, a caregiver for a child

   or children.

  1. A person is guilty of misrepresentation by, or on behalf of, a caregiver for a child or children when he or she:

  (a) intentionally makes a false written statement about himself, herself, or another person while he or she, or such other person, is being considered for employment, or while under employment as a caregiver to a parent or guardian of a child or children, or the agent of a parent or guardian, and

  (b) such statement contains a materially false representation regarding the caregiver's background related to the ability to safely care for a child or children, and

  (c) a reasonable person would have relied upon such statement in making an employment decision.

  2. For the purposes of this section, "caregiver" shall mean a person employed by or being considered for employment to provide fifteen or more hours of care per week to a child or children in the home of such child or children or in the home of such caregiver, provided that such term shall not apply to a child day care provider required to be licensed pursuant to the social services law.

  Misrepresentation by, or on behalf of, a caregiver for a child or children is a class A misdemeanor, provided, however, that if any sentence of imprisonment is imposed for a conviction under this section, term of imprisonment shall not exceed six months.