Bill Text: NY A00412 | 2019-2020 | General Assembly | Amended
Bill Title: Provides that the period of licensure or certification for child care providers shall be for four years; relates to required inspections and background clearances; directs the office of children and family services to promulgate necessary rules and regulations setting forth training requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-01-13 - enacting clause stricken [A00412 Detail]
Download: New_York-2019-A00412-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 412--B 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. JAFFEE -- read once and referred to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to the licensure, registration and required inspections, background clearances and training for child care providers; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 1 of 2 section 390 of the social services law, as added by chapter 750 of the 3 laws of 1990, is amended to read as follows: 4 (i) "Child day care" shall mean child care where a license or regis- 5 tration pursuant to this section is required and shall include care for 6 a child on a regular basis provided away from the child's residence for 7 less than twenty-four hours per day by someone other than: (1) the 8 parent, step-parent, guardian, or relative within the third degree of 9 consanguinity of the parents or step-parents of such child; or (2) an 10 enrolled legally exempt provider as such term is defined in paragraph 11 (g) of this subdivision. 12 § 2. Subdivision 1 of section 390 of the social services law is 13 amended by adding a new paragraph (g) to read as follows: 14 (g) "Enrolled legally exempt provider" shall mean a person who is a 15 caregiver or entity that is not required to be licensed or registered 16 pursuant to this section and that is enrolled to be a caregiver and 17 provide subsidized child care services to eligible families in accord- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04776-04-9A. 412--B 2 1 ance with title five-C of this article and the regulations of the office 2 of children and family services. 3 § 3. Subdivision 2 of section 390 of the social services law is 4 amended by adding a new paragraph (d-1) to read as follows: 5 (d-1) (i) The office of children and family services shall promulgate 6 regulations for enrollment of enrolled legally exempt providers, which 7 shall include the completion of a satisfactory inspection of the prem- 8 ises where care is to be provided, by the office of children and family 9 services. 10 (ii) Provided however, such inspections shall not be required when the 11 enrolled legally exempt provider is an individual, age eighteen or 12 older, and who, by virtue of blood, marriage or court decree, is, to all 13 of the children that such person is enrolled to provide subsidized child 14 care services to in accordance with title five-C of this article: 15 (A) a grandparent; 16 (B) a great-grandparent; 17 (C) a sibling, provided that such sibling resides in a separate house- 18 hold from the child; 19 (D) an aunt; or 20 (E) an uncle. 21 § 4. Paragraphs (a) and (b) of subdivision 3 of section 390 of the 22 social services law, paragraph (a) as amended by chapter 416 of the laws 23 of 2000, and paragraph (b) as amended by chapter 117 of the laws of 24 2010, are amended to read as follows: 25 (a) (i) The office of children and family services may make announced 26 or unannounced inspections of the records and premises of any: 27 (1) child day care provider, whether or not such provider has a 28 license from, or is registered with, the office of children and family 29 services; and 30 (2) any existing enrolled legally exempt provider except when such 31 provider is determined to be exempt in accordance with subparagraph (ii) 32 of paragraph (d-1) of subdivision two of this section. 33 (ii) The office of children and family services shall make unannounced 34 inspections of the records and premises of any child day care provider 35 within fifteen days after the office of children and family services 36 receives a complaint that, if true, would indicate such provider does 37 not comply with the applicable regulations of the office of children and 38 family services or with statutory requirements. If the complaint indi- 39 cates that there may be imminent danger to the children, the office of 40 children and family services shall investigate the complaint no later 41 than the next day of operation of the provider. The office of children 42 and family services may provide for inspections through the purchase of 43 services. 44 (b) (i) Where inspections have been made and violations of applicable 45 statutes or regulations have been found, the office of children and 46 family services shall within ten days advise the child day care provider 47 in writing of the violations and require the provider to correct such 48 violations. The office of children and family services may also act 49 pursuant to subdivisions ten and eleven of this section. 50 (ii) Where inspections have been made and violations of applicable 51 statutes or regulations have been found, the office of children and 52 family services or its designees shall, within ten days, advise the 53 enrolled legally exempt provider in writing of the violations and 54 require the provider to correct such violations.A. 412--B 3 1 § 5. Paragraph (a) of subdivision 4 of section 390 of the social 2 services law, as amended by chapter 416 of the laws of 2000, is amended 3 to read as follows: 4 (a) The office of children and family services on an annual basis 5 shall inspect [at least twenty percent of all registered family day care6homes, registered child day care centers and registered school age child7care programs to determine whether such homes, centers and programs are8operating in compliance with applicable statutes and regulations. The9office of children and family services shall increase the percentage of10family day care homes, child day care centers and school age child care11programs which are inspected pursuant to this subdivision as follows: to12at least thirty percent by the thirty-first of December two thousand;13and to at least fifty percent by the thirty-first of December two thou-14sand one] all child day care programs and all enrolled legally exempt 15 providers except when such provider is determined to be exempt in 16 accordance with subparagraph (ii) of paragraph (d-1) of subdivision two 17 of this section. The office of children and family services may provide 18 for such inspections through purchase of services. [Priority shall be19given to family day care homes which have never been licensed or certi-20fied prior to initial registration.] 21 § 6. Paragraph (a) of subdivision 2 of section 390 of the social 22 services law, as amended by chapter 117 of the laws of 2010, is amended 23 to read as follows: 24 (a) Child day care centers caring for seven or more children and group 25 family day care programs, as defined in subdivision one of this section, 26 shall obtain a license from the office of children and family services 27 and shall operate in accordance with the terms of such license and the 28 regulations of such office. Initial licenses [shall be valid for a peri-29od of up to two years;] and subsequent licenses shall be valid for a 30 period of up to four years so long as the provider remains substantially 31 in compliance with applicable law and regulations during such period. 32 § 7. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2 33 of section 390 of the social services law, as amended by chapter 117 of 34 the laws of 2010, is amended to read as follows: 35 (A) Initial registrations [shall be valid for a period of up to two36years,] and subsequent registrations shall be valid for a period of up 37 to four years so long as the provider remains substantially in compli- 38 ance with applicable law and regulations during such period. 39 § 8. Subdivision 3 of section 390-a of the social services law, as 40 added by chapter 416 of the laws of 2000, paragraph (b) as amended by 41 chapter 552 of the laws of 2003, and subparagraph (ix) of paragraph (b) 42 as amended by chapter 117 of the laws of 2010, is amended to read as 43 follows: 44 3. (a) The office of children and family services shall promulgate 45 regulations [requiring] setting forth the training requirements, includ- 46 ing any federally required training, for operators, program directors, 47 employees [and], assistants [of] and any volunteer who has the potential 48 for regular and substantial contact with children and/or unsupervised 49 contact with children in care, but only when such unsupervised contact 50 involves caring for the child in their professional or official capacity 51 and as a volunteer, in family day care homes, group family day care 52 homes, school-age child care programs and child day care centers. Such 53 individuals shall be required to receive thirty hours of training every 54 two years; provided, however, [that fifteen] any individual or provider 55 who is already in compliance with this subdivision, prior to the effec- 56 tive date of the chapter of the laws of two thousand nineteen thatA. 412--B 4 1 amended this subdivision, shall only be required to complete any addi- 2 tional federal training requirements which they have not already 3 completed in order to be deemed in compliance with this subdivision. 4 Fifteen hours of such training must be received within the first six 5 months of the initial licensure, registration or employment. [Such6training requirements shall also apply to any volunteer in such day care7homes, programs or centers who has the potential for regular and8substantial contact with children.] The thirty hours of training 9 required during the first biennial cycle after initial licensure or 10 registration shall include training received while an application for 11 licensure or registration pursuant to section three hundred ninety of 12 this title is pending. The office of children and family services may 13 provide this training through purchase of services. 14 (b) The training required in paragraph (a) of this subdivision shall 15 address the following topics: 16 (i) principles of childhood development, focusing on the developmental 17 stages of the age groups for which the program provides care; 18 (ii) nutrition and health needs of infants and children; 19 (iii) child day care program development; 20 (iv) safety and security procedures; 21 (v) business record maintenance and management; 22 (vi) child abuse and maltreatment identification and prevention; 23 (vii) statutes and regulations pertaining to child day care; 24 (viii) statutes and regulations pertaining to child abuse and 25 maltreatment; and 26 (ix) for operators, program directors, employees and assistants of 27 family day care homes, group family day care homes and child day care 28 centers, education and information on the identification, diagnosis and 29 prevention of shaken baby syndrome[.]; and 30 (x) any other topics necessary to meet federal training requirements. 31 (c) For the thirty hours of biennial training required after the 32 initial period of licensure or registration, each provider who can 33 demonstrate basic competency shall determine in which of the specified 34 topics he or she needs further study, based on the provider's experience 35 and the needs of the children in the provider's care. 36 (d) Family day care home and group family day care home operators 37 shall obtain training pertaining to protection of the health and safety 38 of children, as required by regulation, prior to the issuance of a 39 license or registration by the office of children and family services. 40 (e) Upon request by the office of children and family services, the 41 child day care applicant or provider shall submit documentation demon- 42 strating compliance with the training requirements of this section. 43 § 9. The section heading of section 390-b of the social services law, 44 as added by chapter 416 of the laws of 2000, is amended to read as 45 follows: 46 Criminal history review and background clearances of child care 47 providers, generally. 48 § 10. Subdivisions 1, 2 and 3 of section 390-b of the social services 49 law are REPEALED and three new subdivisions 1, 2 and 3 are added to 50 read as follows: 51 1. Subject to implementing rules and regulations of the office of 52 children and family services and, where applicable, the division of 53 criminal justice services, the following background clearances shall be 54 conducted expeditiously, but in any event, within the timeframes 55 required by federal law, for entities specified in subdivision two of 56 this section in the manner as required by this section:A. 412--B 5 1 (a) a criminal history record check with the division of criminal 2 justice services; 3 (b) a search of the criminal history repository in each state other 4 than New York where such person resides or resided during the preceding 5 five years, if applicable, unless such state's criminal history record 6 information will be provided as part of the results of the background 7 clearance conducted pursuant to paragraph (c) of this subdivision; 8 (c) a national criminal record check with the federal bureau of inves- 9 tigation; the division of criminal justice services is directed to 10 submit fingerprints to the federal bureau of investigation for the 11 purpose of a nationwide criminal history record check, pursuant to and 12 consistent with public law 113-186 to determine whether such persons 13 shall have a criminal history in any state or federal jurisdiction; 14 (d) a search of the New York state sex offender registry; 15 (e) a search of any state sex offender registry or repository in each 16 state other than New York where such person resides or resided during 17 the preceding five years, if applicable, unless such state's sex offen- 18 der registry information will be provided as part of the clearance 19 conducted pursuant to paragraph (f) of this subdivision; 20 (f) a search of the national sex offender registry using the national 21 crime and information center, established under the Adam Walsh child 22 protection and safety act of 2006 (42 U.S.C. 16901 et seq.); 23 (g) a database check of the statewide central register of child abuse 24 and maltreatment in accordance with section four hundred twenty-four-a 25 of this article; and 26 (h) a search of a state-based child abuse or neglect repository of any 27 state other than New York where such person resides or resided during 28 the preceding five years; if applicable. 29 2. (a) In relation to any child day care program or enrolled legally 30 exempt provider, as defined in section three hundred ninety of this 31 title, the following individuals shall be required to receive background 32 clearances as required in subdivision one of this section: 33 (i) any applicant to be an operator or director of a child day care 34 program; 35 (ii) any current operator or director of a child day care program; 36 (iii) any applicant to enroll to be a caregiver for an enrolled legal- 37 ly exempt provider, unless such individual is related to all children 38 for whom child care services are provided; 39 (iv) any current caregiver for an enrolled legally exempt provider, 40 unless such individual is related to all children for whom child care 41 services are provided; 42 (v) any applicant to be an employee, assistant or volunteer, when such 43 volunteer has the potential for unsupervised contact with children in a 44 child day care program; 45 (vi) any current employee, assistant or volunteer, when such volunteer 46 has the potential for unsupervised contact with children in a child day 47 care program; 48 (vii) any applicant to be an employee, assistant or volunteer with the 49 potential for unsupervised contact with children in an enrolled legally 50 exempt provider, unless such individual is related to all children for 51 whom child care services are provided; 52 (viii) any current employee, assistant, or volunteer with the poten- 53 tial for unsupervised contact with children in an enrolled legally 54 exempt provider, unless such individual is related to all children for 55 whom child care services are provided; andA. 412--B 6 1 (ix) where the child care services will be or are provided in a home 2 setting where the child does not reside, any individual, age eighteen or 3 older who is not related to all children for whom child care services 4 are or will be provided, resides or begins to reside. 5 (b) Provided however, the background clearances required pursuant to 6 paragraphs (a), (c), (d) and (g) of subdivision one of this section 7 shall, beginning September first, two thousand nineteen, be completed 8 for individuals referenced in subparagraphs (i), (iii), (v), (vii) and 9 (ix) of paragraph (a) of this subdivision. 10 (c) Notwithstanding paragraph (b) of this subdivision, prior to Octo- 11 ber first, two thousand twenty, all background clearances listed in 12 subdivision one of this section that have not previously been conducted 13 pursuant to paragraph (b) of this subdivision and for which on-going 14 criminal history results are not already provided, shall be conducted in 15 accordance with a schedule developed by the office of children and fami- 16 ly services, for background clearances required in subparagraphs (ii), 17 (iv), (vi), (viii) and (ix) of paragraph (a) of this subdivision. 18 (d) The office of children and family services shall also develop a 19 schedule for applicable background clearance required to be completed in 20 accordance with subdivision one of this section after background clear- 21 ances pursuant to paragraphs (b) and (c) of this subdivision have been 22 completed for compliance with the federal child care and development 23 block grant act. 24 (e) The background clearances required pursuant to this section other 25 than those for which on-going criminal history results are provided, 26 shall be conducted for a person listed in subparagraphs (ii), (iv), 27 (vi), (viii) and (ix) of paragraph (a) of this subdivision at least once 28 every five years in accordance with a schedule developed by the office 29 of children and family services. 30 3. (a) In relation to the background clearances required pursuant this 31 section, an individual required to receive background clearances pursu- 32 ant to paragraph (a) of subdivision two of this section shall be deemed 33 ineligible to provide child care services in any child day care program 34 or as an enrolled legally exempt provider, as defined in section three 35 hundred ninety of this title, if such individual: 36 (i) refuses to consent to such clearance; 37 (ii) knowingly makes a materially false statement in connection with 38 such a clearance; 39 (iii) is registered, or is required to be registered, on a state sex 40 offender registry or repository or the national sex offender registry 41 established under the Adam Walsh child protection and safety act of 2006 42 (42 U.S.C. 16901 et seq.); or 43 (iv) has been convicted of a crime enumerated in subparagraph (E) or 44 clauses (i) through (viii) of subparagraph (D) of paragraph (1) of 45 subdivision (C) of 42 U.S.C. 9858f. 46 (b) Except as set forth in paragraph (c) of this subdivision, after 47 reviewing any New York criminal record check of an individual who is 48 required to receive such background clearance pursuant to subdivision 49 two of this section, the office of children and family services and the 50 program or provider shall take the following actions: 51 (i) Where the criminal record check of an individual required to 52 receive background clearances pursuant to subparagraphs (i), (iii) and 53 (ix) of paragraph (a) of subdivision two of this section, reveals a 54 conviction for a crime other than one set forth in subparagraph (iv) of 55 paragraph (a) of this subdivision, the office of children and family 56 services may deny the application, only after providing a copy of suchA. 412--B 7 1 criminal history information and a copy of article twenty-three-A of the 2 correction law to the individual and informing such individual of his or 3 her right to seek correction of any incorrect information contained in 4 such criminal history information provided by the division of criminal 5 justice services pursuant to the regulations and the right of such indi- 6 vidual to provide information relevant to such analysis to the office of 7 children and family services, consistent with article twenty-three-A of 8 the correction law; 9 (ii) Where the criminal record check of an individual required to 10 receive background clearances pursuant to subparagraphs (i), (iii) and 11 (ix) of paragraph (a) of subdivision two of this section, reveals a 12 pending charge for any crime, the office of children and family services 13 shall hold the application in abeyance until the charge is adjudicated; 14 (iii) Where the criminal record check of an individual required to 15 receive background clearances pursuant to subparagraphs (ii), (iv) and 16 (ix) of paragraph (a) of subdivision two of this section, reveals a 17 conviction for a crime other than one set forth in subparagraph (iv) of 18 paragraph (a) of this subdivision, the office of children and family 19 services shall conduct a safety assessment of the program or provider 20 and take all appropriate steps to protect the health and safety of the 21 children receiving care at such location. The office may deny, limit, 22 suspend, revoke, reject or terminate a license or registration or termi- 23 nate such provider's enrollment, as applicable based on such a 24 conviction, only after providing a copy of such criminal history infor- 25 mation and a copy of article twenty-three-A of the correction law to the 26 individual and informing such individual of his or her right to seek 27 correction of any incorrect information contained in such criminal 28 history information provided by the division of criminal justice 29 services pursuant to the regulations and the right of such individual to 30 provide information relevant to such analysis to the office of children 31 and family services, consistent with article twenty-three-A of the 32 correction law; 33 (iv) Where the criminal record check of an individual required to 34 receive background clearances pursuant to subparagraphs (ii), (iv) and 35 (ix) of paragraph (a) of subdivision two of this section, reveals a 36 pending charge for any crime, the office of children and family services 37 shall conduct a safety assessment of the program or provider and take 38 all appropriate steps to protect the health and safety of the children 39 receiving care at such location. The office may suspend a license, 40 registration, or enrollment, as applicable based on such pending charge 41 where necessary to protect the health and safety of the children receiv- 42 ing care at such location consistent with article twenty-three-A of the 43 correction law; 44 (v) Where the criminal record check of an individual required to 45 receive background clearances pursuant to subparagraphs (v) and (vii) of 46 paragraph (a) of subdivision two of this section, reveals a conviction 47 for a crime other than one set forth in subparagraph (iv) of paragraph 48 (a) of this subdivision, the office of children and family services may, 49 direct the program or provider to deny the application, only after 50 providing a copy of such criminal history information and a copy of 51 article twenty-three-A of the correction law to the individual and 52 informing such individual of his or her right to seek correction of any 53 incorrect information contained in such criminal history information 54 provided by the division of criminal justice services pursuant to the 55 regulations and the right of such individual to provide informationA. 412--B 8 1 relevant to such analysis to the office of children and family services, 2 consistent with article twenty-three-A of the correction law; 3 (vi) Where the criminal record check of an individual required to 4 receive background clearances pursuant to subparagraphs (v) and (vii) of 5 paragraph (a) of subdivision two of this section, reveals a pending 6 charge for any crime, the office of children and family services shall 7 hold the application in abeyance until the charge is adjudicated; 8 (vii) Where the criminal record check of an individual required to 9 receive background clearances pursuant to subparagraphs (vi) and (viii) 10 of paragraph (a) of subdivision two of this section reveals a conviction 11 for a crime other than one set forth in subparagraph (iv) of paragraph 12 (a) of this subdivision, the office of children and family services 13 shall conduct a safety assessment of the program or provider and take 14 all appropriate steps to protect the health and safety of the children 15 receiving care at such location. The office may direct the program or 16 provider to terminate the employee, assistant or volunteer based on such 17 a conviction, only after providing a copy of such criminal history 18 information and a copy of article twenty-three-A of the correction law 19 to the individual and informing such individual of his or her right to 20 seek correction of any incorrect information contained in such criminal 21 history information provided by the division of criminal justice 22 services pursuant to the regulations and the right of such individual to 23 provide information relevant to such analysis to the office of children 24 and family services, consistent with article twenty-three-A of the 25 correction law and in accordance with any applicable collective bargain- 26 ing agreement; 27 (viii) Where the criminal record check of an individual required to 28 receive background clearances pursuant to subparagraphs (vi) and (viii) 29 of paragraph (a) of subdivision two of this section reveals a pending 30 charge for any crime, the office of children and family services shall 31 conduct a safety assessment of the program or provider and take all 32 appropriate steps to protect the health and safety of the children 33 receiving care at such location; or 34 (ix) Advise the program or provider that the individual has no crimi- 35 nal history record. 36 (c)(i) The office of children and family services shall not release 37 the report of the national criminal record check received from the 38 federal bureau of investigation in accordance with this subdivision to 39 any non-public entity or entity not otherwise authorized. 40 (ii) Notwithstanding any other provision of law to the contrary, after 41 reviewing any national criminal record check of an individual who is 42 required to receive such background clearance pursuant to paragraph (a) 43 of subdivision two of this section, the office of children and family 44 services shall proceed as follows: (A) review and evaluate the results 45 of the national criminal record check of a current or prospective opera- 46 tor, director, caregiver, employee, assistant, volunteer with the poten- 47 tial for unsupervised contact with the child receiving services as well 48 as any other person eighteen years of age or older who resides in the 49 home where care is provided or to be provided, other than in the child's 50 home, in accordance with the standards set forth in paragraphs (a) and 51 (b) of this subdivision relating to convictions that make an individual 52 ineligible, discretionarily ineligible, or a direction that such indi- 53 vidual's background clearance request be held in abeyance during the 54 pendency of certain criminal charges; and (B) based on the results of 55 the national criminal record check, where applicable, inform such child 56 day care program or enrolled legally exempt provider that the applica-A. 412--B 9 1 tion or employment (1) must be denied or terminated; (2) must be held in 2 abeyance pending subsequent notification pursuant to subdivision six of 3 this section, from the office of children and family services; or (3) 4 that the office of children and family services has no objection, solely 5 based on the national criminal record check, for the child day care 6 program or enrolled legally exempt provider to proceed with a determi- 7 nation on such application or current employment based on any currently 8 required standards. 9 (iii) Where the office of children and family services directs the 10 child day care program or enrolled legally exempt provider to deny the 11 application or terminate employment in accordance with this paragraph, 12 the office of children and family services shall also notify as the case 13 may be, such current or prospective employee, assistant, volunteer with 14 the potential for unsupervised contact with children or other person 15 eighteen years of age or older, who resides in the home where care is 16 provided, other than the child's home, that the criminal record check 17 was the basis for the denial of clearance and shall provide such indi- 18 vidual with a copy of the results of the national criminal record check 19 upon which such denial was based together with a written statement 20 setting forth the reasons for such denial, as well as a copy of article 21 twenty-three-A of the correction law and inform such individual of his 22 or her right to seek correction of any incorrect information contained 23 in such national record check provided by the federal bureau of investi- 24 gation pursuant to the regulations and the right of such individual to 25 provide information relevant to such analysis. 26 § 11. Subdivisions 6 and 7 of section 390-b of the social services 27 law, as added by chapter 416 of the laws of 2000, are amended to read as 28 follows: 29 6. The notification by the office of children and family services to 30 the child day care [provider] program or enrolled legally exempt provid- 31 er pursuant to this section shall include a summary of the individual's 32 New York criminal history record, if any, provided by the division of 33 criminal justice services. When providing notification to a child day 34 care program or enrolled legally exempt provider who are non-public 35 agencies, or otherwise unauthorized to receive such notification, with 36 respect to the results of a national criminal record check performed by 37 the federal bureau of investigation, the office of children and family 38 services shall advise the program or provider, where appropriate, of the 39 category or categories of crime or crimes for which the individual has a 40 conviction, and shall not provide the specific crime or crimes of 41 conviction absent the express written consent of the person for whom the 42 national criminal record check was performed. 43 7. Where the office of children and family services directs a child 44 day care [provider] program or enrolled legally exempt provider to deny 45 an application [based on the criminal history record], the program or 46 provider must notify the applicant [that such record is] in writing the 47 basis of the denial. 48 § 12. Subdivision 10 of section 390 of the social services law, as 49 amended by chapter 416 of the laws of 2000, is amended to read as 50 follows: 51 10. (a) Any home or facility providing child day care shall be oper- 52 ated in accordance with applicable statutes and regulations. Any 53 violation of applicable statutes or regulations shall be a basis to 54 deny, limit, suspend, revoke, or terminate a license or registration. 55 Consistent with articles twenty-three and twenty-three-A of the 56 correction law, and guidelines referenced in subdivision two of sectionA. 412--B 10 1 four hundred twenty-five of this article, if the office of children and 2 family services is made aware of the existence of a criminal conviction 3 or pending criminal charge concerning an operator of a family day care 4 home, group family day care home, school-age child care program, or 5 child day care center or concerning any assistant, employee or volunteer 6 in such homes, programs or centers, or any persons age eighteen or over 7 who reside in such homes, such conviction or charge may be a basis to 8 deny, limit, suspend, revoke, reject, or terminate a license or regis- 9 tration in accordance with subdivision three of section three hundred 10 ninety-b of this title. Before any license issued pursuant to the 11 provisions of this section is suspended or revoked, before registration 12 pursuant to this section is suspended or terminated, or when an applica- 13 tion for such license is denied or registration rejected, the applicant 14 for or holder of such registration or license is entitled, pursuant to 15 section twenty-two of this chapter and the regulations of the office of 16 children and family services, to a hearing before the office of children 17 and family services. However, a license or registration shall be tempo- 18 rarily suspended or limited without a hearing upon written notice to the 19 operator of the facility following a finding that the public health, or 20 an individual's safety or welfare, are in imminent danger. The holder of 21 a license or registrant is entitled to a hearing before the office of 22 children and family services to contest the temporary suspension or 23 limitation. If the holder of a license or registrant requests a hearing 24 to contest the temporary suspension or limitation, such hearing must be 25 scheduled to commence as soon as possible but in no event later than 26 thirty days after the receipt of the request by the office of children 27 and family services. Suspension shall continue until the condition 28 requiring suspension or limitation is corrected or until a hearing deci- 29 sion has been issued. If the office of children and family services 30 determines after a hearing that the temporary suspension or limitation 31 was proper, such suspension or limitation shall be extended until the 32 condition requiring suspension or limitation has been corrected or until 33 the license or registration has been revoked. 34 (b) (i) Consistent with articles twenty-three and twenty-three-A of 35 the correction law, and guidelines developed pursuant to subdivision two 36 of section four hundred twenty-five of this article, if the office of 37 children and family services is made aware of the existence of a crimi- 38 nal conviction or pending criminal charge concerning a current or 39 prospective caregiver, employee, assistant, volunteer with the potential 40 for unsupervised contact, or any persons age eighteen or older who 41 reside in such home where care is provided, that is not in the child's 42 home, and such person is not related to all children receiving care, in 43 an enrolled legally exempt provider, such conviction or charge may be a 44 basis to terminate enrollment in accordance with subdivision three of 45 section three hundred ninety-b of this title. Before any enrollment for 46 an enrolled legally exempt provider may be terminated, or when an appli- 47 cation for such enrollment is denied, the applicant for or holder of 48 such enrollment is entitled, in accordance with section twenty-two of 49 this chapter and the implementing regulations of the office of children 50 and family services, to a hearing before the office of children and 51 family services. However, an enrollment shall be temporarily suspended 52 or limited without a hearing upon written notice to the provider follow- 53 ing a finding that the public health, or an individual's safety or 54 welfare, are in imminent danger. 55 (ii) If an enrolled legally exempt provider's enrollment is termi- 56 nated, such individual or entity shall be immediately re-enrolled onceA. 412--B 11 1 the issue that caused the initial termination has been corrected, and 2 all other elements legally required for enrollment have been satisfied. 3 § 13. Subdivisions 9 and 10 of section 390-b of the social services 4 law, as added by chapter 416 of the laws of 2000, are amended and two 5 new subdivisions 11 and 12 are added to read as follows: 6 9. Any criminal history record provided by the division of criminal 7 justice services, and any summary of the criminal history record 8 provided by the office of children and family services to a child day 9 care [provider] program or enrolled legally exempt provider pursuant to 10 this section, is confidential and shall not be available for public 11 inspection; provided, however, nothing herein shall prevent a child day 12 care [provider] program, enrolled legally exempt provider or the office 13 of children and family services from disclosing criminal history infor- 14 mation or the individual from disclosing his or her criminal history 15 information at any administrative or judicial proceeding relating to the 16 denial or revocation of an application, employment, license [or], regis- 17 tration or enrollment. The subject of a criminal history review 18 conducted pursuant to this section shall be entitled to receive, upon 19 written request, a copy of the [summary of the] criminal history record 20 [provided by the office of children and family services to the child day21care provider]. Unauthorized disclosure of such records or reports 22 shall subject the provider to civil penalties in accordance with the 23 provisions of subdivision eleven of section three hundred ninety of this 24 title. 25 10. A child day care [provider] program or enrolled legally exempt 26 provider shall advise the office of children and family services when an 27 individual who is subject to criminal history record review in accord- 28 ance with subdivision [one or] two of this section is no longer subject 29 to such review. The office of children and family services shall inform 30 the division of criminal justice services when an individual who is 31 subject to criminal history review is no longer subject to such review 32 so that the division of criminal justice services may terminate its 33 retain processing with regard to such person. At least once a year, the 34 office of children and family services will be required to conduct a 35 validation of the records maintained by the division of criminal justice 36 services. 37 11. The office of children and family services shall pay any process- 38 ing fees for a criminal history or sex offender clearance conducted 39 pursuant to subdivision one of this section. The office of children and 40 family services shall promptly submit fingerprints obtained pursuant to 41 this section and such processing fee to the division of criminal justice 42 services. 43 12. Child day care centers which are not subject to the provisions of 44 section three hundred ninety of this title shall not be subject to the 45 provisions of this section, provided however, that the city of New York 46 shall require that such child day care centers meet the requirements of 47 any federal laws and regulations pertaining to the child care develop- 48 ment and block grant and the related federally approved plans of the 49 state of New York. 50 § 14. Subparagraph (z) of paragraph (A) of subdivision 4 of section 51 422 of the social services law, as amended by section 11 of part L of 52 chapter 56 of the laws of 2015, is amended to read as follows: 53 (z) an entity with appropriate legal authority in another state to 54 license, certify or otherwise approve prospective foster parents, 55 prospective adoptive parents, prospective relative guardians [or], 56 prospective successor guardians or child care programs where disclosureA. 412--B 12 1 of information regarding such prospective foster or prospective adoptive 2 parents [or], child care programs, prospective relative or prospective 3 successor guardians and other persons over the age of eighteen residing 4 in the home of such persons [is] or where child care is provided in a 5 home other than the child's home, as required under title IV-E of the 6 federal social security act or the federal child care and development 7 block grant act (section nine thousand eight hundred fifty-eight, et 8 seq. of title forty-two of the United States Code); and 9 § 15. Paragraph (a) of subdivision 1 of section 424-a of the social 10 services law, as amended by section 12 of part L of chapter 56 of the 11 laws of 2015, is amended to read as follows: 12 (a) A licensing agency shall inquire of the [department] office of 13 children and family services and the [department] office shall, subject 14 to the provisions of paragraph (e) of this subdivision, inform such 15 agency and the subject of the inquiry whether an applicant for a certif- 16 icate, license [or], permit or enrollment when such individual is not 17 related to all children for whom care will be provided, [assistants to18group] or to become an employee, assistant or volunteer with the poten- 19 tial for unsupervised contact with children in care of a family day care 20 [providers] program or in the case of an enrolled legally exempt provid- 21 er when such individual is not related to all children for whom care 22 will be provided, the director of a camp subject to the provisions of 23 article thirteen-B of the public health law, [a prospective successor24guardian when a clearance is conducted pursuant to paragraph (d) of25subdivision two of section four hundred fifty-eight-b of this article,] 26 and any person over the age of eighteen who resides in the home of a 27 person who has applied to become an adoptive parent or a foster parent 28 [or to operate a family day care home or group family day care home or29any person over the age of eighteen residing in the home of a prospec-30tive successor guardian when a clearance is conducted of a prospective31successor guardian pursuant to this paragraph] or on the premises where 32 child care services are provided in a home other than the child's home 33 and such person is not related to all children receiving care, has been 34 or is currently the subject of an indicated child abuse and maltreatment 35 report on file with the statewide central register of child abuse and 36 maltreatment. 37 § 16. Subdivision 4 of section 424-a of the social services law, as 38 amended by section 14 of part L of chapter 56 of the laws of 2015, is 39 amended to read as follows: 40 4. For purposes of this section, the term "licensing agency" shall 41 mean an authorized agency which has received an application to become an 42 adoptive parent or an authorized agency which has received an applica- 43 tion for a certificate or license to receive, board or keep any child 44 pursuant to the provisions of section three hundred seventy-six or three 45 hundred seventy-seven of this article or an authorized agency which has 46 received an application from a relative within the second degree or 47 third degree of consanguinity of the parent of a child or a relative 48 within the second degree or third degree of consanguinity of the step- 49 parent of a child or children, or the child's legal guardian for 50 approval to receive, board or keep such child, or an authorized agency 51 that conducts a clearance pursuant to paragraph (d) of subdivision two 52 of section four hundred fifty-eight-b of this article, or a state or 53 local governmental agency which receives an application to provide child 54 day care services in a child day care center, school-age child care 55 program, family day care home or group family day care home or enrolled 56 legally exempt provider pursuant to the provisions of section threeA. 412--B 13 1 hundred ninety of this article, or the department of health and mental 2 hygiene of the city of New York, when such department receives an appli- 3 cation for a certificate of approval to provide child day care services 4 in a child day care center pursuant to the provisions of the health code 5 of the city of New York, or the office of mental health or the office 6 for people with developmental disabilities when such office receives an 7 application for an operating certificate pursuant to the provisions of 8 the mental hygiene law to operate a family care home, or a state or 9 local governmental official who receives an application for a permit to 10 operate a camp which is subject to the provisions of article thirteen-B 11 of the public health law or the office of children and family services 12 which has received an application for a certificate to receive, board or 13 keep any child at a foster family home pursuant to articles nineteen-G 14 and nineteen-H of the executive law or any other facility or provider 15 agency, as defined in subdivision four of section four hundred eighty- 16 eight of this chapter, in regard to any licensing or certification func- 17 tion carried out by such facility or agency. 18 § 17. All costs associated with activities related to the implementa- 19 tion of the federal child care development block grant reauthorization 20 act of 2014 required pursuant to this act shall be funded within the 80 21 million dollars allocated for such purpose pursuant to chapter 53 of the 22 laws of 2018. Nothing herein shall limit the ability to utilize such 23 funds to satisfy other requirements necessary to comply with the federal 24 child care development block grant reauthorization act of 2014 not 25 contained within this act. 26 § 18. Severability. If any clause, sentence, paragraph, subdivision, 27 section or part contained in any part of this act shall be adjudged by 28 any court of competent jurisdiction to be invalid, such judgment shall 29 not affect, impair, or invalidate the remainder thereof, but shall be 30 confined in its operation to the clause, sentence, paragraph, subdivi- 31 sion, section or part contained in any part thereof directly involved in 32 the controversy in which such judgment shall have been rendered. It is 33 hereby declared to be the intent of the legislature that this act would 34 have been enacted even if such invalid provisions had not be included 35 herein. 36 § 19. This act shall take effect April 1, 2019; provided, that the 37 office of children and family services is authorized to promulgate any 38 rules or regulations necessary for the implementation of this act on its 39 effective date.
