Bill Text: NY A00412 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         412--A
                               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
        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-
    18  ance with title five-C of this article and the regulations of the office
    19  of children and family services.
    20    §  3.  Subdivision  2  of  section  390  of the social services law is
    21  amended by adding a new paragraph (d-1) to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04776-02-9
        A. 412--A                           2
     1    (d-1) (i) The office of children and family services shall  promulgate
     2  regulations  for  enrollment of enrolled legally exempt providers, which
     3  shall include the completion of a satisfactory inspection of  the  prem-
     4  ises  where care is to be provided, by the office of children and family
     5  services.
     6    (ii) Provided however, such inspections shall not be required when the
     7  enrolled  legally  exempt  provider  is  an  individual, age eighteen or
     8  older, and who, by virtue of blood, marriage or court decree, is, to all
     9  of the children that such person is enrolled to provide subsidized child
    10  care services to in accordance with title five-C of this article:
    11    (A) a grandparent;
    12    (B) a great-grandparent;
    13    (C) a sibling, provided that such sibling resides in a separate house-
    14  hold from the child;
    15    (D) an aunt; or
    16    (E) an uncle.
    17    § 4. Paragraphs (a) and (b) of subdivision 3 of  section  390  of  the
    18  social services law, paragraph (a) as amended by chapter 416 of the laws
    19  of  2000,  and  paragraph  (b)  as amended by chapter 117 of the laws of
    20  2010, are amended to read as follows:
    21    (a) (i) The office of children and family services may make  announced
    22  or unannounced inspections of the records and premises of any:
    23    (1)  child  day  care  provider,  whether  or  not such provider has a
    24  license from, or is registered with, the office of children  and  family
    25  services; and
    26    (2)  any  existing  enrolled  legally exempt provider except when such
    27  provider is determined to be exempt in accordance with subparagraph (ii)
    28  of paragraph (d-1) of subdivision two of this section.
    29    (ii) The office of children and family services shall make unannounced
    30  inspections of the records and premises of any child day  care  provider
    31  within  fifteen  days  after  the office of children and family services
    32  receives a complaint that, if true, would indicate  such  provider  does
    33  not comply with the applicable regulations of the office of children and
    34  family  services  or with statutory requirements. If the complaint indi-
    35  cates that there may be imminent danger to the children, the  office  of
    36  children  and  family  services shall investigate the complaint no later
    37  than the next day of operation of the provider. The office  of  children
    38  and  family services may provide for inspections through the purchase of
    39  services.
    40    (b) (i) Where inspections have been made and violations of  applicable
    41  statutes  or  regulations  have  been  found, the office of children and
    42  family services shall within ten days advise the child day care provider
    43  in writing of the violations and require the provider  to  correct  such
    44  violations.  The  office  of  children  and family services may also act
    45  pursuant to subdivisions ten and eleven of this section.
    46    (ii) Where inspections have been made  and  violations  of  applicable
    47  statutes  or  regulations  have  been  found, the office of children and
    48  family services or its designees shall,  within  ten  days,  advise  the
    49  enrolled  legally  exempt  provider  in  writing  of  the violations and
    50  require the provider to correct such violations.
    51    § 5. Paragraph (a) of subdivision 4  of  section  390  of  the  social
    52  services  law, as amended by chapter 416 of the laws of 2000, is amended
    53  to read as follows:
    54    (a) The office of children and family  services  on  an  annual  basis
    55  shall inspect [at least twenty percent of all registered family day care
    56  homes, registered child day care centers and registered school age child
        A. 412--A                           3

     1  care  programs to determine whether such homes, centers and programs are
     2  operating in compliance with applicable statutes  and  regulations.  The
     3  office  of children and family services shall increase the percentage of
     4  family  day care homes, child day care centers and school age child care
     5  programs which are inspected pursuant to this subdivision as follows: to
     6  at least thirty percent by the thirty-first of  December  two  thousand;
     7  and  to at least fifty percent by the thirty-first of December two thou-
     8  sand one] all child day care programs and all  enrolled  legally  exempt
     9  providers  except  when  such  provider  is  determined  to be exempt in
    10  accordance with subparagraph (ii) of paragraph (d-1) of subdivision  two
    11  of  this section. The office of children and family services may provide
    12  for such inspections through purchase of services.  [Priority  shall  be
    13  given  to family day care homes which have never been licensed or certi-
    14  fied prior to initial registration.]
    15    § 6. Paragraph (a) of subdivision 2  of  section  390  of  the  social
    16  services  law, as amended by chapter 117 of the laws of 2010, is amended
    17  to read as follows:
    18    (a) Child day care centers caring for seven or more children and group
    19  family day care programs, as defined in subdivision one of this section,
    20  shall obtain a license from the office of children and  family  services
    21  and  shall  operate in accordance with the terms of such license and the
    22  regulations of such office. Initial licenses [shall be valid for a peri-
    23  od of up to two years;] and subsequent licenses shall  be  valid  for  a
    24  period of up to four years so long as the provider remains substantially
    25  in compliance with applicable law and regulations during such period.
    26    § 7. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2
    27  of  section 390 of the social services law, as amended by chapter 117 of
    28  the laws of 2010, is amended to read as follows:
    29    (A) Initial registrations [shall be valid for a period of  up  to  two
    30  years,]  and  subsequent registrations shall be valid for a period of up
    31  to four years so long as the provider remains substantially  in  compli-
    32  ance with applicable law and regulations during such period.
    33    §  8.  Subdivision  3  of  section 390-a of the social services law is
    34  REPEALED and a new subdivision 3 is added to read as follows:
    35    3. (a) The office of children and  family  services  shall  promulgate
    36  regulations  setting  forth  the  training  requirements,  including any
    37  federally required training, for operators, program  directors,  employ-
    38  ees,  assistants and any volunteer who has the potential for regular and
    39  substantial contact with children and/or unsupervised contact with chil-
    40  dren in care, but only when such unsupervised  contact  involves  caring
    41  for the child in their professional or official capacity as a volunteer,
    42  in  family day care homes, group family day care homes, school-age child
    43  care programs and child day care centers.
    44    (b) Such individuals shall be required to engage in  thirty  hours  of
    45  training biennially. Provided however, any individual or provider who is
    46  already  in  compliance  with this subdivision, prior to its most recent
    47  effective date, shall only be required to complete any additional feder-
    48  al training requirements which they have not already completed, in order
    49  to be deemed in compliance with this subdivision.
    50    (c) Such training and professional development required  by  paragraph
    51  (a)  of  this  subdivision  shall  include,  but  not be limited to, the
    52  following topics:
    53    (i) principles of childhood development, focusing on the developmental
    54  stages of the age groups for which the program provides care;
    55    (ii) nutrition and health needs of infants and children;
    56    (iii) child day care program development;
        A. 412--A                           4
     1    (iv) safety and security procedures;
     2    (v) business record maintenance and management;
     3    (vi) child abuse and maltreatment identification and prevention;
     4    (vii) statutes and regulations pertaining to child day care;
     5    (viii)   statutes  and  regulations  pertaining  to  child  abuse  and
     6  maltreatment;
     7    (ix) for operators, program directors,  employees  and  assistants  of
     8  family  day  care  homes, group family day care homes and child day care
     9  centers, education and information on the identification, diagnosis  and
    10  prevention of shaken baby syndrome; and
    11    (x) any other topics necessary to meet federal training requirements.
    12    (d) Each provider who can demonstrate basic competency shall determine
    13  in which of the specified topics he or she needs further study, based on
    14  the  provider's  experience and the needs of the children in the provid-
    15  er's care.
    16    (e) The office of children and family services may provide this train-
    17  ing through the purchase of services.
    18    § 9. The section heading of section 390-b of the social services  law,
    19  as  added  by  chapter  416  of  the laws of 2000, is amended to read as
    20  follows:
    21    Criminal history  review  and  background  clearances  of  child  care
    22  providers, generally.
    23    §  10. Subdivisions 1, 2 and 3 of section 390-b of the social services
    24  law are REPEALED and three new subdivisions 1, 2   and 3  are  added  to
    25  read as follows:
    26    1.    Subject  to  implementing rules and regulations of the office of
    27  children and family services and,  where  applicable,  the  division  of
    28  criminal  justice services, the following background clearances shall be
    29  conducted  expeditiously,  but  in  any  event,  within  the  timeframes
    30  required  by  federal  law, for entities specified in subdivision two of
    31  this section in the manner as required by this section:
    32    (a) a criminal history record check  with  the  division  of  criminal
    33  justice services;
    34    (b)  a  search  of the criminal history repository in each state other
    35  than New York where such person resides or resided during the  preceding
    36  five  years,  if applicable, unless such state's criminal history record
    37  information will be provided as part of the results  of  the  background
    38  clearance conducted pursuant to paragraph (c) of this subdivision;
    39    (c) a national criminal record check with the federal bureau of inves-
    40  tigation;  the  division  of  criminal  justice  services is directed to
    41  submit fingerprints to the  federal  bureau  of  investigation  for  the
    42  purpose  of  a nationwide criminal history record check, pursuant to and
    43  consistent with public law 113-186 to  determine  whether  such  persons
    44  shall have a criminal history in any state or federal jurisdiction;
    45    (d) a search of the New York state sex offender registry;
    46    (e)  a search of any state sex offender registry or repository in each
    47  state other than New York where such person resides  or  resided  during
    48  the  preceding five years, if applicable, unless such state's sex offen-
    49  der registry information will be  provided  as  part  of  the  clearance
    50  conducted pursuant to paragraph (f) of this subdivision;
    51    (f)  a search of the national sex offender registry using the national
    52  crime and information center, established under  the  Adam  Walsh  child
    53  protection and safety act of 2006 (42 U.S.C. 16901 et seq.);
    54    (g)  a database check of the statewide central register of child abuse
    55  and maltreatment in accordance with section four  hundred  twenty-four-a
    56  of this article; and
        A. 412--A                           5
     1    (h) a search of a state-based child abuse or neglect repository of any
     2  state  other  than  New York where such person resides or resided during
     3  the preceding five years; if applicable.
     4    2.  (a)  In relation to any child day care program or enrolled legally
     5  exempt provider, as defined in section  three  hundred  ninety  of  this
     6  title, the following individuals shall be required to receive background
     7  clearances as required in subdivision one of this section:
     8    (i)  any  applicant  to be an operator or director of a child day care
     9  program;
    10    (ii) any current operator or director of a child day care program;
    11    (iii) any applicant to enroll to be a caregiver for an enrolled legal-
    12  ly exempt provider, unless such individual is related  to  all  children
    13  for whom child care services are provided;
    14    (iv)  any  current  caregiver for an enrolled legally exempt provider,
    15  unless such individual is related to all children for  whom  child  care
    16  services are provided;
    17    (v) any applicant to be an employee, assistant or volunteer, when such
    18  volunteer  has the potential for unsupervised contact with children in a
    19  child day care program;
    20    (vi) any current employee, assistant or volunteer, when such volunteer
    21  has the potential for unsupervised contact with children in a child  day
    22  care program;
    23    (vii) any applicant to be an employee, assistant or volunteer with the
    24  potential  for unsupervised contact with children in an enrolled legally
    25  exempt provider, unless such individual is related to all  children  for
    26  whom child care services are provided;
    27    (viii)  any  current employee, assistant, or volunteer with the poten-
    28  tial for unsupervised contact  with  children  in  an  enrolled  legally
    29  exempt  provider,  unless such individual is related to all children for
    30  whom child care services are provided; and
    31    (ix) where the child care services will be or are provided in  a  home
    32  setting where the child does not reside, any individual, age eighteen or
    33  older  who  is  not related to all children for whom child care services
    34  are or will be provided, resides or begins to reside.
    35    (b) Provided however, the background clearances required  pursuant  to
    36  paragraphs  (a),  (c),  (d)  and  (g) of subdivision one of this section
    37  shall, beginning September first, two thousand  nineteen,  be  completed
    38  for  individuals  referenced in subparagraphs (i), (iii), (v), (vii) and
    39  (ix) of paragraph (a) of this subdivision.
    40    (c) Notwithstanding paragraph (b) of this subdivision, prior to  Octo-
    41  ber  first,  two  thousand  twenty,  all background clearances listed in
    42  subdivision one of this section that have not previously been  conducted
    43  pursuant  to  paragraph  (b)  of this subdivision and for which on-going
    44  criminal history results are not already provided, shall be conducted in
    45  accordance with a schedule developed by the office of children and fami-
    46  ly services, for background clearances required in  subparagraphs  (ii),
    47  (iv), (vi), (viii) and (ix) of paragraph (a) of this subdivision.
    48    (d)  The  office  of children and family services shall also develop a
    49  schedule for applicable background clearance required to be completed in
    50  accordance with subdivision one of this section after background  clear-
    51  ances  pursuant  to paragraphs (b) and (c) of this subdivision have been
    52  completed for compliance with the federal  child  care  and  development
    53  block grant act.
    54    (e)  The background clearances required pursuant to this section other
    55  than those for which on-going criminal  history  results  are  provided,
    56  shall  be  conducted  for  a  person listed in subparagraphs (ii), (iv),
        A. 412--A                           6
     1  (vi), (viii) and (ix) of paragraph (a) of this subdivision at least once
     2  every five years in accordance with a schedule developed by  the  office
     3  of children and family services.
     4    3. (a) In relation to the background clearances required pursuant this
     5  section,  an individual required to receive background clearances pursu-
     6  ant to paragraph (a) of subdivision two of this section shall be  deemed
     7  ineligible  to provide child care services in any child day care program
     8  or as an enrolled legally exempt provider, as defined in  section  three
     9  hundred ninety of this title, if such individual:
    10    (i) refuses to consent to such clearance;
    11    (ii)  knowingly  makes a materially false statement in connection with
    12  such a clearance;
    13    (iii) is registered, or is required to be registered, on a  state  sex
    14  offender  registry  or  repository or the national sex offender registry
    15  established under the Adam Walsh child protection and safety act of 2006
    16  (42 U.S.C. 16901 et seq.); or
    17    (iv) has been convicted of a crime enumerated in subparagraph  (E)  or
    18  clauses  (i)  through  (viii)  of  subparagraph  (D) of paragraph (1) of
    19  subdivision (C) of 42 U.S.C. 9858f.
    20    (b) Except as set forth in paragraph (c) of  this  subdivision,  after
    21  reviewing  any  New  York  criminal record check of an individual who is
    22  required to receive such background clearance  pursuant  to  subdivision
    23  two  of this section, the office of children and family services and the
    24  program or provider shall take the following actions:
    25    (i) Where the criminal record  check  of  an  individual  required  to
    26  receive  background  clearances pursuant to subparagraphs (i), (iii) and
    27  (ix) of paragraph (a) of subdivision two  of  this  section,  reveals  a
    28  conviction  for a crime other than one set forth in subparagraph (iv) of
    29  paragraph (a) of this subdivision, the office  of  children  and  family
    30  services  may  deny the application, only after providing a copy of such
    31  criminal history information and a copy of article twenty-three-A of the
    32  correction law to the individual and informing such individual of his or
    33  her right to seek correction of any incorrect information  contained  in
    34  such  criminal  history information provided by the division of criminal
    35  justice services pursuant to the regulations and the right of such indi-
    36  vidual to provide information relevant to such analysis to the office of
    37  children and family services, consistent with article twenty-three-A  of
    38  the correction law;
    39    (ii)  Where  the  criminal  record  check of an individual required to
    40  receive background clearances pursuant to subparagraphs (i),  (iii)  and
    41  (ix)  of  paragraph  (a)  of  subdivision two of this section, reveals a
    42  pending charge for any crime, the office of children and family services
    43  shall hold the application in abeyance until the charge is adjudicated;
    44    (iii) Where the criminal record check of  an  individual  required  to
    45  receive  background  clearances pursuant to subparagraphs (ii), (iv) and
    46  (ix) of paragraph (a) of subdivision two  of  this  section,  reveals  a
    47  conviction  for a crime other than one set forth in subparagraph (iv) of
    48  paragraph (a) of this subdivision, the office  of  children  and  family
    49  services  shall  conduct  a safety assessment of the program or provider
    50  and take all appropriate steps to protect the health and safety  of  the
    51  children  receiving  care  at such location. The office may deny, limit,
    52  suspend, revoke, reject or terminate a license or registration or termi-
    53  nate  such  provider's  enrollment,  as  applicable  based  on  such   a
    54  conviction,  only after providing a copy of such criminal history infor-
    55  mation and a copy of article twenty-three-A of the correction law to the
    56  individual and informing such individual of his or  her  right  to  seek
        A. 412--A                           7
     1  correction  of  any  incorrect  information  contained  in such criminal
     2  history  information  provided  by  the  division  of  criminal  justice
     3  services pursuant to the regulations and the right of such individual to
     4  provide  information relevant to such analysis to the office of children
     5  and family services,  consistent  with  article  twenty-three-A  of  the
     6  correction law;
     7    (iv)  Where  the  criminal  record  check of an individual required to
     8  receive background clearances pursuant to subparagraphs (ii),  (iv)  and
     9  (ix)  of  paragraph  (a)  of  subdivision two of this section, reveals a
    10  pending charge for any crime, the office of children and family services
    11  shall conduct a safety assessment of the program or  provider  and  take
    12  all  appropriate  steps to protect the health and safety of the children
    13  receiving care at such location.  The  office  may  suspend  a  license,
    14  registration,  or enrollment, as applicable based on such pending charge
    15  where necessary to protect the health and safety of the children receiv-
    16  ing care at such location consistent with article twenty-three-A of  the
    17  correction law;
    18    (v)  Where  the  criminal  record  check  of an individual required to
    19  receive background clearances pursuant to subparagraphs (v) and (vii) of
    20  paragraph (a) of subdivision two of this section, reveals  a  conviction
    21  for  a  crime other than one set forth in subparagraph (iv) of paragraph
    22  (a) of this subdivision, the office of children and family services may,
    23  direct the program or provider  to  deny  the  application,  only  after
    24  providing  a  copy  of  such  criminal history information and a copy of
    25  article twenty-three-A of the  correction  law  to  the  individual  and
    26  informing  such individual of his or her right to seek correction of any
    27  incorrect information contained in  such  criminal  history  information
    28  provided  by  the  division of criminal justice services pursuant to the
    29  regulations and the right of  such  individual  to  provide  information
    30  relevant to such analysis to the office of children and family services,
    31  consistent with article twenty-three-A of the correction law;
    32    (vi)  Where  the  criminal  record  check of an individual required to
    33  receive background clearances pursuant to subparagraphs (v) and (vii) of
    34  paragraph (a) of subdivision two of  this  section,  reveals  a  pending
    35  charge  for  any crime, the office of children and family services shall
    36  hold the application in abeyance until the charge is adjudicated;
    37    (vii) Where the criminal record check of  an  individual  required  to
    38  receive  background clearances pursuant to subparagraphs (vi) and (viii)
    39  of paragraph (a) of subdivision two of this section reveals a conviction
    40  for a crime other than one set forth in subparagraph (iv)  of  paragraph
    41  (a)  of  this  subdivision,  the  office of children and family services
    42  shall conduct a safety assessment of the program or  provider  and  take
    43  all  appropriate  steps to protect the health and safety of the children
    44  receiving care at such location. The office may direct  the  program  or
    45  provider to terminate the employee, assistant or volunteer based on such
    46  a  conviction,  only  after  providing  a  copy of such criminal history
    47  information and a copy of article twenty-three-A of the  correction  law
    48  to  the  individual and informing such individual of his or her right to
    49  seek correction of any incorrect information contained in such  criminal
    50  history  information  provided  by  the  division  of  criminal  justice
    51  services pursuant to the regulations and the right of such individual to
    52  provide information relevant to such analysis to the office of  children
    53  and  family  services,  consistent  with  article  twenty-three-A of the
    54  correction law and in accordance with any applicable collective bargain-
    55  ing agreement;
        A. 412--A                           8
     1    (viii) Where the criminal record check of an  individual  required  to
     2  receive  background clearances pursuant to subparagraphs (vi) and (viii)
     3  of paragraph (a) of subdivision two of this section  reveals  a  pending
     4  charge  for  any crime, the office of children and family services shall
     5  conduct  a  safety  assessment  of  the program or provider and take all
     6  appropriate steps to protect the  health  and  safety  of  the  children
     7  receiving care at such location; or
     8    (ix)  Advise the program or provider that the individual has no crimi-
     9  nal history record.
    10    (c)(i) The office of children and family services  shall  not  release
    11  the  report  of  the  national  criminal  record check received from the
    12  federal bureau of investigation in accordance with this  subdivision  to
    13  any non-public entity or entity not otherwise authorized.
    14    (ii) Notwithstanding any other provision of law to the contrary, after
    15  reviewing  any  national  criminal  record check of an individual who is
    16  required to receive such background clearance pursuant to paragraph  (a)
    17  of  subdivision  two  of this section, the office of children and family
    18  services shall proceed as follows:  (A) review and evaluate the  results
    19  of the national criminal record check of a current or prospective opera-
    20  tor, director, caregiver, employee, assistant, volunteer with the poten-
    21  tial  for unsupervised contact with the child receiving services as well
    22  as any other person eighteen years of age or older who  resides  in  the
    23  home where care is provided or to be provided, other than in the child's
    24  home,  in  accordance with the standards set forth in paragraphs (a) and
    25  (b) of this subdivision relating to convictions that make an  individual
    26  ineligible,  discretionarily  ineligible, or a direction that such indi-
    27  vidual's background clearance request be held  in  abeyance  during  the
    28  pendency  of  certain  criminal charges; and (B) based on the results of
    29  the national criminal record check, where applicable, inform such  child
    30  day  care  program or enrolled legally exempt provider that the applica-
    31  tion or employment (1) must be denied or terminated; (2) must be held in
    32  abeyance pending subsequent notification pursuant to subdivision six  of
    33  this  section,  from  the office of children and family services; or (3)
    34  that the office of children and family services has no objection, solely
    35  based on the national criminal record check,  for  the  child  day  care
    36  program  or  enrolled legally exempt provider to proceed with a determi-
    37  nation on such application or current employment based on any  currently
    38  required standards.
    39    (iii)  Where  the  office  of children and family services directs the
    40  child day care program or enrolled legally exempt provider to  deny  the
    41  application  or  terminate employment in accordance with this paragraph,
    42  the office of children and family services shall also notify as the case
    43  may be, such current or prospective employee, assistant, volunteer  with
    44  the  potential  for  unsupervised  contact with children or other person
    45  eighteen years of age or older, who resides in the home  where  care  is
    46  provided,  other  than  the child's home, that the criminal record check
    47  was the basis for the denial of clearance and shall provide  such  indi-
    48  vidual  with a copy of the results of the national criminal record check
    49  upon which such denial was  based  together  with  a  written  statement
    50  setting  forth the reasons for such denial, as well as a copy of article
    51  twenty-three-A of the correction law and inform such individual  of  his
    52  or  her  right to seek correction of any incorrect information contained
    53  in such national record check provided by the federal bureau of investi-
    54  gation pursuant to the regulations and the right of such  individual  to
    55  provide information relevant to such analysis.
        A. 412--A                           9
     1    §  11.  Subdivisions  6  and 7 of section 390-b of the social services
     2  law, as added by chapter 416 of the laws of 2000, are amended to read as
     3  follows:
     4    6.  The  notification by the office of children and family services to
     5  the child day care [provider] program or enrolled legally exempt provid-
     6  er pursuant to this section shall include a summary of the  individual's
     7  New  York  criminal  history record, if any, provided by the division of
     8  criminal justice services. When providing notification to  a  child  day
     9  care  program  or  enrolled  legally  exempt provider who are non-public
    10  agencies, or otherwise unauthorized to receive such  notification,  with
    11  respect  to the results of a national criminal record check performed by
    12  the federal bureau of investigation, the office of children  and  family
    13  services shall advise the program or provider, where appropriate, of the
    14  category or categories of crime or crimes for which the individual has a
    15  conviction,  and  shall  not  provide  the  specific  crime or crimes of
    16  conviction absent the express written consent of the person for whom the
    17  national criminal record check was performed.
    18    7. Where the office of children and family services  directs  a  child
    19  day  care [provider] program or enrolled legally exempt provider to deny
    20  an application [based on the criminal history record],  the  program  or
    21  provider  must notify the applicant [that such record is] in writing the
    22  basis of the denial.
    23    § 12. Subdivision 10 of section 390 of the  social  services  law,  as
    24  amended  by  chapter  416  of  the  laws  of 2000, is amended to read as
    25  follows:
    26    10. (a) Any home or facility providing child day care shall  be  oper-
    27  ated  in  accordance  with  applicable  statutes  and  regulations.  Any
    28  violation of applicable statutes or regulations  shall  be  a  basis  to
    29  deny,  limit,  suspend,  revoke, or terminate a license or registration.
    30  Consistent  with  articles  twenty-three  and  twenty-three-A   of   the
    31  correction  law, and guidelines referenced in subdivision two of section
    32  four hundred twenty-five of this article, if the office of children  and
    33  family  services is made aware of the existence of a criminal conviction
    34  or pending criminal charge concerning an operator of a family  day  care
    35  home,  group  family  day  care  home, school-age child care program, or
    36  child day care center or concerning any assistant, employee or volunteer
    37  in such homes, programs or centers, or any persons age eighteen or  over
    38  who  reside  in  such homes, such conviction or charge may be a basis to
    39  deny, limit, suspend, revoke, reject, or terminate a license  or  regis-
    40  tration  in  accordance  with subdivision three of section three hundred
    41  ninety-b of this title.  Before  any  license  issued  pursuant  to  the
    42  provisions  of this section is suspended or revoked, before registration
    43  pursuant to this section is suspended or terminated, or when an applica-
    44  tion for such license is denied or registration rejected, the  applicant
    45  for  or  holder of such registration or license is entitled, pursuant to
    46  section twenty-two of this chapter and the regulations of the office  of
    47  children and family services, to a hearing before the office of children
    48  and  family services. However, a license or registration shall be tempo-
    49  rarily suspended or limited without a hearing upon written notice to the
    50  operator of the facility following a finding that the public health,  or
    51  an individual's safety or welfare, are in imminent danger. The holder of
    52  a  license  or  registrant is entitled to a hearing before the office of
    53  children and family services to  contest  the  temporary  suspension  or
    54  limitation.  If the holder of a license or registrant requests a hearing
    55  to contest the temporary suspension or limitation, such hearing must  be
    56  scheduled  to  commence  as  soon as possible but in no event later than
        A. 412--A                          10
     1  thirty days after the receipt of the request by the office  of  children
     2  and  family  services.  Suspension  shall  continue  until the condition
     3  requiring suspension or limitation is corrected or until a hearing deci-
     4  sion  has  been  issued.  If  the office of children and family services
     5  determines after a hearing that the temporary suspension  or  limitation
     6  was  proper,  such  suspension or limitation shall be extended until the
     7  condition requiring suspension or limitation has been corrected or until
     8  the license or registration has been revoked.
     9    (b) (i) Consistent with articles twenty-three  and  twenty-three-A  of
    10  the correction law, and guidelines developed pursuant to subdivision two
    11  of  section  four  hundred twenty-five of this article, if the office of
    12  children and family services is made aware of the existence of a  crimi-
    13  nal  conviction  or  pending  criminal  charge  concerning  a current or
    14  perspective caregiver, employee, assistant, volunteer with the potential
    15  for unsupervised contact, or any  persons  age  eighteen  or  older  who
    16  reside  in  such home where care is provided, that is not in the child's
    17  home, and such person is not related to all children receiving care,  in
    18  an  enrolled legally exempt provider, such conviction or charge may be a
    19  basis to terminate enrollment in accordance with  subdivision  three  of
    20  section  three hundred ninety-b of this title. Before any enrollment for
    21  an enrolled legally exempt provider may be terminated, or when an appli-
    22  cation for such enrollment is denied, the applicant  for  or  holder  of
    23  such  enrollment  is  entitled, in accordance with section twenty-two of
    24  this chapter and the implementing regulations of the office of  children
    25  and  family  services,  to  a  hearing before the office of children and
    26  family services. However, an enrollment shall be  temporarily  suspended
    27  or limited without a hearing upon written notice to the provider follow-
    28  ing  a  finding  that  the  public  health, or an individual's safety or
    29  welfare, are in imminent danger.
    30    (ii) If an enrolled legally exempt  provider's  enrollment  is  termi-
    31  nated,  such  individual or entity shall be immediately re-enrolled once
    32  the issue that caused the initial termination has  been  corrected,  and
    33  all other elements legally required for enrollment have been satisfied.
    34    §  13.  Subdivisions  9 and 10 of section 390-b of the social services
    35  law, as added by chapter 416 of the laws of 2000, are  amended  and  two
    36  new subdivisions 11 and 12 are added to read as follows:
    37    9.  Any  criminal  history record provided by the division of criminal
    38  justice services,  and  any  summary  of  the  criminal  history  record
    39  provided  by  the  office of children and family services to a child day
    40  care [provider] program or enrolled legally exempt provider pursuant  to
    41  this  section,  is  confidential  and  shall not be available for public
    42  inspection; provided, however, nothing herein shall prevent a child  day
    43  care  [provider] program, enrolled legally exempt provider or the office
    44  of children and family services from disclosing criminal history  infor-
    45  mation  or  the  individual  from disclosing his or her criminal history
    46  information at any administrative or judicial proceeding relating to the
    47  denial or revocation of an application, employment, license [or], regis-
    48  tration  or  enrollment.  The  subject  of  a  criminal  history  review
    49  conducted  pursuant  to  this section shall be entitled to receive, upon
    50  written request, a copy of the [summary of the] criminal history  record
    51  [provided by the office of children and family services to the child day
    52  care  provider].    Unauthorized  disclosure  of such records or reports
    53  shall subject the provider to civil penalties  in  accordance  with  the
    54  provisions of subdivision eleven of section three hundred ninety of this
    55  title.
        A. 412--A                          11
     1    10.  A  child  day  care [provider] program or enrolled legally exempt
     2  provider shall advise the office of children and family services when an
     3  individual who is subject to criminal history record review  in  accord-
     4  ance  with subdivision [one or] two of this section is no longer subject
     5  to  such review. The office of children and family services shall inform
     6  the division of criminal justice services  when  an  individual  who  is
     7  subject  to  criminal history review is no longer subject to such review
     8  so that the division of criminal  justice  services  may  terminate  its
     9  retain  processing with regard to such person. At least once a year, the
    10  office of children and family services will be  required  to  conduct  a
    11  validation of the records maintained by the division of criminal justice
    12  services.
    13    11.  The office of children and family services shall pay any process-
    14  ing fees for a criminal history  or  sex  offender  clearance  conducted
    15  pursuant  to subdivision one of this section. The office of children and
    16  family services shall promptly submit fingerprints obtained pursuant  to
    17  this section and such processing fee to the division of criminal justice
    18  services.
    19    12.  Child day care centers which are not subject to the provisions of
    20  section three hundred ninety of this title shall not be subject  to  the
    21  provisions  of this section, provided however, that the city of New York
    22  shall require that such child day care centers meet the requirements  of
    23  any  federal  laws and regulations pertaining to the child care develop-
    24  ment and block grant and the related federally  approved  plans  of  the
    25  state of New York.
    26    §  14.  Subparagraph  (z) of paragraph (A) of subdivision 4 of section
    27  422 of the social services law, as amended by section 11 of  part  L  of
    28  chapter 56 of the laws of 2015, is amended to read as follows:
    29    (z)  an  entity  with  appropriate legal authority in another state to
    30  license,  certify  or  otherwise  approve  prospective  foster  parents,
    31  prospective  adoptive  parents,  prospective  relative  guardians  [or],
    32  prospective successor guardians or child care programs where  disclosure
    33  of information regarding such prospective foster or prospective adoptive
    34  parents  [or],  child care programs, prospective relative or prospective
    35  successor guardians and other persons over the age of eighteen  residing
    36  in  the  home  of such persons [is] or where child care is provided in a
    37  home other than the child's home, as required under title  IV-E  of  the
    38  federal  social  security  act or the federal child care and development
    39  block grant act (section nine thousand  eight  hundred  fifty-eight,  et
    40  seq. of title forty-two of the United States Code); and
    41    §  15.  Paragraph  (a) of subdivision 1 of section 424-a of the social
    42  services law, as amended by section 12 of part L of chapter  56  of  the
    43  laws of 2015, is amended to read as follows:
    44    (a)  A  licensing  agency  shall inquire of the [department] office of
    45  children and family services and the [department] office shall,  subject
    46  to  the  provisions  of  paragraph  (e) of this subdivision, inform such
    47  agency and the subject of the inquiry whether an applicant for a certif-
    48  icate, license [or], permit or enrollment when such  individual  is  not
    49  related  to  all children for whom care will be provided, [assistants to
    50  group] or to become an employee, assistant or volunteer with the  poten-
    51  tial for unsupervised contact with children in care of a family day care
    52  [providers] program or in the case of an enrolled legally exempt provid-
    53  er  when  such  individual  is not related to all children for whom care
    54  will be provided, the director of a camp subject to  the  provisions  of
    55  article  thirteen-B  of  the public health law, [a prospective successor
    56  guardian when a clearance is conducted  pursuant  to  paragraph  (d)  of
        A. 412--A                          12

     1  subdivision  two of section four hundred fifty-eight-b of this article,]
     2  and any person over the age of eighteen who resides in  the  home  of  a
     3  person  who  has applied to become an adoptive parent or a foster parent
     4  [or  to  operate a family day care home or group family day care home or
     5  any person over the age of eighteen residing in the home of  a  prospec-
     6  tive  successor  guardian when a clearance is conducted of a prospective
     7  successor guardian pursuant to this paragraph] or on the premises  where
     8  child  care  services are provided in a home other than the child's home
     9  and such person is not related to all children receiving care, has  been
    10  or is currently the subject of an indicated child abuse and maltreatment
    11  report  on  file  with the statewide central register of child abuse and
    12  maltreatment.
    13    § 16. Subdivision 4 of section 424-a of the social  services  law,  as
    14  amended  by  section  14 of part L of chapter 56 of the laws of 2015, is
    15  amended to read as follows:
    16    4. For purposes of this section, the  term  "licensing  agency"  shall
    17  mean an authorized agency which has received an application to become an
    18  adoptive  parent  or an authorized agency which has received an applica-
    19  tion for a certificate or license to receive, board or  keep  any  child
    20  pursuant to the provisions of section three hundred seventy-six or three
    21  hundred  seventy-seven of this article or an authorized agency which has
    22  received an application from a relative  within  the  second  degree  or
    23  third  degree  of  consanguinity  of the parent of a child or a relative
    24  within the second degree or third degree of consanguinity of  the  step-
    25  parent  of  a  child  or  children,  or  the  child's legal guardian for
    26  approval to receive, board or keep such child, or an  authorized  agency
    27  that  conducts  a clearance pursuant to paragraph (d) of subdivision two
    28  of section four hundred fifty-eight-b of this article,  or  a  state  or
    29  local governmental agency which receives an application to provide child
    30  day  care  services  in  a  child day care center, school-age child care
    31  program, family day care home or group family day care home or  enrolled
    32  legally  exempt  provider  pursuant  to  the provisions of section three
    33  hundred ninety of this article, or the department of health  and  mental
    34  hygiene of the city of New York, when such department receives an appli-
    35  cation  for a certificate of approval to provide child day care services
    36  in a child day care center pursuant to the provisions of the health code
    37  of the city of New York, or the office of mental health  or  the  office
    38  for  people with developmental disabilities when such office receives an
    39  application for an operating certificate pursuant to the  provisions  of
    40  the  mental  hygiene  law  to  operate a family care home, or a state or
    41  local governmental official who receives an application for a permit  to
    42  operate  a camp which is subject to the provisions of article thirteen-B
    43  of the public health law or the office of children and  family  services
    44  which has received an application for a certificate to receive, board or
    45  keep  any  child at a foster family home pursuant to articles nineteen-G
    46  and nineteen-H of the executive law or any other  facility  or  provider
    47  agency,  as  defined in subdivision four of section four hundred eighty-
    48  eight of this chapter, in regard to any licensing or certification func-
    49  tion carried out by such facility or agency.
    50    § 17. All costs associated with activities related to the  implementa-
    51  tion  of  the federal child care development block grant reauthorization
    52  act of 2014 required pursuant to this act shall be funded within the  80
    53  million dollars allocated for such purpose pursuant to chapter 53 of the
    54  laws  of  2018.  Nothing  herein shall limit the ability to utilize such
    55  funds to satisfy other requirements necessary to comply with the federal
        A. 412--A                          13
     1  child care development block  grant  reauthorization  act  of  2014  not
     2  contained within this act.
     3    §  18.  Severability. If any clause, sentence, paragraph, subdivision,
     4  section or part contained in any part of this act shall be  adjudged  by
     5  any  court  of competent jurisdiction to be invalid, such judgment shall
     6  not affect, impair, or invalidate the remainder thereof,  but  shall  be
     7  confined  in  its operation to the clause, sentence, paragraph, subdivi-
     8  sion, section or part contained in any part thereof directly involved in
     9  the controversy in which such judgment shall have been rendered.  It  is
    10  hereby  declared to be the intent of the legislature that this act would
    11  have been enacted even if such invalid provisions had  not  be  included
    12  herein.
    13    §  19.  This  act  shall take effect April 1, 2019; provided, that the
    14  office of children and family services is authorized to  promulgate  any
    15  rules or regulations necessary for the implementation of this act on its
    16  effective date.