Bill Text: NY A01868 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Includes temporary child care employment agencies and child care educational and training institutions as providers authorized to conduct background clearances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to children and families [A01868 Detail]

Download: New_York-2023-A01868-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1868

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Children and Families

        AN  ACT  to  amend  the  social  services law, in relation to background
          clearances for temporary child care employment agencies and child care
          educational and training institutions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 3 of section 424-a of the social services law,
     2  as amended by chapter 611 of the laws of 2022, is  amended  to  read  as
     3  follows:
     4    3.  For  purposes  of  this  section, the term "provider" or "provider
     5  agency" shall mean: an authorized agency; the  office  of  children  and
     6  family services; a private, nonprofit incorporated agency that meets the
     7  state office of children and family services program standards for child
     8  advocacy  centers;  juvenile detention facilities subject to the certif-
     9  ication of the office of children and family services;  programs  estab-
    10  lished pursuant to article nineteen-H of the executive law; non-residen-
    11  tial  or  residential programs or facilities licensed or operated by the
    12  office of mental health or the  office  for  people  with  developmental
    13  disabilities  except  family  care  homes; including head start programs
    14  which are funded pursuant to title V of the federal economic opportunity
    15  act of nineteen  hundred  sixty-four,  as  amended;  early  intervention
    16  service established pursuant to section twenty-five hundred forty of the
    17  public  health  law;  preschool services established pursuant to section
    18  forty-four  hundred  ten  of  the  education  law;  special  act  school
    19  districts as enumerated in chapter five hundred sixty-six of the laws of
    20  nineteen  hundred  sixty-seven,  as  amended;  programs  and  facilities
    21  licensed by the office of [alcoholism] addiction services and [substance
    22  abuse services] support; residential schools which are operated,  super-
    23  vised  or  approved  by  the  education department; health homes, or any
    24  subcontractor of such health homes, who contracts with or is approved or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02743-01-3
        A. 1868                             2

     1  otherwise authorized by the department of health to provide health  home
     2  services  to  all  those  enrolled pursuant to a diagnosis of a develop-
     3  mental disability as defined in subdivision twenty-two of  section  1.03
     4  of  the  mental hygiene law and enrollees who are under twenty-one years
     5  of age under section three hundred sixty-five-l of this chapter, or  any
     6  entity  that provides home and community based services to enrollees who
     7  are under twenty-one years of age under a demonstration program pursuant
     8  to section eleven hundred fifteen of the federal  social  security  act;
     9  temporary  employment  agencies providing substitute child care staff to
    10  any other provider agency, and  educational  and  training  institutions
    11  assigning child care staff as interns or residents at any other provider
    12  agency;  publicly-funded  emergency shelters for families with children,
    13  provided, however, for purposes of this section, when  the  provider  or
    14  provider agency is a publicly-funded emergency shelter for families with
    15  children,  then  all  references  in  this section to the "potential for
    16  regular and substantial contact with individuals who are  cared  for  by
    17  the agency" shall mean the potential for regular and substantial contact
    18  with  children who are served by such shelter; and any other facility or
    19  provider agency, as defined in subdivision four of section four  hundred
    20  eighty-eight  of  this chapter, in regard to the employment of staff, or
    21  use of providers of goods and services  and  staff  of  such  providers,
    22  consultants, interns and volunteers.
    23    §  2.  Section 390-b of the social services law is amended by adding a
    24  new subdivision 12 to read as follows:
    25    12. For purposes of this section, and  notwithstanding  section  three
    26  hundred  ninety  of this article, an operator or provider of a child day
    27  care center or a school age child care program shall  include  temporary
    28  child  care  employment agencies and child care educational and training
    29  institutions. A temporary child care employment  agency  or  child  care
    30  educational  and  training  institution shall be subject to the criminal
    31  history record check requirements for child care staff who may be placed
    32  at a child day care center or a school age child care program,  but  not
    33  for  the  operators or providers of such temporary child care employment
    34  agency or child care educational and training institution. Such require-
    35  ments shall include submitting fingerprint cards and such other informa-
    36  tion as required by the office of children and family services  and  the
    37  division  of  criminal  justice  services, and authorizing the office of
    38  children and family services to deny or hold in abeyance  an  employee's
    39  application as provided for in this section.  The office of children and
    40  family services may charge the temporary child care employment agency or
    41  child  care  educational and training institution an amount equal to the
    42  processing fee imposed pursuant to subdivision eight-a of section  eight
    43  hundred  thirty-seven of the executive law. Where the office of children
    44  and family services advises the temporary child care  employment  agency
    45  or  child  care  educational and training institution that an individual
    46  has no criminal history record, no additional  criminal  history  record
    47  check  by  a  child  day  care center or a school age child care program
    48  shall be required upon placement of that individual  at  the  child  day
    49  care  center  or  a  school age child care program. For purposes of this
    50  subdivision, a "temporary child care employment agency" shall  mean  any
    51  entity  that  employs  substitute  child  care staff to be supplied on a
    52  temporary basis to a child day care center or a school  age  child  care
    53  program,  and  a "child care educational and training institution" shall
    54  mean any entity that assigns child care staff as interns or residents at
    55  a child day care center or a school age child care program.
    56    § 3. This act shall take effect January 1, 2024.