Relates to access to the central register for child abuse and maltreatment; expands the definition of "provider agency" to include child care and school-based programs for children ages three through five regulated by the health code of the city of New York and temporary employment agencies and educational and training institutions providing child care staff; clarifies the definition of "licensing agency" to include the department of health and mental hygiene of the city of New York, when such department receives an application for a permit to provide child care or receives a notice of a school based program for children ages three through five.
STATE OF NEW YORK
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1341
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
Introduced by M. of A. TITUS, ROBERTS, COOK, JAFFEE -- Multi-Sponsored
by -- M. of A. MARKEY -- read once and referred to the Committee on
Children and Families
AN ACT to amend the social services law, in relation to the statewide
central register for child abuse and maltreatment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 3 and 4 of section 424-a of the social
2 services law, subdivision 3 as amended by section 8 of part D of chapter
3 501 of the laws of 2012 and subdivision 4 as amended by chapter 126 of
4 the laws of 2014, are amended to read as follows:
5 3. For purposes of this [section] title, the term "provider" or
6 "provider agency" shall mean an authorized agency, the office of chil-
7 dren and family services, juvenile detention facilities subject to the
8 certification of such office, programs established pursuant to article
9 nineteen-H of the executive law, non-residential or residential programs
10 or facilities licensed or operated by the office of mental health or the
11 office for people with developmental disabilities except family care
12 homes, licensed child day care centers, including head start programs
13 which are funded pursuant to title V of the federal economic opportunity
14 act of nineteen hundred sixty-four, as amended, early intervention
15 service established pursuant to section twenty-five hundred forty of the
16 public health law, preschool services established pursuant to section
17 forty-four hundred ten of the education law, school-age child care
18 programs, special act school districts as enumerated in chapter five
19 hundred sixty-six of the laws of nineteen hundred sixty-seven, as
20 amended, programs and facilities licensed by the office of alcoholism
21 and substance abuse services, residential schools which are operated,
22 supervised or approved by the education department, child care and
23 school-based programs for children ages three though five regulated by
24 the health code of the city of New York, temporary employment agencies
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06579-01-5
A. 1341 2
1 providing substitute child care staff to any other provider agency, and
2 educational and training institutions assigning child care staff as
3 interns or residents at any other provider agency, and any other facili-
4 ty or provider agency, as defined in subdivision four of section four
5 hundred eighty-eight of this chapter, in regard to the employment of
6 staff, or use of providers of goods and services and staff of such
7 providers, consultants, interns and volunteers.
8 4. For purposes of this [section] title, the term "licensing agency"
9 shall mean an authorized agency which has received an application to
10 become an adoptive parent or an authorized agency which has received an
11 application for a certificate or license to receive, board or keep any
12 child pursuant to the provisions of section three hundred seventy-six or
13 three hundred seventy-seven of this article or an authorized agency
14 which has received an application from a relative within the second
15 degree or third degree of consanguinity of the parent of a child or a
16 relative within the second degree or third degree of consanguinity of
17 the step-parent of a child or children, or the child's legal guardian
18 for approval to receive, board or keep such child or a state or local
19 governmental agency which receives an application to provide child day
20 care services in a child day care center, school-age child care program,
21 family day care home or group family day care home pursuant to the
22 provisions of section three hundred ninety of this article, or the
23 department of health and mental hygiene of the city of New York, when
24 such department receives an application for a [certificate of approval
25 to provide child day care services in a child day care center] permit to
26 provide child care services or receives a notice of a school based
27 program for children ages three through five pursuant to the provisions
28 of the health code of the city of New York, or the office of mental
29 health or the office for people with developmental disabilities when
30 such office receives an application for an operating certificate pursu-
31 ant to the provisions of the mental hygiene law to operate a family care
32 home, or a state or local governmental official who receives an applica-
33 tion for a permit to operate a camp which is subject to the provisions
34 of article thirteen-A or thirteen-B of the public health law or the
35 office of children and family services which has received an application
36 for a certificate to receive, board or keep any child at a foster family
37 home pursuant to articles nineteen-G and nineteen-H of the executive law
38 or any other facility or provider agency, as defined in subdivision four
39 of section four hundred eighty-eight of this chapter, in regard to any
40 licensing or certification function carried out by such facility or
41 agency.
42 § 2. This act shall take effect immediately.
