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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1517
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
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 chapter 578 of the laws of
3 1997 and subdivision 4 as amended by chapter 465 of the laws of 1992,
4 are amended to read as follows:
5 3. For purposes of this [chapter] title, the term "provider" or
6 "provider agency" shall mean an authorized agency, the [division for
7 youth] office of children and family services, juvenile detention facil-
8 ities subject to the certification of such [division] office, programs
9 established pursuant to article nineteen-H of the executive law, non-re-
10 sidential or residential programs or facilities licensed or operated by
11 the office of mental health or the office [of mental retardation and]
12 for persons with developmental disabilities except family care homes,
13 licensed child day care centers, including head start programs which are
14 funded pursuant to title V of the federal economic opportunity act of
15 nineteen hundred sixty-four, as amended, early intervention service
16 established pursuant to section twenty-five hundred forty of the public
17 health law, preschool services established pursuant to section forty-
18 four hundred ten of the education law, school-age child care programs,
19 special act school districts as enumerated in chapter five hundred
20 sixty-six of the laws of nineteen hundred sixty-seven, as amended,
21 programs and facilities licensed by the office of alcoholism and
22 substance abuse services [and], residential schools which are operated,
23 supervised or approved by the education department, child care and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01754-01-3
A. 1517 2
1 school-based programs for children ages three though five regulated by
2 the health code of the city of New York, temporary employment agencies
3 providing substitute child care staff to any other provider agency, and
4 educational and training institutions assigning child care staff as
5 interns or residents at any other provider agency.
6 4. For purposes of this [chapter] title, the term "licensing agency"
7 shall mean an authorized agency which has received an application to
8 become an adoptive parent or an authorized agency which has received an
9 application for a certificate or license to receive, board or keep any
10 child pursuant to the provisions of section three hundred seventy-six or
11 three hundred seventy-seven of this article or an authorized agency
12 which has received an application from a relative within the second
13 degree or third degree of the parent of a child or a relative within the
14 second degree or third degree of the step-parent of a child or children,
15 or the child's legal guardian for approval to receive, board or keep
16 such child or a state or local governmental agency which receives an
17 application to provide child day care services in a child day care
18 center, school-age child care program, family day care home or group
19 family day care home pursuant to the provisions of section three hundred
20 ninety of this article, or the department of health and mental hygiene
21 of the city of New York, when such department receives an application
22 for a [certificate of approval to provide family day care] permit to
23 provide child care services or receives a notice of a school based
24 program for children ages three through five pursuant to the provisions
25 of the health code of the city of New York, or the office of mental
26 health or the office [of mental retardation and] for persons with devel-
27 opmental disabilities when such office receives an application for an
28 operating certificate pursuant to the provisions of the mental hygiene
29 law to operate a family care home which will serve children, or a state
30 or local governmental official who receives an application for a permit
31 to operate a camp which is subject to the provisions of article thir-
32 teen-A[,] or thirteen-B [or thirteen-C] of the public health law or the
33 [division for youth] office of children and family services which has
34 received an application for a certificate to receive, board or keep any
35 child at a foster family home pursuant to articles nineteen-G and nine-
36 teen-H of the executive law.
37 § 2. This act shall take effect immediately.
