STATE OF NEW YORK
________________________________________________________________________
3660
2015-2016 Regular Sessions
IN ASSEMBLY
January 27, 2015
___________
Introduced by M. of A. TENNEY, FINCH -- read once and referred to the
Committee on Children and Families
AN ACT to amend the social services law, in relation to creating addi-
tional safeguards to protect the welfare of children enrolled in day
care programs in New York state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The social services law is amended by adding a new section
2 390-aa to read as follows:
3 § 390-aa. Required disclosure for legally-exempt child care providers.
4 Any group child care provider that is not licensed or registered by the
5 New York state office of children and family services shall be required
6 to disclose such information in writing to the parent or guardian of a
7 child prior to such child's enrollment at the facility or for currently
8 enrolled children within thirty days. The provisions of this section
9 shall not apply to child care services provided in the child's home by
10 an individual of the parent's or legal guardian's choosing.
11 § 2. Paragraphs (a) and (b) of subdivision 1 of section 390-b of the
12 social services law, as added by chapter 416 of the laws of 2000, are
13 amended to read as follows:
14 (a) Notwithstanding any other provision of law to the contrary, and
15 subject to rules and regulations of the division of criminal justice
16 services, the office of children and family services shall perform a
17 criminal history record check with the division of criminal justice
18 services regarding any operator, employee or volunteer of a child day
19 care center or school age child care provider, as defined in paragraphs
20 (c) and (f) of subdivision one of section three hundred ninety of this
21 title. For the purposes of this section, criminal history records check
22 shall mean a national criminal background check including all counties
23 within New York state and all states throughout the United States.
24 Further, all searches of the Sex Offender Registry shall include multi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07206-01-5
A. 3660 2
1 ple variations and spellings of names. Individuals who are the subject
2 of such records check shall further be required to file a criminal
3 charges and family court actions disclosure form as part of their appli-
4 cation. Such disclosure form shall require applicants to reveal if they
5 have ever been a party to an article six or article ten proceeding under
6 the New York state family court act or equivalent proceedings in any
7 other state, if they were ever charged with, but not convicted of a
8 felony, a sex offense, crime against a child, or a crime involving
9 violence, or a felony for a drug-related offense. Child day care center
10 operators, school age child care operators and any employees or volun-
11 teers, who previously did not have a criminal history record check
12 performed in accordance with this subdivision shall have such a criminal
13 history record check performed when the child day care center or school
14 age child care provider applies for license or registration renewal.
15 Child day care centers which are not subject to the provisions of
16 section three hundred ninety of this title, shall not be subject to the
17 provisions of this section but shall be required to disclose in writing
18 such fact to the parent or guardian of a child prior to such child's
19 enrollment at the facility or for currently enrolled children within
20 sixty days pursuant to section three hundred ninety-aa of this chapter.
21 The provisions of this section shall apply to a volunteer only where the
22 volunteer has the potential for regular and substantial contact with
23 children enrolled in the program.
24 (b) Notwithstanding any other provision of law to the contrary, and
25 subject to rules and regulations of the division of criminal justice
26 services, the office of children and family services shall perform a
27 criminal history record check as defined in paragraph (a) of this subdi-
28 vision with the division of criminal justice services regarding the
29 operator, any assistants, employees or volunteers of a group family day
30 care home or family day care home, as defined in paragraphs (d) and (e)
31 of subdivision one of section three hundred ninety of this title, and
32 any person age eighteen or over residing on the premises of the group
33 family day care home or family day care home which is to be licensed or
34 registered in accordance with section three hundred ninety of this
35 title. Group family day care home operators, family day care home opera-
36 tors, any assistants, employees or volunteers, and persons who are age
37 eighteen or over residing on the premises of a licensed group family day
38 care home or registered family day care home who previously did not have
39 a criminal history record check performed in accordance with this subdi-
40 vision shall have such a criminal history record check performed when
41 the group family day care home or family day care home applies for
42 renewal of the home's license or registration. The provisions of this
43 section shall apply to a volunteer only where the volunteer has the
44 potential for regular and substantial contact with children enrolled in
45 the program.
46 § 3. Subparagraphs (i) and (ii) of paragraph (a) of subdivision 3 of
47 section 390-b of the social services law, as added by chapter 416 of the
48 laws of 2000, are amended to read as follows:
49 (i) Where the criminal history record of an applicant to be an opera-
50 tor of a child day care center, school age child care program, group
51 family day care home, family day care home, or any person over the age
52 of eighteen residing in such a home, reveals a felony conviction at any
53 time for a sex offense, crime against a child, or a crime involving
54 violence, that such applicant had their parental rights terminated under
55 article six of the family court act, or were the respondent in a
56 proceeding under article ten of the family court act, or have a felony
A. 3660 3
1 conviction within the past five years for a drug-related offense, the
2 office of children and family services shall deny the application
3 [unless the office determines, in its discretion, that approval of the
4 application will not in any way jeopardize the health, safety or welfare
5 of the children in the center, program or home]; or
6 (ii) Where the criminal history record or criminal charges and family
7 court actions disclosure form of an applicant to be an operator of a
8 child day care center, school age child care program, group family day
9 care home, family day care home, or any person over the age of eighteen
10 residing in such a home, reveals a conviction for a crime other than one
11 set forth in subparagraph (i) of this paragraph, the office of children
12 and family services may deny the application, consistent with article
13 twenty-three-A of the correction law; or
14 § 4. Clause (D) of subparagraph (ii) of paragraph (a) of subdivision 1
15 of section 390 of the social services law, as added by chapter 750 of
16 the laws of 1990, is amended to read as follows:
17 (D) a kindergarten, pre-kindergarten, or nursery school for children
18 three years of age or older, or after-school program for children oper-
19 ated by a public school district or by a private school or academy which
20 is providing elementary or secondary education or both, in accordance
21 with the compulsory education requirements of the education law,
22 provided that the kindergarten, pre-kindergarten, nursery school, or
23 after school program is located on the premises or campus where the
24 elementary or secondary education is provided. Such facilities shall
25 however be subject to the requirements of section three hundred ninety-
26 aa of this chapter.
27 § 5. This act shall take effect on the sixtieth day after it shall
28 have become a law.
