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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4440B
SPONSOR: Titus TITLE OF BILL: An act to amend the social services law, in relation
to the statewide central register for child abuse and maltreatment
PURPOSE OR GENERAL IDEA OF BILL:
To amend the definition of providers able to access the Statewide
Central Register for Child Abuse and Maltreatment (SCR) to include three
types of agencies that employ or supervise individuals providing child
care in New York City that may query the SCR.
SUMMARY OF SPECIFIC PROVISIONS:
Specifically, the bill modifies the definition of a "provider agency" in
subdivision 3 of section 424-a of the Social. Services Law to include:
early childhood school-based programs that operate pursuant to the New
York City Health Code (Health Code) Article 43; agencies that provide
substitute or temporary staff to child care programs regardless of regu-
latory authority; and education and training programs that place
students as interns or residents in various child care programs. The
bill updates the definition of "licensing agency" in subdivision 4 of
section 424-a to accurately reflect the supervisory role of the New York
City Department of Health and Mental Hygiene (DOHMH) with respect to
current child care programs in New York City. The bill also deletes the
reference to DOHMH's authority over family day care programs, which
pursuant to chapter 587 of the laws of 1997 are no longer regulated by
DOHMH. It further clarifies DOHMH's role as the "licensing agency" for
child care services and early childhood school based programs regulated
by the Health Code.
JUSTIFICATION:
The Social Services Law section 424-a(3) defines "provider agencies,"
which may request otherwise confidential information concerning reports
of incidents related to employees and other staff from the SCR. The
current definition includes "licensed day care centers" among the
specific provider agencies, but does not include programs in New York
City for children under the age of six that are owned, operated, managed
and controlled by public and non-public schools in New York City. Such
programs are not regulated by the State, but rather regulated pursuant
to Article 43 of the Health Code. Since July 26, 2008, Article 43
requires that these school-based and -operated early childhood programs
clear their staff and employees through the SCR. In New York City, there
are approximately 500 facilities that are regulated by Article 43 whose
staff currently cannot be cleared through the SCR.
Section 43.13(c) of Article 43 of the Health Code requires school-based
child care programs to arrange for an inquiry of the SCR for all
prospective permanent and temporary employees. However, these programs
are not included in the Social Services Law definition of provider agen-
cies that may request such information. Therefore, they are unable to
request clearance from the Register. Until the definition of "provider
agency" in section 424-a(3) of the Social Services Law is amended, staff
at these facilities may only be screened for criminal history, and not
for a history of child abuse or maltreatment.
School-based early childhood programs, like other child care facilities,
often contract with temporary staff services or other organizations to
comply with the Health Code's required staff to child ratios when perma-
nent staff are on leave, otherwise unable to work, or to enhance their
existing curriculum. However, the organizations that supply temporary
staff are not authorized to clear those individuals through the SCR
because they are not included in the current definition of "'provider'
or 'provider agencies.'" The bill would authorize the temporary employ-
ment agencies placing staff in child care programs to query the SCR.
Similar authority would be extended under this proposal to educational
and training programs, which often place student trainees in various
child care programs and facilities as residents or interns.
PRIOR LEGISLATIVE HISTORY:
A1341 (2015-2016) Referred to Children and Families 1/6/16
A1517 (2013-2014) Referred to Children and Families 1/8/14
A10562 (2011-2012) Referred to Children and Families 6/5/12
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
