Authorizes the fingerprinting of employees of informal child care providers; defines terms; provides that an informal child care provider means a program in a facility, other than a residence, in which child care is provided on a regular basis and is not required to be licensed by or registered with the office or licensed by the city of New York.
STATE OF NEW YORK
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2796
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
Introduced by M. of A. PAULIN, DINOWITZ, KELLES, SEAWRIGHT, SILLITTI,
THIELE, ZEBROWSKI, J. M. GIGLIO, McDONOUGH, AUBRY -- read once and
referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to fingerprinting
employees of informal child care providers
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-n to read as follows:
3 § 390-n. Fingerprinting employees of informal child care providers. 1.
4 For purposes of this section, "informal child care provider" means a
5 program in a facility, other than a residence, in which child care is
6 provided on a regular basis and is not required to be licensed by or
7 registered with the office or licensed by the city of New York.
8 Informal child care providers include, but are not limited to:
9 (a) nursery schools and programs for pre-school-aged children operated
10 by non-profit agencies or organizations or private proprietary agencies
11 which provide services for three or less hours per day;
12 (b) child care programs caring for not more than six school-aged chil-
13 dren during non-school hours. For purposes of this paragraph,
14 "school-aged children" means children under thirteen years of age who
15 are enrolled in kindergarten or a higher grade;
16 (c) child care programs caring for toddlers from eighteen months to
17 thirty-six months of age for three or less hours per day; and
18 (d) child care programs caring for infants up to eighteen months of
19 age for three or less hours per day.
20 2. Any informal child care provider may, as a condition of securing
21 employment or of continuing employment, require that all of its employ-
22 ees be fingerprinted. Such fingerprints shall be submitted to the divi-
23 sion of criminal justice services for a state criminal history record
24 check, as defined in subdivision one of section three thousand thirty-
25 five of the education law, and may be submitted to the federal bureau of
26 investigation for a national criminal history record check.
27 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05785-01-3
