STATE OF NEW YORK
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3559
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
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Introduced by M. of A. GUNTHER, FAHY -- read once and referred to the
Committee on Children and Families
AN ACT to amend the social services law, in relation to the fingerprint-
ing of prospective employees of child day care centers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 2 of section 390-b of the
2 social services law, as added by chapter 416 of the laws of 2000, is
3 amended to read as follows:
4 (b) [Every] Except when the department of education has forwarded such
5 fingerprints of the prospective employee or volunteer to the commission-
6 er of the office of children and family services in accordance with
7 paragraph (c) of subdivision one of this section, every child day care
8 center or school age child care provider shall obtain a set of finger-
9 prints for each prospective employee or volunteer and such other infor-
10 mation as is required by the office of children and family services and
11 the division of criminal justice services. The child day care center or
12 school age child care program shall furnish to the applicant blank fing-
13 erprint cards and a description of how the completed fingerprint cards
14 will be used. The child day care center or school age child care program
15 shall promptly transmit such fingerprint cards to the office of children
16 and family services.
17 § 2. Subdivision 1 of section 390-b of the social services law is
18 amended by adding a new paragraph (c) to read as follows:
19 (c) Upon request from a prospective employee or volunteer who has been
20 cleared by the commissioner of education pursuant to section three thou-
21 sand thirty-five of the education law, the department of education shall
22 be authorized to forward a copy of such individual's criminal history
23 record and such individual's fingerprints to the commissioner of the
24 office of children and family services for purposes of conducting a
25 criminal history record check pursuant to this section. Furthermore,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00416-01-9
A. 3559 2
1 upon notification that such prospective employee has been cleared for
2 employment by the commissioner of the office of children and family
3 services pursuant to this section, the division of criminal justice
4 services shall have the authority to provide subsequent criminal history
5 notifications directly to such commissioner.
6 § 3. This act shall take effect immediately.
