STATE OF NEW YORK
________________________________________________________________________
8393
2019-2020 Regular Sessions
IN ASSEMBLY
June 15, 2019
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to background
clearances for temporary child care employment agencies and child care
educational and training institutions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 424-a of the social services law,
2 as amended by section 14-a of part H of chapter 56 of the laws of 2019,
3 is amended to read as follows:
4 3. For purposes of this section, the term "provider" or "provider
5 agency" shall mean: an authorized agency; the office of children and
6 family services; juvenile detention facilities subject to the certif-
7 ication of the office of children and family services; programs estab-
8 lished pursuant to article nineteen-H of the executive law; non-residen-
9 tial or residential programs or facilities licensed or operated by the
10 office of mental health or the office for people with developmental
11 disabilities except family care homes; including head start programs
12 which are funded pursuant to title V of the federal economic opportunity
13 act of nineteen hundred sixty-four, as amended; early intervention
14 service established pursuant to section twenty-five hundred forty of the
15 public health law; preschool services established pursuant to section
16 forty-four hundred ten of the education law; special act school
17 districts as enumerated in chapter five hundred sixty-six of the laws of
18 nineteen hundred sixty-seven, as amended; programs and facilities
19 licensed by the office of alcoholism and substance abuse services; resi-
20 dential schools which are operated, supervised or approved by the educa-
21 tion department; health homes, or any subcontractor of such health
22 homes, who contracts with or is approved or otherwise authorized by the
23 department of health to provide health home services to all those
24 enrolled pursuant to a diagnosis of a developmental disability as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11617-04-9
A. 8393 2
1 defined in subdivision twenty-two of section 1.03 of the mental hygiene
2 law and enrollees who are under twenty-one years of age under section
3 three hundred sixty-five-l of this chapter, or any entity that provides
4 home and community based services to enrollees who are under twenty-one
5 years of age under a demonstration program pursuant to section eleven
6 hundred fifteen of the federal social security act; temporary employment
7 agencies providing substitute child care staff to any other provider
8 agency, and educational and training institutions assigning child care
9 staff as interns or residents at any other provider agency; publicly-
10 funded emergency shelters for families with children, provided, however,
11 for purposes of this section, when the provider or provider agency is a
12 publicly-funded emergency shelter for families with children, then all
13 references in this section to the "potential for regular and substantial
14 contact with individuals who are cared for by the agency" shall mean the
15 potential for regular and substantial contact with children who are
16 served by such shelter; and any other facility or provider agency, as
17 defined in subdivision four of section four hundred eighty-eight of this
18 chapter, in regard to the employment of staff, or use of providers of
19 goods and services and staff of such providers, consultants, interns and
20 volunteers.
21 § 2. Section 390-b of the social services law is amended by adding a
22 new subdivision 12 to read as follows:
23 12. For purposes of this section, and notwithstanding section three
24 hundred ninety of this article, an operator or provider of a child day
25 care center or a school age child care program shall include temporary
26 child care employment agencies and child care educational and training
27 institutions. A temporary child care employment agency or child care
28 educational and training institution shall be subject to the criminal
29 history record check requirements for child care staff who may be placed
30 at a child day care center or a school age child care program, but not
31 for the operators or providers of such temporary child care employment
32 agency or child care educational and training institution. Such require-
33 ments shall include submitting fingerprint cards and such other informa-
34 tion as required by the office of children and family services and the
35 division of criminal justice services, and authorizing the office of
36 children and family services to deny or hold in abeyance an employee's
37 application as provided for in this section. The office of children and
38 family services may charge the temporary child care employment agency or
39 child care educational and training institution an amount equal to the
40 processing fee imposed pursuant to subdivision eight-a of section eight
41 hundred thirty-seven of the executive law. Where the office of children
42 and family services advises the temporary child care employment agency
43 or child care educational and training institution that an individual
44 has no criminal history record, no additional criminal history record
45 check by a child day care center or a school age child care program
46 shall be required upon placement of that individual at the child day
47 care center or a school age child care program. For purposes of this
48 subdivision, a "temporary child care employment agency" shall mean any
49 entity that employs substitute child care staff to be supplied on a
50 temporary basis to a child day care center or a school age child care
51 program, and a "child care educational and training institution" shall
52 mean any entity that assigns child care staff as interns or residents at
53 a child day care center or a school age child care program.
54 § 3. This act shall take effect January 1, 2020.