A00164 Summary:

Add §378-b, Soc Serv L; amd §837, Exec L
Prohibits certain enumerated child care facilities from employing or using as volunteers, persons convicted of certain enumerated offenses; allows the facilities to have access to criminal records of its volunteers and employees and prospective volunteers and employees.
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A00164 Actions:

01/04/2023referred to children and families
01/03/2024referred to children and families
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A00164 Committee Votes:

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A00164 Floor Votes:

There are no votes for this bill in this legislative session.
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A00164 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Santabarbara
  TITLE OF BILL: An act to amend the social services law and the executive law, in relation to day care for children   PURPOSE OR GENERAL IDEA OR BILL: To prohibit certain child care facilities from employing felons and individuals convicted of certain misdemeanors and providing *criminal record access for certain child care entities. SUMMARY OF PROVISIONS: The Social Services Law is amended by adding a new Section 378b subdivi- sion 8-a of Section 837 of the Executive Law, as amended by Chapter 103 of the Laws of 1981, is amended.   JUSTIFICATION: New York State's child care system is one of the largest in the nation. Despite these impressive numbers, a great need for the expansion of child day care services in the state still exists, as the demand for care far exceeds its supply. While the escalating level of demand is common to all areas of the state, in both middleclass and poor neighbor- hoods, it continues to be extremely prevalent in rural areas. A number of recent initiatives have sought to develop, support and expand the quality, accessibility and availability of child day care. Unquestion- ably, more work in this area needs to be done. Inherent to such efforts is ensuring the highest possible level of safety in New York State's child care settings. Current state law addresses the child care safety issue in an inadequate fashion. It requires the screening of registered or licensed day care providers solely by way of the state's Child Abuse and Maltreatment Registry (in conjunction with the Hotline), and allows the licensing authority, to issue a license to a child day care provider even if the provider has a criminal record or thought to be devoid of "good moral character". While the law provides exceptions in certain cases (such as if there is a direct relationship between the previous offense and the licensed activity, or if license issuance would present imminent danger to the public health or to an individual's safety or welfare), they are clearly overly permissive, and therefore, inadequate. Indeed knowledge of a criminal conviction of a potential or current day care program operator is not necessarily enough to be the basis to deny, limit, suspend, revoke, reject or terminate a license or registration. This is also true even if the Department is informed of a violent felony offense conviction of an operator, assistant, employee or volunteer.   PRIOR LEGISLATIVE HISTORY: 1993-94: A.4658 - referred to Children and Families 1995-96: A.546 - referred to Children & Families 1997-98: A.4200 - referred to Children & Families1999-00: A.2171 - referred to Children & Families 2001-02: A.785 - referred to Children & Families 2003-04: A.1244 - referred to Children & Families 2005-06: A.2914 - referred to Children & Families 2007-08: A.1992 - referred to Children &Families /A.9583 - held for consideration in Children & Families 2009-10:A.4136 - held for consider- ation in Children & Families 2011-12: A.5066 -held for consideration in Children & Families 2013-14: A.5843 - referred to Children & Families; 2015-16 - referred to children and families 2017-18 A.203 - referred to children and families 2019-20 A.1366 - referred to children and families 2021-2022 - A.01446 referred to children and families   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: The state will realize some revenue, which should not exceed the costs of processing the requisite records.   EFFECTIVE DATE: The 120th day after it shall have become a law, provided that the Commissioner of the Division of Criminal Justice Services shall promul- gate the necessary implementing rules and regulations prior to this effective date.
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A00164 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                     January 4, 2023
        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Children and Families
        AN ACT to amend the social  services  law  and  the  executive  law,  in
          relation to day care for children

          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  378-b to read as follows:
     3    §  378-b.  Certificates  and licenses; record access; prohibitions. 1.
     4  Notwithstanding the provisions of any law, rule  or  regulation  to  the
     5  contrary,  no  license,  permit,  certificate  or  registration shall be
     6  issued by the department or any authorized agency  to  an  applicant  to
     7  operate  a  child  day  care  center, head start day care center program
     8  funded pursuant to title V of the federal economic  opportunity  act  of
     9  1964,  school age child care program, group family day care home, family
    10  day care home, nor  where  granted,  shall  any  such  license,  permit,
    11  certificate  or  registration  be  renewed  for  any such entity, if the
    12  applicant and/or operator thereof shall have been convicted of a violent
    13  felony offense as defined in section 70.02 of the penal  law,  or  shall
    14  have  been  convicted  of a misdemeanor or felony as defined in articles
    15  one hundred twenty, one hundred twenty-five,  one  hundred  thirty,  one
    16  hundred  thirty-five,  two hundred five, two hundred twenty, two hundred
    17  twenty-one, two hundred thirty, two  hundred  thirty-five,  two  hundred
    18  forty-five,  two  hundred  fifty-five,  two  hundred  sixty, two hundred
    19  sixty-three and two hundred sixty-five of the penal law.
    20    2. No such entity shall employ any assistant or employee, nor shall it
    21  accept any person for volunteer activity in any  such  entity,  if  such
    22  assistant,  employee  or  volunteer has been convicted of any offense as
    23  enumerated in subdivision one of this section.   Every such  entity,  as
    24  enumerated  in  subdivision  one of this section,   may obtain, with the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 164                              2
     1  consent of  the  volunteer  or  prospective  volunteer  or  employee  or
     2  prospective  employee  of such entity, the conviction records maintained
     3  by the division of criminal justice services pertaining to  such  volun-
     4  teer  or  prospective  volunteer  or  employee  or prospective employee;
     5  provided, however, that conviction records shall be requested  only  for
     6  volunteers or prospective volunteers, employees or prospective employees
     7  who  have  direct  contact,  as determined by such entity, with children
     8  served by such entity. The fee for such record shall  be  paid  by  such
     9  entity.
    10    3.  The  conviction record shall be marked "confidential" upon receipt
    11  by the person who has requested such records.  Only  such  person  shall
    12  have  access to such conviction record, and such conviction record shall
    13  at all times be maintained in a secure place in  order  to  insure  such
    14  confidentiality.  A  person  who  wilfully  violates the confidentiality
    15  required by this subdivision shall be guilty of a class E felony.
    16    4. Prior to requesting a conviction record of a volunteer or  prospec-
    17  tive  volunteer or employee or prospective employee from the division of
    18  criminal justice services, a representative of such entity  shall inform
    19  any such person who works  directly  with  children  in  any  activities
    20  authorized  by  such entity   that a request for a conviction record and
    21  review thereof is required in order for such person to continue  in  the
    22  same  capacity  or  for  such  prospective  volunteer  or employee to be
    23  accepted by such entity. Such person shall sign a form provided  by  the
    24  division  of criminal justice services stating that such person has been
    25  informed of the reason for a request for his or  her  conviction  record
    26  and consents to such request. Such form shall accompany each request for
    27  a  conviction  record  made  by the person of such entity requesting the
    28  record.
    29    5. After being informed of the requirement for such entity  to  obtain
    30  his or her conviction record and before such person gives consent to the
    31  provision of such record to such entity, a person may have access to his
    32  or  her  conviction  record  as  maintained  by the division of criminal
    33  justice services pursuant to  the  procedures  of  such  division.  Such
    34  person shall be provided with all necessary information regarding access
    35  to  such  records  by a representative of such entity. Such person shall
    36  also be provided by such division with information regarding  procedures
    37  for  such  person  to  verify  the accuracy of such records. Such person
    38  shall notify such entity if he or she wishes to have access  to  his  or
    39  her  conviction  record prior to giving consent to such entity's request
    40  for such record.
    41    6. A prospective volunteer or employee may withdraw from the  applica-
    42  tion  process,  whether  or  not  he or she has had access to his or her
    43  conviction record and whether or not such record has  been  received  by
    44  such  entity, without prejudice. If the conviction record of such person
    45  has been received by such entity, the person designated by  such  entity
    46  to  have  access  to conviction records shall destroy such record if the
    47  prospective volunteer or employee is not hired and/or accepted  by  such
    48  entity or withdraws from the application process.
    49    7.  The  conviction  record of such a person shall be destroyed by the
    50  person designated by such entity to have access  to  conviction  records
    51  when  such volunteer or employee no longer has direct contact with chil-
    52  dren served by such entity.
    53    8. The provisions of this section shall not, however, be applicable to
    54  any person who has a minor child under the care and supervision of  such
    55  entity where he or she volunteers or is employed or seeks employment.

        A. 164                              3
     1    9.  The  division  of  criminal  justice services shall respond to any
     2  request for a conviction record which is accompanied by a form signed by
     3  the subject of such request consenting to the provision of  such  record
     4  made pursuant to this section within fourteen days after such inquiry is
     5  received.   The commissioner of such division shall promulgate rules and
     6  regulations providing for a hearing   for  a  prospective  volunteer  or
     7  volunteer  or employee or prospective employee before representatives of
     8  such division and the department for purposes of verifying the  accuracy
     9  of his or her conviction record and for access by such persons to perti-
    10  nent documents related thereto.
    11    10.  For  purposes of this section, "conviction record" shall mean any
    12  record maintained by  the  division  of  criminal  justice  services  of
    13  convictions of a crime in violation of the penal law or any other law of
    14  another jurisdiction which, if committed in this state, would constitute
    15  a crime.
    16    §  2.  Subdivision 8-a of section 837 of the executive law, as amended
    17  by chapter 561 of the laws of 2006, is amended to read as follows:
    18    8-a. Charge a fee when, pursuant to statute or the regulations of  the
    19  division,  it  conducts  a  search  of  its criminal history records and
    20  returns a report thereon in connection with an application  for  employ-
    21  ment  or  for a license or permit or returns a conviction report thereon
    22  as required by section  three  hundred  seventy-eight-b  of  the  social
    23  services  law.    The  division  shall adopt and may, from time to time,
    24  amend a schedule of such fees which shall be in  amounts  determined  by
    25  the  division  to  be  reasonably related to the cost of conducting such
    26  searches and returning reports thereon but, in no event, shall any  such
    27  fee  exceed  twenty-five  dollars  and  an additional surcharge of fifty
    28  dollars. The comptroller is hereby authorized to deposit such fees  into
    29  the  general  fund,  provided,  however, that the monies received by the
    30  division of criminal justice services  for  payment  of  the  additional
    31  surcharge shall be deposited in equal amounts to the general fund and to
    32  the  fingerprint  identification and technology account. Notwithstanding
    33  the foregoing, the division shall not request  or  accept  any  fee  for
    34  searching  its  records and supplying a criminal history report pursuant
    35  to section two hundred fifty-one-b of the general business law  relating
    36  to  participating  in  flight  instruction at any aeronautical facility,
    37  flight school or institution of higher learning.
    38    § 3. This act shall take effect on the one hundred twentieth day after
    39  it shall have become a law.  Effective immediately, the addition, amend-
    40  ment and/or repeal of any rule or regulation necessary for the implemen-
    41  tation of this act on its effective date are authorized to be  made  and
    42  completed on or before such effective date.
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A00164 LFIN:

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A00164 Chamber Video/Transcript:

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