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BILL NUMBER:S6861

TITLE OF BILL: An act to amend the social services law, in relation to requiring a federal fingerprint check of child care providers

PURPOSE: This bill requires the Division of Criminal Justice to process fingerprint cards using the integrated automated fingerprint identification system maintained by the Federal Bureau of Investigation. In addition, the Division of Criminal Justice Services shall also search the United States Department of Justice National Sex Offender public website for each prospective employee or volunteer.

SUMMARY OF PROVISIONS: Amends paragraph e of subdivision 2 of section 390-b of the social services law to add that upon submission the Division of Criminal Justice services shall also process the fingerprint cards using the integrated automated fingerprint identification system that is maintained by the Federal Bureau of Investigation. In addition, the division of criminal justice services shall also search the United States Department of Justice national sex offender public website for each prospective employee or volunteer.

JUSTIFICATION: Every day, over a million New York parents entrust their child's safety to a child care provider.

11 million U.S. children below the age of 5 spend 35 hours a week in some type of child care setting, the stakes are incredibly high. Study after Study has shown that high-quality child care directly correlates to higher achievement and better behavior by the time kids reach high school.

This legislation aims to close loopholes in current State law. It is important to assure parents that their child is protected and does not come in contact with those who have records of violent offenses, sex offenses, child abuse or neglect, or have not engaged in other behaviors that should disqualify them from caring for children. Current State law does not require an applicants' fingerprints to be checked by the FBI's fingerprint database nor the U.S. Department of Justice's National Sex Offender Registry. As a result, those who would be disqualified under current State law, can pass undetected due to the lack in current requirements to review an individuals' background in other States.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE: This act shall take effect on the 120th day after it becomes law.

Text

STATE OF NEW YORK
________________________________________________________________________

6861

IN SENATE

March 30, 2012
___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law,  in  relation  to  requiring  a
  federal fingerprint check of child care providers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (e) and (f) of subdivision 2 of section 390-b of
the social services law, as added by chapter 416 of the  laws  of  2000,
are amended to read as follows:
  (e)  The office of children and family services shall pay the process-
ing fee imposed pursuant to subdivision eight-a of section eight hundred
thirty-seven of the executive law. The office  of  children  and  family
services  shall promptly submit the fingerprint cards and the processing
fee to the division of criminal justice services for its full search and
retain processing.  UPON SUBMISSION, THE DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  SHALL ALSO PROCESS SUCH FINGERPRINT CARDS USING THE INTEGRATED
AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM MAINTAINED  BY  THE  FEDERAL
BUREAU  OF  INVESTIGATION. IN ADDITION, THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL ALSO SEARCH  THE  UNITED  STATES  DEPARTMENT  OF  JUSTICE
NATIONAL  SEX  OFFENDER  PUBLIC WEBSITE FOR EACH PROSPECTIVE EMPLOYEE OR
VOLUNTEER.
  (f) [A] NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDI-
VISION, A licensed or registered child day care center, school-age child
care program, group family day care home or family  day  care  home  may
temporarily  approve an applicant to be an employee, assistant or volun-
teer for such provider while the results of the criminal history  record
check  are pending, but shall not allow such person to have unsupervised
contact with children during such time.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15150-02-2