Bill S4113-2013

Restricts hiring of child care providers with criminal convictions

Restricts hiring of child care providers with criminal convictions.

Details

Actions

  • Jan 8, 2014: REFERRED TO SOCIAL SERVICES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • May 22, 2013: referred to children and families
  • May 22, 2013: DELIVERED TO ASSEMBLY
  • May 22, 2013: PASSED SENATE
  • May 21, 2013: ORDERED TO THIRD READING CAL.734
  • May 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 8, 2013: REFERRED TO SOCIAL SERVICES

Votes

Memo

BILL NUMBER:S4113

TITLE OF BILL: An act to amend the social services law, in relation to criminal history review of child care providers

PURPOSE: To ensure that young children are not being cared for by felons with a history of serious crimes.

SUMMARY OF PROVISIONS:

Section one amends Social Services Law section 390-b(3)(a)(i) to expand the list of offenses for which a conviction would lead to denial of a license application or employment application to include offenses under Penal Law Articles 120, 121, 125, 130, 135, 235, and 260, and offenses under Penal Law sections 230.30 and 230.32, an offense committed under a former provision of the Penal Law that would constitute an offense under the aforementioned articles and sections of the Penal Law, and offenses committed in another jurisdiction that would constitute a violation of the aforementioned articles and sections of the Penal Law.

Section one also amends Social Services Law removes the Office of Children and Family Services' discretion to approve a license application, renewal application, prospective employee or volunteer when the criminal background check reveals a conviction for any of the aforementioned crimes.

Section two provides that this act shall take effect immediately.

EXISTING LAW: Currently, the Office of Children and Family Services (OCFS) may approve a license application, renewal application, potential employee, or potential volunteer when the criminal background check reveals a conviction for a sex offense, crime against a child, violent crime, or a drug-related offense if the OCFS determines that approval will not in any way jeopardize the health, safety or welfare of the children in the center, program or home.

JUSTIFICATION: There are 27,200 children in day care in New York State on any given day. The Legislature has gone to great lengths to pass laws to ensure those charged with caring for these children are spending their time in a safe environment. However, a loophole exists that would allow those with histories of crimes such as the sexual abuse of children to work in a day care setting.

Currently, these felons can work in a day care setting if the State Office of Children and Family Services feels that the individual's criminal background does not jeopardize the health and safety of the children. When someone is charged with the daily care of young children, we should not be taking chances and potentially placing young children at risk.

LEGISLATIVE HISTORY: 2011-2: S.2171 - Referred to Children and Families both years 2009-2010: S.2009 - Referred to Children and Families both years 2008: S.6449-A - Passed Senate

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4113 2013-2014 Regular Sessions IN SENATE March 8, 2013 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the social services law, in relation to criminal history review of child care providers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, is amended to read as follows: 3. Notwithstanding any other provision of law to the contrary, after reviewing any criminal history record information provided by the divi- sion of criminal justice services, of an individual who is subject to a criminal history record check pursuant to this section, the office of children and family services and the provider shall take the following actions: (a) (i) Where the criminal history record of an applicant to be an operator of a child day care center, school age child care program, group family day care home, family day care home, or any person over the age of eighteen residing in such a home, reveals a felony conviction [at any time for a sex offense, crime against a child, or a crime involving violence, or a felony conviction within the past five years for a drug- related offense] FOR AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-FIVE, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, TWO HUNDRED THIRTY-FIVE OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, OR AN OFFENSE DEFINED IN SECTION 230.30 OR 230.32 OF SUCH LAW, OR AN OFFENSE COMMITTED UNDER A FORMER PROVISION OF THE PENAL LAW WHICH WOULD CONSTITUTE A VIOLATION OF THE AFORESAID ARTICLES OR SECTIONS OF THE PENAL LAW OR ANY OFFENSE COMMITTED IN ANOTHER JURISDIC- TION WHICH WOULD CONSTITUTE A VIOLATION OF THE AFORESAID ARTICLES OR SECTIONS OF THE PENAL LAW, the office of children and family services shall deny the application [unless the office determines, in its
discretion, that approval of the application will not in any way jeop- ardize the health, safety or welfare of the children in the center, program or home]
; or (ii) Where the criminal history record of an applicant to be an opera- tor of a child day care center, school age child care program, group family day care home, family day care home, or any person over the age of eighteen residing in such a home, reveals a conviction for a crime other than one set forth in subparagraph (i) of this paragraph, the office of children and family services may deny the application, consistent with article twenty-three-A of the correction law; or (iii) Where the criminal history record of an applicant to be an oper- ator of a child day care center, school age child care program, group family day care home, family day care home, or any other person over the age of eighteen residing in such a home, reveals a charge for any crime, the office of children and family services shall hold the application in abeyance until the charge is finally resolved. (b) (i) Where the criminal history record of a current operator of a child day care center, school age child care program, group family day care home, family day care home, or any other person over the age of eighteen residing in such a home, reveals a conviction for a crime set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program. The office of children and family services shall deny, [limit, suspend,] revoke, reject or terminate a license or registration based on such a conviction[, unless the office determines, in its discretion, that continued operation of the center, program or home will not in any way jeopardize the health, safety or welfare of the children in the center, program or home]; (ii) Where the criminal history record of a current operator of a child day care center, school age child care program, group family day care home, family day care home, or any other person over the age of eighteen residing in such a home, reveals a conviction for a crime other than one set forth in subparagraph (i) of paragraph (a) of this subdivi- sion, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program. The office may deny, limit, suspend, revoke, reject or terminate a license or registration based on such a conviction, consistent with article twenty-three-A of the correction law; (iii) Where the criminal history record of a current operator of a child day care center, school age child care program, group family day care home, family day care home, or any other person over the age of eighteen residing in such a home, reveals a charge for any crime, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program. The office may suspend a license or registration based on such a charge where necessary to protect the health and safety of the children in the program. (c) (i) Where the criminal history record of an applicant to be an employee or volunteer at a child day care center or school age child care program reveals a conviction for a crime set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall direct the provider to deny the application [unless the office determines, in its discretion, that approval of the
application will not in any way jeopardize the health, safety or welfare of the children in the center or program]
; (ii) Where the criminal history record of an applicant to be an employee or volunteer at a child day care center or school age child care program reveals a conviction for a crime other than one set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services may, consistent with article twenty-three-A of the correction law, direct the provider to deny the application; (iii) Where the criminal history record of an applicant to be an employee or volunteer at a child day care center or school age child care program reveals a charge for any crime, the office of children and family services shall hold the application in abeyance until the charge is finally resolved. (d) (i) Where the criminal history record of a current employee or volunteer at a child day care center or school age child care program reveals a conviction for a crime set forth in subparagraph (i) of para- graph (a) of this subdivision, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program. The office shall direct the provider to terminate the employee or volunteer based on such a conviction[, unless the office determines, in its discretion, that the continued presence of the employee or volunteer in the center or program will not in any way jeop- ardize the health, safety or welfare of the children in the center or program]; (ii) Where the criminal history record of a current employee or volun- teer at a child day care center or school age child care program reveals a conviction for a crime other than one set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program. The office may direct the provider to terminate the employ- ee or volunteer based on such a conviction, consistent with article twenty-three-A of the correction law; (iii) Where the criminal history record of a current employee or volunteer at a child day care center or school age child care program reveals a charge for any crime, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program. (e) (i) Where the criminal history record of an applicant to be an employee, assistant or volunteer at a group family day care home or family day care home reveals a conviction for a crime set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall direct the provider to deny the application [unless the office determines, in its discretion, that approval of the application will not in any way jeopardize the health, safety or welfare of the children in the home]; (ii) Where the criminal history record of an applicant to be an employee, assistant or volunteer at a group family day care home or family day care home reveals a conviction for a crime other than one set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services may, consistent with article twenty-three-A of the correction law, direct the provider to deny the application;
(iii) Where the criminal history record of an applicant to be an employee, assistant or volunteer at a group family day care home or family day care home reveals a charge for any crime, the office of chil- dren and family services shall hold the application in abeyance until the charge is finally resolved. (f) (i) Where the criminal history record of a current employee, assistant or volunteer at a group family day care home or family day care home reveals a conviction for a crime set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the home. The office of children and family services shall direct the provider to terminate the employee, assistant or volunteer based on such a conviction[, unless the office determines, in its discretion, that the continued presence of the employee, assistant or volunteer in the home will not in any way jeopardize the health, safety or welfare of the children in the home]; (ii) Where the criminal history record of a current employee, assist- ant or volunteer at a group family day care home or family day care home reveals a conviction for a crime other than one set forth in subpara- graph (i) of paragraph (a) of this subdivision, the office of children and family services shall conduct a safety assessment of the home and take all appropriate steps to protect the health and safety of the chil- dren in the home. The office may direct the provider to terminate the employee, assistant or volunteer based on such a conviction, consistent with article twenty-three-A of the correction law; (iii) Where the criminal history record of a current employee, assist- ant or volunteer at a group family day care home or family day care home reveals a charge for any crime, the office of children and family services shall conduct a safety assessment of the home and take all appropriate steps to protect the health and safety of the children in the home. (g) Advise the provider that the individual has no criminal history record. S 2. This act shall take effect immediately.

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