S T A T E   O F   N E W   Y O R K
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                                  4672

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2013
                               ___________

Introduced by M. of A. TENNEY -- read once and referred to the Committee
  on Children and Families

AN  ACT  to amend the social services law, in relation to creating addi-
  tional safeguards to protect the welfare of children enrolled  in  day
  care programs in New York state

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

  Section 1. The social services law is amended by adding a new  section
390-aa to read as follows:
  S 390-AA. REQUIRED DISCLOSURE FOR LEGALLY-EXEMPT CHILD CARE PROVIDERS.
ANY  GROUP CHILD CARE PROVIDER THAT IS NOT LICENSED OR REGISTERED BY THE
NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE  REQUIRED
TO  DISCLOSE  SUCH INFORMATION IN WRITING TO THE PARENT OR GUARDIAN OF A
CHILD PRIOR TO SUCH CHILD'S ENROLLMENT AT THE FACILITY OR FOR  CURRENTLY
ENROLLED  CHILDREN  WITHIN  THIRTY  DAYS. THE PROVISIONS OF THIS SECTION
SHALL NOT APPLY TO CHILD CARE SERVICES PROVIDED IN THE CHILD'S  HOME  BY
AN INDIVIDUAL OF THE PARENT'S OR LEGAL GUARDIAN'S CHOOSING.
  S  2.  Paragraphs (a) and (b) of subdivision 1 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:
  (a)  Notwithstanding  any  other provision of law to the contrary, and
subject to rules and regulations of the  division  of  criminal  justice
services,  the  office  of  children and family services shall perform a
criminal history record check with  the  division  of  criminal  justice
services  regarding  any  operator, employee or volunteer of a child day
care center or school age child care provider, as defined in  paragraphs
(c)  and  (f) of subdivision one of section three hundred ninety of this
title.  FOR THE PURPOSES OF THIS SECTION, CRIMINAL HISTORY RECORDS CHECK
SHALL MEAN A NATIONAL CRIMINAL BACKGROUND CHECK INCLUDING  ALL  COUNTIES
WITHIN  NEW  YORK  STATE  AND  ALL  STATES THROUGHOUT THE UNITED STATES.
FURTHER, ALL SEARCHES OF THE SEX OFFENDER REGISTRY SHALL INCLUDE  MULTI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03409-01-3
              

A. 4672                             2

PLE  VARIATIONS  AND SPELLINGS OF NAMES. INDIVIDUALS WHO ARE THE SUBJECT
OF SUCH RECORDS CHECK SHALL FURTHER  BE  REQUIRED  TO  FILE  A  CRIMINAL
CHARGES AND FAMILY COURT ACTIONS DISCLOSURE FORM AS PART OF THEIR APPLI-
CATION.  SUCH DISCLOSURE FORM SHALL REQUIRE APPLICANTS TO REVEAL IF THEY
HAVE EVER BEEN A PARTY TO AN ARTICLE SIX OR ARTICLE TEN PROCEEDING UNDER
THE  NEW  YORK  STATE  FAMILY COURT ACT OR EQUIVALENT PROCEEDINGS IN ANY
OTHER STATE, IF THEY WERE EVER CHARGED WITH,  BUT  NOT  CONVICTED  OF  A
FELONY,  A  SEX  OFFENSE,  CRIME  AGAINST  A CHILD, OR A CRIME INVOLVING
VIOLENCE, OR A FELONY FOR A DRUG-RELATED OFFENSE. Child day care  center
operators,  school  age child care operators and any employees or volun-
teers, who previously did not  have  a  criminal  history  record  check
performed in accordance with this subdivision shall have such a criminal
history  record check performed when the child day care center or school
age child care provider applies for  license  or  registration  renewal.
Child  day  care  centers  which  are  not  subject to the provisions of
section three hundred ninety of this title, shall not be subject to  the
provisions  of this section BUT SHALL BE REQUIRED TO DISCLOSE IN WRITING
SUCH FACT TO THE PARENT OR GUARDIAN OF A CHILD  PRIOR  TO  SUCH  CHILD'S
ENROLLMENT  AT  THE  FACILITY  OR FOR CURRENTLY ENROLLED CHILDREN WITHIN
SIXTY DAYS PURSUANT TO SECTION THREE HUNDRED NINETY-AA OF THIS  CHAPTER.
The provisions of this section shall apply to a volunteer only where the
volunteer  has  the  potential  for regular and substantial contact with
children enrolled in the program.
  (b) Notwithstanding any other provision of law to  the  contrary,  and
subject  to  rules  and  regulations of the division of criminal justice
services, the office of children and family  services  shall  perform  a
criminal history record check AS DEFINED IN PARAGRAPH (A) OF THIS SUBDI-
VISION  with  the  division  of  criminal justice services regarding the
operator, any assistants, employees or volunteers of a group family  day
care  home or family day care home, as defined in paragraphs (d) and (e)
of subdivision one of section three hundred ninety of  this  title,  and
any  person  age  eighteen or over residing on the premises of the group
family day care home or family day care home which is to be licensed  or
registered  in  accordance  with  section  three  hundred ninety of this
title. Group family day care home operators, family day care home opera-
tors, any assistants, employees or volunteers, and persons who  are  age
eighteen or over residing on the premises of a licensed group family day
care home or registered family day care home who previously did not have
a criminal history record check performed in accordance with this subdi-
vision  shall  have  such a criminal history record check performed when
the group family day care home or  family  day  care  home  applies  for
renewal  of  the  home's license or registration. The provisions of this
section shall apply to a volunteer only  where  the  volunteer  has  the
potential  for regular and substantial contact with children enrolled in
the program.
  S 3. Subparagraphs (i) and (ii) of paragraph (a) of subdivision  3  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:
  (i)  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 felony conviction at  any
time  for  a  sex  offense,  crime against a child, or a crime involving
violence, THAT SUCH APPLICANT HAD THEIR PARENTAL RIGHTS TERMINATED UNDER
ARTICLE SIX OF THE FAMILY  COURT  ACT,  OR  WERE  THE  RESPONDENT  IN  A
PROCEEDING  UNDER  ARTICLE TEN OF THE FAMILY COURT ACT, or HAVE a felony

A. 4672                             3

conviction within the past five years for a  drug-related  offense,  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 jeopardize the health, safety or welfare
of the children in the center, program or home]; or
  (ii)  Where the criminal history record OR CRIMINAL CHARGES AND FAMILY
COURT ACTIONS DISCLOSURE FORM 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 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
  S 4. Clause (D) of subparagraph (ii) of paragraph (a) of subdivision 1
of  section  390  of the social services law, as added by chapter 750 of
the laws of 1990, is amended to read as follows:
  (D) a kindergarten, pre-kindergarten, or nursery school  for  children
three  years of age or older, or after-school program for children oper-
ated by a public school district or by a private school or academy which
is providing elementary or secondary education or  both,  in  accordance
with  the  compulsory  education  requirements  of  the  education  law,
provided that the kindergarten,  pre-kindergarten,  nursery  school,  or
after  school  program  is  located  on the premises or campus where the
elementary or secondary education is provided.   SUCH  FACILITIES  SHALL
HOWEVER  BE SUBJECT TO THE REQUIREMENTS OF SECTION THREE HUNDRED NINETY-
AA OF THIS CHAPTER.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.