Authorizes the review of sealed juvenile sex offense records for persons applying to become foster or adoptive parents or to be employed by licensed caregivers

BILL NUMBER:S2469

Title of bill

An act to amend the criminal procedure law, and the social services law in relation to authorizing the review of sealed juvenile records for persons applying to serve as a foster or adoptive parent

Purpose or general idea of bill

To ensure that prospective foster and adoptive parents or those seeking employment from licensed caregivers receive a thorough background check that includes juvenile convictions for sex offenses.

Summary of provisions

Section 1. Section 720.35 of the criminal procedure law is amended by adding a new subdivision 5 to require that all records and reports related to a sex offense conviction as a youthful offender shall be provided to the commissioner of children and family services in order to perform background checks.

Section 2. Subdivision 2 of section 378-a of the social services law is amended by adding a new paragraph (a-1) that mandates a review of the youthful offender records referenced above as a part of the background check process for foster and adoptive parents or employed by a licensed caregiver.

Justification

While New York State Law provides stringent background check guidelines for prospective adoptive and foster parents or those seeking employment with a licensed caregiver, these guidelines do not allow a review of convictions that may have occurred as a youthful offender. This bill would close a dangerous loophole in the law that allows individuals who committed criminal sex offenses as a minor to hide those convictions from the office of children and family services when records are reviewed pursuant to an adoption or foster parenting situation or when seeking employment from a licensed caregiver. This bill will allow the Commissioner of Children and Family Services in each county in New York State to examine any youthful offender conviction for a sex offense before deciding if an individual is fit to serve as a foster or adoptive parent or be employed by a licensed caregiver.

Sadly, we have seen cases around the State including in Western New York, where individuals have committed sex offenses as juveniles, and still been allowed to act as a foster or adoptive parent or work in a daycare setting. This situation is unacceptable because it places children in harm's way. This bill would ensure that these types of situations never happen again.

Prior legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.