Requires certain nursery school operators to file with the office of children and family services and to fingerprint applicants for purpose of conducting searches

BILL NUMBER:S1518

Title of bill

An act to amend the social services law, in relation to requiring filing with the office of children and family services by nursery school operators and authorizing certain nursery schools to submit fingerprints of applicants for the purpose of a search of criminal history records of the division of criminal justice services

Purpose

Requires certain nursery school operators to file with the Department of Social Services and to fingerprint applicants for the purpose of conducting a search of criminal history records.

Summary of provisions

Amends §§ 390, 390-a, 390-b and 424-a of the Social Services Law.

Justification

Current statute definition regarding child care providers authorizes the Office of Children and Family Services (OCFS) oversight only for those operators who provide care for more than three hours a day per child. As a result, an entire subsection of child care providers, specifically those who care for children for three hours or less a day in settings commonly referred to as nursery schools, have no statutory definition and operate outside of OCFS regulations and oversight. This bill would require nursery school providers, defined as those child care providers caring for three or more preschool children for three or less hours a day, to file with the Office of Children and Family Services. Initial filing would be valid for one year. Subsequent renewals would be valid for two years. Once filed, nursery schools would be required to conform with applicable OCFS rules and regulations. As a result, a custodial parent or guardian would have unlimited access to his or her child and the right to on-demand nursery school inspection during hours of operation.

In addition, this bill would include nursery schools in the provision requiring the Office of Children and Family Services to inspect 20% of State regulated child care programs. A nursery school operator would have 30 days to conform with applicable statutes or regulations if found in violation.. Following filing, OCFS would provide nursery school operators with information on liability insurance, start-up grants, federal food programs, child day care subsidies, tax information and support services available through child care resource and referral programs. This bill would authorize OCFS to fine nursery school operators who do not comply with filing requirements up to $250 a day. Once notified by OCFS of filing requirements, a provider would have thirty days to file. Furthermore, OCFS would be authorized to impose civil penalties in relation to violation of laws or regulations. This bill would also require anyone applying for employment in nursery schools to submit to mandatory fingerprinting procedures for purposes of a State and Federal criminal records background check.

In sum, this legislation would bring nursery school providers under State supervision, thereby protecting the safety and well being of a large group of children who remain vulnerable to repulsive acts of molestation. A nursery school connected with a school district is

excluded from this requirement, as those applicants are already being fingerprinted.

Legislative history

1996-2001: Senate Children and Families Committee; 2002: Senate Rules Committee; 2003-10: Senate Children and Families Committee. 2011-12: Senate Finance Committee.

Fiscal implications

To be determined.

Effective date

This act shall take effect 180 days after the date it shall have become a law, provided, however, that any rules or regulations necessary to implement the provisions of this act on its effective date shall be promulgated on or before such date.