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Sponsors
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History
- Referred to social services
- Returned to senate
- Died in assembly
- Referred to children and families
- Delivered to assembly
- Passed senateVote 57–4
- Ordered to third reading cal.734
- Committee discharged and committed to rules
- Referred to social services
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Restricts hiring of child care providers with criminal convictions
In Assembly Committee · Children And Families · Sponsor N. Nick Perry
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.