Relates to creating additional safeguards to protect the welfare of children enrolled in day care programs in New York state

BILL NUMBER:S5261

Title of bill

An act to amend the social services law, in relation to creating additional safeguards to protect the welfare of children enrolled in day care programs in New York state

Purpose

Relates to creating additional safeguards to protect the welfare of children enrolled in day care programs in New York State.

Summary of provisions

Section 1 amends the social services law by adding a new section 390-aa, required disclosure for legally-exempt child care providers.

Section 2 amends paragraphs (a) and (b) of subsection 1 of section 390b of the social services law.

Section 3 amends subparagraphs (i) and (ii) of paragraph (a) of subdivision 3 of section 390-b of the social services law.

i) Adds the phrase "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, "and the word "have".

(ii) Adds the phrase "or criminal charges and family court actions disclosure form".

Section 4 amends clause (D) of subparagraph (ii) of paragraph (a) of subdivision 1 of section 390 of the social services law, which adds the phrase "Such facilities shall however be subject to the requirements of section three hundred ninety-aa of this chapter".

Section 5 contains the effective date.

Justification

After a recent MSNBC's Dateline report, which exposed the fact that many people convicted of violent crimes were actually granted a license to provide child care, it seems clear that there needs to be legislative action to address this problem.

There are several categories under New York State Law that do not require legally-exempt child care providers to obtain a New York State license or registration. This legislation will require facilities under the legally-exempt group child care category to disclose to parents that such facilities are not required to be licensed or registered under New York, State Law.

While endangering the welfare of a child is an automatic denial of licensing, there is no requirement of a background check for child abuse or maltreatment. This legislation would provide that a criminal history records check would consist of a national criminal background check including all counties within New York State and all states throughout the United States.

This legislation will require individuals who are the subject of such records check to file a criminal charges and family court actions disclosures form as part of their application. This form would 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 sate, 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.

Additionally, to strengthen sex offenders from being approved, this legislation prescribes that all searches of the Sex Offender Registry shall include multiple variations and spellings of names.

Children must have a safe environment while in day care programs and parents deserve to know which facilities are not required to be licensed or registered under New York State Law so that they can make informed choices among child care providers in their community.

Legislative history

New in Senate/2011 referred to Children and Families Committee in Assembly.

Fiscal implications

Minimal.

Effective date

60 days.