Authorizes family courts to order local commissioner of social services to advise the employer of a respondent upon the disposition of a child protective proceeding where the respondent has contact with

Title of bill

An act to amend the family court act, in relation to authorizing family courts to order the local commissioner of social services to notify a respondent's employer upon the disposition of a child protective proceeding when such respondent has contact with children in the course of his or her employment

Purpose

To protect children in settings where they may be exposed to persons who have been found to have abused or neglected children.

Summary of provisions

Section 1 adds new paragraph (vii) to subdivision (a) of Section 1052 of the family court act, to allow the Family Court, as an option, to inform employers of a court decision in instances where the employee, the respondent in the case, has contact with children through their employment.

Section 2 is the enacting clause.

Justification

Under current law, employers check the state central registry regarding new employees where the employment will mean contact with children - such as day care facilities and schools. However, there is no mechanism for employers who have already hired such an employee to be made aware that the person has SUBSEQUENTLY been found by a court to have abused or neglected a child.

This bill would allow, as an option, the court to order a commissioner to advise an employer that an employee had been judged by a court to have abused or neglected a child in their care. Under existing law, schools, day care facilities and the like have no way of knowing if an employee may have abused a child after they were hired-and departments of social services are not legally permitted to advise these employers about such individuals.

Legislative history

2015: S.3938 (Felder); Passed the Senate 2014: S.7210 (Felder); Passed the Senate

Fiscal implications

To be determined.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that if chapter 567 of the laws of 2015 shall not have taken effect on or before such date then section two of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2015 takes effect.