What's happening
This bill mandates automatic denial or termination of child care provider applications and employment for certain felony convictions, removing agency discretion to allow exceptions.
Why it matters
Removes agency discretion for certain felonies. The bill eliminates the Office of Children and Family Services’ (OCFS) ability to approve or retain child care providers, employees, or volunteers with specific felony convictions—even if the agency believes children’s safety wouldn’t be compromised. This means there will be no exceptions for these offenses.
Broadens the scope of disqualifying offenses. The new language expands automatic disqualification to include felony convictions for sex offenses, crimes against children, or crimes involving violence from any jurisdiction (not just New York), as well as recent felony drug offenses.
Mandates automatic denial or termination. For those with the specified felony convictions, the OCFS must now deny applications or terminate current employment/association with child care programs, removing any “case-by-case” evaluation.
Potential impact on workforce and rehabilitation. The law may reduce opportunities for individuals with certain criminal histories to work in child care, regardless of rehabilitation or time since the offense, which could affect both the available workforce and debates about second chances.
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Who cares
Headline styles
Ban Convicted Felons from Child Care
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to children and families
- Referred to children and families
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
17
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. PERRY -- read once and referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to criminal history review of child care providers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, is amended to read as follows:
3. Notwithstanding any other provision of law to the contrary, after reviewing any criminal history record information provided by the division of criminal justice services, of an individual who is subject to a criminal history record check pursuant to this section, the office of children and family services and the provider shall take the following actions:
(a) (i) Where the criminal history record of an applicant to be an operator of a child day care center, school age child care program, group family day care home, family day care home, or any person over the age of eighteen residing in such a home, reveals a felony conviction at any time for a sex offense, crime against a child, or a crime involving violence, or a felony conviction within the past five years for a drugrelated offense or a felony conviction at any time for any offense committed in another jurisdiction which, if committed in this state, would constitute a sex offense, crime against a child, or crime involving violence, or a felony conviction within the past five years for a drug-related offense pursuant to the penal law, the office of children and family services shall deny the application [unless the office determines, in its discretion, that approval of the application will not in any way jeopardize the health, safety or welfare of the children in the center, program or home]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02524-01-9
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(ii) Where the criminal history record of an applicant to be an operator of a child day care center, school age child care program, group family day care home, family day care home, or any person over the age of eighteen residing in such a home, reveals a conviction for a crime other than one set forth in subparagraph (i) of this paragraph, the office of children and family services may deny the application, consistent with article twenty-three-A of the correction law; or
(iii) Where the criminal history record of an applicant to be an operator of a child day care center, school age child care program, group family day care home, family day care home, or any other person over the age of eighteen residing in such a home, reveals a charge for any crime, the office of children and family services shall hold the application in abeyance until the charge is finally resolved.
(b) (i) Where the criminal history record of a current operator of a child day care center, school age child care program, group family day care home, family day care home, or any other person over the age of eighteen residing in such a home, reveals a conviction for a crime set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program. The office of children and family services shall deny, [limit, suspend,] revoke, reject or terminate a license or registration based on such a conviction[, unless the office determines, in its discretion, that continued operation of the center, program or home will not in any way jeopardize the health, safety or welfare of the children in the center, program or home];
(ii) Where the criminal history record of a current operator of a child day care center, school age child care program, group family day care home, family day care home, or any other person over the age of eighteen residing in such a home, reveals a conviction for a crime other than one set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program. The office may deny, limit, suspend, revoke, reject or terminate a license or registration based on such a conviction, consistent with article twenty-three-A of the correction law;
(iii) Where the criminal history record of a current operator of a child day care center, school age child care program, group family day care home, family day care home, or any other person over the age of eighteen residing in such a home, reveals a charge for any crime, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program. The office may suspend a license or registration based on such a charge where necessary to protect the health and safety of the children in the program.
(c) (i) Where the criminal history record of an applicant to be an employee or volunteer at a child day care center or school age child care program reveals a conviction for a crime set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall direct the provider to deny the application [unless the office determines, in its discretion, that approval of the application will not in any way jeopardize the health, safety or welfare of the children in the center or program];
(ii) Where the criminal history record of an applicant to be an employee or volunteer at a child day care center or school age child
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care program reveals a conviction for a crime other than one set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services may, consistent with article twenty-three-A of the correction law, direct the provider to deny the application;
(iii) Where the criminal history record of an applicant to be an employee or volunteer at a child day care center or school age child care program reveals a charge for any crime, the office of children and family services shall hold the application in abeyance until the charge is finally resolved.
(d) (i) Where the criminal history record of a current employee or volunteer at a child day care center or school age child care program reveals a conviction for a crime set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program. The office shall direct the provider to terminate the employee or volunteer based on such a conviction[, unless the office determines, in its discretion, that the continued presence of the employee or volunteer in the center or program will not in any way jeopardize the health, safety or welfare of the children in the center or program];
(ii) Where the criminal history record of a current employee or volunteer at a child day care center or school age child care program reveals a conviction for a crime other than one set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program. The office may direct the provider to terminate the employee or volunteer based on such a conviction, consistent with article twenty-three-A of the correction law;
(iii) Where the criminal history record of a current employee or volunteer at a child day care center or school age child care program reveals a charge for any crime, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the program.
(e) (i) Where the criminal history record of an applicant to be an employee, assistant or volunteer at a group family day care home or family day care home reveals a conviction for a crime set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall direct the provider to deny the application [unless the office determines, in its discretion, that approval of the application will not in any way jeopardize the health, safety or welfare of the children in the home];
(ii) Where the criminal history record of an applicant to be an employee, assistant or volunteer at a group family day care home or family day care home reveals a conviction for a crime other than one set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services may, consistent with article twenty-three-A of the correction law, direct the provider to deny the application;
(iii) Where the criminal history record of an applicant to be an employee, assistant or volunteer at a group family day care home or family day care home reveals a charge for any crime, the office of children and family services shall hold the application in abeyance until the charge is finally resolved.
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(f) (i) Where the criminal history record of a current employee, assistant or volunteer at a group family day care home or family day care home reveals a conviction for a crime set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall conduct a safety assessment of the program and take all appropriate steps to protect the health and safety of the children in the home. The office of children and family services shall direct the provider to terminate the employee, assistant or volunteer based on such a conviction[, unless the office determines, in its discretion, that the continued presence of the employee, assistant or volunteer in the home will not in any way jeopardize the health, safety or welfare of the children in the home];
(ii) Where the criminal history record of a current employee, assistant or volunteer at a group family day care home or family day care home reveals a conviction for a crime other than one set forth in subparagraph (i) of paragraph (a) of this subdivision, the office of children and family services shall conduct a safety assessment of the home and take all appropriate steps to protect the health and safety of the children in the home. The office may direct the provider to terminate the employee, assistant or volunteer based on such a conviction, consistent with article twenty-three-A of the correction law;
(iii) Where the criminal history record of a current employee, assistant or volunteer at a group family day care home or family day care home reveals a charge for any crime, the office of children and family services shall conduct a safety assessment of the home and take all appropriate steps to protect the health and safety of the children in the home.
(g) Advise the provider that the individual has no criminal history record.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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