What's happening
This bill requires background checks for staff from temporary child care agencies and training institutions placed in child care centers.
Why it matters
Closes a safety loophole. by ensuring that substitute staff and interns from external agencies or training programs must pass the same background checks as regular child care center employees, reducing the risk of unsuitable individuals working with children.
Streamlines hiring and placement. by allowing background checks conducted by agencies or training institutions to be accepted by child care centers, preventing redundant screenings when staff are placed at multiple locations.
Places new compliance requirements on agencies and institutions. that supply child care staff, including costs for fingerprinting and background check processing, which may affect their operational procedures and financial planning.
Expands oversight by state authorities. , granting the Office of Children and Family Services the power to deny or delay employment approvals for individuals with concerning records, thereby strengthening child safety protections across all forms of child care staffing.
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Who cares
Headline styles
Require Child Care Staff Background Checks
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
3 Co-sponsors
History
- Referred to children and families
- Print number 5811a
- Amend and recommit to children and families
- Referred to children and families
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.
Expand Child Care Background Checks
In Assembly Committee · Children And Families · Sponsor Charles Lavine
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5811--A
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to background clearances for temporary child care employment agencies and child care educational and training institutions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 424-a of the social services law, as amended by section 14-a of part H of chapter 56 of the laws of 2019, is amended to read as follows:
3. For purposes of this section, the term "provider" or "provider agency" shall mean: an authorized agency; the office of children and family services; juvenile detention facilities subject to the certification of the office of children and family services; programs established pursuant to article nineteen-H of the executive law; non-residential or residential programs or facilities licensed or operated by the office of mental health or the office for people with developmental disabilities except family care homes; including head start programs which are funded pursuant to title V of the federal economic opportunity act of nineteen hundred sixty-four, as amended; early intervention service established pursuant to section twenty-five hundred forty of the public health law; preschool services established pursuant to section forty-four hundred ten of the education law; special act school districts as enumerated in chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, as amended; programs and facilities licensed by the office of alcoholism and substance abuse services; residential schools which are operated, supervised or approved by the education department; health homes, or any subcontractor of such health homes, who contracts with or is approved or otherwise authorized by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11617-03-9
S. 5811--A 2
department of health to provide health home services to all those enrolled pursuant to a diagnosis of a developmental disability as defined in subdivision twenty-two of section 1.03 of the mental hygiene law and enrollees who are under twenty-one years of age under section three hundred sixty-five-l of this chapter, or any entity that provides home and community based services to enrollees who are under twenty-one years of age under a demonstration program pursuant to section eleven hundred fifteen of the federal social security act; temporary employment agencies providing substitute child care staff to any other provider agency, and educational and training institutions assigning child care staff as interns or residents at any other provider agency; publiclyfunded emergency shelters for families with children, provided, however, for purposes of this section, when the provider or provider agency is a publicly-funded emergency shelter for families with children, then all references in this section to the "potential for regular and substantial contact with individuals who are cared for by the agency" shall mean the potential for regular and substantial contact with children who are served by such shelter; and any other facility or provider agency, as defined in subdivision four of section four hundred eighty-eight of this chapter, in regard to the employment of staff, or use of providers of goods and services and staff of such providers, consultants, interns and volunteers.
§ 2. Section 390-b of the social services law is amended by adding a new subdivision 12 to read as follows:
12. For purposes of this section, and notwithstanding section three hundred ninety of this article, an operator or provider of a child day care center or a school age child care program shall include temporary child care employment agencies and child care educational and training institutions. A temporary child care employment agency or child care educational and training institution shall be subject to the criminal history record check requirements for child care staff who may be placed at a child day care center or a school age child care program, but not for the operators or providers of such temporary child care employment agency or child care educational and training institution. Such requirements shall include submitting fingerprint cards and such other information as required by the office of children and family services and the division of criminal justice services, and authorizing the office of children and family services to deny or hold in abeyance an employee's application as provided for in this section. The office of children and family services may charge the temporary child care employment agency or child care educational and training institution an amount equal to the processing fee imposed pursuant to subdivision eight-a of section eight hundred thirty-seven of the executive law. Where the office of children and family services advises the temporary child care employment agency or child care educational and training institution that an individual has no criminal history record, no additional criminal history record check by a child day care center or a school age child care program shall be required upon placement of that individual at the child day care center or a school age child care program. For purposes of this subdivision, a "temporary child care employment agency" shall mean any entity that employs substitute child care staff to be supplied on a temporary basis to a child day care center or a school age child care program, and a "child care educational and training institution" shall mean any entity that assigns child care staff as interns or residents at a child day care center or a school age child care program.
§ 3. This act shall take effect January 1, 2020.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to background clearances for temporary child care employment agencies and child care educational and training institutions
PURPOSE::
To allow child care agencies that provide temporary employment to child care centers eligibility to access the Statewide Central Register for Child Abuse and Maltreatment.
SUMMARY OF PROVISIONS::
Section 1 of the bill amends Subdivision 3 of Section 424-a of the social services law by adding temporary employment agencies providing substitute child care staff to another provide agency, and educational and training institutions assigning child care staff as interns or resi- dents at any other provider agency to the list of provider agencies able to access the SCR.
Section 2 Requires employees of a temporary child care employment agency to be subject to the criminal history record check requirements for child care staff. These requirements include submitting fingerprint cards and other information as required by OCFS and DCJS. This section further allows OCFS to charge the temporary child care agency an a proc- essing fee as defined under the executive law. Further states that once an individual passes the background check no further requirements are necessary for placement of that individual. This section also defines temporary child care employment agency as an entity that employs substi- tute child care staff to be supplied on a temporary basis to a child care center or school age child care program. Also defines child care educational and training institution as an entity that assigns child care staff as interns or residents at a child day care center of a school age child care program
Section 3 is the effective date.
JUSTIFICATION::
Temporary child care employment agencies are currently unable to operate in the State of a New York as a result of being unable to access the Statewide Central Register for Child Abuse and Maltreatment. Individ- uals who wish to work in child care are required to undergo this back- ground check. This legislation simply seeks to give temporary child care centers the opportunity to access this register so that they could do business in the State.
It is well known that child care centers are always looking for well qualifies individuals. This legislation would allow these center s to employ child care teachers who will act as on call substitute teachers who are able to fill a staffing gap when a need arises.
LEGISLATIVE HISTORY::
New Bill.
FISCAL IMPLICATIONS:: Slight positive to the State.
EFFECTIVE DATE::
This act shall effect on January 1, 2020.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.