N.Y. Executive Law § 837-n: Criminal history information of caregivers; requirements

§ 837-n. Criminal history information of caregivers; requirements. 1.

Definitions. For the purposes of this section:

(a) "Caregiver" shall mean a person employed to provide care to a

child or children, or an elderly or vulnerable adult in the home of such

a child, children, or elderly or vulnerable adult.

(b) "Criminal history information" shall mean a record of all

convictions of crimes and any pending criminal charges maintained on an

individual by the division of criminal justice services.

2. (a) Upon request, a caregiver may provide a prospective employer

with a set of fingerprints, or two such sets of fingerprints if the

prospective employer also seeks to obtain a criminal history report from

the federal bureau of investigation, in such form and manner as shall be

specified by the division of criminal justice services, but in any

event, no less than two digit imprints. The prospective employer shall

submit the fingerprints to the division of criminal justice services for

screening, together with the prescribed processing fee, as set forth in

subdivision eight-a of section eight hundred thirty-seven of this

article and any fees associated with obtaining fingerprints under this

subdivision, provided, however, that the commissioner shall develop a

reduced fee based upon the prospective employer's ability to pay. If the

prospective employer also seeks to obtain a criminal history report from

the FBI, the required fee for such report shall also be included.

(b) Every set of fingerprints taken pursuant to this subdivision shall

be promptly submitted to the division of criminal justice services. The

division of criminal justice services shall compare such fingerprints

against the records of such division and upon request of the prospective

employer shall forward a set of such fingerprints to the federal bureau

of investigation at Washington with a request that the files of the

bureau be searched and notification of the results of such search and a

report thereon shall be made. The division of criminal justice services

shall formulate a standard criminal history information report and the

standard form for such reporting. The division of criminal justice

services shall forward such criminal history information report to the

prospective employer in a timely manner. All such reports processed and

sent to such prospective employer pursuant to this paragraph shall not

be published or in any way disclosed or redisclosed to persons other

than the prospective employer, or the prospective caregiver. Any person

who discloses or rediscloses such reports in violation of this section

shall be guilty of a class A misdemeanor.

(c) The office of children and family services shall prepare and

disseminate information to advise the public of the right to obtain the

criminal history information of a prospective caregiver. Such

information shall also include, but not be limited to, the following:

(i) the voluntary nature of the criminal history information check;

(ii) the steps necessary to use the criminal history information

check, including information on form availability, fingerprinting and

fees;

(iii) applicable confidentiality requirements; and

(iv) other information that is available to prospective employers upon

the consent of a prospective caregiver including but not limited to

department of motor vehicles records, educational records and credit

records, including, where relevant and available, phone numbers,

addresses and a description of the content and potential uses of such

records.

(d) The commissioner of the division of criminal justice services

shall promulgate all rules and regulations necessary to implement the

provisions of this section.