N.Y. Penal Law § 260.35: Misrepresentation by, or on behalf of, a caregiver for a child or children

§ 260.35 Misrepresentation by, or on behalf of, a caregiver for a child

or children.

1. A person is guilty of misrepresentation by, or on behalf of, a

caregiver for a child or children when he or she:

(a) intentionally makes a false written statement about himself,

herself, or another person while he or she, or such other person, is

being considered for employment, or while under employment as a

caregiver to a parent or guardian of a child or children, or the agent

of a parent or guardian, and

(b) such statement contains a materially false representation

regarding the caregiver's background related to the ability to safely

care for a child or children, and

(c) a reasonable person would have relied upon such statement in

making an employment decision.

2. For the purposes of this section, "caregiver" shall mean a person

employed by or being considered for employment to provide fifteen or

more hours of care per week to a child or children in the home of such

child or children or in the home of such caregiver, provided that such

term shall not apply to a child day care provider required to be

licensed pursuant to the social services law.

Misrepresentation by, or on behalf of, a caregiver for a child or

children is a class A misdemeanor, provided, however, that if any

sentence of imprisonment is imposed for a conviction under this section,

term of imprisonment shall not exceed six months.