2010 New York Code
EXC - Executive
Article 35 - (835 - 846*2) DIVISION OF CRIMINAL JUSTICE SERVICES
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  fifteen  or
  more hours of care per week to a child or children in the home of such a
  child or children.
    (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.