There is a newer version of the New York Consolidated Laws
2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 6 - (411 - 428) CHILD PROTECTIVE SERVICES
424-A - Access to information contained in the statewide central register of child abuse and maltreatment.
NY Soc Serv L § 424-A (2012) What's This?
§ 424-a. Access to information contained in the statewide central
register of child abuse and maltreatment. 1. (a) A licensing agency
shall inquire of the department and the department shall, subject to the
provisions of paragraph (e) of this subdivision, inform such agency and
the subject of the inquiry whether an applicant for a certificate,
license or permit, assistants to group family day care providers, the
director of a camp subject to the provisions of article thirteen-A,
thirteen-B or thirteen-C of the public health law, and any person over
the age of eighteen who resides in the home of a person who has applied
to become an adoptive parent or a foster parent or to operate a family
day care home or group family day care home has been or is currently the
subject of an indicated child abuse and maltreatment report on file with
the statewide central register of child abuse and maltreatment.
* (b) (i) A provider agency shall inquire of the department and the
department shall, subject to the provisions of paragraph (e) of this
subdivision, inform such agency and the subject of the inquiry whether
any person who is actively being considered for employment and who will
have the potential for regular and substantial contact with children who
are cared for by the agency, is the subject of an indicated child abuse
and maltreatment report on file with the statewide central register of
child abuse and maltreatment prior to permitting such person to have
unsupervised contact with children. Such agency may inquire of the
department and the department shall inform such agency and the subject
of the inquiry whether any person who is currently employed and who has
the potential for regular and substantial contact with children who are
cared for by such agency is the subject of an indicated child abuse and
maltreatment report on file with the statewide central register of child
abuse and maltreatment. A provider agency shall also inquire of the
department and the department shall inform such agency and the subject
of the inquiry whether any person who is employed by an individual,
corporation, partnership or association which provides goods or services
to such agency who has the potential for regular and substantial contact
with children who are cared for by the agency, is the subject of an
indicated child abuse and maltreatment report on file with the statewide
central register of child abuse and maltreatment prior to permitting
such person to have unsupervised contact with children. Inquiries made
to the department pursuant to this subparagraph by a provider agency on
current employees shall be made no more often than once in any six month
period.
(ii) A provider agency may inquire of the department and the
department shall, upon receipt of such inquiry and subject to the
provisions of paragraph (e) of this subdivision, inform such agency and
the subject of the inquiry whether any person who is to be hired as a
consultant by such agency who has the potential for regular and
substantial contact with children who are cared for by the agency is the
subject of an indicated child abuse and maltreatment report on file with
the statewide central register of child abuse and maltreatment.
(iii) A provider agency may inquire of the department and the
department shall, upon receipt of such inquiry and subject to the
provisions of paragraph (e) of this subdivision, inform such agency and
the subject of the inquiry whether any person who has volunteered his or
her services to such agency and who will have the potential for regular
and substantial contact with children who are cared for by the agency,
is the subject of an indicated child abuse and maltreatment report on
file with the statewide central register of child abuse and
maltreatment.
(iv) The department shall promulgate regulations which effectuate the
provisions of this paragraph.
* NB Effective until June 30, 2013
* (b) (i) Subject to the provisions of subdivision seven of this
section, a provider agency shall inquire of the office and the office
shall, subject to the provisions of paragraph (e) of this subdivision,
inform such agency and the subject of the inquiry whether any person who
is actively being considered for employment and who will have the
potential for regular and substantial contact with individuals who are
cared for by the agency, is the subject of an indicated child abuse and
maltreatment report on file with the statewide central register of child
abuse and maltreatment prior to permitting such person to have
unsupervised contact with such individuals. Such agency may inquire of
the office and the office shall inform such agency and the subject of
the inquiry whether any person who is currently employed and who has the
potential for regular and substantial contact with individuals who are
cared for by such agency is the subject of an indicated child abuse and
maltreatment report on file with the statewide central register of child
abuse and maltreatment. A provider agency shall also inquire of the
office and the office shall inform such agency and the subject of the
inquiry whether any person who is employed by an individual,
corporation, partnership or association which provides goods or services
to such agency who has the potential for regular and substantial contact
with individuals who are cared for by the agency, is the subject of an
indicated child abuse and maltreatment report on file with the statewide
central register of child abuse and maltreatment prior to permitting
such person to have unsupervised contact with such individuals.
Inquiries made to the office pursuant to this subparagraph by a provider
agency on current employees shall be made no more often than once in any
six month period.
(ii) A provider agency may inquire of the office and the office shall,
upon receipt of such inquiry and subject to the provisions of paragraph
(e) of this subdivision, inform such agency and the subject of the
inquiry whether any person who is to be hired as a consultant by such
agency who has the potential for regular and substantial contact with
individuals who are cared for by the agency is the subject of an
indicated child abuse and maltreatment report on file with the statewide
central register of child abuse and maltreatment.
(iii) A provider agency may inquire of the office and the office
shall, upon receipt of such inquiry and subject to the provisions of
paragraph (e) of this subdivision, inform such agency and the subject of
the inquiry whether any person who has volunteered his or her services
to such agency and who will have the potential for regular and
substantial contact with individuals who are cared for by the agency, is
the subject of an indicated child abuse and maltreatment report on file
with the statewide central register of child abuse and maltreatment.
(iv) The office shall promulgate regulations which effectuate the
provisions of this paragraph.
* NB Effective June 30, 2013
(c) An authorized agency shall inquire of the department and the
department shall inform such agency and the subject of the inquiry,
whether any person who has applied to adopt a child is the subject of an
indicated child abuse and maltreatment report on file with the statewide
central register of child abuse and maltreatment.
(d) Any person who has applied to a licensing agency for a
certificate, license or permit or who has applied to be an employee of a
provider agency or who has applied to an authorized agency to adopt a
child, or who may be hired as a consultant or used as a volunteer by a
provider agency and any other person about whom an inquiry is made to
the department pursuant to the provisions of this section shall be
notified by such agency at the time of application or prior to the time
that a person may be hired as a consultant or used as a volunteer that
the agency will or may inquire of the department whether such person is
the subject of an indicated child abuse and maltreatment report. All
employees of a provider agency shall be notified by their employers that
an inquiry may be made to the department pursuant to this section and no
such inquiry shall be made regarding any employee until such notice has
been made.
(d-1) A law enforcement agency pursuant to section eight hundred
thirty-seven-k of the executive law may inquire of the department and
the department may inform such agency and the subject of the inquiry,
whether any person who has applied for a symbol provided for in section
eight hundred thirty-seven-k of the executive law or persons residing or
regularly visiting said location are the subject of an indicated child
abuse and maltreatment report on file with the statewide central
register of child abuse and maltreatment.
(e) (i) Subject to the provisions of subparagraph (ii) of this
paragraph, the department shall inform the provider or licensing agency,
or child care resource and referral programs pursuant to subdivision six
of this section whether or not the person is the subject of an indicated
child abuse and maltreatment report only if: (a) the time for the
subject of the report to request an amendment of the record of the
report pursuant to subdivision eight of section four hundred twenty-two
has expired without any such request having been made; or (b) such
request was made within such time and a fair hearing regarding the
request has been finally determined by the commissioner and the record
of the report has not been amended to unfound the report or delete the
person as a subject of the report.
(ii) If the subject of an indicated report of child abuse or
maltreatment has not requested an amendment of the record of the report
within the time specified in subdivision eight of section four hundred
twenty-two of this title or if the subject had a fair hearing pursuant
to such section prior to January first, nineteen hundred eighty-six and
an inquiry is made to the department pursuant to this subdivision
concerning the subject of the report, the department shall, as
expeditiously as possible but within no more than ten working days of
receipt of the inquiry, determine whether, in fact, the person about
whom an inquiry is made is the subject of an indicated report. Upon
making a determination that the person about whom the inquiry is made is
the subject of an indicated report of child abuse and maltreatment, the
department shall immediately send a written request to the child
protective service or state agency which was responsible for
investigating the allegations of abuse or maltreatment for all records,
reports and other information maintained by the service or state agency
on the subject. The service or state agency shall, as expeditiously as
possible but within no more than twenty working days of receiving such
request, forward all records, reports and other information it maintains
on the indicated report to the department. The department shall, within
fifteen working days of receiving such records, reports and other
information from the child protective service or state agency, review
all records, reports and other information in its possession concerning
the subject and determine whether there is some credible evidence to
find that the subject had committed the act or acts of child abuse or
maltreatment giving rise to the indicated report.
(iii) If it is determined, after affording such service or state
agency a reasonable opportunity to present its views, that there is no
credible evidence in the record to find that the subject committed such
act or acts, the department shall amend the record to indicate that the
report was unfounded and notify the inquiring party that the person
about whom the inquiry is made is not the subject of an indicated
report. If the subject of the report had a fair hearing pursuant to
subdivision eight of section four hundred twenty-two of this title prior
to January first, nineteen hundred eighty-six and the fair hearing had
been finally determined by the commissioner and the record of the report
had not been amended to unfound the report or delete the person as a
subject of the report, then the department shall determine that there is
some credible evidence to find that the subject had committed the act or
acts of child abuse or maltreatment giving rise to the indicated report.
* (iv) If it is determined after a review by the office of children
and family services of all records, reports and information in its
possession concerning the subject of the report that there is a fair
preponderance of the evidence to find that the subject committed the act
or acts of abuse or neglect giving rise to the indicated report, the
office of children and family services shall also determine whether such
act or acts are relevant and reasonably related to issues concerning the
employment of the subject by a provider agency or the subject being
allowed to have regular and substantial contact with children cared for
by a provider agency or the approval or disapproval of an application
which has been submitted by the subject to a licensing agency, based on
guidelines developed pursuant to subdivision five of this section. If it
is determined that such act or acts are not relevant and related to such
issues, the office of children and family services shall be precluded
from informing the provider or licensing agency which made the inquiry
to the office of children and family services pursuant to this section
that the person about whom the inquiry is made is the subject of an
indicated report of child abuse or maltreatment.
* NB Effective until June 30, 2013
* (iv) If it is determined after a review by the office of all
records, reports and information in its possession concerning the
subject of the report that there is a preponderance of the evidence to
find that the subject committed the act or acts of child abuse or
maltreatment giving rise to the indicated report, the office shall also
determine whether such act or acts are relevant and reasonably related
to issues concerning the employment of the subject by a provider agency
or the subject being allowed to have regular and substantial contact
with individuals cared for by a provider agency or the approval or
disapproval of an application which has been submitted by the subject to
a licensing agency, based on guidelines developed pursuant to
subdivision five of this section. If it is determined that such act or
acts are not relevant and related to such issues, the office shall be
precluded from informing the provider or licensing agency which made the
inquiry to the office pursuant to this section that the person about
whom the inquiry is made is the subject of an indicated report of child
abuse or maltreatment.
* NB Effective June 30, 2013
(v) If it is determined after a review by the department of all
records, reports and information in its possession concerning the
subject of the report that there is some credible evidence to prove that
the subject committed the act or acts of abuse or maltreatment giving
rise to the indicated report and that such act or acts are relevant and
reasonably related to issues concerning the employment of the subject by
a provider agency or to the subject being allowed to have regular and
substantial contact with children cared for by a provider agency or the
approval or disapproval of an application which has been submitted by
the subject to a licensing agency, the department shall inform the
inquiring party that the person about whom the inquiry is made is the
subject of an indicated report of child abuse and maltreatment; the
department shall also notify the subject of the inquiry of his or her
fair hearing rights granted pursuant to paragraph (c) of subdivision two
of this section.
(f) The office of children and family services shall charge a fee of
twenty-five dollars when it conducts a search of its records within the
statewide central register for child abuse or maltreatment in accordance
with this section or regulations of the office to determine whether an
applicant for employment is the subject of an indicated child abuse or
maltreatment report including an applicant to be a child day care
provider and a request made pursuant to subdivision six of this section.
Such fees shall be deposited in a special revenue - other account and
shall be made available to the office for costs incurred in the
implementation of this section.
(g) The office shall determine actions necessary to develop an
automated search, available for the use of the office, of records at the
statewide central registry of child abuse and maltreatment.
2. * (a) Upon notification by the department or by a child care
resource and referral program in accordance with subdivision six of this
section that any person who has applied to a licensing agency for a
license, certificate or permit or who seeks to become an employee of a
provider agency, or to accept a child for adoptive placement or who will
be hired as a consultant or used as a volunteer by a provider agency, or
that any other person about whom an inquiry is made to the department
pursuant to the provisions of this section is the subject of an
indicated report the licensing or provider agency shall determine on the
basis of information it has available whether to approve such
application or retain the employee or hire the consultant or use the
volunteer or permit an employee of another person, corporation,
partnership or association to have access to the children cared for by
the provider agency, provided, however, that if such application is
approved, or such employee is retained or consultant hired or volunteer
used or person permitted to have access to the children cared for by
such agency the licensing or provider agency shall maintain a written
record, as part of the application file or employment record, of the
specific reasons why such person was determined to be appropriate to
receive a foster care or adoption placement or to provide day care
services, to be the director of a camp subject to the provisions of
article thirteen-A, thirteen-B or thirteen-C of the public health law,
to be employed, to be retained as an employee, to be hired as a
consultant, used as a volunteer or to have access to the children cared
for by the agency.
* NB Effective until June 30, 2013
* (a) Upon notification by the office or by a child care resource and
referral program in accordance with subdivision six of this section that
any person who has applied to a licensing agency for a license,
certificate or permit or who seeks to become an employee of a provider
agency, or to accept a child for adoptive placement or who will be hired
as a consultant or used as a volunteer by a provider agency, or that any
other person about whom an inquiry is made to the office pursuant to the
provisions of this section is the subject of an indicated report, the
licensing or provider agency shall determine on the basis of information
it has available whether to approve such application or retain the
employee or hire the consultant or use the volunteer or permit an
employee of another person, corporation, partnership or association to
have access to the individuals cared for by the provider agency,
provided, however, that if such application is approved, or such
employee is retained or consultant hired or volunteer used or person
permitted to have access to the children cared for by such agency the
licensing or provider agency shall maintain a written record, as part of
the application file or employment record, of the specific reasons why
such person was determined to be appropriate to receive a foster care or
adoption placement or to provide day care services, to be the director
of a camp subject to the provisions of article thirteen-A or thirteen-B
of the public health law, to be employed, to be retained as an employee,
to be hired as a consultant, used as a volunteer or to have access to
the individuals cared for by the agency.
* NB Effective June 30, 2013
(b) (i) Upon denial of such application by a licensing or a provider
agency or failure to hire the consultant or use the volunteer, or denial
of access by a person to the children cared for by the agency, such
agency shall furnish the applicant, prospective consultant, volunteer or
person who is denied access to the children cared for by the agency with
a written statement setting forth whether its denial, failure to hire or
failure to use was based, in whole or in part, on such indicated report,
and if so, its reasons for the denial or failure to hire or failure to
use.
(ii) Upon the termination of employment of an employee of a provider
agency, who is the subject of an indicated report of child abuse or
maltreatment on file with the statewide central register of child abuse
and maltreatment, the agency shall furnish the employee with a written
statement setting forth whether such termination was based, in whole or
in part, on such indicated report and, if so, the reasons for the
termination of employment.
(c) If the reasons for such denial or termination or failure to hire a
consultant or use a volunteer include the fact that the person is the
subject of an indicated child abuse or maltreatment report, such person
may request from the department within ninety days of receipt of notice
of such denial, termination, failure to hire a consultant or use a
volunteer and shall be granted a hearing in accordance with the
procedures set forth in section twenty-two of this chapter relating to
fair hearings. All hearings held pursuant to the provisions of this
subdivision shall be held within thirty days of a request for the
hearing unless the hearing is adjourned for good cause shown. Any
subsequent adjournment for good cause shown shall be granted only upon
consent of the person who requested the hearing. The hearing decision
shall be rendered not later than sixty days after the conclusion of the
hearing.
(d) At any such hearing, the sole question before the department shall
be whether the applicant, employee, prospective consultant, volunteer,
or person who was denied access to the children cared for by a provider
agency has been shown by a fair preponderance of the evidence to have
committed the act or acts of child abuse or maltreatment giving rise to
the indicated report. In such hearing, the burden of proof on the issue
of whether an act of child abuse or maltreatment was committed shall be
upon the local child protective service or the state agency which
investigated the report, as the case may be. The failure to sustain the
burden of proof at a hearing held pursuant to this section shall not
result in the expungement or unfounding of an indicated report but shall
be noted on the report maintained by the state central register and
shall preclude the department from notifying a party which subsequently
makes an inquiry to the department pursuant to this section that the
person about whom the inquiry is made is the subject of an indicated
report.
(e) Upon the failure, at the fair hearing held pursuant to this
section, to prove by a fair preponderance of the evidence that the
applicant committed the act or acts of child abuse or maltreatment
giving rise to the indicated report, the department shall notify the
provider or licensing agency which made the inquiry pursuant to this
section that it should reconsider any decision to discharge an employee,
or to deny the subject's application for employment, or to become an
adoptive parent, or for a certificate, license or permit; or not to hire
a consultant, use a volunteer, or allow access to children cared for by
the agency.
* 3. For purposes of this chapter, the term "provider" or "provider
agency" shall mean an authorized agency, the division for youth,
juvenile detention facilities subject to the certification of such
division, 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 of
mental retardation and developmental disabilities except family care
homes, licensed child day care centers, 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, school-age child care
programs, 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 and residential schools which are operated,
supervised or approved by the education department.
* NB Effective until June 30, 2013
* 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 such office, 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, licensed child day care centers, 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, school-age child care
programs, 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, 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.
* NB Effective June 30, 2013
* 4. For purposes of this chapter, the term "licensing agency" shall
mean an authorized agency which has received an application to become an
adoptive parent or an authorized agency which has received an
application for a certificate or license to receive, board or keep any
child pursuant to the provisions of section three hundred seventy-six or
three hundred seventy-seven of this article or an authorized agency
which has received an application from a relative within the second
degree or third degree of the parent of a child or a relative within the
second degree or third degree of the step-parent of a child or children,
or the child's legal guardian for approval to receive, board or keep
such child or a state or local governmental agency which receives an
application to provide child day care services in a child day care
center, school-age child care program, family day care home or group
family day care home pursuant to the provisions of section three hundred
ninety of this article, or the department of health of the city of New
York, when such department receives an application for a certificate of
approval to provide family day care pursuant to the provisions of the
health code of the city of New York, or the office of mental health or
the office of mental retardation and developmental disabilities when
such office receives an application for an operating certificate
pursuant to the provisions of the mental hygiene law to operate a family
care home which will serve children, or a state or local governmental
official who receives an application for a permit to operate a camp
which is subject to the provisions of article thirteen-A, thirteen-B or
thirteen-C of the public health law or the division for youth which has
received an application for a certificate to receive, board or keep any
child at a foster family home pursuant to articles nineteen-G and
nineteen-H of the executive law.
* NB Effective until June 30, 2013
* 4. For purposes of this section, the term "licensing agency" shall
mean an authorized agency which has received an application to become an
adoptive parent or an authorized agency which has received an
application for a certificate or license to receive, board or keep any
child pursuant to the provisions of section three hundred seventy-six or
three hundred seventy-seven of this article or an authorized agency
which has received an application from a relative within the second
degree or third degree of consanguinity of the parent of a child or a
relative within the second degree or third degree of consanguinity of
the step-parent of a child or children, or the child's legal guardian
for approval to receive, board or keep such child or a state or local
governmental agency which receives an application to provide child day
care services in a child day care center, school-age child care program,
family day care home or group family day care home pursuant to the
provisions of section three hundred ninety of this article, or the
department of health and mental hygiene of the city of New York, when
such department receives an application for a certificate of approval to
provide child day care services in a child day care center pursuant to
the provisions of the health code of the city of New York, or the office
of mental health or the office for people with developmental
disabilities when such office receives an application for an operating
certificate pursuant to the provisions of the mental hygiene law to
operate a family care home which will serve children, or a state or
local governmental official who receives an application for a permit to
operate a camp which is subject to the provisions of article thirteen-A
or thirteen-B of the public health law or the office of children and
family services which has received an application for a certificate to
receive, board or keep any child at a foster family home pursuant to
articles nineteen-G and nineteen-H of the executive law or any other
facility or provider agency, as defined in subdivision four of section
four hundred eighty-eight of this chapter, in regard to any licensing or
certification function carried out by such facility or agency.
* NB Effective June 30, 2013
* 5. (a) The department, after consultation with the division for
youth, the department of mental hygiene, the commission on quality of
care for the mentally disabled and the state education department shall
develop quidelines to be utilized by a provider agency, as defined by
subdivision three of this section, and a licensing agency, as defined by
subdivision four of this section, in evaluating persons about whom
inquiries are made to the department pursuant to this section who are
the subjects of indicated reports of child abuse and maltreatment, as
defined by subdivision four of section four hundred twelve of this
chapter.
(b) The guidelines developed pursuant to subdivision one of this
section shall not supercede similar guidelines developed by local
governmental agencies prior to January first, nineteen hundred
eighty-six.
* NB Effective until June 30, 2013
* 5. (a) The office of children and family services, after
consultation with the justice center for the protection of people with
special needs, the office of mental health, the office for people with
developmental disabilities, the office of alcoholism and substance abuse
services, the department of health, and the state education department
shall develop guidelines to be utilized by a provider agency, as defined
by subdivision three of this section, and a licensing agency, as defined
by subdivision four of this section, in evaluating persons about whom
inquiries are made to the office pursuant to this section who are the
subjects of indicated reports of child abuse and maltreatment, as
defined by subdivision four of section four hundred twelve of this
chapter.
(b) The guidelines developed pursuant to subdivision one of this
section shall not supersede similar guidelines developed by local
governmental agencies prior to January first, nineteen hundred
eighty-six.
* NB Effective June 30, 2013
* 6. A child care resource and referral program as defined in
subdivision two of section four hundred ten-p of this article may
inquire of the department and the department shall, upon receipt of such
inquiry and subject to the provisions of paragraph (e) of subdivision
one of this section, inform such program and the subject of such inquiry
whether any person who has requested and agreed to be included in a list
of substitute child day care caregivers for employment by registered or
licensed day care providers maintained by such program in accordance
with regulations promulgated by the department, is the subject of an
indicated child abuse and maltreatment report on file with the statewide
central register of child abuse and maltreatment. Inquiries made to the
department by such programs pursuant to this subdivision shall be made
no more often than once in any six month period and no less often than
once in any twelve month period. Notwithstanding any provision of law to
the contrary, a child care resource and referral program may redisclose
such information only if the purpose of such redisclosure is to respond
to a request for such information by a registered or licensed provider
and only if after an individual included in the list of substitute child
day care caregivers for employment by registered or licensed day care
providers has consented to be referred for employment to such inquiring
agency. Upon such referral, the provisions related to notice and fair
hearing rights of this section shall otherwise apply. Inquiries made
pursuant to this subdivision shall be in lieu of the inquiry
requirements set forth in paragraph (b) of subdivision one of this
section.
* NB Effective until June 30, 2013
* 6. A child care resource and referral program as defined in
subdivision two of section four hundred ten-p of this article may
inquire of the office of children and family services and the office
shall, upon receipt of such inquiry and subject to the provisions of
paragraph (e) of subdivision one of this section, inform such program
and the subject of such inquiry whether any person who has requested and
agreed to be included in a list of substitute child day care caregivers
for employment by registered or licensed day care providers maintained
by such program in accordance with regulations promulgated by the
office, is the subject of an indicated child abuse and maltreatment
report on file with the statewide central register of child abuse and
maltreatment. Inquiries made to the office by such programs pursuant to
this subdivision shall be made no more often than once in any six month
period and no less often than once in any twelve month period.
Notwithstanding any provision of law to the contrary, a child care
resource and referral program may redisclose such information only if
the purpose of such redisclosure is to respond to a request for such
information by a registered or licensed provider and only if after an
individual included in the list of substitute child day care caregivers
for employment by registered or licensed day care providers has
consented to be referred for employment to such inquiring agency. Upon
such referral, the provisions related to notice and fair hearing rights
of this section shall otherwise apply. Inquiries made pursuant to this
subdivision shall be in lieu of the inquiry requirements set forth in
paragraph (b) of subdivision one of this section.
* NB Effective June 30, 2013
* 7. Any facility, provider agency, or program that is required to
conduct an inquiry pursuant to section four hundred ninety-five of this
chapter shall first conduct the inquiry required under such section. If
the result of the inquiry under section four hundred ninety-five of this
chapter is that the person about whom the inquiry is made is on the
register of substantiated category one cases of abuse or neglect and the
facility or provider agency is required to deny the application in
accordance with article eleven of this chapter, the facility or provider
agency shall not be required to make an inquiry of the office under this
section.
* NB Effective June 30, 2013
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