NY Soc Serv L § 460-H (2021)
2021 New York Laws SOS - Social Services Article 7 - Residential Care Programs for Adults and Children Title 1 - General Provisions 460-H - Review of Criminal History Information Concerning Prospective Employees, Consultants, Assistants and Volunteers of Publicly-Funded Emergency Shelters for Families With Children.

§ 460-h. Review of criminal history information concerning prospective employees,  consultants,  assistants  and  volunteers of publicly-funded emergency shelters for families with  children.  1.  Every  provider  of services   to  publicly-funded  emergency  shelters  for  families  with children, as such phrase is defined in subdivision nine of section  four hundred  twelve  of  this  chapter,  shall  request from the division of criminal justice services criminal history information, as  such  phrase is  defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive law, concerning each prospective employee, consultant, assistant or volunteer of such provider who  will  have  the potential  for  regular  and  substantial  contact with children who are served by  the  publicly-funded  emergency  shelter  for  families  with children.  (a)  Prior  to  requesting criminal history information concerning any prospective employee, consultant, assistant  or  volunteer,  a  provider shall:  (1)   inform   the  prospective  employee,  consultant,  assistant  or volunteer in writing that the provider is required to request his or her criminal history information  from  the  division  of  criminal  justice services and review such information pursuant to this section; and  (2)  obtain  the  signed informed consent of the prospective employee, consultant, assistant or volunteer on a form supplied by the division of criminal justice services which indicates that such person has:  (i) been informed of the right and  procedures  necessary  to  obtain, review and seek correction of his or her criminal history information;  (ii)  been  informed  of  the  reason  for  the request for his or her criminal history information;  (iii) consented to such request; and  (iv) supplied on the form a current mailing or home address.  (b) Upon receiving such written consent, the provider shall  obtain  a set of fingerprints of such prospective employee, consultant, assistant, or  volunteer  and provide such fingerprints to the division of criminal justice services pursuant to regulations established by the division  of criminal justice services.   2.  A  provider  shall  designate one or two persons in its employ who shall be authorized to request, receive and review the criminal  history information,  and  only  such  persons  and  the  prospective  employee, consultant,  assistant  or  volunteer  to  which  the  criminal  history information  relates  shall  have  access to such information; provided, however, the criminal history information  may  be  disclosed  to  other personnel authorized by the provider who are empowered to make decisions concerning  prospective employees, consultants, assistants or volunteers and provided further that such other personnel shall also be subject  to the  confidentiality  requirements  and  all  other  provisions  of this section. A provider shall notify each person authorized to  have  access to criminal history information pursuant to this section.   3. A provider requesting criminal history information pursuant to this section  shall  also  complete  a form developed for such purpose by the division of criminal justice services. Such form shall include  a  sworn statement  of the person designated by such provider to request, receive and review criminal history information pursuant to subdivision  two  of this section certifying that:  (a)  such  criminal  history  information will be used by the provider solely for purposes authorized by this section;  (b) the provider and its staff are aware of  and  will  abide  by  the confidentiality  requirements  and all other provisions of this section; and  (c) the persons designated by the provider to receive criminal history information pursuant to subdivision  two  of  this  section  shall  upon receipt    immediately    mark   such   criminal   history   information "confidential," and shall at all times maintain  such  criminal  history information in a secure place.   4.  Upon  receipt  of the fingerprints and sworn statement required by this section, the provider shall promptly submit the fingerprints to the division of criminal justice services.   5. The division of criminal justice services  shall  promptly  provide the requested criminal history information, if any, to the provider that transmitted   the  fingerprints  to  it.  Criminal  history  information provided by the division of criminal justice services pursuant  to  this section  shall  be  furnished only by mail or other method of secure and confidential  delivery,  addressed  to  the  requesting  provider.  Such information   and  the  envelope  in  which  it  is  enclosed  shall  be prominently marked "confidential," and shall at all times be  maintained by the provider in a secure place.   6.  Upon  receipt of criminal history information from the division of criminal justice services, the provider may request, and is entitled  to receive, information pertaining to any crime identified on such criminal history  information  from  any  state  or local law enforcement agency, district attorney, parole officer, probation officer or  court  for  the purposes of determining whether any grounds relating to such crime exist for denying an application, renewal, or employment.   7.   After   receiving   criminal   history  information  pursuant  to subdivisions  five  and  six  of  this  section  and  before  making   a determination,  the  provider  shall  provide  the prospective employee, consultant, assistant or volunteer with a copy of such criminal  history information  and  a copy of article twenty-three-A of the correction law and  inform  such  prospective  employee,  consultant,   assistant   and volunteer  of  his  or  her  right  to  seek correction of any incorrect information contained in such criminal history information  provided  by the  division  of  criminal justice services pursuant to the regulations and procedures established by the division of criminal justice  services and  the  right  of  the  prospective employee, consultant, assistant or volunteer to provide information relevant to such analysis.   8. Criminal history information obtained pursuant to subdivisions five and six  of  this  section  shall  be  considered  by  the  provider  in accordance   with  the  provisions  of  article  twenty-three-A  of  the correction law and subdivisions  fifteen  and  sixteen  of  section  two hundred ninety-six of the executive law.   9.  A  prospective  employee,  consultant,  assistant or volunteer may withdraw from the application process, without prejudice,  at  any  time regardless  of  whether  he or she, or the provider, has reviewed his or her  criminal  history  information.  Where  a   prospective   employee, consultant,  assistant  or  volunteer  withdraws  from  the  application process, any fingerprints and criminal  history  information  concerning such  prospective  employee, consultant, assistant or volunteer received by  the  provider  shall,  within  ninety  days,  be  returned  to  such prospective  employee,  consultant, assistant or volunteer by the person designated for receipt  of  criminal  history  information  pursuant  to subdivision two of this section.   10.  Any  person who willfully permits the release of any confidential criminal history information contained in  the  report  to  persons  not permitted by this section to receive such information shall be guilty of a misdemeanor.   11.  The commissioner of the division of criminal justice services, in consultation with the office of  temporary  and  disability  assistance,  shall  promulgate  all  rules and regulations necessary to implement the provisions of this section, which shall  include  convenient  procedures for  the  provider  to  promptly  verify  the  accuracy  of the reviewed criminal  history  information  and, to the extent authorized by law, to have access to relevant documents related thereto.