NY Exec L § 837-N (2021)
2021 New York Laws EXC - Executive Article 35 - 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.