2023 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.