2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 6 - Child Protective Services › 424-A - Access to Information Contained in the Statewide Central Register of Child Abuse and Maltreatment.

§  424-a.  Access  to  information  contained in the statewide central
register of child abuse and maltreatment. 1.  (a) (i) 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, the director of a camp subject to the  provisions  of
article  thirteen-B  of  the  public health law, a prospective successor
guardian when a clearance is conducted  pursuant  to  paragraph  (d)  of
subdivision  two  of section four hundred fifty-eight-b of this article,
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 any person over the age  of  eighteen  residing  in  the  home  of  a
prospective  successor  guardian  when  a  clearance  is  conducted of a
prospective successor guardian pursuant to this paragraph, 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.
(ii)  A  licensing  agency  shall  inquire  of  the  office whether an
applicant for a certificate, license or permit to operate a  child  care
program  including  a  family day care home, group family day care home,
child care center, school age child care program,  or  enrolled  legally
exempt provider or an employee, volunteer or applicant to be an employee
or  volunteer  in  such  program  who  has  potential  for  regular  and
substantial contact with children  in  the  program,  is  the  confirmed
subject  of  an indicated child abuse report maintained by the statewide
central register of child  abuse  and  maltreatment.  The  office  shall
promulgate  regulations  related  to  the process by which providers and
applicants will be informed  whether  the  applicant  is  authorized  or
unauthorized to care for children based on the outcome of such inquiry.
(iii)  A  licensing  agency  shall  inquire  of the office whether any
person age eighteen or older who is  not  related  in  any  way  to  all
children for whom care is provided that resides on the premises of where
child  care is provided in a setting that is not the child's own home by
an  enrolled  legally-exempt  provider  as  such  term  is  defined   in
subdivision  one-a  of section three hundred ninety-b of this chapter is
the confirmed subject of an indicated child abuse report  maintained  by
the  statewide  central  register  of  child abuse and maltreatment. The
office shall promulgate regulations related  to  the  process  by  which
providers  and  applicants  will  be  informed  whether the applicant is
authorized or unauthorized to care for children based on the outcome  of
such inquiry.
(iv) A licensing agency conducting inquiries pursuant to subparagraphs
(ii)  and  (iii) of this paragraph may inquire of the office 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. The office shall promulgate regulations related
to the process by  which  providers  and  applicants  will  be  informed
whether the applicant is authorized or unauthorized to care for children
based on the outcome of such inquiry.
(v)  A licensing agency conducting inquiries pursuant to subparagraphs
(ii) and (iii) or this paragraph may inquire of the office  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.  The  office  shall

promulgate  regulations  related  to  the process by which providers and
applicants will be informed  whether  the  applicant  is  authorized  or
unauthorized to care for children based on the outcome of such inquiry.
(b)  (i)  (A)  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.
(B)  Notwithstanding  clause  (A)  of  this  subparagraph,  where  the
provider  agency  is  an  authorized  agency that operates a residential
program for foster children that is licensed or certified by the  office
of  children and family services such 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:
(I) any person who is actively being considered for employment in such
program who is not already required to be cleared pursuant to clause (A)
of this subparagraph is the subject of  an  indicated  child  abuse  and
maltreatment report on file with the statewide central register of child
abuse and maltreatment; and
(II) Notwithstanding any other provision of law to the contrary, prior
to  April  first,  two thousand twenty and in accordance with a schedule
developed by the office of children and  family  services,  whether  any
person who is employed in a residential foster care program that has not
previously  had  a  clearance conducted pursuant to this subparagraph in
connection to such employment is the subject of an indicated child abuse
and maltreatment report on file with the statewide central  register  of
child abuse and maltreatment.
(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.
(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  office of children and family services 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) (I) 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
(II) 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; and
(B)  (I)  the  person  is  the subject of an indicated report of child
abuse; or
(II) the person is not the subject of an  indicated  report  of  child
abuse  and  is  the  subject of a report of child maltreatment where the
indication for child maltreatment occurred within less than eight  years
from the date of the inquiry.
(ii)  If  the  subject  of  an  indicated  report  of  child  abuse or
maltreatment has not requested an amendment of the record of the  report
and  an  inquiry  is  made to the office of children and family services
pursuant to this subdivision concerning the subject of the report,  such
office  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   office  of  children  and  family  services  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  office  of  children  and  family services, including a copy of any
petition or court order based on the allegations  that  were  indicated.
Where  a  proceeding  pursuant to article ten of the family court act is
pending based on the same allegations that were indicated, the office of
children and family services shall stay determination of  whether  there
is  a fair preponderance of the evidence to support the indication until
the  disposition  of  such  family   court   proceeding.   Unless   such
determination  has  been  stayed,  the  office  of  children  and family
services 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 a  fair
preponderance of the 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 not
a fair preponderance of the evidence in the  record  to  find  that  the
subject  committed  such  act or acts, the office of children and family
services 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.
(iv) (A) 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.
(B) Where the subject  of  the  report  is  not  the  subject  of  any
indicated  report of child abuse and is the subject of a report of child

maltreatment where the indication for child maltreatment  occurred  more
than  eight  years prior to the date of the inquiry, any such indication
of child maltreatment shall be deemed to be not relevant and  reasonably
related to employment.
(v)  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 prove that the  subject  committed  the
act or acts of abuse or maltreatment giving rise to the indicated report
the  office  of children and family services shall notify the subject of
the determination of such report and of the subject's right to request a
fair hearing. If the subject shall request  a  hearing,  the  office  of
children  and  family  services  shall schedule a fair hearing and shall
provide notice of  the  scheduled  hearing  date  to  the  subject,  the
statewide  central register and, as appropriate, to the child protective
service which investigated such report.
(vi) The burden of proof in such a  hearing  shall  be  on  the  child
protective  service  which  investigated  the report. In such a hearing,
where a family court proceeding pursuant to article ten  of  the  family
court  act  has  occurred  and  where  the  petition for such proceeding
alleges  that  a  respondent  in  that  proceeding  committed  abuse  or
maltreatment  against  the  subject  child  in  regard  to an allegation
contained in a report indicated pursuant to this section: (A) where  the
court  finds that such respondent did commit abuse or maltreatment there
shall be an irrebuttable presumption in a fair hearing held pursuant  to
this  subdivision  that  said  allegation  is  substantiated  by  a fair
preponderance of the evidence as to that respondent on that  allegation;
and (B) where such child protective service withdraws such petition with
prejudice,  where the family court dismisses such petition, or where the
family court finds on the merits in favor of the respondent, there shall
be an irrebuttable presumption in a fair hearing held pursuant  to  this
subdivision  that  said  allegation  as  to that respondent has not been
proven by a fair preponderance of the evidence.
(vii) If it shall be determined at the fair hearing that there  is  no
fair  preponderance  of  the  evidence  in  the  record to find that the
subject committed an act or acts of child  abuse  or  maltreatment,  the
office of children and family services shall amend the record as to that
respondent on that allegation to reflect that such a finding was made at
the  administrative  hearing,  order  any child protective service which
investigated the report as to that respondent  to  similarly  amend  its
records  of  such  report,  notify the subject of the determination, and
notify the inquiring party that the person about whom such  inquiry  was
made is not the subject of an indicated report on that allegation.
(viii)  Upon  a determination at the fair hearing that the subject 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,  the  hearing  officer  shall  determine,  based   on
guidelines  developed  by  the  office  of  children and family services
pursuant to subdivision five of this section, whether such act  or  acts
are relevant and reasonably related to the subject being allowed to have
regular  and  substantial  contact  with children who are cared for by a
provider agency as defined in subdivision  three  of  this  section,  or
relevant  and  reasonably  related  to the approval or disapproval of an
application submitted by the subject to a licensing agency as defined in
subdivision four of this section.
(ix) Upon a determination made at a fair hearing that the act or  acts
of  abuse  or  maltreatment  are  relevant and reasonably related to the
employment of the subject by a provider agency as defined in subdivision

three of this section, the subject being allowed  to  have  regular  and
substantial contact with children who are cared for by a provider agency
as  defined  in  subdivision  three  of  this  section,  or relevant and
reasonably  related  to  the  approval  or disapproval of an application
submitted by the subject to a licensing agency as defined in subdivision
four of this section, the office of children and family  services  shall
notify  the subject and shall inform the inquiring party that the person
about whom such inquiry was made is the subject of an  indicated  report
of child abuse or maltreatment.
(x)  The failure to determine at the fair hearing that the act or acts
of abuse or maltreatment are relevant  and  reasonably  related  to  the
employment of the subject by a provider agency as defined in subdivision
three  of  this  section,  the subject being allowed to have regular and
substantial contact with children who are cared for by a provider agency
as defined in  subdivision  three  of  this  section,  or  relevant  and
reasonably  related  to  the  approval  or disapproval of an application
submitted by the subject to a licensing agency as defined in subdivision
four of this section, shall preclude the office of children  and  family
services  from  informing  a  provider  agency as defined in subdivision
three of this section or licensing agency as defined in subdivision four
of this section that such person is the subject of an  indicated  report
of child abuse or maltreatment on that allegation.
(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 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-B of the public
health law, to be approved as a successor guardian  in  accordance  with
subparagraph  (ii)  of paragraph (b) of subdivision five of section four

hundred fifty-eight-b of this article, 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.
(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,  or
failure  to approve a successor guardian in accordance with subparagraph
(ii) of paragraph (b)  of  subdivision  five  of  section  four  hundred
fifty-eight-b  of this article, 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 or failure to approve a successor guardian
in accordance with subparagraph (ii) of  paragraph  (b)  of  subdivision
five  of  section four hundred fifty-eight-b of this article 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,
prospective  successor  guardian  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  to  become  a  successor  guardian,  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 section,  the  term  "provider"  or  "provider
agency"  shall  mean:  an  authorized agency; the office of children and
family services; a private, nonprofit incorporated agency that meets the
state office of children and family services program standards for child
advocacy  centers;  juvenile  detention  facilities   subject   to   the
certification  of  the  office of children and family services; 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; 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; 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; health homes, or any subcontractor of such
health homes, who contracts with or is approved or otherwise  authorized
by the department of health to provide health home services to all those
enrolled  pursuant  to  a  diagnosis  of  a  developmental disability as
defined in subdivision twenty-two of section 1.03 of the mental  hygiene
law  and  enrollees  who are under twenty-one years of age under section
three hundred sixty-five-l of this chapter, or any entity that  provides
home  and community based services to enrollees who are under twenty-one
years of age under a demonstration program pursuant  to  section  eleven
hundred  fifteen  of  the  federal  social security act; publicly-funded
emergency shelters for families with children,  provided,  however,  for
purposes  of  this  section,  when  the provider or provider agency is a
publicly-funded emergency shelter for families with children,  then  all
references in this section to the "potential for regular and substantial
contact with individuals who are cared for by the agency" shall mean the
potential  for  regular  and  substantial  contact with children who are
served by such shelter; 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.
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  an  authorized
agency   that   conducts  a  clearance  pursuant  to  paragraph  (d)  of
subdivision two of section four hundred fifty-eight-b of  this  article,

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
or   enrolled  legally-exempt  provider  as  such  term  is  defined  in
subdivision one-a of section three  hundred  ninety-b  of  this  article
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,  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-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.
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.
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.
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.