2023 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.
* NB Effective until November 16, 2024
* (a)  "Caregiver"  shall  mean a person employed to provide care to a
child or children, or an elderly or vulnerable adult in the home of such
a child, children, or elderly or vulnerable adult.
* NB Effective November 16, 2024
(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.