New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 901 - Mandated Reporter Requirement and Background Checks › Subpart 901-2 - CRIMINAL HISTORY INFORMATION REVIEWS › Section 901-2.3 - Submission of fingerprints by prospective employees, consultants, assistants and volunteers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 provider of services shall perform criminal history information checks of all
			 prospective employees, prospective consultants, prospective assistants and
			 prospective volunteers it seeks to hire, contract with, or otherwise utilize
			 the services of who will have the potential for, or may be permitted, regular
			 and substantial contact with children who are served by publicly-funded
			 emergency shelters for families with children.
(b) Criminal history information checks
			 required in accordance with this Subpart shall apply only to persons who are
			 prospective employees, prospective consultants, prospective assistants or
			 prospective volunteers as defined in this Subpart.
(c) The Division shall supply every provider
			 of services subject to the provisions of this Subpart with information which
			 may be utilized to facilitate compliance with this Subpart.
(d)
Fingerprint submission
			 process
. Upon receipt of an application from a prospective employee,
			 prospective consultant, prospective assistant or prospective volunteer who will
			 have the potential for, or may be permitted, regular and substantial contact
			 with children who are served by publicly-funded emergency shelters for families
			 with children, every provider of services subject to this Subpart shall:
(1) Inform the individual, in writing, that
			 the provider of services is required to request a check of his or her criminal
			 history information and assess the results of such check in accordance with
			 section 460-h  of the Social Services
			 Law;
(2) Obtain signed informed
			 consent from the subject individual on a form acceptable to the Division
			 indicating 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) been informed that the criminal history
			 information sought will include a New York state criminal history information
			 check;
(iv) consented to such
			 request for a report of his or her New York state criminal history;
(v) or has not, to the best of his or her
			 knowledge, ever been convicted of a crime in New York state or any other
			 jurisdiction other than as specified by the person on that form;
(vi) or does not have, to the best of his or
			 her knowledge, any felony or misdemeanor charges currently pending against him
			 or her that remain unresolved; and
(vii) supplied the provider of services with
			 his or her current mailing or home address.
(3) Upon receiving such consent, the provider
			 of services shall:
(i) in the form and manner
			 prescribed by the Division require the subject individual to provide
			 fingerprints to the Division; and
(ii) complete and submit a form provided by
			 the Division, such form(s) to be completed by the authorized person(s) and
			 maintained by the provider of services, and include a sworn statement from the
			 authorized person(s) attesting that:
(a) the
			 authorized person(s) identifies the name of each person for whom a criminal
			 history information check is being requested, and attests that each such person
			 is either a prospective employee, prospective consultant, prospective assistant
			 or prospective volunteer of the provider of services, and, as such, the person
			 is a subject individual, as defined in section 901-2.2  of this
			 Subpart;
(b) the authorized
			 person(s) identifies the specific duties which qualify the provider of services
			 to request a check of the subject individual's criminal history
			 information;
(c) the results of the
			 criminal history information check will be used by the provider of services
			 solely for the purposes authorized by law; and
(d) the provider of services, its agents, and
			 employees are aware of and will abide by the confidentiality requirements of
			 the Division and any applicable laws, regulations, policies and
			 procedures.
(iii)
			 maintain documentation demonstrating that the provider of services has complied
			 with paragraph (3) of this subdivision.