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 901-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Subpart, unless expressly stated
			   otherwise, the following definitions apply:
(a) "Authorized person" means any person
			 designated by a provider of services and authorized to request, receive and
			 check criminal history information in accordance with this Subpart.
(b) "Criminal history information " means a
			 record of pending criminal charges, criminal convictions which are not vacated
			 or reversed, and certificates filed pursuant to subdivision (2) of section 705  of
			 the Correction Law, and which the New York State Division of Criminal Justice
			 Services is authorized to maintain pursuant to subdivision (6) of section 837  of the Executive Law.
(c) "Division " means the New York State
			 Division of Criminal Justice Services.
(d) "Facility," as set forth in subdivision
			 (k) of this section, provides shelter to families with children receiving
			 temporary housing assistance and receiving services from the operator or
			 provider, or a social services district in instances where the social services
			 district directly operates the facility, or a contractor on behalf of the
			 operator or provider or such social services district, which provides any of
			 the following: meals, supervision, assessment services, permanent housing
			 preparation services, recreational services, information and referral services,
			 health services, or child-care services.
(e) "Office " means the New York State Office
			 of Temporary and Disability Assistance.
(f) "Prospective assistant" means any person
			 who has applied to be utilized by the provider of services, in assisting any of
			 the foregoing in any manner in the provision of such services who will have the
			 potential for, or may be permitted, regular and substantial contact with
			 children who are served by the publicly-funded emergency shelter for families
			 with children.
(g) "Prospective
			 consultant" means any person who has applied to be utilized by the provider of
			 services, including, but not limited to, in the capacity of providing
			 consultation and/or advice, who will have the potential for, or may be
			 permitted, regular and substantial contact with children who are served by the
			 publicly-funded emergency shelter for families with children.
(h) "Prospective employee " means any person
			 who has applied to be employed or utilized by the provider of services who will
			 have the potential for, or may be permitted, regular and substantial contact
			 with children who are served by the publicly-funded emergency shelter for
			 families with children.
(i)
			 "Prospective volunteer" means a person who has applied to participate in
			 activities with or for the benefit of persons receiving services from a
			 provider of services, under the supervision of staff or management of such
			 provider, for which he or she receives no salary or remuneration, who will have
			 the potential for, or may be permitted, regular and substantial contact with
			 children who are served by the publicly-funded emergency shelter for families
			 with children.
(j) "Provider of
			 services " means a provider of services to a publicly-funded shelter for
			 families with children which is expressly required to request a check of
			 criminal history information pursuant to section 460-h  of the Social Services Law and this
			 Subpart.
(k) "Publicly-funded
			 emergency shelter for families with children" means any facility, as defined in
			 this Subpart, with overnight sleeping accommodations and that is used to house
			 recipients of temporary housing assistance and which houses or may house
			 children and families with children, except residential programs for victims of
			 domestic violence licensed by the New York State Office of Children and Family
			 Services.
(l) "Subject individual"
			 means a person whose criminal history information is required to be checked by
			 a provider of services pursuant to section 460-h  of the Social Services Law and this
			 Subpart.
(m) "Supervising social
			 services district" means the social services district in which the
			 publicly-funded emergency shelter for families with children is
			 located.