BILL NUMBER: S8982
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the executive law, in relation to the definition of
caregiver for purposes of authorizing criminal history checks
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would expand the ability for certain employers to request a
caregiver to provide fingerprints for the purposes of a background
check.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill relates to changing the definition of a caregiver
for the purpose of authorizing a criminal background check.
Section 2 of the bill relates to the effective date.
 
JUSTIFICATION:
Currently, employers of caregivers of children where the care takes
place in their home at more than 15 hours per week are entitled to
request fingerprints from the prospective employee for the purposes of a
criminal history check. This allows parents who hire a babysitter or
caregiver to watch their children the assurance of receiving a criminal
background check to ensure their children are safe under the care of
someone else. The prospective caregiver must consent to the fingerprint-
ing and there are provisions in law that protect the caregiver's priva-
cy.
This bill removes the arbitrary hours of caregiving of 15 hours per week
that allows an employee to request fingerprints. By eliminating the hour
threshold, parents can request fingerprints for a caregiver regardless
of whether they provide 3, 5 or 15 hours of care for children in the
home per week.
 
LEGISLATIVE HISTORY:
A.10404 of 2021-22.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8982: 837-n executive law, 837-n(1) executive law