BILL NUMBER: S7006
SPONSOR: BYNOE
 
TITLE OF BILL:
An act to amend the social services law, in relation to background
clearances for temporary child care employment agencies and child care
educational and training institutions
 
PURPOSE:
To allow childcare agencies that provide temporary employment to child
care centers eligibility to access the Statewide Central Register for
Child Abuse and Maltreatment.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Subdivision 3 of Section 424-a of the
social services Law by adding temporary employment agencies providing
substitute childcare staff to another provide agency, and educational
and training institutions assigning childcare staff as in terns or resi-
dents at any other provider agency to the list of provider agencies able
to access the SCR.
Section 2 Requires employees of a temporary childcare employment agen-
cy to be subject to the criminal history record check requirements for
childcare staff. These requirements include submitting fingerprint cards
and other information as required by OCFS and DCJS. This section further
allows OCFS to charge the temporary childcare agency and a processing
fee as defined under the executive law. Further states that once an
individual passes the background check no further requirements are
necessary for placement of that individual. This section also defines
temporary childcare employment agency as an entity that employs substi-
tute childcare staff to be supplied on a temporary basis to a childcare
center or school age childcare program. Also defines childcare educa-
tional and training institution as an entity that assigns childcare
staff as interns or residents at a child day care center of a school age
childcare program
Section 3 This act shall take effect January 1, 2026.
 
JUSTIFICATION:
Temporary childcare employment agencies are currently unable to operate
in the State of a New York as a result of being unable to access the
Statewide Central Register for Child Abuse and Maltreatment. Individuals
who wish to work in childcare are required to undergo this background
check. This legislation simply seeks to give temporary childcare centers
the opportunity to access this register so that they could do business
in the State. It is well known that childcare centers are always looking
for well qualifies individuals. This legislation would allow these
centers to employ childcare teachers who will act as on call substitute
teacher who can fill a staffing gap when a need arises.
 
LEGISLATIVE HISTORY:
2019-2020 A8393 referred to children and families
2021-2022 A3388 referred to children and families
2023-2024 A1868 referred to children and families
New legislation in Senate.
 
FISCAL IMPLICATIONS:
Slight positive to the State.
 
EFFECTIVE DATE:
This act shall effect on January 1, 2026.

Statutes affected:
S7006: 424-a social services law, 424-a(3) social services law, 390-b social services law