(a) Applicability. These requirements for child abuse and criminal justice screening shall apply to any person who has, will have, or has the potential for unsupervised contact with children in a program, and shall include, but not be limited to: individual owners, permittees, partners, members and shareholders of corporations, limited liability companies or other entities who are the owners or operators of the program; educational, child supervision, administrative and maintenance employees; employees who are school bus drivers or who are assigned to accompany children during transportation to and from the program; volunteers, including parent volunteers and student teachers, trainees or observers; and consultants and other persons employed by persons, corporations, partnerships, associations or other entities providing services to the program. Employees of independent contractors providing maintenance, construction, transportation, food or any other goods or services to a program shall be screened in accordance with this section, or shall be prohibited from working in any area, vehicle or facility owned, occupied or used by the program unless such person is working under the direct supervision and within the line of sight of a screened employee of the program. These requirements shall not apply to persons authorized by parents to escort or transport children to and from programs where the parents have privately arranged for such escort or transportation.
(b) Pre-employment verification. A permittee shall obtain and verify credentials, including certificates and educational transcripts, as applicable, and references prior to employment of all persons listed in subdivision (a) of this section. All such documents, along with any English language translations required pursuant to 24 RCNY Health Code § 47.13(a), shall be kept on site and made available to the Department upon request.
(c) Screening. The permittee shall not permit any employee or individual in any other capacity specified in 24 RCNY Health Code § 47.19(a) to begin work in any area, vehicle, or facility owned, occupied, or used by the program until either:
(1) the following, arranged by the permittee, have been completed: (a) fingerprinting, and receipt and review of records of criminal convictions and pending criminal actions, and (b) receipt and review of report from the Statewide Central Register of Child Abuse and Maltreatment (hereinafter "SCR"), and either:
(A) the results of the screenings are satisfactory; or
(B) if any of the results of the screenings are unsatisfactory, the permittee has received approval of a corrective action plan submitted pursuant to 24 RCNY Health Code § 47.21; or
(C) the permittee has ensured that the individual must be continuously supervised by a satisfactorily screened staff member with authority to intervene in the actions of such individual. For all employees, the permittee must request a new report from the SCR every 2 years. All documents obtained in accordance with the requirements of this section, along with any required English language translations, must be kept on site and made available to the Department upon request.
(d) Individual consent. A permittee shall obtain written consent from each such person for fingerprinting and criminal record review, and shall provide written notice to such persons that there will be an inquiry submitted to the SCR, pursuant to Social Services Law § 424-a(1), or successor law, and that copies of the reports received by the permittee as a result of such review and screening shall be provided to the Department.
(e) Refusal to consent. A permittee shall not hire or retain as an employee, or otherwise allow on its premises any person who is required to have, but refuses to consent to, fingerprinting and criminal record review. To the extent consistent with Article 23-A of the New York State Correction Law, the permittee shall not hire or retain any person who has a record of criminal convictions or arrests, except as provided in subdivision (h) of this section.
(f) Employee to notify permittee. Permittees shall require all employees to have criminal justice and child abuse screening and to notify the permittee immediately or as soon thereafter as possible upon being arrested, and immediately upon receiving notice of the filing of an allegation of child abuse, maltreatment, neglect, or other inappropriate behavior that could threaten the welfare of a child.
(g) Reports to the Department. Permittees shall notify the Department within 24 hours when they have received an indicated report from the SCR; an employee report that an allegation has been filed against the employee; or a record or report of criminal conviction(s), pending criminal action, or when they learn or should have learned of an arrest or criminal charge for any misdemeanor or felony for any person required to have a criminal record review or SCR screening. Permittees must also notify the Department within 24 hours whenever a child attending a program has been seriously injured, has died, or a child in their care or supervision has been unaccounted for, left behind at any location outside the child's assigned classroom or where supervision has not been maintained in the manner required by this Code for any period of time while in the care of the permittee.
(h) Actions required. To the extent consistent with Article 23-A of the New York State Correction Law, and except where the permittee has submitted and obtained Department approval of a corrective action plan in accordance with 24 RCNY Health Code § 47.21:
(1) A permittee shall not hire, retain, utilize or contract for the services of a person who:
(A) Has been convicted of a felony at any time, or who has been convicted of a misdemeanor within the preceding ten years; or
(B) Has been arrested and charged with any felony or misdemeanor, and where there has been no disposition of the criminal matter; or
(C) Is the subject of an indicated child abuse and maltreatment report, in accordance with a determination made after a fair hearing, pursuant to § 422(8) of the Social Services Law.
(2) A permittee shall not dismiss or permanently deny employment to current and prospective staff solely because they are defendants in pending criminal actions, but may suspend current employees or defer employment decisions on prospective employees until disposition of the pending criminal action.
(3) A permittee shall prohibit unsupervised contact with children by any person who has not received screening clearance for criminal convictions or by the SCR, or as specified in paragraph (1) of this subdivision.
(i) References. For all prospective staff, the permittee shall make a written inquiry to an applicant's three most recent employers and shall obtain three references prior to hiring. If prospective staff have not had three prior employers, references may be accepted from persons who are not family members and who state, in writing, that the applicant is well-known to them as a student, volunteer, or other stated capacity, and that the applicant is suited by character, fitness, and ability to work with children. Such documentation shall be kept on site and made available to the Department upon request.
(j) Services for certain children. Permittees must allow access to children receiving assessments and services of professional consultants retained by Early Intervention program providers or New York City Department of Education committees on preschool special education, or successor programs, without requiring proof of consultants' fingerprinting, SCR clearances or references.
(Amended City Record 9/20/2016, eff. 10/20/2016; amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018; amended City Record 12/26/2019, eff. 1/25/2020)