[HISTORY: Adopted by the Rockland County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 12-16-1997 by L.L. No. 1-1998]
A.Â
This Legislature finds and determines that to protect
the health, safety and welfare of persons receiving day-care and home-care
services, all day-care and home-care agencies operating within Rockland County
must require all their respective employees and prospective employees to be
licensed by being fingerprinted and having their criminal history record reviewed.
B.Â
This Legislature further finds and determines that the
Division of Criminal Justice Services (DCJS) requires that local laws must
contain certain elements to grant them authority to conduct fingerprinting
and criminal history record checks.
C.Â
Accordingly, the purpose of this chapter is to provide
authority for the fingerprinting and criminal history record checks of day-care-provider
and home-service-provider employees and prospective employees within Rockland
County.
A.Â
DAY-CARE
PROVIDER
PROVIDER PERSONNEL
As used in this chapter, the following terms shall have the meanings
as herein indicated:
Care for children of preschool age and primary school age in a group
facility, family home or day-care project, defined in Subdivision 9 of § 410-e
of the New York State Social Services Law, or provision of residential child
care of preschool age and primary school age. "Day care" shall not be construed
to include foster-care services or institutional placements.
Any person, corporation or other entity within Rockland County that
provides day-care or home-care services.
Any day-care and home-care employees and prospective employees within
Rockland County. "Employees" shall include management, corporate officers,
agents, volunteers, interns, public assistance recipients assigned to work
projects and auxiliary workers who come into regular, constant, routine, patterned
contact with children receiving child day-care services or persons receiving
home-care services.
B.Â
The terms herein shall have the meanings as defined in
§ 3602 of the Public Health Law and as further defined in Title
18 of the New York Codes, Rules and Regulations.
In order to obtain a license which is a condition of a provider's
eligibility to lawfully operate a day-care agency within Rockland County,
all provider personnel as defined herein shall be required to be fingerprinted
by the Rockland County Sheriffs Department for identification processing and
criminal history review through the New York State Division of Criminal Justice
Services (DCJS) in accordance with the procedures and requirements as established
by the Rockland County Sheriff as a condition of eligibility and/or continued
eligibility.
Fingerprint cards for all provider personnel shall be prepared by each
provider and forwarded to the Rockland County Sheriff's Department for
identification processing, together with any applicable processing fee to
be paid by the provider. Fingerprint cards and the applicable fee will be
forwarded to DCJS for processing. Such fingerprinting procedure shall be established
by the Rockland County Sheriff.
The criminal history records processed by DCJS concerning provider personnel
shall be submitted to the Rockland County Sheriff, or his/her departmental
designee, for review and consideration of the contents of those records and
the prohibitions on eligibility as set forth below. If the information received
indicates that there is a pending criminal offense that would require a disqualification,
the provider shall require the provider personnel to forward documentation
to the Sheriff evidencing the disposition of such offense in accordance with
the procedure established by the Sheriff. Upon a determination of disqualification,
the Sheriff shall notify the provider and the County of said determination.
Said notice to the provider shall include information regarding the right
to appeal and contest any claimed ground for disqualification in accordance
with the procedures established by the Sheriff. Any challenge to information
contained in criminal records provided by DCJS shall be conducted in accordance
with the applicable DCJS rules and regulations.
A.Â
The provider shall inquire with the Statewide Central
Registry of Child Abuse and Maltreatment as to employees and prospective employees
18 years of age or older.
B.Â
The provider shall not dismiss nor permanently deny employment
to current or prospective personnel who are subjects of a pending criminal
action. A provider may suspend such current personnel or defer employment
decisions on the basis of such action, pending a final disposition of the
pending criminal action. The Sheriff of Rockland County shall advise the provider,
in writing, of any criminal history record (CHR) reply supplied by the state
or the DCJS, which may preclude current or prospective personnel from employment.
C.Â
Any provider is hereby authorized and required to have
all current and prospective personnel fingerprinted by the Rockland County
Sheriff's Department.
D.Â
As a condition of employment and continued employment,
the provider shall obtain written consent from all current and prospective
child day-care and home-care services personnel for fingerprinting and criminal
record review. Denial of such consent shall constitute grounds for dismissal
or refusal to employ.
The Rockland County Sheriff's Department shall establish procedures and forms for the orderly administration of this chapter. Procedures shall be established which are necessary for the implementation of the process for appeal pursuant to § 227-5 of this chapter. The Sheriff's Department shall establish procedures for the periodic review of provider records to ensure compliance with this chapter throughout the providers operational period within Rockland County. The Sheriff's Department shall establish procedures pertaining to all notifications. Such notification procedures shall include but not be limited to the notification of disqualifying offenses committed by provider personnel after the completion of the initial background screening and the notification requirements pertaining to provider personnel's responsibilities to report any convictions of offenses that would disqualify him/her from being employed in any day-care or home-care agency within Rockland County.
Any provider personnel who has been convicted of the crimes, including
but not limited to those set forth herein, or convicted of any other crimes
which in the judgment of the Rockland County Sheriff endanger the health,
safety, and physical and/or mental well-being of a recipient of child day-care
or home-care services, shall result in the disqualification of a provider
from consideration for licensure within Rockland County until such time said
disqualification is rectified.
A.Â
A provider personnel shall be permanently disqualified
from being employed as such within Rockland County if that person has been
convicted of or forfeited bond or collateral which forfeiture order has not
been vacated or the subject of an order of remission upon, a violation of
§ 100.13, 105.15, 105.17, 115.08, 125.10, 125.12, 125.15, 125.25,
125.27, 130.30, 130.35, 130.40, 130.45, 130.50, 130.60, 130.65, 135.20, 135.25,
150.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 250.00, 263.05, 263.10,
264.15 or 265.04 of the New York Penal Law or any offense committed outside
New York State which would constitute a violation of the aforesaid sections
of the Penal Law had they been committed in New York State or an attempt to
commit any of the aforesaid offenses under § 110.00 of the Penal
Law, or an offense committed under a former section of the Penal Law which
would constitute a violation of the aforesaid sections of the Penal Law. However,
such disqualifications with regard to convictions upon a violation of § 125.12,
125.20, 125.25, 125.27, 130.25, 130.30, 130.35, 130.45, 130.50, 130.60, 130.65,
130.70, 135.25, or 150.20 of the Penal Law or any offense committed outside
New York State which would constitute a violation of the aforesaid sections
of the Penal Law had they been committed in New York State or any attempt
to commit any of these offenses under § 110.00 of the Penal Law
may be waived, provided that five years have expired since the applicant was
discharged or released from a sentence of imprisonment imposed pursuant to
conviction of an offense that requires disqualification under this subsection
and that the applicant shall have been granted a certificate of relief from
disabilities as provided for in § 701 of the New York State Corrections
Law. Such certificate shall only be issued by the court having jurisdiction
over such conviction and shall specifically indicate that the authority granting
such certificate has considered the bearing, if any, the criminal offense
or offenses for which the person was convicted will have on the applicant's
prospective employment as a day-care-services employee, prior to granting
such a certificate. Furthermore, such disqualification with regard to convictions
upon a violation of § 100.13, 105.15, 105.17, 115.08, 125.10, 125.15,
130.25, 130.40, 130.60, 130.65, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41,
220.43, 260.00, 263.05, 263.10, 263.15 or 265.04 of the Penal Law, or an attempt
to commit any of the aforesaid offenses under Section 110.00 of the Penal
Law, or any offenses committed outside this state which would constitute violations
of the aforesaid sections of the Penal Law, shall be waived, provided that
five years have expired since the applicant was incarcerated pursuant to a
sentence of imprisonment imposed on conviction of an offense that requires
disqualification under this subsection and that the applicant shall have been
granted a certificate of relief from disabilities as provided for in § 701
of the Corrections Law. Such certificate shall only be issued by the court
having jurisdiction over such conviction. Such certificate shall specifically
indicate that the authority granting such certificate has considered the bearing,
if any, the criminal offense or offenses for which the person was convicted
will have on the applicant's prospective employment as a day-care services
or home-care-services employee, prior to granting such a certificate.
B.Â
A provider personnel shall be disqualified for a period
of five years from the date of last conviction specified herein from being
employed as such within Rockland County if that person has been convicted
of, or forfeited bond or collateral which forfeiture order has not been vacated
or the subject of an order of remission upon, a violation of § 100.10,
105.13, 115.05, 120.03, 120.04, 120.05, 120.06, 120.07, 120.08, 120.10, 120.25,
125.13, 125.40, 125.45, 130.20, 130.25, 130.55, 135.10, 135.55, 140.17, 140.25,
140.30, 145.12, 150.10, 150.15, 155.30, 155.35, 155.40, 155.42, 160.05, 160.10,
220.05, 220.06, 220.09, 220.16, 220.31, 220.34, 220.60, 221.30, 221.50, 221.55,
230.00, 230.05, 230.06, 230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07,
235.21, 240.06, 245.00, 260.10 and Subdivision 2 of § 260.20 and
§§ 260.25, 265.02, 265.03, 265.09, 265.10, 265.12 and 265.35
of the Penal Law or an attempt to commit any of the aforesaid offenses under
§ 110.00 of the Penal Law, or any similar offenses committed under
a former section of the Penal Law which would constitute violations of the
aforesaid sections of the Penal Law. However, such disqualification shall
be waived, provided that the applicant has been granted a certificate of relief
from disabilities as provided for in § 701 of the Corrections Law.
Such certificate shall only be issued by the court having jurisdiction over
such conviction. Such certificate shall specifically indicate that the authority
granting such certificate has considered the bearing, if any, the criminal
offense or offenses for which the applicant was convicted will have on the
applicant's prospective employment as a day-care-services or home-care
services employee, prior to granting such a certificate.
