[Adopted 8-9-2005 by L.L. No. 20-2005 (Ch. 578 of the 1985 Code)]
A. 
This Legislature hereby finds that the County of Suffolk partially funds contracts with agencies that provide hot-line services for children who are victims of sexual abuse within the County.
B. 
This Legislature also finds and determines that the possibility exists that volunteers or employees of these agencies may take advantage of the vulnerable position that these children who are victims of sexual abuse find themselves in.
C. 
This Legislature further finds and determines that the County of Suffolk requires the fingerprinting and criminal history review of day-care facility providers, home care services providers, and bus drivers and bus driver's assistants employed in the Preschool Handicapped Children's Program.
D. 
Therefore, the purpose of this article is to require all employees and volunteers of agencies that are partially funded by the County of Suffolk and that provide hot-line services for children who are victims of sexual abuse to be fingerprinted and to have their criminal history records checked in order to protect the health, safety, morals and general welfare of those citizens of Suffolk County that utilize these services.
As used in this article, the following terms shall have the meanings indicated:
CONTRACTOR
Any person, corporation or other entity under contract with the County of Suffolk to provide hot-line services to the children who are victims of sexual abuse.
EMPLOYEE
Any employee, volunteer, intern, corporate officer, applicant for employment or any other person acting on behalf of an agency providing hot-line services to victims of sexual abuse, and who provide any manner of counseling services to children who are victims of sexual abuse.
HOT-LINE SERVICE
Any program operated by a contractor whose primary purpose is to provide nonresidential, over-the-phone counseling to children who are victims of sexual abuse.
YOUTH BUREAU
Youth Bureau/Children's Services within the Office of the County Executive.
[Amended 2-6-2007 by L.L. No. 3-2007]
A. 
Any contractor shall be responsible for the recruitment of appropriate employees, the verification of credentials and references, the review of criminal record information in conjunction with the Youth Bureau, the screening of all prospective employees, the selection and hiring of all employees necessary to furnish hot-line services and the periodic updating of such information obtained from the implementation of this section. The Director of the Youth Bureau/Children's Services is authorized, empowered, and directed to enter into agreements with New York State Division of Criminal Justice Services, or any successor agency thereto as may be necessary or appropriate to implement the requirements of this article.
B. 
Screening.
(1) 
Screening shall include, but not be limited to, the following:
(a) 
Fingerprinting;
(b) 
Review of criminal convictions and pending criminal actions in conjunction with the Youth Bureau and the contractor;
(c) 
Inquiry as to persons 18 years of age and older with the Statewide Central Register of Child Abuse and Maltreatment and review of the results of the inquiry in conjunction with the Youth Bureau and the contractor;
(d) 
Prior to allowing any new employee or volunteer to work at an agency contracted with the County of Suffolk to provide hot-line services, an inquiry shall be made to the New York State Sex Offender Registry. A completed verification form prescribed by the Youth Bureau shall be filed with the Contract Administrator at the Youth Bureau within three business days prior to the commencement of employment and shall be included as part of the facility's official record; and
(e) 
For prospective employees only, inquiry with the applicant's three most recent employers.
(2) 
Any criminal history record (CHR) reply supplied by the State of New York Division of Criminal Justice Services, upon the submission of fingerprints and the appropriate processing fee to DCJS, shall be received and reviewed by the Youth Bureau in conjunction with the contractor.
C. 
In accordance with the standards set forth in New York Correction Law, Article 23-A, the conviction of employees of a crime involving a sex offense against or involving a minor, the sale of a controlled substance to a minor, or violence against a minor shall disqualify an employee from employment with any agency contracting with the County of Suffolk to provide hot-line services to children who are victims of sexual abuse, unless the employee has been granted a certificate of relief from disabilities, a certificate of good conduct, or a similar certificate from a jurisdiction outside the State of New York. Such certificate shall be issued by the court having jurisdiction over the conviction and shall specifically indicate that the authority granting such certificate has considered the bearing, if any, the criminal offense for which the person was convicted will have on the employee's certification as an employee of a hot-line service for children who are victims of sexual abuse. The Director of the Youth Bureau/Children's Services may, on the basis of such a certificate, permit the employment, notwithstanding the aforementioned criminal conviction(s).
The Director of Suffolk County Youth Bureau/Children's Services may promulgate such rules and regulations as he/she deems necessary and appropriate for the implementation and enforcement of any provision of this article.
This article shall apply to all actions occurring on or after the effective date of this chapter.