[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:
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.
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.
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/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.
