[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
GENERAL REFERENCES
Aid to families with dependent children — See Ch. 281.
Day-care facilities and home care services — See Ch. 396.
Emergency shelters — See Ch. 438.
Foster care and adoptive homes — See Ch. 480.
Nursing homes — See Ch. 627.
Planned retirement communities — See Ch. 656.
Welfare — See Ch. 1180.
[Adopted 4-26-1988 by L.L. No. 14-1988 (Ch. 326, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds that the County of Suffolk, at this
time, contracts with vendors who provide homemaking services to Suffolk
County residents.
B.
This Legislature further finds that, at this time, contract homemaking
services personnel are not required to undergo checks through the
criminal justice system and the Statewide Central Register of Child
Abuse and Maltreatment.
C.
The purpose of this article is to protect the health, safety and
general welfare of all those Suffolk County residents receiving homemaking
services provided by personnel employed by contractors or vendors
under contract with the Suffolk County Department of Social Services,
Community Services Administration, by tightening the procedures for
recruiting and contracting for homemaking services personnel.
As used in this article, the following terms shall have the
meanings indicated:
Any person, company, corporation or other entity, whether
it is a proprietary or voluntary, not-for-profit agency, that is under
contract with the County of Suffolk, Community Services Administration,
to provide homemaking services.
The Suffolk County Department of Social Services, Community
Services Administration.
The delivery of services to families and individuals in their
homes in accordance with Title 18 of the Codes, Rules and Regulations
of the State of New York, Part 460.
Any individuals employed by a contractor or vendor for the
Department of Social Services, Community Services Administration,
to provide homemaking services to residents of Suffolk County.
A.
Any contractor or vendor shall be responsible for the recruitment
of appropriate personnel, the verification of credentials and references,
the review of criminal conviction information in conjunction with
the Department, the screening of all current and prospective personnel,
the selection and hiring of all personnel necessary to furnish homemaking
services and the periodic updating of such information obtained from
the implementation of this section.
B.
Methods.
(1)
Screening shall include but not be limited to the following:
(2)
Any criminal history record (CHR) reply supplied by the State of
New York Division of Criminal Justice Services shall be received and
reviewed by the Department.
(3)
Any criminal history record (CHR) provided by the Division of Criminal
Justice Services of the State of New York shall be used consistent
with the provisions of New York State Executive Law § 296.
C.
No contractor or vendor shall dismiss or permanently deny employment
to current or prospective personnel who are subjects of a pending
criminal action or determination by the State Central Register for
Child Abuse and Maltreatment. A contractor or vendor may suspend such
current personnel or defer employment decisions on the basis of such
action, pending a final disposition of the pending criminal or child
abuse or neglect action. The Department shall advise the contractor
or vendor, in writing, of any CHR reply which may preclude current
or prospective personnel from employment.
D.
As a condition of employment and continued employment, the contractor
or vendor shall obtain written consent from all current and prospective
personnel to be used under contract with the County Department of
Social Services, Community Services Administration, for fingerprinting,
criminal record review and clearance through the Statewide Central
Register of Child Abuse and Maltreatment. Denial of such consent shall
constitute grounds for dismissal or refusal to employ.
E.
Any contractor or vendor is hereby authorized and required to have
all current and prospective personnel cleared through the State Central
Register of Child Abuse and Maltreatment and fingerprinted by an appropriate
County agency or department.
F.
The Department shall require appropriate documentation from the contractor
or vendor indicating compliance with this section. The requirements
contained in this section shall be incorporated into all contracts
for homemaking services entered into by the County Department of Social
Services, Community Services Administration. Any violation of such
a condition shall constitute a material breach of the contract sufficient
to cause termination by the County.
G.
The Commissioner of the Suffolk County Department of Social Services shall be authorized to refuse to accept the services of homemaking services personnel employed and provided by a contractor or vendor in those instances in which the screening required by Subsections E and F of this section results in the finding that such personnel have been convicted of a felony or misdemeanor which, in the judgment of the Commissioner of the Department, based upon guidelines published by the State Department of Social Services, endangers the health, safety and physical and/or mental well-being of a recipient of homemaking services.
H.
The Commissioner of the Suffolk County Department of Social Services shall be authorized to refuse to accept the services of homemaking services personnel employed and provided by a contractor or vendor in those instances in which the screening required by Subsection B of this section results in a finding that such personnel have been indicated in a report of child abuse and/or maltreatment, the circumstances of which, in the judgment of the Commissioner of the Department, based upon guidelines published by the State Department of Social Services, raise the possibility that the acceptance of the services of such personnel could endanger the health, safety and physical and/or mental well-being of a recipient of homemaking services.
I.
The Commissioner of the Department shall be authorized to issue and
promulgate such rules, regulations and procedures as he/she shall
deem necessary to implement the terms and conditions of this section.
J.
Any individual will have the right to appeal (nonpublic/closed) any
disqualification based on the CHR on file with the Division of Criminal
Justice Services and challenge any data believed to be incomplete
or inaccurate by presenting documentation, which meets the Division
of Criminal Justice Services standards, to support the claim.
