Criminal history information of caregivers; requirements

§ 837-n. Criminal history information of caregivers; requirements. 1.
Definitions. For the purposes of this section:

(a) "Caregiver" shall mean a person employed to provide care to a
child or children, or an elderly or vulnerable adult in the home of such
a child, children, or elderly or vulnerable adult.

(b) "Criminal history information" shall mean a record of all
convictions of crimes and any pending criminal charges maintained on an
individual by the division of criminal justice services.

2. (a) Upon request, a caregiver may provide a prospective employer
with a set of fingerprints, or two such sets of fingerprints if the
prospective employer also seeks to obtain a criminal history report from
the federal bureau of investigation, in such form and manner as shall be
specified by the division of criminal justice services, but in any
event, no less than two digit imprints. The prospective employer shall
submit the fingerprints to the division of criminal justice services for
screening, together with the prescribed processing fee, as set forth in
subdivision eight-a of section eight hundred thirty-seven of this
article and any fees associated with obtaining fingerprints under this
subdivision, provided, however, that the commissioner shall develop a
reduced fee based upon the prospective employer's ability to pay. If the
prospective employer also seeks to obtain a criminal history report from
the FBI, the required fee for such report shall also be included.

(b) Every set of fingerprints taken pursuant to this subdivision shall
be promptly submitted to the division of criminal justice services. The
division of criminal justice services shall compare such fingerprints
against the records of such division and upon request of the prospective
employer shall forward a set of such fingerprints to the federal bureau
of investigation at Washington with a request that the files of the
bureau be searched and notification of the results of such search and a
report thereon shall be made. The division of criminal justice services
shall formulate a standard criminal history information report and the
standard form for such reporting. The division of criminal justice
services shall forward such criminal history information report to the
prospective employer in a timely manner. All such reports processed and
sent to such prospective employer pursuant to this paragraph shall not
be published or in any way disclosed or redisclosed to persons other
than the prospective employer, or the prospective caregiver. Any person
who discloses or rediscloses such reports in violation of this section
shall be guilty of a class A misdemeanor.

(c) The office of children and family services shall prepare and
disseminate information to advise the public of the right to obtain the
criminal history information of a prospective caregiver. Such
information shall also include, but not be limited to, the following:

(i) the voluntary nature of the criminal history information check;

(ii) the steps necessary to use the criminal history information
check, including information on form availability, fingerprinting and
fees;

(iii) applicable confidentiality requirements; and

(iv) other information that is available to prospective employers upon
the consent of a prospective caregiver including but not limited to
department of motor vehicles records, educational records and credit
records, including, where relevant and available, phone numbers,
addresses and a description of the content and potential uses of such
records.

(d) The commissioner of the division of criminal justice services
shall promulgate all rules and regulations necessary to implement the
provisions of this section.