837-N - 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  fifteen  or  more hours of care per week to a child or children in the home of such a  child or children.    (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.