[Amended 8-15-1989 by L.L. No. 31-1989]
A. This Legislature hereby finds that the County of Suffolk partially
funds contracts with agencies in the County providing day-care services
and home-care services to Suffolk County residents.
B. This Legislature further finds that recent investigations in private
schools in the State of California and the State of Minnesota, together
with publicly funded day-care centers in the City of New York and
surrounding communities, have uncovered widespread incidents of sexual
abuse of young children enrolled in such facilities and receiving
day-care services. This Legislature further finds that there have
been incidents of abuse to persons at home receiving home-care services
in surrounding communities.
C. The purpose of this chapter is to protect the health, safety, morals
and general welfare of minors enrolled in municipally funded day-care
centers and persons at home receiving home-care services by tightening
the procedures for recruiting personnel.
As used in this chapter, the following terms shall have the
meanings indicated:
CONTRACTOR
Any person, corporation or other entity under contract with
the County of Suffolk to provide child day-care services or home-care
services.
DAY-CARE
Care for children of preschool age and primary school age
in a group facility, family home or day-care project, defined in Subdivision
9 of § 410-e of the New York Social Services Law, or provision
of residential child care for children of preschool age and primary
school age. "Day care" shall not be construed to include foster care
services or institutional placements.
DEPARTMENT
The Suffolk County Department of Social Services.
HOME CARE SERVICES
A.
One or more of the following services provided to persons at
home:
(1)
Those services provided by a home-care services agency.
(2)
Home health aide services.
(5)
Housekeeper or chore services.
B.
The terms herein shall have the meanings as defined in § 3602
of the Public Health Law and as further defined in Title 18, Subsections
505.14 and 505.23, of the New York Codes, Rules and Regulations.
PERSONNEL
Any day-care employees and family day-care proprietors and
members of their households; any home-care services employees and
home-care services proprietors. "Employees" shall include management,
corporate officers, volunteers, interns, public assistance recipients
assigned to work projects (including but not limited to workers under
the Public Works Program, the Community Work Experience Program and
the Work Incentive Program) and auxiliary workers who come into regular,
constant, routine, patterned contact with children receiving child
day-care services or persons receiving home-care services.
[Amended 7-9-1985 by L.L. No. 24-1985; 6-10-1986 by L.L. No.
16-1986; 8-15-1989 by L.L. No. 31-1989; 8-10-2004 by L.L. No.
23-2004]
A. Any contractor shall be responsible for the recruitment of appropriate
personnel, the verification of credentials and references, the review
of criminal record information in conjunction with the Department
of Social Services or, with regard to home-care services, the Department
of Health Services, the screening of all current and prospective personnel,
the selection and hiring of all personnel necessary to furnish child
day-care services and home-care services, respectively, and the periodic
updating of such information obtained from the implementation of this
section.
B. Screening.
(1) Screening shall include, but not be limited to, the following:
(b)
Review of criminal convictions and pending criminal actions
in conjunction with the Department of Social Services or, with regard
to home-care services, the Department of Health Services.
(c)
Inquiry as to persons 18 years of age and older with the Statewide
Central Register of Child Abuse and Maltreatment.
(d)
Prior to allowing any new employee or volunteer to work at a
day-care facility contracted with the County of Suffolk, an inquiry
shall be made to the New York State Sex Offender Registry. A completed
verification form prescribed by the Department shall be filed with
the Contract Administrator at the Suffolk County Department of Social
Services within three business days prior to the commencement of employment
and shall be included as part of the facility's official record.
(e)
For prospective personnel only, inquiry with the applicant's
three most recent employers. For the purpose of providing residential
child-care or home-care services, "applicant" shall be limited to
personnel actually providing the child-care services in the home or
home-care services in the home.
(2) Any criminal history record (CHR) reply supplied by the state or
New York Division of Criminal Justice Services shall be received and
reviewed by the Department of Social Services or the Department of
Health Services, whichever is appropriate.
C. No contractor shall dismiss or permanently deny employment to current
or prospective personnel who are subjects of a pending criminal action.
A contractor may suspend such current personnel or defer employment
decisions on the basis of such action, pending a final disposition
of the pending criminal action. The Department of Social Services
or the Department of Health Services, whichever is applicable, shall
advise the contractor, in writing, of any CHR reply which may preclude
current or prospective personnel from employment.
D. Any contractor is hereby authorized and required to have all current
and prospective personnel fingerprinted by an appropriate County agency
or department.
E. As a condition of employment and continued employment, the contractor
shall obtain written consent from all current and prospective child
day-care services and home-care services personnel for fingerprinting
and criminal record review. Denial of such consent shall constitute
grounds for dismissal or refusal to employ.
F. The Departments herein shall require appropriate documentation from
the contractor, indicating compliance with this section. The requirements
contained in this section shall be incorporated into all contracts
for child day-care services and home-care services entered into by
the County of Suffolk. 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 Department of Social Services shall require termination of child day-care services personnel and the Commissioner of the Department of Health Services shall require termination of home-care services personnel in instances in which the screening required by Subsection
B of this section results in a finding that such personnel have been convicted of a felony or misdemeanor which, in the judgment of the Commissioner of the respective department, endangers the health, safety and physical and/or mental well-being of a recipient of child day-care services or a recipient of home-care services.
H. The Commissioner of the respective Department shall issue, promulgate
and adopt such rules and regulations as he or she shall deem necessary
and sufficient to carry out and implement the terms and conditions
of this chapter with respect to day-care services and home-care services,
respectively, including transitional rules to cover the initial 180
days immediately subsequent to the effective date of this chapter.
[Added 9-12-2000 by L.L. No. 24-2000]
A. Membership.
(1) The Fingerprint Implementation Committee (hereinafter the "Committee")
is hereby established and consists of the following members:
(a)
Commissioner of Social Services or designee.
(b)
Commissioner of Health Services or designee.
(c)
Commissioner of Police or designee.
(d)
District Attorney or designee.
(e)
A representative of a trade or other association whose members employ personnel covered by the provisions of Chapter
396 of the Suffolk County Code to be appointed by the County Executive.
(f)
A representative of a trade or other association whose members employ personnel covered by the provisions of Chapter
396 of the Suffolk County Code to be appointed by the Legislature by duly enacted resolution.
(2) The Chairman of the Committee shall be the Commissioner of Social
Services or designee.
B. Within 120 days of the effective date of this section, the Committee
shall have its first meeting.
C. The Committee shall:
(1) Meet regularly according to a schedule and at such locations as shall
be determined by a majority vote of the Committee.
(2) Identify, investigate and recommend one or more solutions to the
impediments of implementing this chapter as it pertains to home-care
services personnel. The recommendations of the Committee shall be
approved by a majority vote of its members. Upon adoption of the Committee's
recommendations, the Chairman shall forward copies to the Legislature
and the County Executive.
[Added 9-12-2000 by L.L. No. 24-2000]
Notwithstanding anything to the contrary contained in this chapter,
on the day that federal or state legislation goes into effect incorporating
the same or substantially similar provisions as are contained in this
chapter, or in the event that a pertinent federal or state administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk or which incorporate the same or substantially
similar provisions as are contained in this chapter, or if same go
into effect prior to the effective date of this section, the provisions
of this chapter that are affected by such federal or state legislation
or regulations shall be null and void.
[Added 9-12-2000 by L.L. No. 24-2000]
Implementation of this chapter as it pertains to home-care services personnel is suspended until such time as the recommendations of the Fingerprint Implementation Committee, established pursuant to §
396-4, are adopted into law.