[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
Social Services Department — See Chs. 221 and 1127.
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.
ATTACHMENTS
519a Uncod LL Pro
[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:
CONTRACTOR or VENDOR
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.
DEPARTMENT
The Suffolk County Department of Social Services, Community Services Administration.
HOMEMAKING SERVICES
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.
PERSONNEL or HOMEMAKERS or FAMILY CARE AIDES
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:
(a) 
Fingerprinting.
(b) 
Review of criminal convictions and pending criminal actions with the Department.
(c) 
Inquiry with the Statewide Central Register of Child Abuse and Maltreatment and review of the results of this inquiry with the Department.
(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.