N.Y. Executive Law Section 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. * NB Effective until November 16, 2024 * (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. * NB Effective November 16, 2024 (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 § 837 (Functions, powers and duties of division)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.

Source: Section 837-N — Criminal history information of caregivers; requirements, https://www.­nysenate.­gov/legislation/laws/EXC/837-N (updated Nov. 17, 2023; accessed May 4, 2024).

835
Definitions 836
Division of criminal justice services 837
Functions, powers and duties of division 837‑A
Additional functions, powers and duties of the division 837‑B
Duties of courts and peace officers 837‑C
Processing requests submitted by police departments 837‑D
Soft body ballistic armor vests for police officers 837‑E
Statewide central register for missing children 837‑F
Missing and exploited children clearinghouse 837‑F‑1
Missing vulnerable adults clearinghouse 837‑F‑2
Missing adults 837‑G
Livery vehicle safety training program establishment 837‑H
Livery vehicle safety training program 837‑I
Uniform parking ticket 837‑J
Parking violations enforcement and disposition program 837‑K
Safe house for children 837‑L
Capital prosecution extraordinary assistance program 837‑M
Reporting duties of law enforcement departments with respect to missing children and vulnerable adults 837‑M*2
Criminal history records search for certain employment, appointments, licenses or permits in the city of New York 837‑N
Criminal history information of caregivers 837‑O
Search for arson and sex offense conviction records of volunteer firefighter applicants 837‑P
Criminal history records search for certain licenses and registrations in the county of Westchester 837‑Q
Payments to Westchester county for policing special parkways 837‑R
Office of sex offender management 837‑S
Search for sex offense conviction records of emergency medical technician and other first responder applicants 837‑T
Use of force reporting 837‑U
The division of criminal justice services, in conjunction with the chief administrator of the courts, shall collect data and report annua... 837‑V
Report of discharge of weapon 837‑V*2
Reporting duties of law enforcement departments with respect to arrest-related deaths 837‑W
Technological viability of microstamping-enabled firearms 837‑W*2
Blue alert system 837‑X
Cooperation with certain out-of-state investigations 837‑X*2
Cooperation with certain out-of-state investigations 838
Identification of unknown dead and missing persons 838‑A
Maintenance of sexual offense evidence kits 838‑B
Victim’s right to notice 839
Municipal police training council 840
Functions, powers and duties of council 841
Functions, powers and duties of the commissioner with respect to the council 841‑A
Security guard advisory council 841‑B
Functions, powers and duties of council 841‑C
Functions, powers and duties of the commissioner with respect to the council 841‑D
Saving clause 842
Council rules and regulations promulgated by governor 843
Division homepage on the internet 844‑B
New York state committee for the coordination of police services to elderly persons 845
Central state registry of police officers and peace officers 845‑A
Presentment of flags lowered to half-staff in memorial of the death of any police officer or peace officer 845‑B
Requests for criminal history information 845‑C
Criminal history record searches 845‑D
Criminal record searches: reports for civil purposes 845‑E
Commercial security tax credit program 846
Programs for the aging 846*2
Programs for the aging
Green check means up to date. Up to date

Accessed:
May 4, 2024

Last modified:
Nov. 17, 2023

§ 837-N’s source at nysenate​.gov

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