N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 901-2.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 901-2.3 - Submission of fingerprints by prospective employees, consultants, assistants and volunteers

(a) The provider of services shall perform criminal history information checks of all prospective employees, prospective consultants, prospective assistants and prospective volunteers it seeks to hire, contract with, or otherwise utilize the services of who will have the potential for, or may be permitted, regular and substantial contact with children who are served by publicly-funded emergency shelters for families with children.

(b) Criminal history information checks required in accordance with this Subpart shall apply only to persons who are prospective employees, prospective consultants, prospective assistants or prospective volunteers as defined in this Subpart.

(c) The Division shall supply every provider of services subject to the provisions of this Subpart with information which may be utilized to facilitate compliance with this Subpart.

(d)Fingerprint submission process. Upon receipt of an application from a prospective employee, prospective consultant, prospective assistant or prospective volunteer who will have the potential for, or may be permitted, regular and substantial contact with children who are served by publicly-funded emergency shelters for families with children, every provider of services subject to this Subpart shall:

(1) Inform the individual, in writing, that the provider of services is required to request a check of his or her criminal history information and assess the results of such check in accordance with section 460-h of the Social Services Law;

(2) Obtain signed informed consent from the subject individual on a form acceptable to the Division indicating that such person has:

(i) been informed of the right and procedures necessary to obtain, review and seek correction of his or her criminal history information;

(ii) been informed of the reason for the request for his or her criminal history information;

(iii) been informed that the criminal history information sought will include a New York state criminal history information check;

(iv) consented to such request for a report of his or her New York state criminal history;

(v) or has not, to the best of his or her knowledge, ever been convicted of a crime in New York state or any other jurisdiction other than as specified by the person on that form;

(vi) or does not have, to the best of his or her knowledge, any felony or misdemeanor charges currently pending against him or her that remain unresolved; and

(vii) supplied the provider of services with his or her current mailing or home address.

(3) Upon receiving such consent, the provider of services shall:

(i) in the form and manner prescribed by the Division require the subject individual to provide fingerprints to the Division; and

(ii) complete and submit a form provided by the Division, such form(s) to be completed by the authorized person(s) and maintained by the provider of services, and include a sworn statement from the authorized person(s) attesting that:

(a) the authorized person(s) identifies the name of each person for whom a criminal history information check is being requested, and attests that each such person is either a prospective employee, prospective consultant, prospective assistant or prospective volunteer of the provider of services, and, as such, the person is a subject individual, as defined in section 901-2.2 of this Subpart;

(b) the authorized person(s) identifies the specific duties which qualify the provider of services to request a check of the subject individual's criminal history information;

(c) the results of the criminal history information check will be used by the provider of services solely for the purposes authorized by law; and

(d) the provider of services, its agents, and employees are aware of and will abide by the confidentiality requirements of the Division and any applicable laws, regulations, policies and procedures.

(iii) maintain documentation demonstrating that the provider of services has complied with paragraph (3) of this subdivision.

(e) A subject individual may withdraw from the application process, without prejudice, at any time regardless of whether he or she or the provider of services has reviewed his or her criminal history information. The provider of services shall notify the Division of such withdrawal, and the Division shall return any fingerprints of the subject individual to the provider of services which shall then provide any fingerprints and/or criminal history information received to the subject individual.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 901-2.3

Adopted New York State Register October 11, 2017/Volume XXXIX, Issue 41, eff. 10/11/2017