§ 396-3. Screening of personnel., Chapter 396. Day-Care Facilities and Home-Care Services, Part II. Regulatory Local Laws, Code of Ordinances, Suffolk County

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.

Screening.

(1)

Screening shall include, but not be limited to, the following:

(a)

Fingerprinting.

(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.

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.

Any contractor is hereby authorized and required to have all current and prospective personnel fingerprinted by an appropriate County agency or department.

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.

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.

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.

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.