(a) intentionally makes a false written statement about himself,
herself, or another person while he or she, or such other person, is
being considered for employment, or while under employment as a
caregiver to a parent or guardian of a child or children, or the agent
of a parent or guardian, and
(b) such statement contains a materially false representation
regarding the caregiver's background related to the ability to safely
care for a child or children, and
(c) a reasonable person would have relied upon such statement in
making an employment decision.
2. For the purposes of this section, "caregiver" shall mean a person
employed by or being considered for employment to provide fifteen or
more hours of care per week to a child or children in the home of such
child or children or in the home of such caregiver, provided that such
term shall not apply to a child day care provider required to be
licensed pursuant to the social services law.
Misrepresentation by, or on behalf of, a caregiver for a child or
children is a class A misdemeanor, provided, however, that if any
sentence of imprisonment is imposed for a conviction under this section,
term of imprisonment shall not exceed six months.
Structure New York Laws
Title O - Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents
Article 260 - Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons
260.00 - Abandonment of a Child.
260.05 - Non-Support of a Child in the Second Degree.
260.06 - Non-Support of a Child in the First Degree.
260.10 - Endangering the Welfare of a Child.
260.11 - Endangering the Welfare of a Child; Corroboration.
260.15 - Endangering the Welfare of a Child; Defense.
260.20 - Unlawfully Dealing With a Child in the First Degree.
260.21 - Unlawfully Dealing With a Child in the Second Degree.
260.22 - Facilitating Female Genital Mutilation.
260.31 - Vulnerable Elderly Persons; Definitions.
260.31*2 - Misrepresentation by a Child Day Care Provider.
260.35 - Misrepresentation By, or on Bahalf Of, a Caregiver for a Child or Children.