New York Laws
Article 35 - Division of Criminal Justice Services
837-N - Criminal History Information of Caregivers; Requirements.

(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.
(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 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sent to such prospective employer pursuant to this paragraph shall not
be published or in any way disclosed or redisclosed to persons other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.

Structure New York Laws

New York Laws

EXC - Executive

Article 35 - Division of Criminal Justice Services

835 - Definitions.

836 - Division of Criminal Justice Services; Commissioner, Organization and Employees.

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 Program; Standards; Eligibility; Reports.

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; Requirements.

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 Annually Regarding Pretrial Release and Detention.

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; Undisposed Cases.

845-D - Criminal Record Searches: Reports for Civil Purposes.

846 - Programs for the Aging.

846*2 - Programs for the Aging.