NYC Administrative Code

§ 21-119 — Screening of child care services personnel by persons, corporations or other entities under contract with the city.

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What is NYC AC § 21-119?

Quick Answer

This section outlines the responsibilities of entities contracted with the city to provide child care services, including the recruitment, screening, and hiring of personnel. It mandates background checks, including fingerprinting and criminal record reviews, to ensure the safety of child care environments. Applies to contractors providing child care services to the city.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 21-119 Screening of child care services personnel by persons, corporations or other entities under contract with the city.

AC § 21-119

a. Each person, corporation, or other entity under contract with the city to provide child care services shall be responsible for the recruitment of appropriate personnel; verification of credentials and references; review of criminal record information; screening of all current and prospective personnel; and selection and hiring of all personnel necessary to furnish child care services. Screening shall include, but not be limited to (1) fingerprinting; (2) review of criminal convictions and pending criminal actions, provided that the contractor shall not dismiss or permanently deny employment to current and prospective personnel who are subjects of pending criminal actions, but may suspend such current personnel or defer employment decisions on such prospective personnel until disposition of the pending criminal action; (3) inquiry with the statewide central register of child abuse and maltreatment and; (4) for prospective personnel, inquiry with the applicant's three most recent employers. Each such contractor is hereby authorized and required to have all current and prospective personnel fingerprinted by an appropriate city agency. b. As a condition of employment and continued employment, the contractor shall obtain written consent from all current and prospective child care services personnel for fingerprinting and criminal record review. Denial of such consent shall be grounds for dismissal or refusal to hire. c. The department shall require appropriate documentation from the contractor indicating compliance with this section. The requirements of subdivisions a and b of this section shall be incorporated in contracts for child care services entered into by the city, and any violation thereof shall be a material breach of the contract sufficient to cause termination. d. For purposes of this section, "personnel" shall include day care employees, family day care providers and members of their households, and head start employees.

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