馃攳
Comprehensive Background Checks for Licensed/Registered Child Care Individuals - YouTube
Channel: unknown
[2]
Hello I'm Jim Hart, Director of Program
Operations for the New York State Office
[7]
of Children and Family Services, Division
of Child Care Services. New York State
[14]
takes the health and safety of our
children and child care programs very
[17]
seriously,
That's why on April 1, 2019, legislation
[23]
was enacted that grants the Office of
Children and Family Services the
[27]
authority to implement requirements
mandated by the federal Child Care
[31]
Development Block Grant Act of 2014.
Existing child care programs received
[37]
information from the Office that outlines
the provisions of the comprehensive
[41]
background check requirements including
the related expectation and procedures.
[46]
In addition, the Office of Children and
Family Services has new regulations set
[53]
to take effect on September 25, 2019. to
support implementation of these
[57]
requirements. While there are additional
provisions in the regulations, this
[63]
presentation is intended to help provide
you with the information necessary to
[66]
fulfill the requirements and complete
the comprehensive background check
[70]
process. The New York State Office of
Children and Family Services thanks you
[77]
for your continued effort to provide
quality child care to the children and
[81]
families of New York State.
[91]
On April 1, 2019, New York State passed
legislation which gave the Office of
[97]
Children and Family Services (OCFS) the
authority to implement statutory
[103]
requirements included in the federal
Child Care Development Block Grant Act
[108]
of 2014. This legislation has laid the
groundwork for new regulations. These
[114]
regulatory changes include: comprehensive
background checks (CBC)s,
[118]
annual inspections of child care
programs, annual training requirements,
[125]
and additional enhanced health and
safety requirements in various areas.
[130]
Other changes are needed to clarify or
amend existing regulatory citations.
[137]
Visit the OCFS website to see the
proposed regulations and participate in
[142]
the public comment period.
Today we are focusing on what you need
[147]
to know about the comprehensive
background checks
[150]
(CBCs). We will provide you with
information that affects your child care
[155]
program and serves to clarify changes in
procedures and practice regarding the
[160]
background clearance process. The
information in this presentation applies
[165]
to OCFS regulated family, group family,
day care center, small day care center, and
[172]
school-aged child care programs. While
the requirements are similar for Article
[178]
47 day care centers in New York City
overseen by New York City Department of
[183]
Health and Mental Hygiene,some of these
procedures may be different. For
[188]
information regarding these programs,
please contact your DOHMH
[193]
representative. Beginning September 25,
2019, new or prospective child care
[201]
individuals in a child day care center,
small day care center, school-aged child
[206]
care program, group family day care home,
or family day care will be subject to
[212]
comprehensive background checks.
Background clearances must be completed
[217]
for any perspective: operator, director,
employee, or volunteer, and any person age
[224]
eighteen or older living in a family or
group family day care home. Existing
[229]
individuals may continue to work in the
program as they have been. The checks
[234]
will include a New York State criminal
history record check with the Division
[239]
of Criminal Justice Services: a national
criminal record check with the Federal
[244]
Bureau of Investigation (FBI), a search
of the New York State Sex Offender
[249]
Registry, a check of the New York
Statewide Central Register of Child
[254]
Abuse and Maltreatment (SCR),
a check by the Justice Center for the
[260]
Protection of People with Special Needs
(SEL). The SEL is not a new check and
[266]
includes individuals who have been
excluded from working with vulnerable
[270]
people. This check will be completed by
OCFS. And a search of the National Sex
[276]
Offender Registry using the National
Crime & Information Center. Please note
[281]
the National Sex Offender Registry check
will be implemented at a later date. In
[286]
addition, for any individual who resides
or resided outside of New York State in
[292]
the past five years, the following
background checks will be required.
[297]
A search of the criminal history
repository in each state where the
[302]
individual resides or resided outside of
New York State. A search of any state sex
[309]
offender registry or repository in each
state where the individual resides or
[314]
resided outside of New York, and a search
of state-based child abuse or neglect
[320]
repository in each state where the
individual resides or resided outside of
[326]
New York. Now what does this mean for you
and your program? To accomplish the
[332]
requirements for the comprehensive
background checks OCFS, has outlined a
[337]
plan for implementation. For new or
prospective operators, directors,
[343]
employees. or volunteers, who are not
living out of state and did not live out
[349]
of state in the prior five years, they
must successfully complete the
[354]
comprehensive background clearance
checks and receive
[358]
successful notification from OCFS prior
to beginning in a program. How do I
[365]
complete the clearance requirements?
Well OCFS has revised the clearance
[369]
packet (6000 series). Each individual
current or prospective must complete
[375]
these forms. This packet contains forms:
OCFS-6000 Required Forms in Clearance
[382]
Lists, OCFS-6001 Child Care Provider, Staff and Volunteer Information, OCFS-6002
[390]
Qualifications, OCFS-6003 References, OCFS-6004 Medical, OCFS-6005
[398]
Criminal Conviction Statement, OCFS-6022 Staff Exclusion List, 4930 Request for
[407]
Fingerprinting, and the LDSS-3370
Statewide Central Register Database
[413]
Check Request. Instructions on where
forms should be mailed are included on
[418]
OCFS-6000. These forms are available
on the OCFS website. When submitting
[426]
documents make sure they are complete.
Incomplete documentation will delay this
[431]
process. In the event a prospective
operator, director, employee, or a
[437]
volunteer live or have lived out of
state in the past five years, they may be
[443]
granted conditional approval due to the
additional processing timeframes that
[448]
may result in completing the out-of-
state portion of the background checks.
[454]
However, before they begin, the individual
must have successfully completed all
[460]
other components of the comprehensive
background check and they cannot be left
[466]
alone unsupervised with children until
the successful results are provided to
[472]
the program by OCFS. CCDBG requires all
existing and currently cleared operators,
[481]
directors, employees, volunteers, and
household members living in a family or
[487]
group family day care home age 18 years
and older to
[491]
complete the comprehensive background
check screenings in accordance with a
[495]
schedule set forth by OCFS.
[501]
If an individual has been separated from
a New York State child care program for
[507]
more than 180 consecutive days, the
individual will need to undergo the
[513]
comprehensive background check prior to
starting with a new program. If an
[519]
individual has completed the
comprehensive background check and wants
[523]
to work in a new program, their
fingerprint screening can be waived to
[528]
the new program, but a new SCR and SEL
are needed. This individual may begin
[536]
working at the new program while their
SCR and SEL are being processed. OCFS has
[543]
developed an implementation schedule for
existing staff to complete this
[548]
screening process. The schedule is based
on an individual's birth date.
[554]
The schedule for existing staff is as
follows: each existing child care operator,
[560]
director, employee, volunteer, and
household member over the age of 18, will
[567]
schedule their fingerprinting
appointment within seven days before or
[572]
after their birthday. For instance, if
your birthday is on May 15th, your
[578]
fingerprint imaging appointment must
occur between May 8, and May 22, 2020.
[586]
Existing individuals may continue to
work in the program as they have been.
[594]
Given the high volume of individuals
required to undergo this process, it is
[600]
imperative individuals follow the
schedule. Failure to follow the schedule
[605]
may result in an individual not being
screened as required and cause
[610]
unnecessary delays. There are federally
required, mandatory disqualifying
[617]
conditions and offenses. It is possible
that individuals who have been approved
[623]
prior may no longer be approved once
these additional background checks are
[628]
completed. Disqualifying conditions
include: if an individual refuses to
[634]
consent to the criminal background check,
knowingly makes a materially false
[639]
statement in connection with such
criminal background check, is registered
[644]
or is required to be registered on a
state or national sex offender registry.
[650]
If the individual has been convicted of
a felony
[654]
consisting of: murder, child abuse or
neglect, a crime against children
[659]
including child pornography, spousal
abuse, a crime involving rape or sexual
[666]
assault, kidnapping, arson, physical
assault or battery, or if the individual
[673]
has been convicted of a violent
misdemeanor committed as an adult
[677]
against a child including the following
crimes: child abuse, child endangerment,
[684]
sexual assault or of a misdemeanor
involving child pornography. For daycare
[690]
center in school-aged child care
programs, there will be changes in how
[694]
your program will process and receive
information on the outcome of the
[699]
background check screening process. A
background check approval notice will be
[704]
sent to your program reflecting
completion of the process and
[708]
conditional approval, if applicable, for
your employees and volunteers.
[714]
All directors and those in family and group
family day care roles will receive an
[719]
overall roll approval notice which
includes the approval of the background
[724]
check screening process. once the process
is complete and conditional approval if
[730]
applicable. Additional notifications and
procedures will be in place to address
[736]
any individuals whose role is unable to
be approved due to conditions in their
[742]
background check screening process. Day
care center and school-age child care
[747]
programs will continue to enter data
from the Statewide Central Register
[752]
database check form LDSS-3370 into the
Online Clearance System. However. this
[760]
information will then be transmitted to
your program's licensor or registrar for
[766]
submission to the
SCR. The regulator will also receive the
[770]
results from the SCR as this information
will contribute to the overall
[775]
background check process. It is important
when submitting database check requests
[781]
to be sure you are assigning the correct
clearance category. Requests for new,
[786]
prospective employees - a fee paying
category requires $25 to accompany the
[793]
request. The Online Clearance System (OCS) allows programs to pay this fee
[800]
using a credit card and OCFS strongly
encourages this practice as it will help
[806]
expedite processing. If the program is
paying by a certified check, postal or
[814]
bank money order,
tellers check, cashier's check, or agency
[818]
check, it must be made payable to the New
York State Office of Children and Family
[823]
Services in the amount of $25. The check
must also include the applicants name
[828]
and the programs facility ID number. This
payment must then be mailed to the
[834]
appropriate licensing, registration
office upon submission of the request in
[839]
the Online Clearance System. The database
check will not be processed until the
[845]
$25 fee is received by the OCFS
licensing or registration office.
[851]
Untimely submission will result in a
delay of processing. Again, OCFS strongly
[858]
encourages the use of credit card
payment. As a result of the comprehensive
[863]
background check screening requirements,
it is important that your active staff
[868]
list be current. Please review your staff
roster carefully and delete anyone who
[875]
is not actively working in your program.
You should use form OCFS-4622
[881]
Notice to Expunge Associated Fingerprint
Card and communicate this information to
[887]
your licensor or registrar. OCFS
recognizes that implementing these
[893]
changes may create challenges. We will
keep you informed as we progress through
[898]
this process together.
Please continue to review the documents
[903]
we send to you and visit the OCFS
website for updates. After we complete
[908]
this initial process, the Child Care
Development Block Grant requires this
[913]
process be redone at least once every
five years. Enhancing the background
[919]
clearances of individuals associated
with child care programs is not only
[924]
required under federal law, but improves
the well-being and safety of New York
[929]
State's children in child care.
Most Recent Videos:
You can go back to the homepage right here: Homepage