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See Bill Text
A08773 Summary:SAME AS Same as S 5534-A
SPONSOR RULES COM Lentol
COSPNSR Aubertine, Scozzafava, Galef
MLTSPNSR
Amd S378-a, Soc Serv L
Authorizes the division of criminal justice services to submit fingerprints to
the federal bureau of investigation for the purpose of a nationwide criminal
history record check to determine whether a prospective foster parent,
prospective adoptive parent or person over the age of eighteen currently
residing in the home of such prospective parent has a criminal history in any
state or federal jurisdiction.
A08773 Actions:06/09/2005 referred to children and families
06/15/2005 amend and recommit to children and families
06/15/2005 print number 8773a
06/22/2005 reported referred to codes
A08773 Votes:
A08773 Memo: TITLE OF BILL : An act to amend the social services law, in relation
to criminal background checks on prospective foster parents or
adoptive parents
PURPOSE :
The bill is to require the Division of Criminal Justice Services to
include in the background check a request to the Federal Bureau of
Investigation (FBI) for criminal information on all prospective foster
parents or adoptive parents.
SUMMARY OF SPECIFIC PROVISIONS :
This bill amends the social services law by amending paragraph (a) of
subdivision 2 of section 378-a to require the Division of Criminal
Justice Services (DCJS) to include in the background check a request
to the Federal Bureau of Investigation (FBI) for criminal information
on all prospective foster parents or adoptive parents.
JUSTIFICATION :
County Social Service agencies that oversee certification of
prospective foster parents and adoptive parents are required to
fingerprint and conduct background checks on individuals seeking
foster parent or adoptive parent status. Currently, there is no
statutory requirement that DCJS coordinate with the FBI for purposes
of a national criminal background check. This legislation corrects
that deficiency.
This statutory deficiency resulted in the certification of a convicted
rapist as a foster parent to some 23 children in Jefferson County.
This individual was convicted in the State of Oregon on two counts of
third degree rape, which typically applies to statutory rape. New York
Law requires that sex offenders register with NYS when they move here.
In this case the sex offender did not register. Therefore when DCJS
searched NYS data bases on this individual his sex offender background
did not turn up. However, had DCJS coordinated with the FBI the sex
offenses would have been discovered. This bill will close this
unintended loop hole that permitted a rapist to be certified as a
foster parent. It also closes the same loop hole that exists for
background checks on prospective adoptive parents.
LEGISLATIVE HISTORY :
New Legislation.
FISCAL IMPLICATIONS :
None.
EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become law, provided however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.
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