§ 260.35 — Misrepresentation by, or on behalf of, a caregiver for a child or children

New York § 260.35

• Jurisdiction: New York
• Law PEN: Penal
• Title O: Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents
• Part 3: Specific Offenses
• Art. 260: Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons

Text

§ 260.35 Misrepresentation by, or on behalf of, a caregiver for a child\n or children.\n 1. A person is guilty of misrepresentation by, or on behalf of, a\ncaregiver for a child or children when he or she:\n (a) intentionally makes a false written statement about himself,\nherself, or another person while he or she, or such other person, is\nbeing considered for employment, or while under employment as a\ncaregiver to a parent or guardian of a child or children, or the agent\nof a parent or guardian, and\n (b) such statement contains a materially false representation\nregarding the caregiver's background related to the ability to safely\ncare for a child or children, and\n (c) a reasonable person would have relied upon such statement in\nmaking an employment decision.\n 2. For the purposes of this section, "caregiver" shall mean a person\nemployed by or being considered for employment to provide fifteen or\nmore hours of care per week to a child or children in the home of such\nchild or children or in the home of such caregiver, provided that such\nterm shall not apply to a child day care provider required to be\nlicensed pursuant to the social services law.\n Misrepresentation by, or on behalf of, a caregiver for a child or\nchildren is a class A misdemeanor, provided, however, that if any\nsentence of imprisonment is imposed for a conviction under this section,\nterm of imprisonment shall not exceed six months.\n