§ 424-A — Access to information contained in the statewide central register of child abuse and maltreatment

New York § 424-A

• Jurisdiction: New York
• Law SOS: Social Services
• Title 6: Child Protective Services
• Art. 6: Children

Text

§ 424-a. Access to information contained in the statewide central\nregister of child abuse and maltreatment. 1. (a) (i) A licensing agency\nshall inquire of the department and the department shall, subject to the\nprovisions of paragraph (e) of this subdivision, inform such agency and\nthe subject of the inquiry whether an applicant for a certificate,\nlicense or permit, the director of a camp subject to the provisions of\narticle thirteen-B of the public health law, a prospective successor\nguardian when a clearance is conducted pursuant to paragraph (d) of\nsubdivision two of section four hundred fifty-eight-b of this article,\nand any person over the age of eighteen who resides in the home of a\nperson who has applied to become an adoptive parent or a foster parent\nor any person over the age of eighteen residing in the home of a\nprospective successor guardian when a clearance is conducted of a\nprospective successor guardian pursuant to this paragraph, has been or\nis currently the subject of an indicated child abuse and maltreatment\nreport on file with the statewide central register of child abuse and\nmaltreatment.\n (ii) A licensing agency shall inquire of the office whether an\napplicant for a certificate, license or permit to operate a child care\nprogram including a family day care home, group family day care home,\nchild care center, school age child care program, or enrolled legally\nexempt provider or an employee, volunteer or applicant to be an employee\nor volunteer in such program who has potential for regular and\nsubstantial contact with children in the program, is the confirmed\nsubject of an indicated child abuse report maintained by the statewide\ncentral register of child abuse and maltreatment. The office shall\npromulgate regulations related to the process by which providers and\napplicants will be informed whether the applicant is authorized or\nunauthorized to care for children based on the outcome of such inquiry.\n (iii) A licensing agency shall inquire of the office whether any\nperson age eighteen or older who is not related in any way to all\nchildren for whom care is provided that resides on the premises of where\nchild care is provided in a setting that is not the child's own home by\nan enrolled legally-exempt provider as such term is defined in\nsubdivision one-a of section three hundred ninety-b of this chapter is\nthe confirmed subject of an indicated child abuse report maintained by\nthe statewide central register of child abuse and maltreatment. The\noffice shall promulgate regulations related to the process by which\nproviders and applicants will be informed whether the applicant is\nauthorized or unauthorized to care for children based on the outcome of\nsuch inquiry.\n (iv) A licensing agency conducting inquiries pursuant to subparagraphs\n(ii) and (iii) of this paragraph may inquire of the office whether any\nperson who is to be hired as a consultant by such agency who has the\npotential for regular and substantial contact with individuals who are\ncared for by the agency is the subject of an indicated child abuse and\nmaltreatment report on file with the statewide central register of child\nabuse and maltreatment. The office shall promulgate regulations related\nto the process by which providers and applicants will be informed\nwhether the applicant is authorized or unauthorized to care for children\nbased on the outcome of such inquiry.\n (v) A licensing agency conducting inquiries pursuant to subparagraphs\n(ii) and (iii) or this paragraph may inquire of the office whether any\nperson who has volunteered his or her services to such agency and who\nwill have the potential for regular and substantial contact with\nindividuals who are cared for by the agency, is the subject of an\nindicated child abuse and maltreatment report on file with the statewide\ncentral register of child abuse and maltreatment. The office shall\npromulgate regulations related to the process by which providers and\napplicants will be informed whether the applicant is authorized or\nunauthorized to care for children based on the outcome of such inquiry.\n (b) (i) (A) Subject to the provisions of subdivision seven of this\nsection, a provider agency shall inquire of the office and the office\nshall, subject to the provisions of paragraph (e) of this subdivision,\ninform such agency and the subject of the inquiry whether any person who\nis actively being considered for employment and who will have the\npotential for regular and substantial contact with individuals who are\ncared for by the agency, is the subject of an indicated child abuse and\nmaltreatment report on file with the statewide central register of child\nabuse and maltreatment prior to permitting such person to have\nunsupervised contact with such individuals. Such agency may inquire of\nthe office and the office shall inform such agency and the subject of\nthe inquiry whether any person who is currently employed and who has the\npotential for regular and substantial contact with individuals who are\ncared for by such agency is the subject of an indicated child abuse and\nmaltreatment report on file with the statewide central register of child\nabuse and maltreatment. A provider agency shall also inquire of the\noffice and the office shall inform such agency and the subject of the\ninquiry whether any person who is employed by an individual,\ncorporation, partnership or association which provides goods or services\nto such agency who has the potential for regular and substantial contact\nwith individuals who are cared for by the agency, is the subject of an\nindicated child abuse and maltreatment report on file with the statewide\ncentral register of child abuse and maltreatment prior to permitting\nsuch person to have unsupervised contact with such individuals.\nInquiries made to the office pursuant to this subparagraph by a provider\nagency on current employees shall be made no more often than once in any\nsix month period.\n (B) Notwithstanding clause (A) of this subparagraph, where the\nprovider agency is an authorized agency that operates a residential\nprogram for foster children that is licensed or certified by the office\nof children and family services such agency shall inquire of the office\nand the office shall, subject to the provisions of paragraph (e) of this\nsubdivision, inform such agency and the subject of the inquiry whether:\n (I) any person who is actively being considered for employment in such\nprogram who is not already required to be cleared pursuant to clause (A)\nof this subparagraph is the subject of an indicated child abuse and\nmaltreatment report on file with the statewide central register of child\nabuse and maltreatment; and\n (II) Notwithstanding any other provision of law to the contrary, prior\nto April first, two thousand twenty and in accordance with a schedule\ndeveloped by the office of children and family services, whether any\nperson who is employed in a residential foster care program that has not\npreviously had a clearance conducted pursuant to this subparagraph in\nconnection to such employment is the subject of an indicated child abuse\nand maltreatment report on file with the statewide central register of\nchild abuse and maltreatment.\n (ii) A provider agency may inquire of the office and the office shall,\nupon receipt of such inquiry and subject to the provisions of paragraph\n(e) of this subdivision, inform such agency and the subject of the\ninquiry whether any person who is to be hired as a consultant by such\nagency who has the potential for regular and substantial contact with\nindividuals who are cared for by the agency is the subject of an\nindicated child abuse and maltreatment report on file with the statewide\ncentral register of child abuse and maltreatment.\n (iii) A provider agency may inquire of the office and the office\nshall, upon receipt of such inquiry and subject to the provisions of\nparagraph (e) of this subdivision, inform such agency and the subject of\nthe inquiry whether any person who has volunteered his or her services\nto such agency and who will have the potential for regular and\nsubstantial contact with individuals who are cared for by the agency, is\nthe subject of an indicated child abuse and maltreatment report on file\nwith the statewide central register of child abuse and maltreatment.\n (iv) The office shall promulgate regulations which effectuate the\nprovisions of this paragraph.\n (c) An authorized agency shall inquire of the department and the\ndepartment shall inform such agency and the subject of the inquiry,\nwhether any person who has applied to adopt a child is the subject of an\nindicated child abuse and maltreatment report on file with the statewide\ncentral register of child abuse and maltreatment.\n (d) Any person who has applied to a licensing agency for a\ncertificate, license or permit or who has applied to be an employee of a\nprovider agency or who has applied to an authorized agency to adopt a\nchild, or who may be hired as a consultant or used as a volunteer by a\nprovider agency and any other person about whom an inquiry is made to\nthe department pursuant to the provisions of this section shall be\nnotified by such agency at the time of application or prior to the time\nthat a person may be hired as a consultant or used as a volunteer that\nthe agency will or may inquire of the department whether such person is\nthe subject of an indicated child abuse and maltreatment report. All\nemployees of a provider agency shall be notified by their employers that\nan inquiry may be made to the department pursuant to this section and no\nsuch inquiry shall be made regarding any employee until such notice has\nbeen made.\n (d-1) A law enforcement agency pursuant to section eight hundred\nthirty-seven-k of the executive law may inquire of the department and\nthe department may inform such agency and the subject of the inquiry,\nwhether any person who has applied for a symbol provided for in section\neight hundred thirty-seven-k of the executive law or persons residing or\nregularly visiting said location are the subject of an indicated child\nabuse and maltreatment report on file with the statewide central\nregister of child abuse and maltreatment.\n (e) (i) Subject to the provisions of subparagraph (ii) of this\nparagraph, the office of children and family services shall inform the\nprovider or licensing agency, or child care resource and referral\nprograms pursuant to subdivision six of this section whether or not the\nperson is the subject of an indicated child abuse and maltreatment\nreport only if:\n (A) (I) the time for the subject of the report to request an amendment\nof the record of the report pursuant to subdivision eight of section\nfour hundred twenty-two has expired without any such request having been\nmade; or\n (II) such request was made within such time and a fair hearing\nregarding the request has been finally determined by the commissioner\nand the record of the report has not been amended to unfound the report\nor delete the person as a subject of the report; and\n (B) (I) the person is the subject of an indicated report of child\nabuse; or\n (II) the person is not the subject of an indicated report of child\nabuse and is the subject of a report of child maltreatment where the\nindication for child maltreatment occurred within less than eight years\nfrom the date of the inquiry.\n (ii) If the subject of an indicated report of child abuse or\nmaltreatment has not requested an amendment of the record of the report\nand an inquiry is made to the office of children and family services\npursuant to this subdivision concerning the subject of the report, such\noffice shall, as expeditiously as possible but within no more than ten\nworking days of receipt of the inquiry, determine whether, in fact, the\nperson about whom an inquiry is made is the subject of an indicated\nreport. Upon making a determination that the person about whom the\ninquiry is made is the subject of an indicated report of child abuse and\nmaltreatment, the office of children and family services shall\nimmediately send a written request to the child protective service or\nstate agency which was responsible for investigating the allegations of\nabuse or maltreatment for all records, reports and other information\nmaintained by the service or state agency on the subject. The service or\nstate agency shall, as expeditiously as possible but within no more than\ntwenty working days of receiving such request, forward all records,\nreports and other information it maintains on the indicated report to\nthe office of children and family services, including a copy of any\npetition or court order based on the allegations that were indicated.\nWhere a proceeding pursuant to article ten of the family court act is\npending based on the same allegations that were indicated, the office of\nchildren and family services shall stay determination of whether there\nis a fair preponderance of the evidence to support the indication until\nthe disposition of such family court proceeding. Unless such\ndetermination has been stayed, the office of children and family\nservices shall, within fifteen working days of receiving such records,\nreports and other information from the child protective service or state\nagency, review all records, reports and other information in its\npossession concerning the subject and determine whether there is a fair\npreponderance of the evidence to find that the subject had committed the\nact or acts of child abuse or maltreatment giving rise to the indicated\nreport.\n (iii) If it is determined, after affording such service or state\nagency a reasonable opportunity to present its views, that there is not\na fair preponderance of the evidence in the record to find that the\nsubject committed such act or acts, the office of children and family\nservices shall amend the record to indicate that the report was\nunfounded and notify the inquiring party that the person about whom the\ninquiry is made is not the subject of an indicated report.\n (iv) (A) If it is determined after a review by the office of all\nrecords, reports and information in its possession concerning the\nsubject of the report that there is a preponderance of the evidence to\nfind that the subject committed the act or acts of child abuse or\nmaltreatment giving rise to the indicated report, the office shall also\ndetermine whether such act or acts are relevant and reasonably related\nto issues concerning the employment of the subject by a provider agency\nor the subject being allowed to have regular and substantial contact\nwith individuals cared for by a provider agency or the approval or\ndisapproval of an application which has been submitted by the subject to\na licensing agency, based on guidelines developed pursuant to\nsubdivision five of this section. If it is determined that such act or\nacts are not relevant and related to such issues, the office shall be\nprecluded from informing the provider or licensing agency which made the\ninquiry to the office pursuant to this section that the person about\nwhom the inquiry is made is the subject of an indicated report of child\nabuse or maltreatment.\n (B) Where the subject of the report is not the subject of any\nindicated report of child abuse and is the subject of a report of child\nmaltreatment where the indication for child maltreatment occurred more\nthan eight years prior to the date of the inquiry, any such indication\nof child maltreatment shall be deemed to be not relevant and reasonably\nrelated to employment.\n (v) If it is determined after a review by the office of children and\nfamily services of all records, reports and information in its\npossession concerning the subject of the report that there is a fair\npreponderance of the evidence to prove that the subject committed the\nact or acts of abuse or maltreatment giving rise to the indicated report\nthe office of children and family services shall notify the subject of\nthe determination of such report and of the subject's right to request a\nfair hearing. If the subject shall request a hearing, the office of\nchildren and family services shall schedule a fair hearing and shall\nprovide notice of the scheduled hearing date to the subject, the\nstatewide central register and, as appropriate, to the child protective\nservice which investigated such report.\n (vi) The burden of proof in such a hearing shall be on the child\nprotective service which investigated the report. In such a hearing,\nwhere a family court proceeding pursuant to article ten of the family\ncourt act has occurred and where the petition for such proceeding\nalleges that a respondent in that proceeding committed abuse or\nmaltreatment against the subject child in regard to an allegation\ncontained in a report indicated pursuant to this section: (A) where the\ncourt finds that such respondent did commit abuse or maltreatment there\nshall be an irrebuttable presumption in a fair hearing held pursuant to\nthis subdivision that said allegation is substantiated by a fair\npreponderance of the evidence as to that respondent on that allegation;\nand (B) where such child protective service withdraws such petition with\nprejudice, where the family court dismisses such petition, or where the\nfamily court finds on the merits in favor of the respondent, there shall\nbe an irrebuttable presumption in a fair hearing held pursuant to this\nsubdivision that said allegation as to that respondent has not been\nproven by a fair preponderance of the evidence.\n (vii) If it shall be determined at the fair hearing that there is no\nfair preponderance of the evidence in the record to find that the\nsubject committed an act or acts of child abuse or maltreatment, the\noffice of children and family services shall amend the record as to that\nrespondent on that allegation to reflect that such a finding was made at\nthe administrative hearing, order any child protective service which\ninvestigated the report as to that respondent to similarly amend its\nrecords of such report, notify the subject of the determination, and\nnotify the inquiring party that the person about whom such inquiry was\nmade is not the subject of an indicated report on that allegation.\n (viii) Upon a determination at the fair hearing that the subject has\nbeen shown, by a fair preponderance of the evidence to have committed\nthe act or acts of child abuse or maltreatment giving rise to the\nindicated report, the hearing officer shall determine, based on\nguidelines developed by the office of children and family services\npursuant to subdivision five of this section, whether such act or acts\nare relevant and reasonably related to the subject being allowed to have\nregular and substantial contact with children who are cared for by a\nprovider agency as defined in subdivision three of this section, or\nrelevant and reasonably related to the approval or disapproval of an\napplication submitted by the subject to a licensing agency as defined in\nsubdivision four of this section.\n (ix) Upon a determination made at a fair hearing that the act or acts\nof abuse or maltreatment are relevant and reasonably related to the\nemployment of the subject by a provider agency as defined in subdivision\nthree of this section, the subject being allowed to have regular and\nsubstantial contact with children who are cared for by a provider agency\nas defined in subdivision three of this section, or relevant and\nreasonably related to the approval or disapproval of an application\nsubmitted by the subject to a licensing agency as defined in subdivision\nfour of this section, the office of children and family services shall\nnotify the subject and shall inform the inquiring party that the person\nabout whom such inquiry was made is the subject of an indicated report\nof child abuse or maltreatment.\n (x) The failure to determine at the fair hearing that the act or acts\nof abuse or maltreatment are relevant and reasonably related to the\nemployment of the subject by a provider agency as defined in subdivision\nthree of this section, the subject being allowed to have regular and\nsubstantial contact with children who are cared for by a provider agency\nas defined in subdivision three of this section, or relevant and\nreasonably related to the approval or disapproval of an application\nsubmitted by the subject to a licensing agency as defined in subdivision\nfour of this section, shall preclude the office of children and family\nservices from informing a provider agency as defined in subdivision\nthree of this section or licensing agency as defined in subdivision four\nof this section that such person is the subject of an indicated report\nof child abuse or maltreatment on that allegation.\n (f) The office of children and family services shall charge a fee of\ntwenty-five dollars when it conducts a search of its records within the\nstatewide central register for child abuse or maltreatment in accordance\nwith this section or regulations of the office to determine whether an\napplicant for employment is the subject of an indicated child abuse or\nmaltreatment report including an applicant to be a child day care\nprovider and a request made pursuant to subdivision six of this section.\nSuch fees shall be deposited in a special revenue - other account and\nshall be made available to the office for costs incurred in the\nimplementation of this section.\n (g) The office shall determine actions necessary to develop an\nautomated search, available for the use of the office, of records at the\nstatewide central registry of child abuse and maltreatment.\n 2. (a) Upon notification by the office or by a child care resource and\nreferral program in accordance with subdivision six of this section that\nany person who has applied to a licensing agency for a license,\ncertificate or permit or who seeks to become an employee of a provider\nagency, or to accept a child for adoptive placement or who will be hired\nas a consultant or used as a volunteer by a provider agency, or that any\nother person about whom an inquiry is made to the office pursuant to the\nprovisions of this section is the subject of an indicated report, the\nlicensing or provider agency shall determine on the basis of information\nit has available whether to approve such application or retain the\nemployee or hire the consultant or use the volunteer or permit an\nemployee of another person, corporation, partnership or association to\nhave access to the individuals cared for by the provider agency,\nprovided, however, that if such application is approved, or such\nemployee is retained or consultant hired or volunteer used or person\npermitted to have access to the children cared for by such agency the\nlicensing or provider agency shall maintain a written record, as part of\nthe application file or employment record, of the specific reasons why\nsuch person was determined to be appropriate to receive a foster care or\nadoption placement or to provide day care services, to be the director\nof a camp subject to the provisions of article thirteen-B of the public\nhealth law, to be approved as a successor guardian in accordance with\nsubparagraph (ii) of paragraph (b) of subdivision five of section four\nhundred fifty-eight-b of this article, to be employed, to be retained as\nan employee, to be hired as a consultant, used as a volunteer or to have\naccess to the individuals cared for by the agency.\n (b) (i) Upon denial of such application by a licensing or a provider\nagency or failure to hire the consultant or use the volunteer, or denial\nof access by a person to the children cared for by the agency, or\nfailure to approve a successor guardian in accordance with subparagraph\n(ii) of paragraph (b) of subdivision five of section four hundred\nfifty-eight-b of this article, such agency shall furnish the applicant,\nprospective consultant, volunteer or person who is denied access to the\nchildren cared for by the agency with a written statement setting forth\nwhether its denial, failure to hire or failure to use was based, in\nwhole or in part, on such indicated report, and if so, its reasons for\nthe denial or failure to hire or failure to use.\n (ii) Upon the termination of employment of an employee of a provider\nagency, who is the subject of an indicated report of child abuse or\nmaltreatment on file with the statewide central register of child abuse\nand maltreatment, the agency shall furnish the employee with a written\nstatement setting forth whether such termination was based, in whole or\nin part, on such indicated report and, if so, the reasons for the\ntermination of employment.\n (c) If the reasons for such denial or termination or failure to hire a\nconsultant or use a volunteer or failure to approve a successor guardian\nin accordance with subparagraph (ii) of paragraph (b) of subdivision\nfive of section four hundred fifty-eight-b of this article include the\nfact that the person is the subject of an indicated child abuse or\nmaltreatment report, such person may request from the department within\nninety days of receipt of notice of such denial, termination, failure to\nhire a consultant or use a volunteer and shall be granted a hearing in\naccordance with the procedures set forth in section twenty-two of this\nchapter relating to fair hearings. All hearings held pursuant to the\nprovisions of this subdivision shall be held within thirty days of a\nrequest for the hearing unless the hearing is adjourned for good cause\nshown. Any subsequent adjournment for good cause shown shall be granted\nonly upon consent of the person who requested the hearing. The hearing\ndecision shall be rendered not later than sixty days after the\nconclusion of the hearing.\n (d) At any such hearing, the sole question before the department shall\nbe whether the applicant, employee, prospective consultant, volunteer,\nprospective successor guardian or person who was denied access to the\nchildren cared for by a provider agency has been shown by a fair\npreponderance of the evidence to have committed the act or acts of child\nabuse or maltreatment giving rise to the indicated report. In such\nhearing, the burden of proof on the issue of whether an act of child\nabuse or maltreatment was committed shall be upon the local child\nprotective service or the state agency which investigated the report, as\nthe case may be. The failure to sustain the burden of proof at a hearing\nheld pursuant to this section shall not result in the expungement or\nunfounding of an indicated report but shall be noted on the report\nmaintained by the state central register and shall preclude the\ndepartment from notifying a party which subsequently makes an inquiry to\nthe department pursuant to this section that the person about whom the\ninquiry is made is the subject of an indicated report.\n (e) Upon the failure, at the fair hearing held pursuant to this\nsection, to prove by a fair preponderance of the evidence that the\napplicant committed the act or acts of child abuse or maltreatment\ngiving rise to the indicated report, the department shall notify the\nprovider or licensing agency which made the inquiry pursuant to this\nsection that it should reconsider any decision to discharge an employee,\nor to deny the subject's application for employment, or to become an\nadoptive parent, or to become a successor guardian, or for a\ncertificate, license or permit; or not to hire a consultant, use a\nvolunteer, or allow access to children cared for by the agency.\n 3. For purposes of this section, the term "provider" or "provider\nagency" shall mean: an authorized agency; the office of children and\nfamily services; a private, nonprofit incorporated agency that meets the\nstate office of children and family services program standards for child\nadvocacy centers; juvenile detention facilities subject to the\ncertification of the office of children and family services; programs\nestablished pursuant to article nineteen-H of the executive law;\nnon-residential or residential programs or facilities licensed or\noperated by the office of mental health or the office for people with\ndevelopmental disabilities except family care homes; including head\nstart programs which are funded pursuant to title V of the federal\neconomic opportunity act of nineteen hundred sixty-four, as amended;\nearly intervention service established pursuant to section twenty-five\nhundred forty of the public health law; preschool services established\npursuant to section forty-four hundred ten of the education law; special\nact school districts as enumerated in chapter five hundred sixty-six of\nthe laws of nineteen hundred sixty-seven, as amended; programs and\nfacilities licensed by the office of alcoholism and substance abuse\nservices; residential schools which are operated, supervised or approved\nby the education department; health homes, or any subcontractor of such\nhealth homes, who contracts with or is approved or otherwise authorized\nby the department of health to provide health home services to all those\nenrolled pursuant to a diagnosis of a developmental disability as\ndefined in subdivision twenty-two of section 1.03 of the mental hygiene\nlaw and enrollees who are under twenty-one years of age under section\nthree hundred sixty-five-l of this chapter, or any entity that provides\nhome and community based services to enrollees who are under twenty-one\nyears of age under a demonstration program pursuant to section eleven\nhundred fifteen of the federal social security act; publicly-funded\nemergency shelters for families with children, provided, however, for\npurposes of this section, when the provider or provider agency is a\npublicly-funded emergency shelter for families with children, then all\nreferences in this section to the "potential for regular and substantial\ncontact with individuals who are cared for by the agency" shall mean the\npotential for regular and substantial contact with children who are\nserved by such shelter; and any other facility or provider agency, as\ndefined in subdivision four of section four hundred eighty-eight of this\nchapter, in regard to the employment of staff, or use of providers of\ngoods and services and staff of such providers, consultants, interns and\nvolunteers.\n 4. For purposes of this section, the term "licensing agency" shall\nmean an authorized agency which has received an application to become an\nadoptive parent or an authorized agency which has received an\napplication for a certificate or license to receive, board or keep any\nchild pursuant to the provisions of section three hundred seventy-six or\nthree hundred seventy-seven of this article or an authorized agency\nwhich has received an application from a relative within the second\ndegree or third degree of consanguinity of the parent of a child or a\nrelative within the second degree or third degree of consanguinity of\nthe step-parent of a child or children, or the child's legal guardian\nfor approval to receive, board or keep such child, or an authorized\nagency that conducts a clearance pursuant to paragraph (d) of\nsubdivision two of section four hundred fifty-eight-b of this article,\nor a state or local governmental agency which receives an application to\nprovide child day care services in a child day care center, school-age\nchild care program, family day care home or group family day care home\nor enrolled legally-exempt provider as such term is defined in\nsubdivision one-a of section three hundred ninety-b of this article\npursuant to the provisions of section three hundred ninety of this\narticle, or the department of health and mental hygiene of the city of\nNew York, when such department receives an application for a certificate\nof approval to provide child day care services in a child day care\ncenter pursuant to the provisions of the health code of the city of New\nYork, or the office of mental health or the office for people with\ndevelopmental disabilities when such office receives an application for\nan operating certificate pursuant to the provisions of the mental\nhygiene law to operate a family care home, or a state or local\ngovernmental official who receives an application for a permit to\noperate a camp which is subject to the provisions of article thirteen-B\nof the public health law or the office of children and family services\nwhich has received an application for a certificate to receive, board or\nkeep any child at a foster family home pursuant to articles nineteen-G\nand nineteen-H of the executive law or any other facility or provider\nagency, as defined in subdivision four of section four hundred\neighty-eight of this chapter, in regard to any licensing or\ncertification function carried out by such facility or agency.\n 5. (a) The office of children and family services, after consultation\nwith the justice center for the protection of people with special needs,\nthe office of mental health, the office for people with developmental\ndisabilities, the office of alcoholism and substance abuse services, the\ndepartment of health, and the state education department shall develop\nguidelines to be utilized by a provider agency, as defined by\nsubdivision three of this section, and a licensing agency, as defined by\nsubdivision four of this section, in evaluating persons about whom\ninquiries are made to the office pursuant to this section who are the\nsubjects of indicated reports of child abuse and maltreatment, as\ndefined by subdivision four of section four hundred twelve of this\nchapter.\n (b) The guidelines developed pursuant to subdivision one of this\nsection shall not supersede similar guidelines developed by local\ngovernmental agencies prior to January first, nineteen hundred\neighty-six.\n 6. A child care resource and referral program as defined in\nsubdivision two of section four hundred ten-p of this article may\ninquire of the office of children and family services and the office\nshall, upon receipt of such inquiry and subject to the provisions of\nparagraph (e) of subdivision one of this section, inform such program\nand the subject of such inquiry whether any person who has requested and\nagreed to be included in a list of substitute child day care caregivers\nfor employment by registered or licensed day care providers maintained\nby such program in accordance with regulations promulgated by the\noffice, is the subject of an indicated child abuse and maltreatment\nreport on file with the statewide central register of child abuse and\nmaltreatment. Inquiries made to the office by such programs pursuant to\nthis subdivision shall be made no more often than once in any six month\nperiod and no less often than once in any twelve month period.\nNotwithstanding any provision of law to the contrary, a child care\nresource and referral program may redisclose such information only if\nthe purpose of such redisclosure is to respond to a request for such\ninformation by a registered or licensed provider and only if after an\nindividual included in the list of substitute child day care caregivers\nfor employment by registered or licensed day care providers has\nconsented to be referred for employment to such inquiring agency. Upon\nsuch referral, the provisions related to notice and fair hearing rights\nof this section shall otherwise apply. Inquiries made pursuant to this\nsubdivision shall be in lieu of the inquiry requirements set forth in\nparagraph (b) of subdivision one of this section.\n 7. Any facility, provider agency, or program that is required to\nconduct an inquiry pursuant to section four hundred ninety-five of this\nchapter shall first conduct the inquiry required under such section. If\nthe result of the inquiry under section four hundred ninety-five of this\nchapter is that the person about whom the inquiry is made is on the\nregister of substantiated category one cases of abuse or neglect and the\nfacility or provider agency is required to deny the application in\naccordance with article eleven of this chapter, the facility or provider\nagency shall not be required to make an inquiry of the office under this\nsection.\n