![]() ![]() In accordance with the federal Driver’s Privacy Protection Act (1994), you can obtain a copy of the prospective employee’s New York State driving record if the employer has the prospective employee’s written consent (preferably notarized), or if the reason for obtaining this information falls under “permissible use.” Permissible use refers to specific circumstances that allow prospective employers to access the individual’s record without his/her consent. This information includes, but is not limited to, records from the New York State Department of Motor Vehicles, education records, and credit history information. Other background information that may assist in making an informed decision regarding the suitability of a prospective caregiver may also be obtained. Parents who obtain criminal history information from DCJS and employ ten or more persons in any capacity should be aware that Section 752 of the Correction Law may limit an individual’s authority to refuse to hire someone based upon a criminal conviction to those instances in which there is a direct relationship between the criminal conviction and the prospective employment. ![]() Unauthorized disclosure or redisclosure of the information is a Class A misdemeanor, punishable by up to one year in prison. If you are seeking a criminal background check on a potential caregiver for your child, you can request a Caregiver Criminal History Record Search Request Form (DCJS-3249) and fingerprint card by writing to:Ĭriminal history information obtained from DCJS pursuant to Kieran’s Law is confidential. This fee may be reduced based on the prospective employer’s financial situation and ability to pay. A $75 fee, payable by the parents, will be charged for each background check conducted by DCJS. Once the background check is completed, the parents will be notified of any criminal convictions in New York State so that they can make an informed decision regarding the fitness and competency of their child’s caretaker. DCJS will conduct a search of its records so that a criminal background search can be conducted. The law allows parents, with the voluntary consent of the prospective caregiver, to forward the prospective employee’s fingerprints to the New York State Division of Criminal Justice Services (DCJS). Kieran’s Law applies only to caregivers (e.g., nannies, babysitters) who will be providing child care in the child’s home for 15 hours or more per week. Kieran’s Law took effect on October 27, 1998, to allow parents and guardians of children to access New York State criminal history information regarding potential in-house caregivers being considered for employment. You may download a copy of this information in English, Spanish, Chinese, Russian, or Arabic. Using the information available from Kieran’s Law when looking for an in-home child care provider can help you make an informed decision. The following information has been provided by New York State Office of Children and Family Services.
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