§ 378-a. Access to conviction records by authorized agencies. 1.\nEvery authorized agency which operates a residential program for\nchildren licensed or certified by the office of children and family\nservices, and the office of children and family services in relation to\nany juvenile justice program it operates, shall request that the justice\ncenter for the protection of people with special needs check, and upon\nsuch request, such justice center shall request and shall be authorized\nto receive from the division of criminal justice services and the\nfederal bureau of investigation criminal history information, as such\nphrase is defined in paragraph (c) of subdivision one of section eight\nhundred forty-five-b of the executive law concerning each prospective\noperator, employee or volunteer of such a residential program who will\nhave regular and substantial unsupervised or unrestricted physical\ncontact with children in such program.\n (a) Provided however, any authorized agency required to request\ncriminal history information pursuant to this subdivision that operates\na residential program for foster children that is licensed or certified\nby the office of children and family services shall request that the\njustice center for the protection of people with special needs check,\nand upon such request, such justice center shall request and shall be\nauthorized to receive from the division of criminal justice services and\nthe federal bureau of investigation criminal history information, as\nsuch phrase is defined in paragraph (c) of subdivision one of section\neight hundred forty-five-b of the executive law, for every: (i)\nprospective employee of such program that is not already required to be\ncleared pursuant to the opening paragraph of this subdivision; and (ii)\nnotwithstanding any other provision of law to the contrary, prior to\nApril first, two thousand twenty and in accordance with a schedule\ndeveloped by the office of children and family services, any person who\nis employed in a residential foster care program that has not previously\nhad a clearance conducted pursuant to this section in connection to such\nemployment.\n (b) For the purposes of this section, "operator" shall include any\nnatural person with an ownership interest in the authorized agency.\n (c) Access to and the use of information obtained pursuant to this\nsubdivision shall be governed by the provisions of section eight hundred\nforty-five-b of the executive law.\n 1-a. Excluding the authorized agencies authorized to request and\nreceive criminal history information pursuant to subdivision one of this\nsection, and subject to the rules and regulations of the division of\ncriminal justice services, an authorized agency defined in subdivision\nten of section three hundred seventy-one of this title shall have access\nto criminal history information, as such phrase is defined in paragraph\n(c) of subdivision one of section eight hundred forty-five-b of the\nexecutive law, pertaining to persons who have applied for and are under\nactive consideration for employment by such authorized agency in\npositions where such persons will have the potential for regular and\nsubstantial unsupervised and unrestricted physical contact with children\nin the program. Upon receipt of such criminal history information, the\nauthorized agency shall provide the prospective employee with a copy of\nsuch criminal history information and a copy of article twenty-three-A\nof the correction law and inform such prospective employee of his or her\nright to seek correction of any incorrect information contained in such\ncriminal history information pursuant to the regulations and procedures\nestablished by the division of criminal justice services. The authorized\nagency shall designate one or two persons in its employ who shall be\nauthorized to request, receive and review the criminal history\ninformation pursuant to this subdivision, and only such persons and the\npr
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