§ 390-b. Criminal history review and background clearances of child\ncare providers, generally.\n 1. Notwithstanding any other provision of law to the contrary, and\nsubject to rules and regulations of the office of children and family\nservices and, where applicable, the division of criminal justice\nservices, the following clearances shall be conducted for entities\nspecified in subdivision two of this section in the time and manner as\nrequired by this section:\n (a) a criminal history record check with the division of criminal\njustice services;\n (b) a search of the criminal history repository in each state other\nthan New York where such person resides or resided during the preceding\nfive years, if applicable unless such state's criminal history record\ninformation will be provided as part of the results or the clearance\nconducted pursuant to paragraph (c) of this subdivision;\n (c) a national criminal record check with the federal bureau of\ninvestigation; the division of criminal justice services is directed to\nsubmit fingerprints to the federal bureau of investigation for the\npurpose of a nationwide criminal history record check, pursuant to and\nconsistent with public law 113-186 to determine whether such persons\nshall have a criminal history in any state or federal jurisdiction;\n (d) a search of the New York state sex offender registry;\n (e) a search of any state sex offender registry or repository in each\nstate other than New York where such person resides or resided during\nthe preceding five years, if applicable unless such state's sex offender\nregistry information will be provided as part of the clearance conducted\npursuant to paragraph (f) of this subdivision;\n (f) a search of the national sex offender registry using the national\ncrime and information center, established under the Adam Walsh child\nprotection and safety act of 2006 (42 U.S.C. 16901 et seq.);\n (g) a database check of the statewide central register of child abuse\nand maltreatment in accordance with section four hundred twenty-four-a\nof this article; and\n (h) a search of a state-based child abuse or neglect repository of any\nstate other than New York where such person resides or resided during\nthe preceding five years; if applicable.\n 1-a. For purposes of this section, and in accordance with federal law,\nthe term "enrolled legally-exempt provider" shall refer to a person who\nmeets the definition of "enrolled legally-exempt provider" as defined in\nparagraph (g) of subdivision one of section three hundred ninety of this\ntitle and who is not an individual who is related to all children for\nwhom child care services are provided.\n 2. In relation to any child day care program and any enrolled\nlegally-exempt provider:\n (a) the clearances required pursuant to paragraphs (a), (c), (d) and\n(g) of subdivision one of this section shall be conducted for:\n (i) every prospective volunteer with the potential for unsupervised\ncontact with children in care;\n (ii) every applicant to become an enrolled legally-exempt provider;\n (iii) every prospective employee, director or operator of such a\nprogram or provider; and\n (iv) every individual eighteen years of age and over residing or who\nbegins to reside in a home where services are or will be provided in a\nfamily or group family setting; and\n (v) every individual eighteen years of age and over residing or who\nbegins to reside in a home where services are or will be provided who\nare not related in any way to all children receiving services as or will\nbe provided by an enrolled legally exempt provider;\n (b) notwithstanding any other provision of law to the contrary, prior\nto October first, two thousand twenty, all clearances listed in\nsubdivision one of this section that have not previously been conducted\npursuant to paragraph (a) of this subdivision and for which on-going\ncriminal history results are not already provided, shall be conducted in\naccordance w
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