Bill > A127

Introduced Session

This bill requires State employers, or service providers holding a contract with a State employer to provide services involving children, to ascertain allegations of child abuse or sexual misconduct prior to awarding employment in certain positions that involve regular contact with children. The bill also requires a criminal history record background check and a child abuse record background check for each current or prospective employee of a State employer or service provider who is or would be employed in a position having regular contact with children. Under the bill, a State employer means any of the principal departments in the Executive Branch of this State, and any board, bureau, office, division, authority, or other instrumentality thereof. Application Information - Prospective Employees The bill requires each State employer or service provider to request from each applicant for employment in a position having regular contact with children detailed information concerning that person's employment history. Each such applicant would be required to provide (1) a list of the applicant's current employer, all former employers within the last 20 years, and an indication of which of those employment positions involved direct contact with children; (2) a written authorization that consents to and authorizes disclosure of the information requested and the release of related records by the applicant's employers, and that releases those employers from liability that may arise from the disclosure or release of records; and (3) a written statement as to whether the applicant has been the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Department of Children and Families, and whether the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated; has ever been disciplined, discharged, non-renewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct. The bill establishes penalties for the provision of false information by an applicant for employment; requires that current and former employers of an applicant respond to a State employer's or service provider's request for information within 20 days of that request; and allows the State employer or service provider to disqualify an applicant if the information on that person's application cannot be verified due to a non-response from a current or prior employer. The bill allows such disqualification or termination upon an affirmative response or finding of child abuse or sexual misconduct in an applicant's application or employment history. Under special or emergent circumstances, the bill allows a State employer or service provider to employ or contract with an applicant on a provisional basis for a period not to exceed 90 days pending review of an applicant's information, provided the applicant submitted the information requested and the State employer or service provider has no adverse knowledge or information pertaining to the applicant. The bill provides that the application records would not be subject to public disclosure under the "open public records act," and prohibits the State employer or service provider from entering into any contracts or agreements that would expunge application records or make it difficult to report findings of child abuse or sexual misconduct. Criminal History Record Background Check - Current and Prospective Employees The bill requires an applicant for employment and each current employee of a State employer or service provider who is or will be employed in a position which involves regular contact with children, to undergo a criminal history record background check as a condition of prospective or continuing employment. The prospective or current employee would be permanently disqualified from employment in that position if the criminal history record background check of that employee or applicant reveals a record of conviction for any of the following crimes and offenses: (1) a crime against a child, including endangering the welfare of a child and child pornography; child molestation; (2) abuse, abandonment or neglect of a child; (3) endangering the welfare of a person with a developmental disability; (4) sexual assault, criminal sexual contact or lewdness; (5) murder or manslaughter; (6) stalking; (7) kidnaping and related offenses including criminal restraint, false imprisonment, interference with custody, criminal coercion, or enticing a child into a motor vehicle, structure or isolated area; (8) arson, or causing or risking widespread injury or damage, which would constitute a crime of the second degree; (9) aggravated assault, which would constitute a crime of the second or third degree; (10) robbery, which would constitute a crime of the first degree; (11) burglary, which would constitute a crime of the second degree; (12) domestic violence; (13) terroristic threats; and (14) an attempt or conspiracy to commit any of these crimes or offenses. Under the bill, for crimes and offenses other than those listed, an employee or applicant may be eligible for employment if the individual has affirmatively demonstrated clear and convincing evidence of rehabilitation. Child Abuse Record Information Check - Current and Prospective Employees The bill further requires each applicant for employment and each current employee of a State employer or service provider who will be or is employed in a position which involves regular contact with children to undergo a child abuse record information check. The State employer or service provider would be required to conduct that check to determine if an incident of child abuse or neglect has been substantiated against the prospective or current employee. Under the bill, if a current or prospective employee refuses to consent to, or cooperate in, the conduct of a child abuse record information check, the person would be ineligible for or immediately terminated from employment. The bill provides that a current employee of a State employer or service provider, or an applicant for employment, who is or will be employed in a position which involves regular contact with children, would be permanently disqualified from employment in that position if the child abuse record information check of that employee or applicant reveals a record of conviction for child abuse.

AI Summary

Committee Categories

Don Guardian (R)*,  Aura Dunn (R),  Vicky Flynn (R),  Michele Matsikoudis (R),  Nancy Muñoz (R),  Carol Murphy (D),  Jay Webber (R), 

Introduced, Referred to Assembly State and Local Government Committee (on 01/09/2024)

Official Document