413.4(a) · The following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act for any prospective operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, as defined in section (2) of this part, and any person age eighteen (18) or older living in a prospective, or who begins to live, in a group family day care home or family day care home:

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413.4(c)(3) · a search of the state-based child abuse or neglect repository of any state other than New York where such person lives or lived during the preceding five years.

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413.4(e)(1)(iv) · Any person or program required to submit to clearances pursuant to this section shall be deemed ineligible, as such term is defined in paragraph (2) of this subdivision, if such person: has been convicted of a felony consisting of:

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413.4(f)(1)(i) · When a clearance conducted pursuant to this section reveals that a prospective or existing operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, as defined in section (2) of this part, and a person age eighteen (18) or older living in a prospective, who begins to live, or is living in a group family day care home or family day care home has been convicted of a crime set forth in subparagraphs (iv) and (v) of paragraph (1) of subdivision (e) of this section may not operate, volunteer in, work in, or live in a child care program.

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417.2(e) · Applicants for renewal of a registration may not be issued a registration until an inspection of the family day care home has been conducted showing compliance with the requirements of this Part and the relevant provisions of the Social Services Law.

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417.15(a)(1)(ii) · Each family day care home must operate in compliance with the regulations of the Office and all other applicable laws and regulations.

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417.15(b)(19)(i) · Within five days of a household member turning eighteen (18) years of age or a person eighteen (18) years of age or older beginning to live in the residence, the program must: submit the State Central Register of Child Abuse And Maltreatment database check forms necessary to complete required screening by the Statewide Central Register of Child Abuse and Maltreatment to determine if the person is the subject of an indicated report of child abuse or maltreatment; and

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417.15(b)(19)(ii) · Within five days of a household member turning eighteen (18) years of age or a person eighteen (18) years of age or older beginning to live in the residence, the program must: submit the forms necessary to check the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs pursuant to Section 495 of the Social Services Law; and

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417.15(b)(19)(iii) · Within five days of a household member turning eighteen (18) years of age or a person eighteen (18) years of age or older beginning to live in the residence, the program must: submit the necessary fingerprint image necessary to complete the criminal history review required pursuant to section 413.4 of this Article.

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