Adobe PDF Pub. 4628 (100k) Also available in Spanish, Chinese, Russian, and Arabic.
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. Kieran's Law applies only to caregivers (e.g., nannies, baby sitters) who will be providing child care in the child's home for 15 hours or more per week.
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). DCJS will conduct a search of its records so that a criminal background search can be conducted.
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. A $75 fee, payable by the parents, will be charged for each background check conducted by DCJS. This fee may be reduced based on the prospective employer's financial situation and ability to pay.
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:
New York State Division of Criminal Justice Services
Criminal History Record Search Unit
4 Tower Place
Albany, New York 12203-3702
Or by calling:
(518) 485-7675 or (518) 457-9847
Criminal history information obtained from DCJS pursuant to Kieran's Law is confidential. Unauthorized disclosure or redirection of the information is a Class A misdemeanor, punishable by up to one year in prison.
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.
Other background information that may assist in making an informed decision regarding the suitability of a prospective caregiver may also be obtained. This information includes, but is not limited to, records from the New York State Department of Motor Vehicles, education records, and credit history information.
You may order a copy of an individual's New York State driving record by completing and mailing form MV-15 to the Department of Motor Vehicles.
Copies of the form may be obtained from:
You must specify the individual whose record you want by providing the following information on the form:
Personal information (address, eye color, height and sex) regarding an individual will only be released pursuant to a signed, notarized release from the individual whose driving record is sought.
Instructions regarding submission of the completed MV-15 form, applicable fees and other matters may be found on the back of the form. To assure processing of the form, please follow all its instructions.
Education records may be obtained from school(s) the prospective employee attended. Parents should contact the school(s) directly for further instructions on how to obtain this information and any applicable fees. Pursuant to the Federal Family Educational Rights and Privacy Act, educational records may only be disclosed pursuant to a written release signed by the person whose records are sought. The release must specify the records to be disclosed, the purpose of the disclosure, and to whom the records may be disclosed.
Credit history reports pertaining to the prospective employee may be requested from private credit history reporting agencies. Parents desiring this information should contact a credit history reporting agency for further instructions and applicable fees. All credit history requests must comply with the Federal Credit Reporting Act.
The New York State Office of Children and Family Services encourages parents to carefully and thoroughly evaluate all prospective caregivers before placing a child in care. The records described in this brochure can assist parents in that task. For further information regarding child care in New York State, please contact the:
New York State Office of Children & Family Services
Bureau of Early Childhood Services
Capital View Office Park
52 Washington Street
Rensselaer, New York 12144
Or by calling:
1-800-345-KIDS
New York State Office of Children & Family Services
Capital View Office Park
52 Washington Street
Rensselaer, New York 12144
Visit our website at:
www.ocfs.state.ny.us
For child care, foster care, and adoption information, call:
1-800-345-KIDS
To report child abuse and neglect, call:
1-800-342-3720
For information on the Abandoned Infant Protection Act, call:
1-866-505-SAFE
For information on services for the blind, call:
1-866-871-3000
1-866-871-6000 (TDD)
Pub. #4628 (Rev. 3/04)
New York State Office of Children and Family Services · 52 Washington Street · Rensselaer, New York 12144-2796