Dear Provider Letters (DPL) for Licensed/Regulated and Legally Exempt From NYS OCFS
NYS OCFS released regulations on September 25, 2019, to enact the federal requirements of CCDBG. During the time allowed for public comment, they received over 400 responses and have revised regulation where appropriate to provide relief to the field. There are two major revisions to be aware of.
Provisional Employment:
Starting February 7, 2020, new employees of child care programs will be able to begin work under supervision, after they have submitted their fingerprints for the FBI and state clearance check, but before they have received full approval.
To clarify, submitted fingerprints means going to get printed. Programs are expected to maintain a receipt of being fingerprinted at the program for any such provisional individual.
Such a person may begin work but must be supervised until they receive a letter from OCFS saying they are fully cleared.
Provisional status individuals MUST be supervised at all times by someone with an approved background clearance. They must NEVER be alone with children.
This change is made possible due to a federal waiver.
Itinerant Providers
On January 13, 2020, OCFS put forward policy guidance allowing itinerant service providers to be unsupervised with children through either a parental consent form or a waiver of space process.
OCFS has revised its regulations to clarify that itinerant service providers may be considered volunteers so that they may complete the comprehensive background clearance requirements.
Once receiving a comprehensive background clearance, such service providers can work unsupervised.
For those itinerant service providers who do not want to undergo the background check process, they can either remain supervised with children or exercise one of the January 13 options.