The legislation was named after Kieran Dunne, a ten-month-old infant who was killed by a nanny whose past criminal record was kept hidden from the infant's family.
"When a parent entrusts the health and well-being of their child to a potential caregiver, they deserve to know if that individual has a criminal background," Governor Pataki said. "We must do all we can to protect our most sacred and loved treasures: the children of New York.
The Abuse of Kieran Dunne
Kieran's Law was introduced in response to the death of Kieran Dunne, who was brutally abused by a nanny with a criminal history. Kieran's mother attempted to do a criminal background check on the nanny before hiring her and found that State law prevented her. Had Mrs. Dunne been in possession of the nanny's criminal history information, she never would have hired the nanny and Kieran would be alive today.Kieran's Law applies to caregivers who provide child care in the child's home for 15 hours or more per week. The bill authorizes parents, upon the consent of the prospective nanny, to forward the nanny's fingerprints to the Division of Criminal Justice Services. DCJS will then send a copy of the fingerprints to the Federal Bureau of Investigation so that a criminal background search can be conducted.
Background Check
"Every child deserves the safety and security of nurturing and caring adults and every parent expects no less of the people they employ to watch after their children," said John Johnson, Commissioner of the State Office of Children and family Services.Once the FBI background check is completed, parents will be notified of any criminal convictions so that they can make an informed decision regarding the fitness and competency of their child's caretaker.
Protecting Families
"Kieran was tragically taken away by a nanny with a criminal history," the Governor said. "Kieran's family didn't know about the criminal history because the law barred them from finding out. Kieran's Law will protect families by allowing parents to have a criminal background search conducted on their child's potential caregiver."
The law took effect on November 3, 1998.
