{"jurisdiction": "us-ny", "code": "penal", "section": "260.35", "citation": "Penal Law § 260.35", "heading": "Misrepresentation by, or on behalf of, a caregiver for a child or children", "text": ["§ 260.35 Misrepresentation by, or on behalf of, a caregiver for a child", "or children.", "1. A person is guilty of misrepresentation by, or on behalf of, a caregiver for a child or children when he or she:", "(a) intentionally makes a false written statement about himself, herself, or another person while he or she, or such other person, is being considered for employment, or while under employment as a caregiver to a parent or guardian of a child or children, or the agent of a parent or guardian, and", "(b) such statement contains a materially false representation regarding the caregiver's background related to the ability to safely care for a child or children, and", "(c) a reasonable person would have relied upon such statement in making an employment decision.", "2. For the purposes of this section, \"caregiver\" shall mean a person employed by or being considered for employment to provide fifteen or more hours of care per week to a child or children in the home of such child or children or in the home of such caregiver, provided that such term shall not apply to a child day care provider required to be licensed pursuant to the social services law.", "Misrepresentation by, or on behalf of, a caregiver for a child or children is a class A misdemeanor, provided, however, that if any sentence of imprisonment is imposed for a conviction under this section, term of imprisonment shall not exceed six months."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/260.35", "from_official_api": true, "plain_english": "- **(1)** A person commits this offense by **intentionally making a materially false written statement about the person’s own or another prospective or current caregiver’s safety-related background** to a child’s parent, guardian, or agent, when a reasonable person would rely on it in hiring. ★\n- **(2)** A **caregiver** provides or is being considered to provide **15 or more hours of care per week** in the child’s or caregiver’s home, excluding child-day-care providers who must be licensed.\nThe offense is a **class A misdemeanor**, but any jail term may not exceed **6 months**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/260.35", "publisher": "Elyphived LLC"}