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State lawmakers reach deal on bill to crack down on bogus child-care references

The New York Daily News - 6/18/2018

June 17--State lawmakers on Sunday announced an agreement on legislation that would crack down on people who give bogus references for nannies and other child care workers.

The deal crafted by Assemblyman Steve Otis (D-Westchester County) and state Sen. Andrew Lanza (R-S.I.) resolved a dispute between the Senate and Assembly over the severity of criminal penalties for child-care workers caught giving false information to prospective employers and allows the legislation to proceed toward a vote in both houses.

With only three session days remaining before the Legislature adjourns for the year, however, it remains uncertain whether the bill known as "Lulu and Leo's Law" has enough support to pass -- especially in the Democratic-controlled Assembly. The bill is named for the Manhattan children stabbed to death in 2012 by nanny Yoselyn Ortega.

"There is a need to close this gap in the law so parents can have assurance that they are getting accurate information," Otis said. "That is the case I will make for action this session. It must be clear that misrepresentation of qualifications for caregivers for children is against the law."

Otis and Lanza initially introduced separate versions of the bill. Lanza's bill would have made it a felony to knowingly provide a false written statement or reference to a potential employer of a child-care worker. Otis' bill, however, made the offense only a Class B misdemeanor, which carries a maximum jail sentence of three months.

The compromise reached over the weekend would make the crime a Class A misdemeanor, with the stipulation that jail sentences not exceed six months. It would also be applied only if the job the child-care worker was seeking was for 15 or more hours a week.

"I am hopeful that we can close this gap in state law this session and make sure families get accurate information," Otis said.

During Ortega's trial this year, the victims' parents, Kevin and Marina Krim, testified that they relied heavily on what turned out to be bogus background information provided on behalf of Ortega by her sister.

Kevin Krim has been working with Otis and Lanza on the bill and had urged the two lawmakers to reach an agreement on the measure.

"Marina and I are grateful that Assemblyman Otis and Sen. Lanza have been working together and have found a way to a joint bill that achieves our goals of deterrence and accountability to protect children, parents and child-care workers from false references," Krim said.

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