Two New York lawmakers held an event in Albany on Oct. 8, 2026, to push a bill that would let a human services worker carry one background clearance from job to job instead of starting over. State Sen. Patricia Fahy and Assemblymember John T. McDonald III announced the effort in a Senate press release, joined by Northern Rivers Family of Services. The bill is S10320 in the Senate and A11424 in the Assembly.

What the bill would do

The bill would have the commissioner of the Office of Children and Family Services set up a "Portable Clearance Passport" program with one uniform background check process. The participating agencies named in the bill are the Justice Center for the Protection of People with Special Needs, OCFS, the Department of Health, the Office of Mental Health, the Office for People with Developmental Disabilities and the State Education Department, plus any other agency the commissioner adds.

  • Who must accept it: the participating agencies and any provider they license, certify, operate or regulate that requires background checks would have to accept a valid passport in place of a duplicate check.
  • Exceptions: an agency could still require more screening when federal law calls for it, or when it decides it needs more information to protect people's health or safety.
  • Verification: a secure electronic system would let providers check a passport's status and let workers see their own background records.
  • Length: the commissioner would set how long a passport lasts, up to five years, and write rules for renewal, suspension and revocation.

The bill also amends Executive Law Section 553, which has the Justice Center review criminal history for people applying to work at facilities and provider agencies run, licensed or certified by OMH, OPWDD and OCFS, so that the Justice Center would accept a valid passport. A new Public Health Law section would require the Department of Health to accept it too, unless federal law requires more screening. The bill would take effect immediately.

Where it stands

Fahy introduced S10320 on May 13, 2026, and it went to the Senate Social Services Committee. A11424 was introduced on May 15 and sent to the Assembly Health Committee. As of Oct. 8, neither committee had acted. Willie Leak, an executive program director at Northern Rivers, said in the release: "When qualified staff are hired and ready to work but are waiting on duplicative clearances, the impact is felt across the entire program."

Why this matters for providers and DSPs

For OPWDD provider agencies, a new hire who already cleared a check at another agency may still have to wait for a new check before starting, and current staff pick up the shifts in the meantime. A passport would mainly help direct support professionals who move between employers or work across systems, such as a DSP who also works for a mental health or children's services provider. It would not drop screening: the bill keeps federal requirements and lets agencies ask for more. Frontline supervisors and HR staff should watch how a passport would sit alongside the checks they run today. The bill is still in committee, so nothing changes yet.