NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4003
SPONSOR: Clark TITLE OF BILL:
An act to amend the social services law, in relation to caregiver
requirements for certain day care homes
PURPOSE::
To lower the age of an "infant" from 2 years to 18 months for group
family day care homes and family day care homes.
SUMMARY OF PROVISIONS::
Section 1 amends the social services law to change the definition of an
infant to 18 months for group family day care homes and family day care
homes for supervisory purposes.
Section is the effective date.
JUSTIFICATION::
Office of Children and Family (OCFS) regulations state that an infant is
18 months of age and under (NYCRR 18 413.2), which applies to child day
care centers. However, for group family day care home and family day
care home programs, the age of a toddler is up to 24 months (§ 390(1)(d,
e)). The higher age set in law limits the availability of infant child-
care slots throughout the state because providers must utilize addi-
tional staff resources to maintain required ratios.
Changing the definition of toddler for these programs will free up
hundreds or possibly more infant childcare slots, which are the most in
demand throughout the state. The slots will be created without any loss
of quality or safety and without any new financial investments.
At a time when we are facing a severe shortage of licensed and quality
childcare slots, especially for infants, it would make sense to align
these definitions. If a toddler is up to 18-months of age in a child
care center, it would only make sense for it to be the same in home
based programs.
FISCAL IMPACT ON THE STATE:
None
LEGISLATIVE HISTORY::
New bill.
EFFECTIVE DATE::
This act shall take effect 180 days after having become law.
STATE OF NEW YORK
________________________________________________________________________
4003
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to caregiver
requirements for certain day care homes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (d) and (e) of subdivision 1 of section 390 of
2 the social services law, as amended by chapter 117 of the laws of 2010,
3 are amended to read as follows:
4 (d) "Group family day care home" shall mean a program caring for chil-
5 dren for more than three hours per day per child in which child day care
6 is provided in a family home for seven to twelve children of all ages,
7 except for those programs operating as a family day care home, as such
8 term is defined in paragraph (e) of this subdivision, which care for
9 seven or eight children. A group family day care provider may provide
10 child day care services to four additional children if such additional
11 children are of school age and such children receive services only
12 before or after the period such children are ordinarily in school or
13 during school lunch periods, or school holidays, or during those periods
14 of the year in which school is not in session. There shall be one care-
15 giver for every two children under [two years] eighteen months of age in
16 the group family home. A group family day care home must have at least
17 one assistant to the operator present when child day care is being
18 provided to seven or more children when none of the children are school
19 age, or nine or more children when at least two of the children are
20 school age and such children receive services only before or after the
21 period such children are ordinarily in school or during school lunch
22 periods, or school holidays, or during those periods of the year in
23 which school is not in session. This assistant shall be selected by the
24 group family day care operator and shall meet the qualifications estab-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06768-01-5
A. 4003 2
1 lished for such position by the regulations of the office of children
2 and family services.
3 (e) "Family day care home" shall mean a program caring for children
4 for more than three hours per day per child in which child day care is
5 provided in a family home for three to six children. There shall be one
6 caregiver for every two children under [two years] eighteen months of
7 age in the family day care home. A family day care provider may, howev-
8 er, care for seven or eight children at any one time if no more than six
9 of the children are less than school age and the school-aged children
10 receive care primarily before or after the period such children are
11 ordinarily in school, during school lunch periods, on school holidays,
12 or during those periods of the year in which school is not in session in
13 accordance with the regulations of the office of children and family
14 services and the office inspects such home to determine whether the
15 provider can care adequately for seven or eight children.
16 § 2. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law.
