New York State Assembly

 
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A08082 Summary:

A08082 Actions:

A08082 Committee Votes:

Committee:CHILDREN AND FAMILIES   Chair:Hevesi      
DATE:02/27/2024AYE/NAY:17/0  Action: Favorable         
Hevesi
Aye
Byrnes
Aye
Davila
Aye
Flood
Aye
Vanel
Aye
Maher
Aye
Jean-Pierre
Aye
McGowan
Aye
Darling
Aye
Pirozzolo
Aye
Anderson
Aye
Clark
Aye
Lunsford
Aye
Meeks
Aye
Gonzalez-Rojas
Aye
Mitaynes
Aye
Chandler-Waterm
Aye

A08082 Floor Votes:

A08082 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8082A
 
SPONSOR: Paulin

 
TITLE OF BILL:
 
An act to amend the social services law, in relation to training certain
staff accepting registrations, issuing licenses or conducting
inspections of child day care homes, programs or facilities on the
recognition of controlled substances
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To require that all staff of children and family services and municipal
staff employed to conduct inspections of child day care homes, programs,
and facilities are trained to detect controlled substances during
inspections.
 
 
SUMMARY OF PROVISIONS:
 
Section one of the bill amends section 390-a of the social services law
to require all staff employed to accept registrations, issue licenses,
or conduct inspections of child day care homes, programs, or facilities
are trained to detect controlled substances during inspections.
 
Section two of the bill provides the effective date.
 
 
JUSTIFICATION:
 
On September 15; 2023, a kilogram of fentanyl was found at a Bronx day
care site after the owner of the day care called 911 to report the four
children in her care, all under the age of three, were unresponsive. One
child was pronounced dead at the hospital shortly thereafter, the other
three children were hospitalized with serious injuries and given Narcan.
 
Just a week prior, on September 6th, inspectors made an unannounced
visit to the day care to inspect the site. The inspector found the day
care center to be in full compliance with all laws and regulations and
no violations were found.
 
A few days following the horrific tragedy, the Commissioner of New York
City Department of Health and Mental Hygiene stated, "one of the things
my childcare inspectors are not trained to do is look for fentanyl, but
maybe we need to Start." Further explaining, "that has not been a part
of our thinking for decades or years in doing this work."
 
While inspectors in New York State have not historically been trained to
look for controlled substances during inspections, it is critical to the
safety of our most vulnerable that we start. The law must be updated to
reflect the society we live in, and, sadly, this is not the first time a
licensed day care center has been used as a front to traffic drugs. In
2013, more than a kilogram of cocaine, over 1,000 pills of oxycodone and
150 grams of crack-cocaine were found in a house licensed as a day care
center in New York City.
 
This bill will amend the social services law to require inspectors of
day care centers, programs, and facilities to be trained in the
detection of controlled substances. If we train our inspectors to look
for fentanyl, cocaine, or other controlled substances during
 
inspections, we will protect our children and prevent senseless trage-
dies like this from happening again in the future.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
Immediately.

A08082 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8082--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                   September 29, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on  Children  and Families -- recommitted to the Committee on Children
          and Families in accordance with Assembly Rule 3, sec. 2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the social services law, in relation to training certain
          staff   accepting   registrations,   issuing  licenses  or  conducting
          inspections of child day care homes, programs  or  facilities  on  the
          recognition of controlled substances
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 390-a of the social services  law,
     2  as  amended  by  chapter  416 of the laws of 2000, is amended to read as
     3  follows:
     4    1. All office of children and  family  services  and  municipal  staff
     5  employed  to accept registrations, issue licenses or conduct inspections
     6  of child day care homes, programs or facilities, subject to the  amounts
     7  appropriated therefor, shall receive training in at least the following:
     8  regulations  promulgated  by  the office of children and family services
     9  pursuant to section three hundred ninety  of  this  title;  child  abuse
    10  prevention  and  identification; safety and security procedures in child
    11  day care settings, which  shall  include  recognizing  the  presence  of
    12  controlled  substances as defined under section thirty-three hundred six
    13  of the public health law; the principles of childhood  development,  and
    14  the  laws,  regulations and procedures governing the protection of chil-
    15  dren from abuse or maltreatment.
    16    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13310-02-4