Allows neighborhoods an opportunity to be heard regarding the licensing of a child day care center caring for seven or more children or a group family day care program.
STATE OF NEW YORK
________________________________________________________________________
6689
2011-2012 Regular Sessions
IN ASSEMBLY
March 24, 2011
___________
Introduced by M. of A. CURRAN -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to allowing neigh-
borhoods an opportunity to be heard regarding the licensing of a child
day care center caring for seven or more children or a group family
day care program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 390 of the social services law is amended by adding
2 a new subdivision 1-a to read as follows:
3 1-a. If an applicant for a license for either a child day care center
4 caring for seven or more children or a group family day care program
5 intends to establish such child day care at a location that is zoned
6 only as residential, prior to granting such a license, the department
7 must provide the neighborhood in which such child day care will be
8 located, an opportunity to be heard. Notice must be given in compliance
9 with procedures determined by the commissioner and shall include, but
10 not be limited to, written notice to all owners and/or occupants of
11 residences within a five residence radius of the proposed child day care
12 location, and shall provide a method for those notified to object to the
13 licensing of such child day care. An objection shall qualify the matter
14 to be treated as an adjudicatory proceeding as provided for in article
15 three of the state administrative procedure act. The department will
16 make the final determination as to the licensing of an opposed child day
17 care location. In making its determination, the department shall take
18 into consideration the benefit to the applicant and the neighborhood if
19 the license is granted, as weighed against the detriment to the health,
20 safety and welfare of the neighborhood or community by such grant. In
21 making such determination the department shall also consider whether an
22 undesirable change will be produced in the character of the neighborhood
23 or a detriment to nearby properties will be created by the granting of
24 the license.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08526-01-1
