STATE OF NEW YORK
________________________________________________________________________
4530
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. MORINELLO -- read once and referred to the
Committee on Children and Families
AN ACT to amend the social services law, in relation to requiring
certain child day care centers to have video surveillance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The social services law is amended by adding a new section
2 390-n to read as follows:
3 § 390-n. Child day care center; video surveillance. 1. Each child day
4 care center, as defined in paragraph (c) of subdivision one of section
5 three hundred ninety of this title, or any authorized agency, as defined
6 in paragraph (a) of subdivision ten of section three hundred seventy-one
7 of this title, including any agency boarding home or group home, which
8 on a regular basis cares for a child under the age of three shall:
9 (a) place video recording equipment in each area of the child day care
10 center occupied by children who are three years of age or younger;
11 (b) visually monitor and record each area of the child day care center
12 occupied by children who are three years of age or younger any time such
13 children are present in such area.
14 2. If a child day care center is inside of or connected to a school,
15 office building, or other facility, the child day care center shall only
16 be required to place video recording equipment in and visually monitor
17 and record areas used as classrooms.
18 3. A child day care center shall not be required to visually monitor
19 and record an area when such area is not occupied by a child who is
20 three years of age or younger.
21 4. Visual monitoring and recording shall not occur, except for inci-
22 dental coverage by video recording equipment of a minor portion of such
23 area due to the layout of the child day care center:
24 (a) inside of a bathroom;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02792-01-5
A. 4530 2
1 (b) other than the main instructional area of a classroom, in any area
2 in which a child's clothes or diapers are changed; and
3 (c) the main instructional area of a classroom when a child's clothes
4 or diapers are changed in such area.
5 5. A child day care center shall release to an appropriate department,
6 commission, law enforcement agency, or other governmental entity for
7 viewing any part of a recording which:
8 (a) may show an alleged incident of abuse or neglect of a child or a
9 violation of a licensing standard such entity is investigating; or
10 (b) is required to conduct a monitoring inspection.
11 6. Each child day care center shall retain recordings made under this
12 section for at least ninety days from the date such recordings were
13 made. Provided, however, if a person requests to view a recording from
14 a child day care center under subdivision five of this section, such
15 recording shall be retained until:
16 (a) a determination is made as to if an alleged incident of abuse or
17 neglect occurred on such recording and, if it is determined that such
18 incident occurred on such recording, until such incident is resolved,
19 including the exhaustion of any and all appeals; or
20 (b) the completion of the monitoring inspection.
21 § 2. This act shall take effect one year after it shall have become a
22 law. Effective immediately, the addition, amendment and/or repeal of any
23 rule or regulation necessary for the implementation of this act on its
24 effective date are authorized to be made and completed on or before such
25 effective date.
