STATE OF NEW YORK
________________________________________________________________________
9728
IN SENATE
April 2, 2026
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed 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-
25 lished for such position by the regulations of the office of children
26 and family services.
27 (e) "Family day care home" shall mean a program caring for children
28 for more than three hours per day per child in which child day care is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06768-01-5
S. 9728 2
1 provided in a family home for three to six children. There shall be one
2 caregiver for every two children under [two years] eighteen months of
3 age in the family day care home. A family day care provider may, howev-
4 er, care for seven or eight children at any one time if no more than six
5 of the children are less than school age and the school-aged children
6 receive care primarily before or after the period such children are
7 ordinarily in school, during school lunch periods, on school holidays,
8 or during those periods of the year in which school is not in session in
9 accordance with the regulations of the office of children and family
10 services and the office inspects such home to determine whether the
11 provider can care adequately for seven or eight children.
12 § 2. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law.
