Requires inspections of child day care homes, programs and facilities include the full premises; requires providers of a family day care home or group family day care home to disclose to the office of children and family services all persons who reside in the home where child day care is being provided; requires all providers of child day care to receive training for, provide and maintain onsite opioid antagonists for use during emergencies.
STATE OF NEW YORK
________________________________________________________________________
8966--A
IN ASSEMBLY
January 31, 2024
___________
Introduced by M. of A. ALVAREZ -- read once and referred to the Commit-
tee on Children and Families -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to inspections of
child day care homes, programs and facilities, and opioid overdose
prevention
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (iv) of paragraph (d) of subdivision 2, para-
2 graph (a) of subdivision 2-a, subparagraph (i) of paragraph (c) of
3 subdivision 3, subdivision 6 and paragraph (a) of subdivision 7 of
4 section 390 of the social services law, subparagraph (iv) of paragraph
5 (d) of subdivision 2 and subdivision 6 as added by chapter 750 of the
6 laws of 1990, subdivision 2-a as added and subparagraph (i) of paragraph
7 (c) of subdivision 3 as amended by chapter 416 of the laws of 2000, and
8 paragraph (a) of subdivision 7 as amended by chapter 160 of the laws of
9 2003, are amended to read as follows:
10 (iv) (A) Child day care providers who have been issued a license shall
11 openly display such license in the facility or home for which the
12 license is issued. Child day care providers who have registered with the
13 department shall provide proof of registration upon request.
14 (B) Home based child day care providers who have been issued a license
15 shall additionally openly display the number of household members living
16 in the home and update when there is any change in household. Child day
17 care providers must disclose the most recently updated information imme-
18 diately upon request to an inspector, parent, legal guardian, or rela-
19 tive within the third degree of consanguinity of the parent of such
20 child.
21 (a) The office of children and family services shall promulgate regu-
22 lations which establish minimum quality program requirements for
23 licensed and registered child day care homes, programs and facilities.
24 Such requirements shall include but not be limited to (i) the need for
25 age appropriate activities, materials and equipment to promote cogni-
26 tive, educational, social, cultural, physical, emotional, language and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13298-07-4
A. 8966--A 2
1 recreational development of children in care in a safe, healthy and
2 caring environment (ii) principles of childhood development (iii) appro-
3 priate staff/child ratios for family day care homes, group family day
4 care homes, school age day care programs and day care centers, provided
5 however that such staff/child ratios shall not be less stringent than
6 applicable staff/child ratios as set forth in part four hundred four-
7 teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
8 teen of title eighteen of the New York code of rules and regulations as
9 of January first, two thousand (iv) appropriate levels of supervision of
10 children in care (v) minimum standards for sanitation, health, infection
11 control, nutrition, buildings and equipment, safety, security proce-
12 dures, first aid, fire prevention, fire safety, evacuation plans and
13 drills, prevention of child abuse and maltreatment, staff qualifications
14 and training, record keeping, and child behavior management (vi) educa-
15 tion on overdose prevention.
16 (i) The office of children and family services shall establish a toll-
17 free statewide telephone number and electronic mail to receive inquiries
18 about child day care homes, programs and facilities and complaints of
19 violations of the requirements of this section or regulations promulgat-
20 ed under this section. The office of children and family services shall
21 develop a system for investigation, which shall include inspection, of
22 such complaints. The office of children and family services may provide
23 for such investigations through purchase of services. The office of
24 children and family services shall develop a process for publicizing
25 such toll-free telephone number and electronic mail to the public for
26 making inquiries or complaints about child day care homes, programs or
27 facilities. A child day care provider shall be required to display such
28 toll free telephone number and electronic mail alongside their license.
29 6. Unless otherwise limited by law, a parent with legal custody or a
30 legal guardian of any child in a child day care program shall have
31 unlimited and on demand access to such child or ward. Such parent or
32 guardian unless otherwise limited by law, also shall have the right to
33 inspect on demand during its hours of operation any area of a child day
34 care center, group family day care home, school-age child care program,
35 or family day care home to which the child or ward of such parent or
36 guardian has access or which could present a hazard to the health and
37 safety of the child or ward. Such right to inspect shall be posted
38 alongside the child day care provider's license.
39 (a) The department shall implement on a statewide basis programs to
40 educate parents and other potential consumers of child day care programs
41 about their selection and use. The department may provide for such
42 implementation through the purchase of services. Such education shall
43 include, but not be limited to, the following topics:
44 (i) types of child day care programs;
45 (ii) factors to be considered in selecting and evaluating child day
46 care programs;
47 (iii) regulations of the department governing the operation of differ-
48 ent types of programs;
49 (iv) rights of parents or guardians in relation to access to children
50 and inspection of child day care programs;
51 (v) information concerning the availability of child day care subsi-
52 dies;
53 (vi) information about licensing and registration requirements;
54 (vii) prevention of child abuse and maltreatment in child day care
55 programs, including screening of child day care providers and employees;
56 (viii) tax information; [and]
A. 8966--A 3
1 (ix) factors to be considered in selecting and evaluating child day
2 care programs when a child needs administration of medications during
3 the time enrolled[.]; and
4 (x) all information required to be displayed or posted by a child day
5 care provider.
6 § 2. Section 390 of the social services law is amended by adding a
7 new subdivision 15 to read as follows:
8 15. All inspections of the premises of any child day care provider
9 pursuant to the provisions of this section shall include only a visual
10 inspection of every room and closet in the home or facility.
11 § 3. Subdivision 1 of section 390-a of the social services law, as
12 amended by chapter 416 of the laws of 2000, is amended and a new subdi-
13 vision 6 is added to read as follows:
14 1. All office of children and family services and municipal staff
15 employed to accept registrations, issue licenses or conduct inspections
16 of child day care homes, programs or facilities, subject to the amounts
17 appropriated therefor, shall receive training in at least the following:
18 regulations promulgated by the office of children and family services
19 pursuant to section three hundred ninety of this title; child abuse
20 prevention and identification; safety and security procedures in child
21 day care settings; the principles of childhood development, [and] the
22 laws, regulations and procedures governing the protection of children
23 from abuse or maltreatment, and to recognize the presence of controlled
24 substances as defined under section thirty-three hundred six of the
25 public health law and common paraphernalia.
26 6. (a) All providers of child day care shall provide and maintain
27 onsite opioid antagonists, as defined in section thirty-three hundred
28 nine of the public health law, in quantities and types deemed by the
29 commissioner of health. Such opioid antagonists shall be out of reach
30 from children and accessible by every operator, program director,
31 employee and assistant for use during emergencies to any individual on
32 premises suspected of having an opioid overdose whether or not there is
33 a previous history of opioid abuse.
34 (b) The office of children and family services, in consultation with
35 the department of health and the office of addiction services and
36 supports, shall provide child day care providers and a parent, legal
37 guardian, or relative within the third degree of consanguinity of the
38 parent of such child, information on how to obtain overdose prevention
39 training and opioid antagonists. Such information shall include free
40 opioid antagonists through existing programs or services.
41 (c) Any person or entity acting reasonably and in good faith in
42 compliance with this subdivision shall not be subject to criminal, civil
43 or administrative liability solely by reason of such action.
44 § 4. Subparagraphs (ix) and (x) of paragraph (b) of subdivision 3 of
45 section 390-a of the social services law, subparagraph (ix) as amended
46 and subparagraph (x) as added by chapter 675 of the laws of 2019, are
47 amended and a new subparagraph (xi) is added to read as follows:
48 (ix) for operators, program directors, employees and assistants of
49 family day care homes, group family day care homes and child day care
50 centers, education and information on the identification, diagnosis and
51 prevention of shaken baby syndrome; [and]
52 (x) adverse childhood experiences (ACEs), focused on understanding
53 trauma and on nurturing resiliency[.]; and
54 (xi) overdose prevention training pursuant to a program approved under
55 section thirty-three hundred nine of the public health law.
A. 8966--A 4
1 § 5. This act shall take effect on the ninetieth day after it shall
2 have become a law. Effective immediately, the addition, amendment and/or
3 repeal of any rule or regulation necessary for the implementation of
4 this act on its effective date are authorized to be made and completed
5 on or before such effective date.
