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
________________________________________________________________________
7815--A
2023-2024 Regular Sessions
IN SENATE
December 13, 2023
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Children and Families in accordance with Senate Rule
6, sec. 8 -- 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13298-06-4
S. 7815--A 2
1 (a) The office of children and family services shall promulgate regu-
2 lations which establish minimum quality program requirements for
3 licensed and registered child day care homes, programs and facilities.
4 Such requirements shall include but not be limited to (i) the need for
5 age appropriate activities, materials and equipment to promote cogni-
6 tive, educational, social, cultural, physical, emotional, language and
7 recreational development of children in care in a safe, healthy and
8 caring environment (ii) principles of childhood development (iii) appro-
9 priate staff/child ratios for family day care homes, group family day
10 care homes, school age day care programs and day care centers, provided
11 however that such staff/child ratios shall not be less stringent than
12 applicable staff/child ratios as set forth in part four hundred four-
13 teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
14 teen of title eighteen of the New York code of rules and regulations as
15 of January first, two thousand (iv) appropriate levels of supervision of
16 children in care (v) minimum standards for sanitation, health, infection
17 control, nutrition, buildings and equipment, safety, security proce-
18 dures, first aid, fire prevention, fire safety, evacuation plans and
19 drills, prevention of child abuse and maltreatment, staff qualifications
20 and training, record keeping, and child behavior management (vi) educa-
21 tion on overdose prevention.
22 (i) The office of children and family services shall establish a toll-
23 free statewide telephone number and electronic mail to receive inquiries
24 about child day care homes, programs and facilities and complaints of
25 violations of the requirements of this section or regulations promulgat-
26 ed under this section. The office of children and family services shall
27 develop a system for investigation, which shall include inspection, of
28 such complaints. The office of children and family services may provide
29 for such investigations through purchase of services. The office of
30 children and family services shall develop a process for publicizing
31 such toll-free telephone number and electronic mail to the public for
32 making inquiries or complaints about child day care homes, programs or
33 facilities. A child day care provider shall be required to display such
34 toll free telephone number and electronic mail alongside their license.
35 6. Unless otherwise limited by law, a parent with legal custody or a
36 legal guardian of any child in a child day care program shall have
37 unlimited and on demand access to such child or ward. Such parent or
38 guardian unless otherwise limited by law, also shall have the right to
39 inspect on demand during its hours of operation any area of a child day
40 care center, group family day care home, school-age child care program,
41 or family day care home to which the child or ward of such parent or
42 guardian has access or which could present a hazard to the health and
43 safety of the child or ward. Such right to inspect shall be posted
44 alongside the child day care provider's license.
45 (a) The department shall implement on a statewide basis programs to
46 educate parents and other potential consumers of child day care programs
47 about their selection and use. The department may provide for such
48 implementation through the purchase of services. Such education shall
49 include, but not be limited to, the following topics:
50 (i) types of child day care programs;
51 (ii) factors to be considered in selecting and evaluating child day
52 care programs;
53 (iii) regulations of the department governing the operation of differ-
54 ent types of programs;
55 (iv) rights of parents or guardians in relation to access to children
56 and inspection of child day care programs;
S. 7815--A 3
1 (v) information concerning the availability of child day care subsi-
2 dies;
3 (vi) information about licensing and registration requirements;
4 (vii) prevention of child abuse and maltreatment in child day care
5 programs, including screening of child day care providers and employees;
6 (viii) tax information; [and]
7 (ix) factors to be considered in selecting and evaluating child day
8 care programs when a child needs administration of medications during
9 the time enrolled[.]; and
10 (x) all information required to be displayed or posted by a child day
11 care provider.
12 § 2. Section 390 of the social services law is amended by adding a
13 new subdivision 15 to read as follows:
14 15. All inspections of the premises of any child day care provider
15 pursuant to the provisions of this section shall include only a visual
16 inspection of every room and closet in the home or facility.
17 § 3. Subdivision 1 of section 390-a of the social services law, as
18 amended by chapter 416 of the laws of 2000, is amended and a new subdi-
19 vision 6 is added to read as follows:
20 1. All office of children and family services and municipal staff
21 employed to accept registrations, issue licenses or conduct inspections
22 of child day care homes, programs or facilities, subject to the amounts
23 appropriated therefor, shall receive training in at least the following:
24 regulations promulgated by the office of children and family services
25 pursuant to section three hundred ninety of this title; child abuse
26 prevention and identification; safety and security procedures in child
27 day care settings; the principles of childhood development, [and] the
28 laws, regulations and procedures governing the protection of children
29 from abuse or maltreatment, and to recognize the presence of controlled
30 substances as defined under section thirty-three hundred six of the
31 public health law and common paraphernalia.
32 6. (a) All providers of child day care shall provide and maintain
33 onsite opioid antagonists, as defined in section thirty-three hundred
34 nine of the public health law, in quantities and types deemed by the
35 commissioner of health. Such opioid antagonists shall be out of reach
36 from children and accessible by every operator, program director,
37 employee and assistant for use during emergencies to any individual on
38 premises suspected of having an opioid overdose whether or not there is
39 a previous history of opioid abuse.
40 (b) The office of children and family services, in consultation with
41 the department of health and the office of addiction services and
42 supports, shall provide child day care providers and a parent, legal
43 guardian, or relative within the third degree of consanguinity of the
44 parent of such child, information on how to obtain overdose prevention
45 training and opioid antagonists. Such information shall include free
46 opioid antagonists through existing programs or services.
47 (c) Any person or entity acting reasonably and in good faith in
48 compliance with this subdivision shall not be subject to criminal, civil
49 or administrative liability solely by reason of such action.
50 § 4. Subparagraphs (ix) and (x) of paragraph (b) of subdivision 3 of
51 section 390-a of the social services law, subparagraph (ix) as amended
52 and subparagraph (x) as added by chapter 675 of the laws of 2019, are
53 amended and a new subparagraph (xi) is added to read as follows:
54 (ix) for operators, program directors, employees and assistants of
55 family day care homes, group family day care homes and child day care
S. 7815--A 4
1 centers, education and information on the identification, diagnosis and
2 prevention of shaken baby syndrome; [and]
3 (x) adverse childhood experiences (ACEs), focused on understanding
4 trauma and on nurturing resiliency[.]; and
5 (xi) overdose prevention training pursuant to a program approved under
6 section thirty-three hundred nine of the public health law.
7 § 5. This act shall take effect on the ninetieth day after it shall
8 have become a law. Effective immediately, the addition, amendment and/or
9 repeal of any rule or regulation necessary for the implementation of
10 this act on its effective date are authorized to be made and completed
11 on or before such effective date.
