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A09202 Summary:

BILL NOA09202
 
SAME ASNo Same As
 
SPONSORGandolfo
 
COSPNSRDurso, Curran, Norris, Gallahan, Jensen, Slater, Brown K, Lemondes, Giglio JM, DeStefano, Bendett, Tague, Flood, Ra, DiPietro, Brook-Krasny, McGowan, Giglio JA
 
MLTSPNSR
 
Amd §390, Soc Serv L
 
Relates to the establishment of a waiver for child care learning pods; provides that unlicensed and unregulated child care learning pods may operate if there are otherwise no violations of laws or codes, rules, and regulations of New York and such child care learning pod is compliant with the local laws, codes, rules, and regulations of such local municipality in which they are located and operated; provides for civil penalty for violations.
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A09202 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9202
 
                   IN ASSEMBLY
 
                                    February 16, 2024
                                       ___________
 
        Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
          tee on Children and Families
 
        AN  ACT  to amend the social services law, in relation to the establish-
          ment of a waiver for child care learning pods
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 1 of section 390 of the social services law is
     2  amended by adding a new paragraph (h) to read as follows:
     3    (h) (i) "Child care learning pod" shall mean an unlicensed and unregu-
     4  lated child care provider outside of the regulation of this  article  or
     5  title  eighteen  of  the  New  York  codes,  rules and regulations, that
     6  provides child care or educational services to at least  three,  but  no
     7  more  than  six  children  between the ages of zero-years-old and seven-
     8  teen-years-old who: (1) are not residents at such  home  in  which  such
     9  child  care learning pod is located and operated and (2) are not related
    10  to any person residing at such home in which a child care  learning  pod
    11  is  located  and  operated.  Such  operator of a child care learning pod
    12  shall be at least eighteen years of age.
    13    (ii) Any child care learning pod operating as an unlicensed and unreg-
    14  ulated child care learning pod outside of the regulation of this article
    15  or title eighteen of the New York  codes,  rules  and  regulations,  may
    16  operate  if there are otherwise no violations of laws, codes, rules, and
    17  regulations of the state of New York and such child care learning pod is
    18  compliant pursuant to the local laws, codes, rules, and  regulations  of
    19  such local municipality in which it is located and operated.
    20    (iii)  Any  home providing child day care as a child care learning pod
    21  shall have a waiver signed by such operator of such child care  learning
    22  pod  and such parent or guardian of each child at such child care learn-
    23  ing pod submitted to the office of children and family services,  on  an
    24  annual  basis,  for  as long as such child attends a child care learning
    25  pod. The office of children and family services shall be responsible for
    26  establishing a uniform waiver to be used which shall include but is  not
    27  limited to the following:
    28    (1) the name and age of such operator of such child care learning pod;
    29    (2) the location of such child care learning pod;
    30    (3) the days and hours such child care learning pod shall be in use;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13896-01-3

        A. 9202                             2
 
     1    (4)  the  name  and age of any person who shall provide paid or unpaid
     2  child care or educational services to children at such location of  such
     3  child care learning pod;
     4    (5)  the name of all adults and children residents at such location of
     5  such child care learning pod;
     6    (6) the name of such parent or guardian of such child who shall attend
     7  such child care learning pod;
     8    (7) the name and age of such child who shall attend  such  child  care
     9  learning pod;
    10    (8) the date of such first day that such child shall attend such child
    11  care learning pod;
    12    (9)  an  affirmation  by such operator of such child care learning pod
    13  that no individuals convicted of any crime resides at such location;
    14    (10) an affirmation by such operator of such child care  learning  pod
    15  that  such  location of such child care learning pod has no known struc-
    16  tural issues and that such building is up  to  code  pursuant  to  local
    17  zoning codes;
    18    (11)  an affirmation by such operator that such location of such child
    19  care learning pod has at least one functional and operating bathroom and
    20  toilet;
    21    (12) an affirmation that such location of such child care learning pod
    22  has functional and operational water and sewage service;
    23    (13) an affirmation that such location of such child care learning pod
    24  has functional and operational heating, ventilation, and air  condition-
    25  ing;
    26    (14) an acknowledgement that such child care learning pod shall not be
    27  under the direct review or following regulations set forth by the office
    28  of  children  and  family services due to its unlicensed and unregulated
    29  status;
    30    (15) an acknowledgement that there are child care  providers  licensed
    31  and regulated by the office of children and family services;
    32    (16)  an  affirmation and signature of such parent or guardian of such
    33  child attending such child care learning pod that  they  have  read  and
    34  understand this waiver;
    35    (17)  an affirmation and signature of such operator of such child care
    36  learning pod that they have read this waiver and shall submit it to  the
    37  office of children and family services; and
    38    (18)  any  other  requirements  as  the  office of children and family
    39  services determines is necessary to include.
    40    (iv) Within six months following the effective date of this paragraph,
    41  the office of children and family services  shall  prepare  and  publish
    42  such waiver on its public website and make such waiver available for use
    43  by child care learning pod operators.
    44    (v)  A civil penalty in an amount of up to one thousand dollars may be
    45  issued by the office of children and family services for a violation  of
    46  this  paragraph.  Such  child care learning pod shall be given two weeks
    47  from such date its first violation was issued to submit such waiver.  In
    48  the  event  that  the  office  of  children and family services does not
    49  receive such waiver within two weeks following such date as provided  by
    50  this  subparagraph,  an  additional  civil penalty of up to one thousand
    51  dollars may be issued. An additional civil penalty of up to two thousand
    52  dollars may be issued by the office of children and family services  for
    53  each  two-week period succeeding such initial two weeks from the date of
    54  such original issuance of such violation.
    55    § 2. This act shall take effect immediately.
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