Bill Text: NY A04978 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires daycare facilities to maintain evacuation and lockdown plans for children with disabilities during an emergency situation.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - referred to education [A04978 Detail]

Download: New_York-2023-A04978-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4978--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced  by M. of A. SANTABARBARA, GONZALEZ-ROJAS, BURDICK, WILLIAMS,
          COLTON,  SAYEGH,  GLICK,  SIMONE,  GUNTHER,  KELLES,  BENDETT,  TAGUE,
          JENSEN,   DeSTEFANO,   McDONOUGH,   K. BROWN,   BRABENEC,   MANKTELOW,
          J. A. GIGLIO, RAGA, REYES, TAPIA, LEVENBERG, MCGOWAN, FLOOD, LEMONDES,
          CHANG -- read once and referred  to  the  Committee  on  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee

        AN ACT to amend the  social  services  law,  in  relation  to  requiring
          daycare facilities to maintain evacuation and lockdown plans for chil-
          dren with disabilities during an emergency situation

          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.  Emergency  evacuation  and lockdown plans for children with
     4  disabilities in daycare facilities. 1. (a) Notwithstanding any provision
     5  of law to the contrary, it shall be the duty of every owner and/or oper-
     6  ator of a child daycare facility operating in the state to establish and
     7  maintain emergency evacuation and lockdown plans for children with disa-
     8  bilities within one hundred twenty days of the effective  date  of  this
     9  section.    For purposes of this section, "child daycare facility" shall
    10  include the child care programs set forth in subdivision one of  section
    11  three  hundred  ninety  of  this  title, except for an "enrolled legally
    12  exempt provider" as such term is defined in paragraph (g) of such subdi-
    13  vision.
    14    (b) The emergency evacuation and lockdown plan shall  be  provided  to
    15  the office of children and family services within seven days of the plan
    16  being finalized.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04786-05-3
        A. 4978--B                          2

     1    2.  Each  emergency  evacuation and lockdown plan required pursuant to
     2  this section shall  include,  but  not  be  limited  to,  the  following
     3  elements:
     4    (a) procedures for evacuating children with disabilities;
     5    (b) lockdown procedures for children with disabilities;
     6    (c) a list of children attending the daycare facility who have a disa-
     7  bility  and  who would need assistance during an evacuation, lockdown or
     8  any other emergency situation; and
     9    (d) the location and type of evacuation or lockdown assistance devices
    10  or assistive technologies that are available within the daycare  facili-
    11  ty.
    12    3.  To  the extent practicable, each emergency evacuation and lockdown
    13  plan shall take into account the particular disabilities the children in
    14  the daycare facility may have.
    15    4. (a) Each daycare facility shall make the plan required pursuant  to
    16  this section available upon request to:
    17    (i) local law enforcement and emergency responders;
    18    (ii) employees and other personnel of the programs as deemed necessary
    19  for  purposes  of  being able to carry out and comply with the emergency
    20  evacuation and lockdown plans set forth in this section; and
    21    (iii) a parent or custodian; provided, however, a parent or  custodian
    22  may  only  receive plan information that pertains directly to a child in
    23  their care and custody.
    24    (b) All information related to a youth's diagnoses,  disabilities,  or
    25  identification must remain confidential as required by federal and state
    26  law.
    27    4.  A  copy  of  the  plan shall be maintained at all times in a place
    28  easily accessible by law enforcement, emergency responders  and  daycare
    29  facility employees.
    30    5.  On  an  annual basis, every daycare facility shall update the plan
    31  and provide the office of children  and  family  services,  parents  and
    32  facility  employees with notice detailing the updated provisions of such
    33  plan, in accordance with the provisions set forth in this section.
    34    § 2. This act shall take effect immediately.