Bill Text: NY A04978 | 2023-2024 | General Assembly | Amended
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
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. LBD04786-05-3A. 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.