Bill Text: NY A06689 | 2011-2012 | General Assembly | Introduced

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Bill Title: Allows neighborhoods an opportunity to be heard regarding the licensing of a child day care center caring for seven or more children or a group family day care program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-04-25 - held for consideration in children and families [A06689 Detail]

Download: New_York-2011-A06689-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6689
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 24, 2011
                                      ___________
       Introduced by M. of A. CURRAN -- read once and referred to the Committee
         on Children and Families
       AN  ACT to amend the social services law, in relation to allowing neigh-
         borhoods an opportunity to be heard regarding the licensing of a child
         day care center caring for seven or more children or  a  group  family
         day care program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 390 of the social services law is amended by adding
    2  a new subdivision 1-a to read as follows:
    3    1-A. IF AN APPLICANT FOR A LICENSE FOR EITHER A CHILD DAY CARE  CENTER
    4  CARING  FOR  SEVEN  OR  MORE CHILDREN OR A GROUP FAMILY DAY CARE PROGRAM
    5  INTENDS TO ESTABLISH SUCH CHILD DAY CARE AT A  LOCATION  THAT  IS  ZONED
    6  ONLY  AS  RESIDENTIAL,  PRIOR TO GRANTING SUCH A LICENSE, THE DEPARTMENT
    7  MUST PROVIDE THE NEIGHBORHOOD IN WHICH  SUCH  CHILD  DAY  CARE  WILL  BE
    8  LOCATED,  AN OPPORTUNITY TO BE HEARD. NOTICE MUST BE GIVEN IN COMPLIANCE
    9  WITH PROCEDURES DETERMINED BY THE COMMISSIONER AND  SHALL  INCLUDE,  BUT
   10  NOT  BE  LIMITED  TO,  WRITTEN  NOTICE TO ALL OWNERS AND/OR OCCUPANTS OF
   11  RESIDENCES WITHIN A FIVE RESIDENCE RADIUS OF THE PROPOSED CHILD DAY CARE
   12  LOCATION, AND SHALL PROVIDE A METHOD FOR THOSE NOTIFIED TO OBJECT TO THE
   13  LICENSING OF SUCH CHILD DAY CARE. AN OBJECTION SHALL QUALIFY THE  MATTER
   14  TO  BE  TREATED AS AN ADJUDICATORY PROCEEDING AS PROVIDED FOR IN ARTICLE
   15  THREE OF THE STATE ADMINISTRATIVE PROCEDURE ACT.   THE  DEPARTMENT  WILL
   16  MAKE THE FINAL DETERMINATION AS TO THE LICENSING OF AN OPPOSED CHILD DAY
   17  CARE  LOCATION.  IN  MAKING ITS DETERMINATION, THE DEPARTMENT SHALL TAKE
   18  INTO CONSIDERATION THE BENEFIT TO THE APPLICANT AND THE NEIGHBORHOOD  IF
   19  THE  LICENSE IS GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH,
   20  SAFETY AND WELFARE OF THE NEIGHBORHOOD OR COMMUNITY BY  SUCH  GRANT.  IN
   21  MAKING  SUCH DETERMINATION THE DEPARTMENT SHALL ALSO CONSIDER WHETHER AN
   22  UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD
   23  OR A DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE  GRANTING  OF
   24  THE LICENSE.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08526-01-1