Bill Text: NY A08966 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 27-3)

Status: (Introduced) 2024-03-18 - print number 8966a [A08966 Detail]

Download: New_York-2023-A08966-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8966

                   IN ASSEMBLY

                                    January 31, 2024
                                       ___________

        Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
          tee on Children and Families

        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.
    21    (a) The office of children and family services shall promulgate  regu-
    22  lations   which  establish  minimum  quality  program  requirements  for
    23  licensed and registered child day care homes, programs  and  facilities.
    24  Such  requirements  shall include but not be limited to (i) the need for
    25  age appropriate activities, materials and equipment  to  promote  cogni-
    26  tive,  educational,  social, cultural, physical, emotional, language and
    27  recreational development of children in care  in  a  safe,  healthy  and
    28  caring environment (ii) principles of childhood development (iii) appro-
    29  priate  staff/child  ratios  for family day care homes, group family day
    30  care homes, school age day care programs and day care centers,  provided

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13298-05-3
        A. 8966                             2

     1  however  that  such  staff/child ratios shall not be less stringent than
     2  applicable staff/child ratios as set forth in part  four  hundred  four-
     3  teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
     4  teen  of title eighteen of the New York code of rules and regulations as
     5  of January first, two thousand (iv) appropriate levels of supervision of
     6  children in care (v) minimum standards for sanitation, health, infection
     7  control, nutrition, buildings and  equipment,  safety,  security  proce-
     8  dures,  first  aid,  fire  prevention, fire safety, evacuation plans and
     9  drills, prevention of child abuse and maltreatment, staff qualifications
    10  and training, record keeping, and child behavior management (vi)  educa-
    11  tion on overdose prevention.
    12    (i) The office of children and family services shall establish a toll-
    13  free statewide telephone number and electronic mail to receive inquiries
    14  about  child  day  care homes, programs and facilities and complaints of
    15  violations of the requirements of this section or regulations promulgat-
    16  ed under this section. The office of children and family services  shall
    17  develop  a  system for investigation, which shall include inspection, of
    18  such complaints. The office of children and family services may  provide
    19  for  such  investigations  through  purchase  of services. The office of
    20  children and family services shall develop  a  process  for  publicizing
    21  such  toll-free  telephone  number and electronic mail to the public for
    22  making inquiries or complaints about child day care homes,  programs  or
    23  facilities.  A child day care provider shall be required to display such
    24  toll free telephone number and electronic mail alongside their license.
    25    6.  Unless  otherwise limited by law, a parent with legal custody or a
    26  legal guardian of any child in a  child  day  care  program  shall  have
    27  unlimited  and  on  demand  access to such child or ward. Such parent or
    28  guardian unless otherwise limited by law, also shall have the  right  to
    29  inspect  on demand during its hours of operation any area of a child day
    30  care center, group family day care home, school-age child care  program,
    31  or  family  day  care  home to which the child or ward of such parent or
    32  guardian has access or which could present a hazard to  the  health  and
    33  safety  of  the  child  or ward.   Such right to inspect shall be posted
    34  alongside the child day care provider's license.
    35    (a) The department shall implement on a statewide  basis  programs  to
    36  educate parents and other potential consumers of child day care programs
    37  about  their  selection  and  use.  The  department may provide for such
    38  implementation through the purchase of services.  Such  education  shall
    39  include, but not be limited to, the following topics:
    40    (i) types of child day care programs;
    41    (ii)  factors  to  be considered in selecting and evaluating child day
    42  care programs;
    43    (iii) regulations of the department governing the operation of differ-
    44  ent types of programs;
    45    (iv) rights of parents or guardians in relation to access to  children
    46  and inspection of child day care programs;
    47    (v)  information  concerning the availability of child day care subsi-
    48  dies;
    49    (vi) information about licensing and registration requirements;
    50    (vii) prevention of child abuse and maltreatment  in  child  day  care
    51  programs, including screening of child day care providers and employees;
    52    (viii) tax information; [and]
    53    (ix)  factors  to  be considered in selecting and evaluating child day
    54  care programs when a child needs administration  of  medications  during
    55  the time enrolled[.]; and
        A. 8966                             3

     1    (x)  all information required to be displayed or posted by a child day
     2  care provider.
     3    §  2.    Section 390 of the social services law is amended by adding a
     4  new subdivision 15 to read as follows:
     5    15. All inspections of the premises of any  child  day  care  provider
     6  pursuant  to  the provisions of this section shall include only a visual
     7  inspection of every room and closet in the home or facility.
     8    § 3. Subdivision 1 of section 390-a of the  social  services  law,  as
     9  amended  by chapter 416 of the laws of 2000, is amended and a new subdi-
    10  vision 6 is added to read as follows:
    11    1. All office of children and  family  services  and  municipal  staff
    12  employed  to accept registrations, issue licenses or conduct inspections
    13  of child day care homes, programs or facilities, subject to the  amounts
    14  appropriated therefor, shall receive training in at least the following:
    15  regulations  promulgated  by  the office of children and family services
    16  pursuant to section three hundred ninety  of  this  title;  child  abuse
    17  prevention  and  identification; safety and security procedures in child
    18  day care settings; the principles of childhood  development,  [and]  the
    19  laws,  regulations  and  procedures governing the protection of children
    20  from abuse or maltreatment, and the identification of illegal drugs  and
    21  common paraphernalia.
    22    6.  (a)  All  providers  of  child day care shall provide and maintain
    23  onsite opioid antagonists, as defined in  section  thirty-three  hundred
    24  nine  of  the  public  health law, in quantities and types deemed by the
    25  commissioner of health. Such opioid antagonists shall be  accessible  by
    26  every  operator, program director, employee and assistant for use during
    27  emergencies to any individual on premises suspected of having an  opioid
    28  overdose whether or not there is a previous history of opioid abuse.
    29    (b)  The  office of children and family services, in consultation with
    30  the department of health  and  the  office  of  addiction  services  and
    31  supports,  shall  provide  child  day care providers and a parent, legal
    32  guardian, or relative within the third degree of  consanguinity  of  the
    33  parent of such child, information to obtain overdose prevention training
    34  and free opioid antagonists through existing programs or services.
    35    (c)  Any  person  or  entity  acting  reasonably  and in good faith in
    36  compliance with this subdivision shall not be subject to criminal, civil
    37  or administrative liability solely by reason of such action.
    38    § 4. Subparagraphs (ix) and (x) of paragraph (b) of subdivision  3  of
    39  section  390-a  of the social services law, subparagraph (ix) as amended
    40  and subparagraph (x) as added by chapter 675 of the laws  of  2019,  are
    41  amended and a new subparagraph (xi) is added to read as follows:
    42    (ix)  for  operators,  program  directors, employees and assistants of
    43  family day care homes, group family day care homes and  child  day  care
    44  centers,  education and information on the identification, diagnosis and
    45  prevention of shaken baby syndrome; [and]
    46    (x) adverse childhood experiences  (ACEs),  focused  on  understanding
    47  trauma and on nurturing resiliency[.]; and
    48    (xi) overdose prevention training pursuant to a program approved under
    49  section thirty-three hundred nine of the public health law.
    50    §  5.  This  act shall take effect on the ninetieth day after it shall
    51  have become a law. Effective immediately, the addition, amendment and/or
    52  repeal of any rule or regulation necessary  for  the  implementation  of
    53  this  act  on its effective date are authorized to be made and completed
    54  on or before such effective date.