Bill Text: NY S08804 | 2017-2018 | General Assembly | Amended
Bill Title: Provides that the period of licensure or certification for child care providers shall be for four years; relates to required inspections and background clearances; directs the office of children and family services to promulgate necessary rules and regulations setting forth training requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-16 - PRINT NUMBER 8804A [S08804 Detail]
Download: New_York-2017-S08804-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8804--A IN SENATE May 18, 2018 ___________ Introduced by Sen. HELMING -- (at request of the Office of Children and Family Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to the initial period of licensure or registration and required inspections, back- ground clearances and training for child care providers; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 1 of 2 section 390 of the social services law, as added by chapter 750 of the 3 laws of 1990, is amended to read as follows: 4 (i) "Child day care" shall mean child care where a license or regis- 5 tration pursuant to this section is required and shall include care for 6 a child on a regular basis provided away from the child's residence for 7 less than twenty-four hours per day by someone other than: (1) the 8 parent, step-parent, guardian, or relative within the third degree of 9 consanguinity of the parents or step-parents of such child; or (2) an 10 enrolled legally-exempt provider as such term is defined in paragraph 11 (g) of this subdivision. 12 § 2. Subdivision 1 of section 390 of the social services law is 13 amended by adding two new paragraphs (g) and (h) to read as follows: 14 (g) "Enrolled legally-exempt provider" shall mean a person or entity 15 that is not required to be licensed or registered pursuant to this 16 section and that is enrolled to provide subsidized child care services 17 to eligible families in accordance with title five-c of this article and 18 the regulations of the office of children and family services. 19 (h) "Relative enrolled legally-exempt provider" shall mean an enrolled 20 legally-exempt provider who is an individual, age eighteen or older, and 21 who, by virtue of blood, marriage or court decree, is, to all of the 22 children that such person is enrolled to provide subsidized child care 23 services to in accordance with title five-c of this article: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14334-07-8S. 8804--A 2 1 (i) a grandparent; 2 (ii) a great-grandparent; 3 (iii) a sibling provided that such sibling resides in a separate 4 household from the child; 5 (iv) an aunt; or 6 (v) an uncle. 7 § 3. Paragraph (a) of subdivision 2 of section 390 of the social 8 services law, as amended by chapter 117 of the laws of 2010, is amended 9 to read as follows: 10 (a) Child day care centers caring for seven or more children and group 11 family day care programs, as defined in subdivision one of this section, 12 shall obtain a license from the office of children and family services 13 and shall operate in accordance with the terms of such license and the 14 regulations of such office. Initial licenses [shall be valid for a peri-15od of up to two years;] and subsequent licenses shall be valid for a 16 period of up to four years so long as the provider remains substantially 17 in compliance with applicable law and regulations during such period. 18 § 4. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2 19 of section 390 of the social services law, as amended by chapter 117 of 20 the laws of 2010, is amended to read as follows: 21 (A) Initial registrations [shall be valid for a period of up to two22years,] and subsequent registrations shall be valid for a period of up 23 to four years so long as the provider remains substantially in compli- 24 ance with applicable law and regulations during such period. 25 § 5. Paragraphs (a) and (b) of subdivision 3 of section 390 of the 26 social services law, paragraph (a) as amended by chapter 416 of the laws 27 of 2000, and paragraph (b) as amended by chapter 117 of the laws of 28 2010, are amended to read as follows: 29 (a) The office of children and family services may make announced or 30 unannounced inspections of the records and premises of any child [day] 31 care provider, whether or not such provider has a license from, or is 32 registered with, the office of children and family services. The office 33 of children and family services shall make unannounced inspections of 34 the records and premises of any child day care provider within fifteen 35 days after the office of children and family services receives a 36 complaint that, if true, would indicate such provider does not comply 37 with the applicable regulations of the office of children and family 38 services or with statutory requirements. If the complaint indicates that 39 there may be imminent danger to the children, the office of children and 40 family services shall investigate the complaint no later than the next 41 day of operation of the provider. The office of children and family 42 services may provide for inspections through the purchase of services. 43 (b) (i) Where inspections have been made and violations of applicable 44 statutes or regulations have been found, the office of children and 45 family services shall within ten days advise the child day care provider 46 in writing of the violations and require the provider to correct such 47 violations. The office of children and family services may also act 48 pursuant to subdivisions ten and eleven of this section. 49 (ii) Where inspections have been made and violations of applicable 50 statutes or regulations have been found, the office of children and 51 family services or its designee shall, within ten days, advise the 52 enrolled legally-exempt provider in writing of the violations and 53 require the provider to correct such violations. 54 § 6. Paragraph (a) of subdivision 4 of section 390 of the social 55 services law, as amended by chapter 416 of the laws of 2000, is amended 56 to read as follows:S. 8804--A 3 1 (a) The office of children and family services on an annual basis 2 shall inspect [at least twenty percent of all registered family day care3homes, registered child day care centers and registered school age child4care programs to determine whether such homes, centers and programs are5operating in compliance with applicable statutes and regulations. The6office of children and family services shall increase the percentage of7family day care homes, child day care centers and school age child care8programs which are inspected pursuant to this subdivision as follows: to9at least thirty percent by the thirty-first of December two thousand;10and to at least fifty percent by the thirty-first of December two thou-11sand one] all child day care programs and all enrolled legally-exempt 12 providers other than relative enrolled legally-exempt providers. The 13 office of children and family services may provide for such inspections 14 through purchase of services. [Priority shall be given to family day15care homes which have never been licensed or certified prior to initial16registration.] 17 § 7. Subdivision 3 of section 390-a of the social services law, as 18 amended by chapter 416 of the laws of 2000, paragraph (b) as amended by 19 chapter 552 of the laws of 2003, subparagraph (ix) as amended by chapter 20 117 of the laws of 2010, is amended to read as follows: 21 3. (a) The office of children and family services shall promulgate 22 regulations requiring operators, program directors, employees and 23 assistants of family day care homes, group family day care homes, 24 school-age child care programs and child day care centers to receive 25 pre-service and annual training, as applicable. Provided however that 26 such providers shall be required to receive thirty hours of training 27 every two years; provided, further however, that fifteen hours of such 28 training must be received within the first six months of the initial 29 licensure, registration or employment. Such training requirements shall 30 also apply to any volunteer in such day care homes, programs or centers 31 who has the potential for regular and substantial contact with children. 32 The thirty hours of training required during the first biennial cycle 33 after initial licensure or registration shall include training received 34 while an application for licensure or registration pursuant to section 35 three hundred ninety of this title is pending. The office of children 36 and family services may provide this training through purchase of 37 services. 38 (b) The training required in paragraph (a) of this subdivision shall 39 address topics and subject matters required by federal law and the 40 following topics or subject matters, unless such topics or subject 41 matters are substantially covered in training that is required pursuant 42 to federal law: 43 (i) principles of childhood development, focusing on the developmental 44 stages of the age groups for which the program provides care; 45 (ii) nutrition and health needs of infants and children; 46 (iii) child day care program development; 47 (iv) safety and security procedures; 48 (v) business record maintenance and management; 49 (vi) child abuse and maltreatment identification and prevention; 50 (vii) statutes and regulations pertaining to child day care; 51 (viii) statutes and regulations pertaining to child abuse and 52 maltreatment; and 53 (ix) for operators, program directors, employees and assistants of 54 family day care homes, group family day care homes and child day care 55 centers, education and information on the identification, diagnosis and 56 prevention of shaken baby syndrome.S. 8804--A 4 1 (c) For the thirty hours of biennial training required after the 2 initial period of licensure or registration, each provider who can 3 demonstrate basic competency shall determine in which of the specified 4 topics he or she needs further study, based on the provider's experience 5 and the needs of the children in the provider's care. 6 (d) Family day care home and group family day care home operators 7 shall obtain training pertaining to protection of the health and safety 8 of children, as required by regulation, prior to the issuance of a 9 license or registration by the office of children and family services. 10 (e) Upon request by the office of children and family services, the 11 child day care applicant or provider shall submit documentation demon- 12 strating compliance with the training requirements of this section. 13 § 8. The section heading of section 390-b of the social services law, 14 as added by chapter 416 of the laws of 2000, is amended to read as 15 follows: 16 Criminal history review and background clearances of child care 17 providers, generally. 18 § 9. Subdivisions 1, 2 and 3 of section 390-b of the social services 19 law are REPEALED and five new subdivisions 1, 1-a, 2, 3 and 3-a are 20 added to read as follows: 21 1. Notwithstanding any other provision of law to the contrary, and 22 subject to rules and regulations of the office of children and family 23 services and, where applicable, the division of criminal justice 24 services, the following clearances shall be conducted for entities spec- 25 ified in subdivision two of this section in the time and manner as 26 required by this section: 27 (a) a criminal history record check with the division of criminal 28 justice services; 29 (b) a search of the criminal history repository in each state other 30 than New York where such person resides or resided during the preceding 31 five years, if applicable unless such state's criminal history record 32 information will be provided as part of the results or the clearance 33 conducted pursuant to paragraph (c) of this subdivision; 34 (c) a national criminal record check with the federal bureau of inves- 35 tigation; the division of criminal justice services is directed to 36 submit fingerprints to the federal bureau of investigation for the 37 purpose of a nationwide criminal history record check, pursuant to and 38 consistent with public law 113-186 to determine whether such persons 39 shall have a criminal history in any state or federal jurisdiction; 40 (d) a search of the New York state sex offender registry; 41 (e) a search of any state sex offender registry or repository in each 42 state other than New York where such person resides or resided during 43 the preceding five years, if applicable unless such state's sex offender 44 registry information will be provided as part of the clearance conducted 45 pursuant to paragraph (f) of this subdivision; 46 (f) a search of the national sex offender registry using the national 47 crime and information center, established under the Adam Walsh child 48 protection and safety act of 2006 (42 U.S.C. 16901 et seq.); 49 (g) a database check of the statewide central register of child abuse 50 and maltreatment in accordance with section four hundred twenty-four-a 51 of this article; and 52 (h) a search of a state-based child abuse or neglect repository of any 53 state other than New York where such person resides or resided during 54 the preceding five years; if applicable. 55 1-a. For purposes of this section, and in accordance with federal law, 56 the term "enrolled legally-exempt provider" shall refer to a person whoS. 8804--A 5 1 meets the definition of "enrolled legally-exempt provider" as defined in 2 paragraph (g) of subdivision one of section three hundred ninety of this 3 title and who is not an individual who is related to all children for 4 whom child care services are provided. 5 2. In relation to any child day care program and any enrolled legal- 6 ly-exempt provider: 7 (a) the clearances required pursuant to paragraphs (a), (c), (d) and 8 (g) of subdivision one of this section shall be conducted for: 9 (i) every prospective volunteer with the potential for unsupervised 10 contact with children in care; 11 (ii) every applicant to become an enrolled legally-exempt provider; 12 (iii) every prospective caregiver or employee, including directors and 13 operators of such a program; and 14 (iv) where the child care services will be or are provided in a home 15 setting where the child does not reside, any individual age eighteen or 16 older who, for a prospective program, resides, or who, for an existing 17 program, begins residing on the premises where the child care services 18 are provided; 19 (b) notwithstanding any other provision of law to the contrary, prior 20 to October first, two thousand twenty, all clearances listed in subdivi- 21 sion one of this section that have not previously been conducted pursu- 22 ant to paragraph (a) of this subdivision and for which on-going criminal 23 history results are not already provided, shall be conducted in accord- 24 ance with a schedule developed by the office of children and family 25 services, for all: 26 (i) existing volunteers with the potential for unsupervised contact 27 with children in care; 28 (ii) existing caregivers and employees including directors and opera- 29 tors of any such program; and 30 (iii) where the child care services are provided in a home setting 31 where the child does not reside, any individual age eighteen or older 32 who resides on the premises where the child care services are provided; 33 (c) notwithstanding any other provision of law to the contrary, the 34 clearances required pursuant to this section other than those for which 35 on-going criminal history results are provided, shall be conducted for a 36 person listed in subparagraphs (i), (ii) and (iii) of paragraph (b) of 37 this subdivision at least once every five years in accordance with a 38 schedule developed by the office of children and family services. 39 3. (a) Notwithstanding any other provision of law to the contrary, in 40 relation to the clearances required pursuant this section, an individual 41 or a program shall be deemed ineligible, as such term is defined in 42 paragraph (b) of this subdivision, if such individual: 43 (i) refuses to consent to such clearance; 44 (ii) knowingly makes a materially false statement in connection with 45 such a clearance; 46 (iii) is registered, or is required to be registered, on a state sex 47 offender registry or repository or the national sex offender registry 48 established under the Adam Walsh child protection and safety act of 2006 49 (42 U.S.C. 16901 et seq.); or 50 (iv) has been convicted of a crime enumerated in subparagraph (E) or 51 clauses (i) through (viii) of subparagraph (D) of paragraph (1) of 52 subdivision (C) of 42 U.S.C. 9858f. 53 (b) For purpose of this subdivision, the term "ineligible" shall mean: 54 (i) the individual who engaged in conduct listed in paragraph (a) of 55 this subdivision shall not be permitted to:S. 8804--A 6 1 (1) operate, direct, be the caregiver for, or be employed by a child 2 day care program or an enrolled legally-exempt provider; or 3 (2) be a volunteer with the potential for unsupervised contact with 4 children in a child day care program or with an enrolled legally-exempt 5 provider; or 6 (3) be an enrolled legally-exempt provider; or 7 (ii) in relation to child day care programs or any enrolled legally- 8 exempt providers, where child care is, or is proposed to be provided, to 9 a child in a home setting where such child does not reside, such program 10 or provider shall not be eligible to operate or to be enrolled to serve 11 children receiving child care subsidies pursuant to title five-c of this 12 article, if an individual over the age of eighteen who resides in the 13 household where child care is, or is proposed to be provided, engaged in 14 conduct listed in paragraph (a) of this subdivision. 15 3-a. (a) In relation to child day care programs and any enrolled 16 legally-exempt provider, when a clearance conducted pursuant to this 17 section reveals that any existing operator, director, caregiver, or 18 person over the age of eighteen that resides in a home where child care 19 is provided in a home setting where the child does not reside has been 20 convicted of a crime other than one set forth in subparagraph (iv) of 21 paragraph (a) of subdivision three of this section, the office of chil- 22 dren and family services shall conduct a safety assessment of the 23 program and take all appropriate steps to protect the health and safety 24 of the children in the program, and may deny, limit, suspend, revoke or 25 reject such program's license or registration or terminate or reject 26 such program's enrollment, as applicable, unless the office of children 27 and family services, determines in its discretion, that continued opera- 28 tion by the child day care program or enrolled legally-exempt provider 29 will not in any way jeopardize the health, safety or welfare of the 30 children cared for in the program or by the provider. 31 (b) In relation to child day care programs and any enrolled legally- 32 exempt provider, when a clearance conducted pursuant to this section 33 reveals that any existing employee or volunteer with the potential for 34 unsupervised contact with children has been convicted of a crime other 35 than one set forth in subparagraph (iv) of paragraph (a) of subdivision 36 three of this section, the office of children of family services shall 37 conduct a safety assessment of the program and take all appropriate 38 steps to protect the health and safety of the children in the program. 39 The office of children of family services may direct the program or 40 provider to terminate the employee or volunteer based on such a 41 conviction, consistent with article twenty-three-A of the correction 42 law. 43 (c) In relation to any child day care programs and any enrolled legal- 44 ly-exempt providers or any applicants to become an enrolled legally-ex- 45 empt provider, where a clearance conducted pursuant to this section 46 reveals a conviction for a crime other than one set forth in subpara- 47 graph (iv) of paragraph (a) of subdivision three of this section, for 48 any prospective employee, volunteer, or applicant seeking enrollment, 49 the office of children and family services may direct that such person 50 not be hired or be enrolled, as applicable, based on such a conviction, 51 consistent with article twenty-three-A of the correction law. 52 (d) (i) Where a clearance conducted pursuant to this section reveals 53 that an applicant to be the operator or director of a child day care 54 program, or anyone who resides in the home over the age of eighteen 55 where child day care is proposed to be provided to children in a home- 56 based setting has been charged with a crime, the office of children andS. 8804--A 7 1 family services shall hold the application in abeyance until the charge 2 is finally resolved. 3 (ii) Where a clearance conducted pursuant to this section reveals that 4 the current operator or director of a child day care program or any 5 person over the age of eighteen that resides in a home where child day 6 care is provided has been charged with a crime, the office of children 7 and family services shall conduct a safety assessment of the program and 8 take all appropriate steps to protect the health and safety of children 9 in the program. The office of children and family services may suspend a 10 license or registration or terminate enrollment based on such a charge 11 when necessary to protect the health and safety of children in the 12 program. 13 (iii) Where a clearance conducted pursuant to this section reveals 14 that an existing caregiver, volunteer or an existing employee of an 15 enrolled legally-exempt provider or any person over the age of eighteen 16 that resides in a home where child care is provided by an enrolled 17 legally-exempt provider in a home setting where the child does not 18 reside, has been charged with a crime, the office of children and family 19 services shall take one or more of the following steps: 20 (A) conduct a safety assessment; or 21 (B) take all appropriate steps to protect the health and safety of 22 children in the program. 23 (iv) Where a clearance conducted pursuant to this section reveals that 24 an applicant to be an employee or volunteer with the potential for unsu- 25 pervised contact with children of a child day care program has been 26 charged with a crime, the office shall hold the application in abeyance 27 until the charge is finally resolved. 28 (v) Where a clearance conducted pursuant to this section reveals that 29 a current employee, or current volunteer with the potential for unsuper- 30 vised contact with children of a child day care program or enrolled 31 legally-exempt provider has been charged with a crime, the office of 32 children and family services shall conduct a safety assessment of the 33 program and take all appropriate steps to protect the health and safety 34 of the children in the program. 35 § 10. Subdivision 6 of section 390-b of the social services law is 36 REPEALED and a new subdivision 6 is added to read as follows: 37 6. The office of children and family services shall pay any required 38 processing fee for a criminal history or sex offender clearance pursuant 39 to this section. The office of children and family services shall 40 promptly submit fingerprints obtained pursuant to this section and such 41 processing fee to the division of criminal justice services. 42 § 11. Subdivision 7 of section 390-b of the social services law, as 43 added by chapter 416 of the laws of 2000, is amended to read as follows: 44 7. Where the office of children and family services or its designee 45 denies or directs a child day care or an enrolled legally-exempt provid- 46 er to deny an application based on the criminal history record[,]; (a) 47 the provider must notify the applicant that such record is the basis of 48 the denial; and (b) the office of children and family services shall 49 also notify as the case may be, such current or prospective operator, 50 director, employee, assistant, legally exempt provider, volunteer with 51 the potential for unsupervised contact with children or other person 52 eighteen years of age or older, who resides in the home where care is 53 provided, other than the child's home, that the criminal record check 54 was the basis for the denial of clearance and shall provide such indi- 55 vidual with a copy of the results of the national criminal record check 56 upon which such denial was based together with a written statementS. 8804--A 8 1 setting forth the reasons for such denial, as well as a copy of article 2 twenty-three-A of the correction law and inform such individual of his 3 or her right to seek correction of any incorrect information contained 4 in such national record check provided by the federal bureau of investi- 5 gation. 6 § 12. Subdivisions 9 and 10 of section 390-b of the social services 7 law, as added by chapter 416 of the laws of 2000, are amended and a new 8 subdivision 11 is added to read as follows: 9 9. (a) Any criminal history record provided by the division of crimi- 10 nal justice services, and any summary of the criminal history record 11 provided by the office of children and family services to a [child day12care provider] person that receives a clearance pursuant to this 13 section, is confidential and shall not be available for public 14 inspection; provided, however, nothing herein shall prevent [a child day15care provider or] the office of children and family services from 16 disclosing criminal history information or the individual from disclos- 17 ing his or her criminal history information at any administrative or 18 judicial proceeding relating to the denial or revocation of an applica- 19 tion, employment, license or registration. The subject of a criminal 20 history review conducted pursuant to this section shall be entitled to 21 receive, upon written request, a copy of the summary of the criminal 22 history record [provided by the office of children and family services23to the child day care provider]. Unauthorized disclosure of such 24 records or reports shall be subject [the provider] to civil penalties in 25 accordance with the provisions of subdivision eleven of section three 26 hundred ninety of this title. 27 (b) The office of children and family services shall not release the 28 content of the results of the nationwide criminal history record check 29 conducted by the federal bureau of investigation in accordance with this 30 subdivision to any non-public entity. 31 10. A child day care or enrolled legally-exempt provider shall advise 32 the office of children and family services when an individual who is 33 subject to criminal history record review in accordance with subdivision 34 one or two of this section is no longer subject to such review. The 35 office of children and family services shall inform the division of 36 criminal justice services when an individual who is subject to criminal 37 history review is no longer subject to such review so that the division 38 of criminal justice services may terminate its retain processing with 39 regard to such person. At least once a year, the office of children and 40 family services will be required to conduct a validation of the records 41 maintained by the division of criminal justice services. 42 11. Child day care centers which are not subject to the provisions of 43 section three hundred ninety of this title shall not be subject to the 44 provisions of this section, provided however, that the city of New York 45 shall require that such child day care centers meet the requirements of 46 any federal laws and regulations pertaining to the child care develop- 47 ment and block grant and the related federally approved plans of the 48 state of New York. 49 § 13. Subparagraph (z) of paragraph (A) of subdivision 4 of section 50 422 of the social services law, as amended by section 11 of part L of 51 chapter 56 of the laws of 2015, is amended to read as follows: 52 (z) an entity with appropriate legal authority in another state to 53 license, certify or otherwise approve prospective foster parents, 54 prospective adoptive parents, prospective relative guardians [or], 55 prospective successor guardians or child care program where disclosure 56 of information regarding such prospective foster or prospective adoptiveS. 8804--A 9 1 parents or prospective relative or prospective successor guardians and 2 other persons over the age of eighteen residing in the home of such 3 persons [is] or where child care is provided, as required under either 4 title IV-E of the federal social security act or the federal child care 5 and development block grant act (section nine thousand eight hundred 6 fifty-eight, et seq. of title forty-two of the United States Code); and 7 § 14. Paragraph (a) of subdivision 1 of section 424-a of the social 8 services law, as amended by section 12 of part L of chapter 56 of the 9 laws of 2015, is amended to read as follows: 10 (a) A licensing agency shall inquire of the [department] office of 11 children and family services and the [department] office shall, subject 12 to the provisions of paragraph (e) of this subdivision, inform such 13 agency and the subject of the inquiry whether an applicant for a certif- 14 icate, license, enrollment or permit, [assistants to group] or to become 15 an employee or volunteer with the potential for unsupervised contact 16 with children in care of a family day care [providers] provider or an 17 enrolled legally-exempt provider as such term is defined in subdivision 18 one-a of section three hundred ninety-b of this article the director of 19 a camp subject to the provisions of article thirteen-B of the public 20 health law, a prospective successor guardian when a clearance is 21 conducted pursuant to paragraph (d) of subdivision two of section four 22 hundred fifty-eight-b of this article, and any person over the age of 23 eighteen who resides in the home of a person who has applied to become 24 an adoptive parent or a foster parent or to operate a family day care 25 home or group family day care home or any person over the age of eigh- 26 teen residing in the home of a prospective successor guardian when a 27 clearance is conducted of a prospective successor guardian pursuant to 28 this paragraph, or any person age eighteen or older that resides on the 29 premises of where child care is provided in a setting that is not the 30 child's own home by an enrolled legally-exempt provider as such term is 31 defined in subdivision one-a of section three hundred ninety-b of this 32 article has been or is currently the subject of an indicated child abuse 33 and maltreatment report on file with the statewide central register of 34 child abuse and maltreatment. 35 § 15. Subdivision 4 of section 424-a of the social services law, as 36 amended by section 14 of part L of chapter 56 of the laws of 2015, is 37 amended to read as follows: 38 4. For purposes of this section, the term "licensing agency" shall 39 mean an authorized agency which has received an application to become an 40 adoptive parent or an authorized agency which has received an applica- 41 tion for a certificate or license to receive, board or keep any child 42 pursuant to the provisions of section three hundred seventy-six or three 43 hundred seventy-seven of this article or an authorized agency which has 44 received an application from a relative within the second degree or 45 third degree of consanguinity of the parent of a child or a relative 46 within the second degree or third degree of consanguinity of the step- 47 parent of a child or children, or the child's legal guardian for 48 approval to receive, board or keep such child, or an authorized agency 49 that conducts a clearance pursuant to paragraph (d) of subdivision two 50 of section four hundred fifty-eight-b of this article, or a state or 51 local governmental agency which receives an application to provide child 52 day care services in a child day care center, school-age child care 53 program, family day care home or group family day care home or enrolled 54 legally-exempt provider as such term is defined in subdivision one-a of 55 section three hundred ninety-b of this article pursuant to the 56 provisions of section three hundred ninety of this article, or theS. 8804--A 10 1 department of health and mental hygiene of the city of New York, when 2 such department receives an application for a certificate of approval to 3 provide child day care services in a child day care center pursuant to 4 the provisions of the health code of the city of New York, or the office 5 of mental health or the office for people with developmental disabili- 6 ties when such office receives an application for an operating certif- 7 icate pursuant to the provisions of the mental hygiene law to operate a 8 family care home, or a state or local governmental official who receives 9 an application for a permit to operate a camp which is subject to the 10 provisions of article thirteen-B of the public health law or the office 11 of children and family services which has received an application for a 12 certificate to receive, board or keep any child at a foster family home 13 pursuant to articles nineteen-G and nineteen-H of the executive law or 14 any other facility or provider agency, as defined in subdivision four of 15 section four hundred eighty-eight of this chapter, in regard to any 16 licensing or certification function carried out by such facility or 17 agency. 18 § 16. Severability. If any clause, sentence, paragraph, subdivision, 19 section or part contained in any part of this act shall be adjudged by 20 any court of competent jurisdiction to be invalid, such judgment shall 21 not affect, impair, or invalidate the remained thereof, but shall by 22 confined in its operation to the clause, sentence, paragraph, subdivi- 23 sion, section or part contained in any part thereof directly involved in 24 the controversy in which such judgment shall have been rendered. It is 25 hereby declared to be the intent of the legislature that this act would 26 have been enacted even if such invalid provisions had not be included 27 herein. 28 § 17. This act shall take effect September 1, 2018; provided, however, 29 that section seven of this act shall take effect immediately; provided, 30 further, that the office of children and family services is authorized 31 to promulgate any rules or regulations necessary for the implementation 32 of this act on its effective date.
