S T A T E O F N E W Y O R K
2009-2010 Regular Sessions
I N S E N A T E
March 25, 2009
Introduced by Sens. PARKER, DILAN, MONTGOMERY -- read twice and ordered
printed, and when printed to be committed to the Committee on Children
and Families -- reported favorably from said committee and committed
to the Committee on Codes -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to requiring
certain day care centers to provide twelve months notice before it
intends to close its facility
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
390-g to read as follows:
S 390-G. NOTICE REQUIREMENT BEFORE CLOSING CERTAIN DAY CARE CENTERS.
1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
(A) "CHILD DAY CARE CENTER" SHALL MEAN A CHILD DAY CARE CENTER AS
DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
NINETY OF THIS TITLE.
(B) "PERSON LEGALLY RESPONSIBLE" SHALL MEAN A PERSON LEGALLY RESPONSI-
BLE AS DEFINED IN SUBDIVISION (G) OF SECTION ONE THOUSAND TWELVE OF THE
FAMILY COURT ACT.
2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
A CITY HAVING A POPULATION OF ONE MILLION OR MORE, IF THE SOCIAL
SERVICES DISTRICT SEEKS TO CLOSE A CHILD DAY CARE CENTER UNDER CONTRACT
WITH SUCH DISTRICT, IT SHALL PROVIDE AT LEAST TWELVE MONTHS WRITTEN
NOTICE TO THE CHILD DAY CARE CENTER AND THE PARENTS OR PERSONS LEGALLY
RESPONSIBLE FOR CHILDREN ENROLLED IN SUCH CENTERS, PRIOR TO THE CLOSING.
(B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY IN CASES WHERE A
LOCAL SOCIAL SERVICES DISTRICT SEEKS TO CLOSE A CHILD DAY CARE CENTER
FOR VIOLATING THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES, OR FOR HEALTH AND SAFETY REASONS.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.