S T A T E O F N E W Y O R K
________________________________________________________________________
2315
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. LIFTON, CHRISTENSEN, BRADLEY, HOOPER, LUPARDO,
ALFANO -- Multi-Sponsored by -- M. of A. ABBATE, BARRA, BRENNAN,
DESTITO, DIAZ, EDDINGTON, GUNTHER, PHEFFER, ROBINSON -- read once and
referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to appeals of child
day care providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (c) of subdivision 11 of
section 390 of the social services law, as added by chapter 416 of the
laws of 2000, is amended to read as follows:
(i) Except as provided for in this paragraph, a child day care provid-
er may avoid payment of a penalty imposed pursuant to this subdivision
where the provider has rectified the condition resulting in the imposi-
tion of the penalty within thirty days of notification of the imposition
of the penalty. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DEVEL-
OP REGULATIONS FOR AN INFORMAL APPEALS PROCESS WHEREBY A PROVIDER WITH
NO PRIOR RECORD OF VIOLATIONS MAY, WITHIN TEN DAYS OF RECEIPT OF AN
INSPECTION REPORT, REQUEST A SUPERVISORY REVIEW OF SUCH REPORT. AT THE
DISCRETION OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, A CITATION FOR
A VIOLATION MAY BE WAIVED ON THE BASIS OF INSPECTOR ERROR OR IMMEDIATE
RECTIFICATION OF THE VIOLATION, AND NO RECORD SHALL APPEAR IN THE STATE
CHILD DAY CARE PROVIDER DATABASE. IN NO INSTANCE, HOWEVER, SHALL THE
INFORMAL APPEALS PROCESS BE AVAILABLE WHERE THE INSPECTION REPORT CITES
VIOLATION OF A REGULATORY REQUIREMENT WHICH HARMS A CHILD OR PLACES A
CHILD AT RISK OF DEATH, SERIOUS OR PROTRACTED DISFIGUREMENT, OR
PROTRACTED IMPAIRMENT OF PHYSICAL OR EMOTIONAL HEALTH.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05423-01-9