S T A T E O F N E W Y O R K
________________________________________________________________________
5796
2011-2012 Regular Sessions
I N A S S E M B L Y
March 1, 2011
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Introduced by M. of A. LIFTON, HOOPER, LUPARDO -- Multi-Sponsored by --
M. of A. ABBATE, BRENNAN, DESTITO, 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 117 of the
laws of 2010, is amended to read as follows:
(i) Except as provided for in this paragraph, a child day care provid-
er shall avoid payment of a penalty imposed pursuant to this subdivision
where the provider has rectified the condition which resulted in the
imposition of the penalty within thirty days of notification of the
existence of the violation of statute or regulation. THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL DEVELOP 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.
LBD09265-01-1