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Assembly Bill A6689

2011-2012 Legislative Session

Allows neighborhoods an opportunity to be heard regarding licensing of a child day care center caring for seven or more children or a group family day care program

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Archive: Last Bill Status - In Assembly Committee

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2011-A6689 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd ยง390, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9176
2013-2014: A4290
2015-2016: A4863
2017-2018: A5711

2011-A6689 (ACTIVE) - Summary

Allows neighborhoods an opportunity to be heard regarding the licensing of a child day care center caring for seven or more children or a group family day care program.

2011-A6689 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6689

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2011
                               ___________

Introduced by M. of A. CURRAN -- read once and referred to the Committee
  on Children and Families

AN  ACT to amend the social services law, in relation to allowing neigh-
  borhoods an opportunity to be heard regarding the licensing of a child
  day care center caring for seven or more children or  a  group  family
  day care program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 390 of the social services law is amended by adding
a new subdivision 1-a to read as follows:
  1-A. IF AN APPLICANT FOR A LICENSE FOR EITHER A CHILD DAY CARE  CENTER
CARING  FOR  SEVEN  OR  MORE CHILDREN OR A GROUP FAMILY DAY CARE PROGRAM
INTENDS TO ESTABLISH SUCH CHILD DAY CARE AT A  LOCATION  THAT  IS  ZONED
ONLY  AS  RESIDENTIAL,  PRIOR TO GRANTING SUCH A LICENSE, THE DEPARTMENT
MUST PROVIDE THE NEIGHBORHOOD IN WHICH  SUCH  CHILD  DAY  CARE  WILL  BE
LOCATED,  AN OPPORTUNITY TO BE HEARD. NOTICE MUST BE GIVEN IN COMPLIANCE
WITH PROCEDURES DETERMINED BY THE COMMISSIONER AND  SHALL  INCLUDE,  BUT
NOT  BE  LIMITED  TO,  WRITTEN  NOTICE TO ALL OWNERS AND/OR OCCUPANTS OF
RESIDENCES WITHIN A FIVE RESIDENCE RADIUS OF THE PROPOSED CHILD DAY CARE
LOCATION, AND SHALL PROVIDE A METHOD FOR THOSE NOTIFIED TO OBJECT TO THE
LICENSING OF SUCH CHILD DAY CARE. AN OBJECTION SHALL QUALIFY THE  MATTER
TO  BE  TREATED AS AN ADJUDICATORY PROCEEDING AS PROVIDED FOR IN ARTICLE
THREE OF THE STATE ADMINISTRATIVE PROCEDURE ACT.   THE  DEPARTMENT  WILL
MAKE THE FINAL DETERMINATION AS TO THE LICENSING OF AN OPPOSED CHILD DAY
CARE  LOCATION.  IN  MAKING ITS DETERMINATION, THE DEPARTMENT SHALL TAKE
INTO CONSIDERATION THE BENEFIT TO THE APPLICANT AND THE NEIGHBORHOOD  IF
THE  LICENSE IS GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH,
SAFETY AND WELFARE OF THE NEIGHBORHOOD OR COMMUNITY BY  SUCH  GRANT.  IN
MAKING  SUCH DETERMINATION THE DEPARTMENT SHALL ALSO CONSIDER WHETHER AN
UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD
OR A DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE  GRANTING  OF
THE LICENSE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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