Senate Bill S6940

2011-2012 Legislative Session

Provides that the group family day care provider shall be the primary caregiver; limits providers to operating one family day care

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2012	referred to children and families

2011-S6940 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §390, Soc Serv L

2011-S6940 (ACTIVE) - Summary

Provides that the group family day care provider shall be the primary caregiver; limits providers to operating one family day care.

2011-S6940 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6940

TITLE OF BILL:
An act
to amend the social services law, in relation
to registered day care centers, operation of family
based child care, limiting activities by child care
providers whose license or registration is
suspended, and exemption of minors working in
day care from criminal history screening

PURPOSE OF BILL:

To enact measures to enhance the safety of child care programs and
streamline administration of oversight.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend the definitions of "group family day
care home" and "family day care home" in Social Services Law ("SSL")
§ 390(1) to provide that the provider of these family-based day care
programs must be the primary caregiver on-site for the program.

Section 2 of the bill would amend SSL § 390(2) to prohibit OCFS from
issuing a license or registration for a provider to operate more than
one family-based child day care home.

Section 3 of the bill would amend SSL § 390(4) to change the
percentage of programs that must be inspected to reflect the current
inspection rate of 50% of all registered facilities.

Section 4 of the bill would amend SSL§ 390(10) to prohibit a caregiver
whose license or registration is suspended based upon a finding of
imminent danger from providing child care to any non-relative child
including care for which no license or registration is required.

Section 5 of the bill provides an effective date for the bill.

EXISTING LAW:

SSL § 390 defines the various types of child day care programs and
governs the licensing and registration of child day care providers by
OCFS. It also includes authority for the suspension or revocation of
a license or registration and civil penalties against child day care
providers who violate applicable statutes or regulations.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

This proposal enhances the safety of children in child day care.
First, the proposal eliminates the ability of one provider to operate
multiple family day care homes or group family day care homes by
requiring that the provider be the primary caregiver on-site. By


statute, these homes must be operated in a "residence". The intent of
this requirement is to offer parents the option for their children to
receive child care services in a "home-like" setting. However, under
current law, some providers may obtain multiple licenses or
registrations for family-based programs. Consequently, these
providers rent space in separate homes or apartments and maintain
that because the space is "home" to "someone", the space is a
"residence". Often the provider is not on-site but hires employees to
run the child care programs.

Programs with absentee providers may be over their allowable capacity
and have employees who lack the mandatory health and safety training,
criminal history reviews, and child abuse clearances. The proposal
addresses this problem by requiring that the provider be the primary
caregiver on-site. Existing providers with multiple programs will be
permitted to continue operating their programs as long as they
otherwise comply with the law.

The proposal also enhances the safety of child care programs by
prohibiting a child day care provider with a suspended license or
registration from caring for any non-relative children unless and
until OCFS confirms that the dangerous situation has been remediated
or there has been a fair hearing regarding the case. OCFS suspends
the operation of licensed and registered day care programs when it
substantiates that a situation involving imminent danger exists at
the child care program. Suspended programs sometimes reduce their
capacity to two children who are not related to the provider and
continue to operate outside OCFS' jurisdiction. This proposal seeks
to improve child safety by precluding these providers from caring for
non-relative children until the underlying safety issues have been
resolved.

BUDGET IMPLICATIONS:

There are no additional costs associated with this bill.

EFFECTIVE DATE:

Sections 1, 3 and 4 would become effective 90 days after enactment.
The remaining section of the bill would take effect immediately.

2011-S6940 (ACTIVE) - Bill Text download pdf

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

                                  6940

                            I N  S E N A T E

                             April 13, 2012
                               ___________

Introduced  by  Sen. SAVINO -- (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

AN  ACT  to amend the social services law, in relation to registered day
  care centers, operation of family based child  care,  limiting  activ-
  ities  by  child  care  providers  whose  license  or  registration is
  suspended, and exemption of minors working in day care  from  criminal
  history screening

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

  Section 1. Paragraphs (d) and (e) of subdivision 1 of section  390  of
the  social services law, as amended by chapter 117 of the laws of 2010,
are amended to read as follows:
  (d) "Group family day care home" shall mean a program caring for chil-
dren for more than three hours per day per child in which child day care
is provided in a family home for seven to twelve children of  all  ages,
except  for  those programs operating as a family day care home, as such
term is defined in paragraph (e) of this  subdivision,  which  care  for
seven  or  eight  children. A group family day care provider may provide
child day care services to four additional children if  such  additional
children  are  of  school  age  and  such children receive services only
before or after the period such children are  ordinarily  in  school  or
during school lunch periods, or school holidays, or during those periods
of  the year in which school is not in session. There shall be one care-
giver for every two children under two years of age in the group  family
home.    THE  GROUP  FAMILY  DAY CARE HOME PROVIDER SHALL BE THE PRIMARY
CAREGIVER ON-SITE FOR SUCH PROGRAM. A group family day  care  home  must
have  at least one assistant to the operator present when child day care
is being provided to seven or more children when none  of  the  children
are  school age, or nine or more children when at least two of the chil-
dren are school age and such children receive services  only  before  or
after the period such children are ordinarily in school or during school
lunch  periods,  or school holidays, or during those periods of the year
in which school is not in session. This assistant shall be  selected  by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14515-03-2

S. 6940                             2

the  group  family  day  care operator and shall meet the qualifications
established for such position by the regulations of the office of  chil-
dren and family services.
  (e)  "Family  day  care home" shall mean a program caring for children
for more than three hours per day per child in which child day  care  is
provided  in a family home for three to six children. There shall be one
caregiver for every two children under two years of age  in  the  family
day  care home.   THE FAMILY DAY CARE HOME PROVIDER SHALL BE THE PRIMARY
CAREGIVER ON-SITE FOR SUCH PROGRAM. A  family  day  care  provider  may,
however,  care  for  seven  or eight children at any one time if no more
than six of the children are less than school age  and  the  school-aged
children receive care primarily before or after the period such children
are  ordinarily  in school, during school lunch periods, on school holi-
days, or during those periods of the year in  which  school  is  not  in
session in accordance with the regulations of the office of children and
family  services  and the office inspects such home to determine whether
the provider can care adequately for seven or eight children.
  S 2. Subparagraph (i) of paragraph (d) of subdivision 2 of section 390
of the social services law, as amended by chapter 416  of  the  laws  of
2000, is amended to read as follows:
  (i)  The office of children and family services shall promulgate regu-
lations for licensure and for registration of child day care pursuant to
this section. Procedures for obtaining  a  license  or  registration  or
renewing   a  license  OR  REGISTRATION  shall  include  a  satisfactory
inspection of the facility by the office of children and family services
prior to issuance of the license  or  registration  or  renewal  of  the
license.    THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT ISSUE A
LICENSE OR REGISTRATION TO A CHILD DAY CARE  PROVIDER  TO  OPERATE  MORE
THAN ONE GROUP FAMILY DAY CARE HOME OR FAMILY DAY CARE HOME.
  S  3.  Paragraph  (a)  of  subdivision  4 of section 390 of the social
services law, as amended by chapter 416 of the laws of 2000, is  amended
to read as follows:
  (a)  The  office  of  children  and family services on an annual basis
shall inspect at least [twenty] FIFTY percent of all  registered  family
day  care homes, registered child day care centers and registered school
age child care programs to determine whether  such  homes,  centers  and
programs  are operating in compliance with applicable statutes and regu-
lations. [The office of children and family services shall increase  the
percentage  of  family day care homes, child day care centers and school
age child care programs which are inspected pursuant to this subdivision
as follows: to at least thirty percent by the thirty-first  of  December
two  thousand;  and  to  at  least  fifty percent by the thirty-first of
December two thousand one.] The office of children and  family  services
may  provide for such inspections through purchase of services. Priority
shall be given to family day care homes which have never  been  licensed
or certified prior to initial registration.
  S  4.  Subdivision  10  of  section 390 of the social services law, as
amended by chapter 416 of the laws  of  2000,  is  amended  to  read  as
follows:
  10. Any home or facility providing child day care shall be operated in
accordance  with  applicable  statutes and regulations. Any violation of
applicable statutes or regulations shall be  a  basis  to  deny,  limit,
suspend, revoke, or terminate a license or registration. Consistent with
articles  twenty-three  and  twenty-three-A  of  the correction law, and
guidelines referenced in subdivision two of section four  hundred  twen-
ty-five  of  this article, if the office of children and family services

S. 6940                             3

is made aware of the existence of a criminal conviction or pending crim-
inal charge concerning an operator of a  family  day  care  home,  group
family  day  care home, school-age child care program, or child day care
center or concerning any assistant, employee or volunteer in such homes,
programs  or  centers, or any persons age eighteen or over who reside in
such homes, such conviction or charge may be a  basis  to  deny,  limit,
suspend,  revoke, reject, or terminate a license or registration. Before
any license issued  pursuant  to  the  provisions  of  this  section  is
suspended  or  revoked,  before registration pursuant to this section is
suspended or terminated, or when an  application  for  such  license  is
denied  or  registration  rejected,  the applicant for or holder of such
registration or license is entitled, pursuant to section  twenty-two  of
this  chapter  and  the regulations of the office of children and family
services, to  a  hearing  before  the  office  of  children  and  family
services.  However,  a  license  or  registration  shall  be temporarily
suspended or limited without a hearing upon written notice to the opera-
tor of the facility following a finding that the public  health,  or  an
individual's  safety  or  welfare,  are in imminent danger.  A CAREGIVER
WHOSE LICENSE OR REGISTRATION IS SUSPENDED UPON A  FINDING  OF  IMMINENT
DANGER SHALL NOT PROVIDE CARE TO ANY NON-RELATIVE CHILD WHILE SUSPENDED;
INCLUDING CARE FOR WHICH REGISTRATION OR LICENSING IS NOT REQUIRED UNDER
THIS  SECTION.  The  holder  of a license or registrant is entitled to a
hearing before the office of children and family services to contest the
temporary suspension or limitation. If the holder of a license or regis-
trant requests a hearing to contest the temporary suspension or  limita-
tion, such hearing must be scheduled to commence as soon as possible but
in  no  event later than thirty days after the receipt of the request by
the office of children and family services.  Suspension  shall  continue
until  the  condition requiring suspension or limitation is corrected or
until a hearing decision has been issued. If the office of children  and
family services determines after a hearing that the temporary suspension
or  limitation  was  proper,  such  suspension  or  limitation  shall be
extended until the condition requiring suspension or limitation has been
corrected or until the license or registration has been revoked.
  S 5. This act shall take effect immediately; except that sections one,
three and four of this act shall take effect on the ninetieth day  after
it shall have become a law; provided, however, that sections one and two
of  this act shall not apply to providers operating more than one family
day care home or group family day care home licensed  or  registered  by
the office of children and family services prior to such effective date.

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Senate Bill S6940

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Actions

2011-S6940 (ACTIVE) - Details

2011-S6940 (ACTIVE) - Summary

2011-S6940 (ACTIVE) - Sponsor Memo

2011-S6940 (ACTIVE) - Bill Text download pdf

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Actions

2011-S6940 (ACTIVE) - Details

2011-S6940 (ACTIVE) - Summary

2011-S6940 (ACTIVE) - Sponsor Memo

2011-S6940 (ACTIVE) - Bill Text download pdf

Comments