S T A T E O F N E W Y O R K
________________________________________________________________________
7987
2013-2014 Regular Sessions
I N A S S E M B L Y
June 13, 2013
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Introduced by M. of A. TITUS -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to notice of safety
and sanitation inspection results for child day care providers
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-i to read as follows:
S 390-I. NOTICE OF SAFETY AND SANITATION INSPECTION RESULTS. 1. EACH
CHILD DAY CARE PROVIDER THAT OPERATES A HOME OR FACILITY, INCLUDING A
CHILD DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, FAMILY DAY CARE HOME
OR SCHOOL AGE CHILD CARE IN THIS STATE, WHERE CHILD DAY CARE IS PROVIDED
SHALL POST A COPY OF ITS MOST RECENT SAFETY AND SANITATION INSPECTION
RESULTS IN A CONSPICUOUS LOCATION NEAR EACH PUBLIC ENTRANCE, AS
PRESCRIBED BY THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES, OR HIS
OR HER DESIGNEE, AND ON THE WEBSITE OF SUCH PROVIDER.
2. ALL SUCH HOMES AND FACILITIES REGULATED PURSUANT TO THE PROVISIONS
OF SUBDIVISION ONE OF THIS SECTION BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES, INCLUDING ITS DESIGNEE, THE DEPARTMENT OF HEALTH AND MENTAL
HEALTH OF THE CITY OF NEW YORK, SHALL COMPLY WITH THE POSTING REQUIRE-
MENTS OF THIS SECTION.
3. ANY CHILD DAY CARE PROVIDER, WHICH IS SUBJECT TO THE PROVISIONS OF
THIS SECTION, THAT VIOLATES SUBDIVISION ONE OF THIS SECTION SHALL, FOR A
FIRST SUCH VIOLATION OF THIS SECTION, IN LIEU OF A PENALTY, BE ISSUED A
WRITTEN WARNING AND SHALL ALSO BE ISSUED EDUCATIONAL MATERIALS ON HOW TO
COMPLY WITH THIS SECTION. SUCH PROVIDER SHALL, HOWEVER, FOR A SECOND
VIOLATION, BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED
DOLLARS, AND NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR ANY SUBSEQUENT
VIOLATION THAT OCCURS WITHIN ONE YEAR OF THE FIRST SUCH VIOLATION. SUCH
PENALTIES SHALL BE ASSESSED BY THE COMMISSIONER OF CHILDREN AND FAMILY
SERVICES OR THE DEPARTMENT OF HEALTH AND MENTAL HEALTH OF THE CITY OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11037-01-3
A. 7987 2
NEW YORK, AS THE CASE MAY BE, AFTER A HEARING OR OPPORTUNITY TO BE
HEARD.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Provided, however,
that effective immediately any rules and regulations necessary to imple-
ment the provisions of this act on its effective date are authorized and
directed to be completed on or before such date.