senate Bill S5414A

2013-2014 Legislative Session

Requires child care facilities to post a copy of the most recent inspection report

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to social services
returned to senate
died in assembly
Jun 21, 2013 referred to children and families
Jun 20, 2013 delivered to assembly
passed senate
ordered to third reading cal.1563
Jun 17, 2013 print number 5414a
amend (t) and recommit to rules
May 31, 2013 committee discharged and committed to rules
May 16, 2013 referred to social services

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5414 - Bill Details

See Assembly Version of this Bill:
A7987A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add §390-i, Soc Serv L

S5414 - Bill Texts

view summary

Requires day care facilities to post a copy of the most recent inspection report.

view sponsor memo
BILL NUMBER:S5414

TITLE OF BILL:
An act
to amend the social services law, in relation to notice of safety and
sanitation inspection results for child day care providers

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is
to require all
child day care providers in the State that operate a child day care
center, group family day care home, family day care home or school
age child care center to post the most recent copy of their safety
and sanitation inspection results at the entrance of such home or
facility and to post such inspection results on such provider's
website.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new Social Services Law section 390-i to require
that all child care providers in the State must post the more recent
copy of their safety and sanitation inspection results in a
conspicuous location near each provider's place of business and on
their website if they operate such a website. This provision applies
to all child care providers that. operate a child day care center,
group family day care home family day care home or school age child
care center. in New York State, including those regulated by the NYS
Office of Children and Family Services (NYS Office) and the NYC
Department of Health and Mental Health (NYC Department).

Should a provider violate this law, for the first time offense, in
lieu of a penalty, the provider shall receive a written warning and
obtain educational materials on how to comply with the law. For a
second violation that occurs within one year, the Office or
Department, may impose a civil penalty not to exceed $100.00. For a
third or subsequent violation, the civil penalty may
not exceed $250.00. Before a penalty is levied, it shall be heard
before the enforcement agency.

JUSTIFICATION:
This legislative proposal attempts to address the issue of the
occurrence of repeated safety and sanitation cited violations that
are occurring in child day care centers, homes and facilities in New
York City and across the State. The problem revolves around the fact
that after such providers are cited for these safety and sanitation
violations, that such conditions are not remedied or the condition of
the facility lapses back into a deficient unsafe or unsanitary
condition. By requiring such child day care providers to post their
most recent. safety and sanitation inspection results issued by the
NYS Office or NYC Department at the entrance of such centers and on
their websites, the families of enrollees that attend such facilities
and the general public will know of the current condition of the
facility. Further, families that are looking to enroll their children
in a day care facility will be able to easily be informed of the
performance record and safety & sanitation conditions of such child
day care center. Arming the public with this information can
encourage such providers to better comply


with the State's and NYC safety and sanitation laws, and thus better
protecting our children that are cared for in such places.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.

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

                                  5414

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI, SAVINO, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Social Services

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11037-01-3

S. 5414                             2

SERVICES OR THE DEPARTMENT OF HEALTH AND MENTAL HEALTH OF  THE  CITY  OF
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.

Co-Sponsors

S5414A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7987A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add §390-i, Soc Serv L

S5414A (ACTIVE) - Bill Texts

view summary

Requires day care facilities to post a copy of the most recent inspection report.

view sponsor memo
BILL NUMBER:S5414A

TITLE OF BILL: An act to amend the social services law, in relation
to requiring child day care facilities to post a copy of the most
recent inspection report

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
require all child day care providers in the State that operate a
residential or non-residential child day care facility to post the
most recent copy of their inspection report in a prominent place, and
if possible on the website of such provider.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new Social Services Law section 390-i to require
that all child care providers in the State must post the more recent
copy of their inspection report in a prominent place, and if possible
on the website of such provider. This provision applies to all child
care providers that operate a residential or non-residential in New
York State, including those regulated by the NYS Office of Children
and Family Services (NYS Office) and the NYC Department of Health and
Mental Health (NYC Department).

Section 2: All residential and non-residential child day care
facilities regulated by the NYS Office and the NYC Department must
comply with the posting requirements to be enforced by the NYS Office
or NYC Department in accordance with their rules or regulations.

JUSTIFICATION: This legislative proposal attempts to address the issue
of the occurrence of repeated safety and sanitation cited violations
that are occurring in child day care centers, homes and facilities in
New York City and across the State. The problem revolves around the
fact that after such providers are cited for these safety and
sanitation violations, that such conditions are not remedied or the
condition of the facility lapses back into a deficient unsafe or
unsanitary condition. By requiring such child day care providers to
post their most recent inspection report issued by the NYS Office or
NYC Department in a prominent place at each facility, and if possible
on their websites, the families of enrollees that attend such
facilities and the general public will know of the current condition
of the facility. Further, families that are looking to enroll their
children in a day care facility will be able to easily be informed of
the performance record and safety & sanitation conditions of such
child day care center. Arming the public with this information can
encourage such providers to better comply with the State's and NYC
safety and sanitation laws, and thus better protecting our children
that are cared for in such places.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become law.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5414--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI, SAVINO, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Social Services -- committee discharged and said bill committed to the
  Committee  on  Rules  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the social services law, in relation to requiring  child
  day  care  facilities  to  post  a  copy of the most recent inspection
  report

  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 INSPECTION REPORT. 1. EACH CHILD DAY CARE  PROVIDER
THAT  OPERATES A RESIDENTIAL OR NON-RESIDENTIAL CHILD DAY CARE FACILITY,
WHERE CHILD DAY CARE IS PROVIDED SHALL POST A COPY OF  ITS  MOST  RECENT
INSPECTION  REPORT  IN A PROMINENT PLACE, AND IF POSSIBLE ON THE WEBSITE
OF SUCH PROVIDER.
  2. ALL SUCH RESIDENTIAL AND NON-RESIDENTIAL CHILD DAY CARE  FACILITIES
REGULATED  PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES,  OR  THE  DEPARTMENT  OF
HEALTH  AND MENTAL HEALTH OF THE CITY OF NEW YORK, SHALL COMPLY WITH THE
POSTING REQUIREMENTS OF THIS SECTION TO BE ENFORCED  BY  THE  APPLICABLE
STATE OR CITY AGENCY PURSUANT TO ITS RULES OR REGULATIONS.
  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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11037-02-3

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