Senate Bill S6749

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

                                  6749

                            I N  S E N A T E

                            February 16, 2016
                               ___________

Introduced  by  Sens.  KLEIN,  SAVINO,  AVELLA -- 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  the  establish-
  ment  of  a  letter  grading system to classify inspection results for
  child day care providers in the city of New York

  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 3-a to read as follows:
  3-A.  (A)  THE  COMMISSIONER  OF  THE  DEPARTMENT OF HEALTH AND MENTAL
HYGIENE OF THE CITY OF NEW YORK SHALL ESTABLISH A SYSTEM  FOR  A  HEALTH
AND  SAFETY GRADING OF THE INSPECTION RESULTS FOR CHILD DAY CARE PROVID-
ERS IN SUCH CITY.  SUCH SYSTEM SHALL USE AND POST LETTERS A, B OR  C  TO
IDENTIFY  AND  REPRESENT  SUCH GRADING AND CLASSIFICATION WITH ALL OTHER
LOWER GRADES BEING DEEMED TO BE FAILING GRADES IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  THE HEALTH CODE OF THE CITY OF NEW YORK. IN ESTABLISHING
SUCH SYSTEM OF STANDARDS AND GRADES, THE COMMISSIONER OF THE  DEPARTMENT
OF  HEALTH  AND  MENTAL  HYGIENE OF THE CITY OF NEW YORK SHALL TAKE INTO
ACCOUNT THE PROVISIONS OF  LAW,  RULES  AND  REGULATIONS  GOVERNING  THE
LICENSING,  REGISTRATION  AND  INSPECTION OF CHILD DAY CARE PROVIDERS AS
THEY RELATE TO THE HEALTH AND SAFETY  OF  CHILDREN  CARED  FOR  BY  SUCH
PROVIDERS  TO ESTABLISH A HEALTH AND SAFETY GRADING SYSTEM THAT PROMOTES
AND ENSURES THE SAFETY AND WELL-BEING OF CHILDREN IN CHILD DAY CARE.
  (B) EACH CHILD DAY CARE  PROVIDER  IN  THE  CITY  OF  NEW  YORK  SHALL
CONSPICUOUSLY POST NEAR THE ENTRANCE OF ITS LICENSED PREMISES THE LETTER
GRADE  IDENTIFYING  AND REPRESENTING THE RESULTS OF SUCH PROVIDER'S MOST
RECENT INSPECTIONS. SUCH POSTING SHALL BE DONE IN ACCORDANCE WITH  RULES
AND  REGULATIONS  PROMULGATED  BY  THE COMMISSIONER OF THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE OF THE CITY OF NEW YORK.
  (C) THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS  OF
CHILD DAY CARE PROVIDERS MAY BE AS FOLLOWS:
  (I) FOR PROVIDERS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11849-03-5
              

S. 6749                             2

  (II)  FOR  PROVIDERS  WITH  A  GRADE  OF "B", AT LEAST ONCE EVERY NINE
MONTHS; AND
  (III) FOR PROVIDERS WITH A GRADE OF "C", AT MORE FREQUENT INTERVALS AS
DEEMED APPROPRIATE BY THE COMMISSIONER.
  PROVIDED,  HOWEVER,  THAT  THE  PROVISIONS OF THIS PARAGRAPH SHALL NOT
NEGATE THE ABILITY TO INSPECT ANY CHILD DAY CARE PROVIDER ON  THE  BASIS
OF A COMPLAINT FROM A MEMBER OF THE PUBLIC.
  (D)  A  CHILD DAY CARE PROVIDER MAY REQUEST A REINSPECTION FROM A CITY
HEALTH OFFICER TO UPGRADE SUCH PROVIDER'S LETTER  GRADE.  SUCH  PROVIDER
SHALL PAY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF THE CITY OF NEW
YORK  A  FEE  OF  NOT  MORE THAN TWO HUNDRED DOLLARS FOR EACH SUCH REIN-
SPECTION.
  S 2. This act shall take effect one year after it shall have become  a
law.  Provided, however, that effective immediately, any rules and regu-
lations necessary to implement the provisions of this act on its  effec-
tive  date are authorized and directed to be completed on or before such
date.