S T A T E O F N E W Y O R K
________________________________________________________________________
8134
I N S E N A T E
June 14, 2016
___________
Introduced by Sens. KLEIN, AVELLA -- (at request of the Governor) --
read twice and ordered printed, and when printed to be committed to
the Committee on Rules
AN ACT to amend the social services law, in relation to safety in child
day care programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 3 of section 390 of the social
services law, as amended by chapter 416 of the laws of 2000, is amended
to read as follows:
(d) (I) Where investigation or inspection reveals that a child day
care provider which must be licensed [or], registered OR PERMITTED is
not DULY LICENSED, REGISTERED OR PERMITTED, the office of children and
family services, OR FOR PROGRAMS REFERENCED IN SUBDIVISION THIRTEEN OF
THIS SECTION, THE LOCAL GOVERNMENTAL ENTITY REFERENCED IN SUCH SUBDIVI-
SION, shall [advise the child day care provider] PROVIDE NOTICE, in
writing, TO THE CHILD DAY CARE PROVIDER INDICATING that the provider is
in violation of the licensing [or], registration OR PERMITTING require-
ments and shall take such further action as is necessary to cause the
provider to comply with the law, including directing an unlicensed [or],
unregistered OR UNPERMITTED provider to cease operation [In addition,
the office of children and family services shall] IMMEDIATELY.
(II) THE NOTICE TO THE PROVIDER REQUIRED BY SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL ADVISE PARENTS AND CAREGIVERS THAT THE PROGRAM IS CLOSED
FOR FAILURE TO COMPLY WITH THE APPLICABLE LICENSING, REGISTRATION OR
PERMITTING REQUIREMENTS, AS APPLICABLE, AND SHALL BE IMMEDIATELY POSTED
ON THE FRONT DOOR OF THE PROVIDER'S PREMISES IN A PROMINENT LOCATION AND
ON THE PROVIDER'S WEBSITE, IF ONE EXISTS.
(III) THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR FOR PROGRAMS
REFERENCED IN SUBDIVISION THIRTEEN OF THIS SECTION, THE LOCAL GOVERN-
MENTAL ENTITY REFERENCED IN SUCH SUBDIVISION, SHALL ALSO require the
provider to notify the parents or guardians of children receiving care
from the provider IN WRITING that the provider is in violation of the
licensing [or], registration OR PERMITTING requirements and shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12088-01-6
S. 8134 2
require the provider to [notify] CONFIRM IN WRITING WITH the office of
children and family services OR THE LOCAL GOVERNMENTAL ENTITY REFERENCED
IN SUBDIVISION THIRTEEN OF THIS SECTION, AS APPLICABLE, that the provid-
er has done so.
(IV) Any provider who is directed to cease operations pursuant to this
paragraph shall be entitled to a hearing before the office of children
and family services, OR FOR PROGRAMS REFERENCED IN SUBDIVISION THIRTEEN
OF THIS SECTION, THE LOCAL GOVERNMENTAL ENTITY REFERENCED IN SUCH SUBDI-
VISION. If the provider requests a hearing to contest the directive to
cease operations, 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]. The provider
may not operate the center, home or program after being directed to
cease operations, regardless of whether a hearing is requested.
(V) If the provider does not cease operations, the office of children
and family services may impose a civil penalty pursuant to subdivision
eleven of this section, seek an injunction pursuant to section three
hundred ninety-one of this title, or both.
S 2. Subdivision 8 of section 390 of the social services law, as added
by chapter 750 of the laws of 1990, is amended to read as follows:
8. (A) The [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall
establish and maintain a [list of all current] SEARCHABLE REGISTRY THAT
PROVIDES DETAILED INFORMATION FOR ALL CHILD DAY CARE PROGRAMS registered
and licensed [child day care programs and a list of all programs whose
license or registration has been revoked, rejected, terminated, or
suspended] BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND ALL CHILD
DAY CARE CENTERS REFERENCED IN SUBDIVISION THIRTEEN OF THIS SECTION THAT
ARE PERMITTED BY THE LOCAL GOVERNMENTAL ENTITY REFERENCED IN SUCH SUBDI-
VISION. Such information shall be available to the public[, pursuant to
procedures developed by the department] ON THE OFFICE OF CHILDREN AND
FAMILY SERVICES' WEBSITE AND SHALL BE SEARCHABLE BY THE NAME OF THE
PERSON ON THE LICENSE, REGISTRATION OR PERMIT AS WELL AS BY THE NAME OF
THE CHILD DAY CARE PROGRAM.
(B) (I) SUCH REGISTRY SHALL INCLUDE COMPREHENSIBLE INFORMATION ABOUT
THE PROGRAMS LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT ARE OPER-
ATING OR SUSPENDED AND ANY PROGRAM THAT HAS BEEN REVOKED IN THE LAST SIX
YEARS. SUCH INFORMATION SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED
TO, THE PARTICULAR PROGRAM'S COMPLIANCE AND INSPECTION HISTORY, AND
WHETHER THE PROGRAM'S LICENSE, REGISTRATION OR PERMIT HAS BEEN REVOKED,
REJECTED, DENIED, LIMITED OR SUSPENDED AND THE REASON OR REASONS THERE-
FORE.
(II) SUCH REGISTRY SHALL ALSO CONTAIN INFORMATION ON PROGRAMS THAT
HAVE BEEN FOUND TO BE OPERATING WITHOUT THE REQUIRED LICENSE, REGISTRA-
TION OR PERMIT IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION THREE OF
THIS SECTION.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
LOCAL GOVERNMENTAL ENTITY REFERENCED IN SUBDIVISION THIRTEEN OF THIS
SECTION SHALL PROVIDE TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN
THE TIME AND MANNER REQUIRED BY THE OFFICE, ANY INFORMATION ON CHILD DAY
CARE CENTERS REFERENCED IN SUBDIVISION THIRTEEN OF THIS SECTION THAT IS
NEEDED PURSUANT TO THE REQUIREMENTS OF THIS SUBDIVISION FOR THE
REGISTRY.
S 3. 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:
S. 8134 3
10. (A) Any home or facility providing child day care shall be oper-
ated in accordance with applicable statutes and regulations. Any
violation of applicable statutes or regulations shall be a basis to
deny, REJECT, limit, suspend[,] OR revoke[, or terminate] a license or
registration.
(B) Consistent with articles twenty-three and twenty-three-A of the
correction law, and guidelines referenced in subdivision two of section
four hundred twenty-five of this article, if the office of children and
family services is made aware of the existence of a criminal conviction
or pending criminal 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, OR reject[, or terminate] a license or
registration.
(C)(I) Before any license OR REGISTRATION issued pursuant to the
provisions of this section is suspended, LIMITED or revoked[, before
registration pursuant to this section is suspended or terminated], or
when an application for such license OR REGISTRATION is denied or
[registration] rejected, the applicant for or holder of such registra-
tion 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.
(II) However, a license or registration [shall] MAY be [temporarily]
suspended or limited without a hearing upon written notice to the opera-
tor of the facility following a finding that SUSPENSION OR LIMITATION OF
THE LICENSE OR REGISTRATION IS NECESSARY TO PROTECT the public health[,
or an individual's safety or welfare, are in imminent danger.] OR THE
HEALTH AND SAFETY OF CHILDREN. PROVIDED, HOWEVER, THAT A FINDING THAT
SUSPENSION OR LIMITATION IS NECESSARY TO PROTECT THE HEALTH AND SAFETY
OF CHILDREN IN ACCORDANCE WITH THIS SUBPARAGRAPH SHALL ONLY BE MADE IF
THE OFFICE OF CHILDREN AND FAMILY SERVICES DETERMINES, AS A RESULT OF A
VIOLATION OF THIS SECTION OR THE APPLICABLE REGULATIONS OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES, THAT:
(A) SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION 10.00 OF THE PENAL
LAW OR DEATH OF A CHILD OCCURRED;
(B) A CONDITION OCCURRED OR EXISTS THAT PLACES A CHILD AT RISK OF
SERIOUS PHYSICAL, MENTAL OR EMOTIONAL HARM, OR RISK OF DEATH, SERIOUS OR
PROTRACTED DISFIGUREMENT OR PROTRACTED IMPAIRMENT OF PHYSICAL OR
EMOTIONAL HEALTH;
(C) THE PROVIDER REFUSED TO PROVIDE INSPECTION STAFF WITH ACCESS TO
THE CHILD DAY CARE PROGRAM AS IS OTHERWISE REQUIRED OR AUTHORIZED BY LAW
DURING THE PROGRAM'S HOURS OF OPERATION; OR
(D) THE PROVIDER REFUSED TO PROVIDE TIMELY ACCESS TO INFORMATION
REGARDING THE PROGRAM THAT IS NECESSARY TO MAKE DETERMINATIONS RELATING
TO THE HEALTH AND SAFETY OF CHILDREN IN THE CARE OF THE PROGRAM OR THAT
IS REQUIRED BY STATE OR FEDERAL LAW, RULE OR REGULATION IF:
(1) THE PROVIDER WAS GIVEN A REASONABLE PERIOD OF TIME TO PRODUCE SUCH
INFORMATION; AND
(2) IF THE INFORMATION REQUIRED TO BE PROVIDED IS DEPENDENT ON A THIRD
PARTY PROVIDING SUCH INFORMATION, THAT THE PROVIDER DID NOT MAKE REASON-
ABLE EFFORTS TO TIMELY OBTAIN SUCH INFORMATION.
(III) The holder of a license or registrant is entitled to a hearing
before the office of children and family services to contest the [tempo-
S. 8134 4
rary] suspension or limitation. If the holder of a license or registrant
requests a hearing to contest the [temporary] suspension or limitation,
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 4. Paragraph (a) of subdivision 11 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) (i) The office of children and family services shall adopt regu-
lations establishing civil penalties of no more than [five hundred] TWO
THOUSAND dollars per day to be assessed against child day care centers,
school age child care programs, group family day care homes or family
day care homes for violations of this section, sections three hundred
ninety-a and three hundred ninety-b of this title and any regulations
promulgated thereunder. The regulations establishing civil penalties
shall specify the violations subject to penalty BASED ON THE SEVERITY OF
THE VIOLATION. PROVIDED, HOWEVER, THAT SUCH REGULATIONS SHALL PROVIDE
THAT:
(A) A CIVIL PENALTY OF NO MORE THAN ONE THOUSAND DOLLARS PER DAY FOR A
FIRST TIME OFFENSE AND NO MORE THAN TWO THOUSAND DOLLARS PER DAY FOR
SUBSEQUENT OFFENSES MAY BE ASSESSED FOR A VIOLATION OF THIS SECTION OR
OF A REGULATORY REQUIREMENT OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES WHICH HARMS A CHILD OR PLACES A CHILD AT RISK OF DEATH, SERIOUS
OR PROTRACTED DISFIGUREMENT, OR PROTRACTED IMPAIRMENT OF PHYSICAL OR
EMOTIONAL HEALTH;
(B) A CIVIL PENALTY OF NO MORE THAN FIVE HUNDRED DOLLARS PER DAY FOR A
FIRST TIME OFFENSE AND NO MORE THAN ONE THOUSAND DOLLARS PER DAY FOR
SUBSEQUENT OFFENSES MAY BE ASSESSED FOR A VIOLATION OF THIS SECTION OR
OF A REGULATORY REQUIREMENT OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES WHICH PLACES A CHILD AT RISK OF PHYSICAL, MENTAL OR EMOTIONAL
HARM; AND
(C) A CIVIL PENALTY OF NO MORE THAN TWO HUNDRED DOLLARS PER DAY FOR A
SECOND OFFENSE IN AN EIGHTEEN MONTH PERIOD, AND NO MORE THAN FOUR
HUNDRED DOLLARS PER DAY FOR SUBSEQUENT OFFENSES MAY BE ASSESSED FOR A
VIOLATION OF THIS SECTION OR OF A REGULATORY REQUIREMENT OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES THAT IS NOT INCLUDED IN CLAUSE (A) OR
(B) OF THIS SUBPARAGRAPH.
(ii) The office of children and family services shall adopt regu-
lations establishing civil penalties of no more than TWO THOUSAND five
hundred dollars per day to be assessed against child day care providers
who operate child day care centers or group family day care homes with-
out a license or who operate family day care homes, school-age child
care programs, or child day care centers required to be registered with-
out obtaining such registration.
(iii) In addition to any other civil or criminal penalty provided by
law, the office of children and family services shall have the power to
assess civil penalties in accordance with its regulations adopted pursu-
ant to this subdivision after a hearing conducted in accordance with
procedures established by regulations of the office of children and
family services. Such procedures shall require that notice of the time
S. 8134 5
and place of the hearing, together with a statement of charges of
violations, shall be served in person or by certified mail addressed to
the school age child care program, group family day care home, family
day care home, or child day care center at least thirty days prior to
the date of the hearing. The statement of charges shall set forth the
existence of the violation or violations, the amount of penalty for
which the program may become liable[,] AND the steps which must be taken
to rectify the violation, and where applicable, a statement that a
penalty may be imposed regardless of rectification. A written answer to
the charges of violations shall be filed with the office of children and
family services not less than ten days prior to the date of hearing with
respect to each of the charges and shall include all material and rele-
vant matters which, if not disclosed in the answer, would not likely be
known to the office of children and family services.
(iv) The hearing shall be held by the commissioner of the office of
children and family services or the commissioner's designee. The burden
of proof at such hearing shall be on the office of children and family
services to show that the charges are supported by a preponderance of
the evidence. The commissioner of the office of children and family
services or the commissioner's designee, in his or her discretion, may
allow the child day care center operator or provider to attempt to prove
by a preponderance of the evidence any matter not included in the
answer. Where the child day care provider satisfactorily demonstrates
that it has rectified the violations in accordance with the requirements
of paragraph (c) of this subdivision, no penalty shall be imposed except
as provided in paragraph (c) of this subdivision.
(V) NOTHING HEREIN SHALL PROHIBIT THE OFFICE OF CHILDREN AND FAMILY
SERVICES FROM FORGIVING OR REDUCING A CIVIL PENALTY IN THE EVENT THAT A
VIOLATION IS RECTIFIED, OR AS PART OF THE ENFORCEMENT OR FAIR HEARING
PROCESS.
S 5. Subparagraph (ii) of paragraph (c) of subdivision 11 of section
390 of the social services law, as amended by chapter 117 of the laws of
2010, is amended to read as follows:
(ii) [Clause] SUBPARAGRAPH (i) of this paragraph notwithstanding,
rectification shall not preclude the imposition of a penalty pursuant to
this subdivision where:
(A) the child day care provider has operated a child day care center
or group family day care home without a license, has refused to seek a
license for the operation of such a center or home, or has continued to
operate such a center or home after denial of a license application,
revocation of an existing license or suspension of an existing license;
(B) the child day care provider has operated a family day care home,
school-age child care program or child day care center required to be
registered without being registered, has refused to seek registration
for the operation of such home, program or center or has continued to
operate such a home, program or center after denial of a registration
application, revocation of an existing registration or suspension of an
existing registration;
(C) there has been a total or substantial failure of the facility's
fire detection or prevention systems or emergency evacuation procedures;
(D) the child day care provider or an assistant, employee or volunteer
has failed to provide adequate and competent supervision;
(E) the child day care provider or an assistant, employee or volunteer
has failed to provide adequate sanitation;
(F) the child day care provider or an assistant, employee, volunteer
or, for a family day care home or group family day care home, a member
S. 8134 6
of the provider's household, has injured a child in care, unreasonably
failed to obtain medical attention for a child in care requiring such
attention, used corporal punishment against a child in care or abused or
maltreated a child in care;
(G) the child day care provider has violated the same statutory or
regulatory standard more than once within a [six] EIGHTEEN month period;
(H) the child day care provider or an assistant, employee or volunteer
has failed to make a report of suspected child abuse or maltreatment
when required to do so pursuant to section four hundred thirteen of this
article; [or]
(I) the child day care provider or an assistant, employee or volunteer
has submitted to the office of children and family services a forged
document as defined in section 170.00 of the penal law; OR
(J) THE CHILD DAY CARE PROVIDER VIOLATED A STATUTORY OR REGULATORY
REQUIREMENT NOT OTHERWISE CONTAINED IN THIS SUBPARAGRAPH THAT RESULTED
IN HARM OR RISK TO A CHILD IN ACCORDANCE WITH THE STANDARDS CONTAINED IN
CLAUSES (A) OR (B) OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVI-
SION.
S 6. Paragraph (e) of subdivision 11 of section 390 of the social
services law, as added by chapter 117 of the laws of 2010, is amended to
read as follows:
(e)(i) The office of children and family services shall deny OR REJECT
a new application for licensure or registration made by a day care
provider whose license or registration was previously SUSPENDED OR
revoked or [terminated] WHOSE RENEWAL WAS DENIED OR REJECTED based on a
violation of statute or regulation for a period of [two] THREE years
from the date that the revocation [or termination] OR SUSPENSION of the
license or registration became finally effective[, unless such] OR THE
DATE THE RENEWAL WAS DENIED OR REJECTED, WHICHEVER IS EARLIER. PROVIDED
HOWEVER, THE APPLICATION MAY BE APPROVED IF THE office determines, in
its discretion, that SUCH approval [of the application] will not in any
way jeopardize the health, safety or welfare of children in the center,
program or home. For the purposes of this paragraph, the date that the
revocation [or termination] became finally effective shall be, as appli-
cable:
(A) the date that the revocation [or termination] became effective
based on the notice of revocation [or termination];
(B) the date that the hearing decision was issued upholding the revo-
cation [or termination];
(C) the date of issuance of a final court order affirming the revoca-
tion [or termination] or affirming a hearing decision that upheld the
revocation [or termination]; or
(D) another date mutually agreed upon by the office of children and
family services and the provider.
(ii)(A) Such office shall deny OR REJECT a new application OR THE
RENEWAL OF AN APPLICATION for licensure or registration made by a day
care provider who is enjoined or otherwise prohibited by a court order
from operation of a day care center, group family day care home, family
day care home or school-age child care program without a license or
registration for a period of [two] THREE years from the date of the
court order unless the court order specifically enjoins the provider
from providing day care for a period longer than [two] THREE years, in
which case the office shall deny OR REJECT any new application made by
the provider while the provider is so enjoined.
(B) Such office shall deny OR REJECT a new application for licensure
or registration made by a day care provider who is assessed a second
S. 8134 7
civil penalty by such office for having operated a day care center,
group family day care home, family day care home or school-age child
care program without a license or registration for a period of [two]
FIVE years from the date of the second fine. For the purposes of this
paragraph, the date of the second fine shall be either the date upon
which the day care provider signs a stipulation agreement to pay the
second fine or the date upon which a hearing decision is issued affirm-
ing the determination of such office to impose the second fine, as
applicable.
(iii) A day care provider who surrenders the provider's license or
registration while such office is engaged in enforcement seeking suspen-
sion[,] OR revocation [or termination] of such provider's license or
registration pursuant to the regulations of such office, shall be deemed
to have had their license or registration revoked [or terminated] and
shall be subject to the prohibitions against licensing or registration
pursuant to subparagraph (i) of this paragraph for a period of [two]
THREE years from the date of surrender of the license or registration.
S 7. Subdivision 11 of section 390 of the social services law is
amended by adding a new paragraph (f) to read as follows:
(F) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DENY A NEW APPLI-
CATION FOR LICENSURE OR REGISTRATION OR THE RENEWAL OF AN APPLICATION
FOR LICENSURE OR REGISTRATION MADE BY A CHILD DAY CARE PROVIDER WHO
OPERATED A PROGRAM REFERENCED IN SUBDIVISION THIRTEEN OF THIS SECTION
AND WHOSE PERMIT WAS PREVIOUSLY REVOKED OR SUSPENDED OR WHOSE RENEWAL
WAS DENIED OR REJECTED BASED ON A VIOLATION OF STATUTE OR REGULATION FOR
A PERIOD OF THREE YEARS FROM THE DATE THAT THE REVOCATION OR SUSPENSION
OF THE PERMIT BECAME FINALLY EFFECTIVE OR THE DATE THE RENEWAL WAS
DENIED OR REJECTED. FOR THE PURPOSES OF THIS PARAGRAPH, THE DATE THAT
THE REVOCATION OR SUSPENSION BECAME FINALLY EFFECTIVE SHALL BE BASED ON
AN APPLICATION OF THE PROVISIONS ENUMERATED IN PARAGRAPH (E) OF THIS
SUBDIVISION, AS APPLICABLE.
S 8. Section 390 of the social services law is amended by adding a new
subdivision 11-a to read as follows:
11-A. WHEN AN ENFORCEMENT ACTION FOR SUSPENSION OR REVOCATION IS
COMMENCED AGAINST A CHILD CARE PROVIDER THAT OWNS MULTIPLE PROGRAMS, THE
OFFICE OF CHILDREN AND FAMILY SERVICES IS AUTHORIZED TO ASSESS THE
HEALTH AND SAFETY OF THE CHILDREN IN THE OTHER PROGRAMS OWNED BY SUCH
PROVIDER WITHIN TWO BUSINESS DAYS.
S 9. Subdivision 13 of section 390 of the social services law, as
amended by chapter 160 of the laws of 2003, is amended to read as
follows:
13. Notwithstanding any other provision of law[,] TO THE CONTRARY:
(A) this section, except for THIS SUBDIVISION AND, WHERE APPLICABLE,
paragraph [(a-1) of subdivision two-a] (D) OF SUBDIVISION THREE, SUBDI-
VISION EIGHT AND PARAGRAPH (F) OF SUBDIVISION ELEVEN of this section,
shall not apply to child day care centers in the city of New York[.];
(B) THE APPLICABLE REGULATORY STANDARD FOR CHILD DAY CARE CENTERS
REFERENCED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE LESS STRIN-
GENT THAN THE APPLICABLE SAFETY REGULATIONS FOR CHILD DAY CARE CENTERS
CONTAINED IN TITLE EIGHTEEN OF THE NEW YORK CODES, RULES AND REGU-
LATIONS; AND
(C) THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY DIRECT THE LOCAL
GOVERNMENTAL ENTITY THAT HAS OVERSIGHT OVER THE CHILD DAY CARE CENTERS
REFERENCED IN PARAGRAPH (A) OF THIS SUBDIVISION TO TAKE ANY ACTION
CONSISTENT WITH THE PROVISIONS OF THIS SECTION WHEN NECESSARY TO PROTECT
THE PUBLIC HEALTH OR CHILD HEALTH OR SAFETY IN ACCORDANCE WITH THE STAN-
S. 8134 8
DARD DETAILED IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF SUBDIVISION TEN
OF THIS SECTION IN RELATION TO CHILD DAY CARE CENTERS REFERENCED IN
PARAGRAPH (A) OF THIS SUBDIVISION.
S 10. Section 390-i of the social services law, as added by section 1
of part Q of chapter 56 of the laws of 2014, is amended to read as
follows:
S 390-i. Notice of inspection report, LIMITATION, SUSPENSION OR REVO-
CATION. 1. In every child day care program that is licensed or regis-
tered pursuant to section three hundred ninety of this title, the child
day care provider shall IMMEDIATELY post and maintain in a prominent
place[, a] VISIBLE TO PARENTS OR CAREGIVERS:
(A) A notice, to be provided by the office of children and family
services, that shall state the date the most recent child care
inspection occurred and provide information for parents and caregivers
regarding how to obtain information from such office regarding the
results of the inspection; AND
(B) THE PROVIDER'S MOST RECENT COMPLIANCE HISTORY AS SHOWN ON THE
OFFICE OF CHILDREN AND FAMILY SERVICES WEBSITE.
2. IN EVERY CHILD DAY CARE PROGRAM THAT IS LICENSED OR REGISTERED
PURSUANT TO SECTION THREE HUNDRED NINETY OF THIS TITLE AND EVERY CHILD
DAY CARE CENTER REFERENCED IN SUBDIVISION THIRTEEN OF SECTION THREE
HUNDRED NINETY OF THIS TITLE, THE CHILD DAY CARE PROVIDER SHALL IMME-
DIATELY POST AND MAINTAIN IN A PROMINENT PLACE, VISIBLE TO PARENTS OR
CAREGIVERS, ANY NOTICE ISSUED TO THE PROVIDER OF THE SUSPENSION, REVOCA-
TION OR LIMITATION OF THE PROGRAM. A NOTICE OF SUSPENSION OR LIMITATION
MUST REMAIN POSTED FOR A PERIOD OF AT LEAST THIRTY DAYS AND AT LEAST
UNTIL SUCH TIME AS THE CONDITION REQUIRING SUSPENSION OR LIMITATION HAS
BEEN DEEMED CORRECTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR
THE LOCAL GOVERNMENTAL ENTITY REFERENCED IN SUBDIVISION THIRTEEN OF
SECTION THREE HUNDRED NINETY OF THIS TITLE, OR IN THE EVENT THAT THE
CONDITION IS NOT DEEMED CORRECTED, UNTIL THE PROGRAM'S LICENSE, REGIS-
TRATION OR PERMIT HAS BEEN REVOKED.
3. If possible, the child day care provider shall also post [such] ALL
THE information AND NOTICES LISTED IN SUBDIVISIONS ONE AND TWO OF THIS
SECTION on the child day care program's website. [Such child day care
programs shall post and maintain, in a prominent place, such program's
most recent compliance history as shown on the office of children and
family services website.]
S 11. This act shall take effect immediately, provided, however, that:
a. Sections one, three, four, five, six, eight, and nine of this act
shall take effect on the ninetieth day after it shall have become a law;
b. Section ten of this act shall take effect twelve months after it
shall have become a law;
c. Sections two and seven of this act shall take effect eighteen
months after it shall have become a law; and
d. The office of children and family services is authorized to promul-
gate any rule or regulation necessary for the timely implementation of
this act.
