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.