S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7815--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 13, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee on Children and Families in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee

 AN  ACT  to amend the social services law, in relation to inspections of
   child day care homes, programs and  facilities,  and  opioid  overdose
   prevention
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subparagraph (iv) of paragraph (d) of subdivision 2, para-
 graph (a) of subdivision 2-a,  subparagraph  (i)  of  paragraph  (c)  of
 subdivision  3,  subdivision  6  and  paragraph  (a) of subdivision 7 of
 section 390 of the social services law, subparagraph (iv)  of  paragraph
 (d)  of  subdivision  2 and subdivision 6 as added by chapter 750 of the
 laws of 1990, subdivision 2-a as added and subparagraph (i) of paragraph
 (c) of subdivision 3 as amended by chapter 416 of the laws of 2000,  and
 paragraph  (a) of subdivision 7 as amended by chapter 160 of the laws of
 2003, are amended to read as follows:
   (iv) (A) Child day care providers who have been issued a license shall
 openly display such license in  the  facility  or  home  for  which  the
 license is issued. Child day care providers who have registered with the
 department shall provide proof of registration upon request.
   (B) HOME BASED CHILD DAY CARE PROVIDERS WHO HAVE BEEN ISSUED A LICENSE
 SHALL ADDITIONALLY OPENLY DISPLAY THE NUMBER OF HOUSEHOLD MEMBERS LIVING
 IN THE HOME AND UPDATE WHEN THERE IS ANY CHANGE IN HOUSEHOLD.  CHILD DAY
 CARE PROVIDERS MUST DISCLOSE THE MOST RECENTLY UPDATED INFORMATION IMME-
 DIATELY  UPON  REQUEST TO AN INSPECTOR, PARENT, LEGAL GUARDIAN, OR RELA-
 TIVE WITHIN THE THIRD DEGREE OF CONSANGUINITY  OF  THE  PARENT  OF  SUCH
 CHILD.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13298-06-4
 S. 7815--A                          2
              

 
   (a)  The office of children and family services shall promulgate regu-
 lations  which  establish  minimum  quality  program  requirements   for
 licensed  and  registered child day care homes, programs and facilities.
 Such requirements shall include but not be limited to (i) the  need  for
 age  appropriate  activities,  materials and equipment to promote cogni-
 tive, educational, social, cultural, physical, emotional,  language  and
 recreational  development  of  children  in  care in a safe, healthy and
 caring environment (ii) principles of childhood development (iii) appro-
 priate staff/child ratios for family day care homes,  group  family  day
 care  homes, school age day care programs and day care centers, provided
 however that such staff/child ratios shall not be  less  stringent  than
 applicable  staff/child  ratios  as set forth in part four hundred four-
 teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
 teen of title eighteen of the New York code of rules and regulations  as
 of January first, two thousand (iv) appropriate levels of supervision of
 children in care (v) minimum standards for sanitation, health, infection
 control,  nutrition,  buildings  and  equipment, safety, security proce-
 dures, first aid, fire prevention, fire  safety,  evacuation  plans  and
 drills, prevention of child abuse and maltreatment, staff qualifications
 and  training, record keeping, and child behavior management (VI) EDUCA-
 TION ON OVERDOSE PREVENTION.
   (i) The office of children and family services shall establish a toll-
 free statewide telephone number AND ELECTRONIC MAIL to receive inquiries
 about child day care homes, programs and facilities  and  complaints  of
 violations of the requirements of this section or regulations promulgat-
 ed  under this section. The office of children and family services shall
 develop a system for investigation, which shall include  inspection,  of
 such  complaints. The office of children and family services may provide
 for such investigations through purchase  of  services.  The  office  of
 children  and  family  services  shall develop a process for publicizing
 such toll-free telephone number AND ELECTRONIC MAIL to  the  public  for
 making  inquiries  or complaints about child day care homes, programs or
 facilities.  A CHILD DAY CARE PROVIDER SHALL BE REQUIRED TO DISPLAY SUCH
 TOLL FREE TELEPHONE NUMBER AND ELECTRONIC MAIL ALONGSIDE THEIR LICENSE.
   6. Unless otherwise limited by law, a parent with legal custody  or  a
 legal  guardian  of  any  child  in  a child day care program shall have
 unlimited and on demand access to such child or  ward.  Such  parent  or
 guardian  unless  otherwise limited by law, also shall have the right to
 inspect on demand during its hours of operation any area of a child  day
 care  center, group family day care home, school-age child care program,
 or family day care home to which the child or ward  of  such  parent  or
 guardian  has  access  or which could present a hazard to the health and
 safety of the child or ward.   SUCH RIGHT TO  INSPECT  SHALL  BE  POSTED
 ALONGSIDE THE CHILD DAY CARE PROVIDER'S LICENSE.
   (a)  The  department  shall implement on a statewide basis programs to
 educate parents and other potential consumers of child day care programs
 about their selection and use.  The  department  may  provide  for  such
 implementation  through  the  purchase of services. Such education shall
 include, but not be limited to, the following topics:
   (i) types of child day care programs;
   (ii) factors to be considered in selecting and  evaluating  child  day
 care programs;
   (iii) regulations of the department governing the operation of differ-
 ent types of programs;
   (iv)  rights of parents or guardians in relation to access to children
 and inspection of child day care programs;
 S. 7815--A                          3

   (v) information concerning the availability of child day  care  subsi-
 dies;
   (vi) information about licensing and registration requirements;
   (vii)  prevention  of  child  abuse and maltreatment in child day care
 programs, including screening of child day care providers and employees;
   (viii) tax information; [and]
   (ix) factors to be considered in selecting and  evaluating  child  day
 care  programs  when  a child needs administration of medications during
 the time enrolled[.]; AND
   (X) ALL INFORMATION REQUIRED TO BE DISPLAYED OR POSTED BY A CHILD  DAY
 CARE PROVIDER.
   §  2.    Section 390 of the social services law is amended by adding a
 new subdivision 15 to read as follows:
   15. ALL INSPECTIONS OF THE PREMISES OF ANY  CHILD  DAY  CARE  PROVIDER
 PURSUANT  TO  THE PROVISIONS OF THIS SECTION SHALL INCLUDE ONLY A VISUAL
 INSPECTION OF EVERY ROOM AND CLOSET IN THE HOME OR FACILITY.
   § 3. Subdivision 1 of section 390-a of the  social  services  law,  as
 amended  by chapter 416 of the laws of 2000, is amended and a new subdi-
 vision 6 is added to read as follows:
   1. All office of children and  family  services  and  municipal  staff
 employed  to accept registrations, issue licenses or conduct inspections
 of child day care homes, programs or facilities, subject to the  amounts
 appropriated therefor, shall receive training in at least the following:
 regulations  promulgated  by  the office of children and family services
 pursuant to section three hundred ninety  of  this  title;  child  abuse
 prevention  and  identification; safety and security procedures in child
 day care settings; the principles of childhood  development,  [and]  the
 laws,  regulations  and  procedures governing the protection of children
 from abuse or maltreatment, AND TO RECOGNIZE THE PRESENCE OF  CONTROLLED
 SUBSTANCES  AS  DEFINED  UNDER  SECTION  THIRTY-THREE HUNDRED SIX OF THE
 PUBLIC HEALTH LAW AND COMMON PARAPHERNALIA.
   6. (A) ALL PROVIDERS OF CHILD DAY  CARE  SHALL  PROVIDE  AND  MAINTAIN
 ONSITE  OPIOID  ANTAGONISTS,  AS DEFINED IN SECTION THIRTY-THREE HUNDRED
 NINE OF THE PUBLIC HEALTH LAW, IN QUANTITIES AND  TYPES  DEEMED  BY  THE
 COMMISSIONER  OF  HEALTH.  SUCH OPIOID ANTAGONISTS SHALL BE OUT OF REACH
 FROM CHILDREN  AND  ACCESSIBLE  BY  EVERY  OPERATOR,  PROGRAM  DIRECTOR,
 EMPLOYEE  AND  ASSISTANT FOR USE DURING EMERGENCIES TO ANY INDIVIDUAL ON
 PREMISES SUSPECTED OF HAVING AN OPIOID OVERDOSE WHETHER OR NOT THERE  IS
 A PREVIOUS HISTORY OF OPIOID ABUSE.
   (B)  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
 THE DEPARTMENT OF HEALTH  AND  THE  OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS,  SHALL  PROVIDE  CHILD  DAY CARE PROVIDERS AND A PARENT, LEGAL
 GUARDIAN, OR RELATIVE WITHIN THE THIRD DEGREE OF  CONSANGUINITY  OF  THE
 PARENT  OF  SUCH CHILD, INFORMATION ON HOW TO OBTAIN OVERDOSE PREVENTION
 TRAINING AND OPIOID ANTAGONISTS. SUCH  INFORMATION  SHALL  INCLUDE  FREE
 OPIOID ANTAGONISTS THROUGH EXISTING PROGRAMS OR SERVICES.
   (C)  ANY  PERSON  OR  ENTITY  ACTING  REASONABLY  AND IN GOOD FAITH IN
 COMPLIANCE WITH THIS SUBDIVISION SHALL NOT BE SUBJECT TO CRIMINAL, CIVIL
 OR ADMINISTRATIVE LIABILITY SOLELY BY REASON OF SUCH ACTION.
   § 4. Subparagraphs (ix) and (x) of paragraph (b) of subdivision  3  of
 section  390-a  of the social services law, subparagraph (ix) as amended
 and subparagraph (x) as added by chapter 675 of the laws  of  2019,  are
 amended and a new subparagraph (xi) is added to read as follows:
   (ix)  for  operators,  program  directors, employees and assistants of
 family day care homes, group family day care homes and  child  day  care
 S. 7815--A                          4
 
 centers,  education and information on the identification, diagnosis and
 prevention of shaken baby syndrome; [and]
   (x)  adverse  childhood  experiences  (ACEs), focused on understanding
 trauma and on nurturing resiliency[.]; AND
   (XI) OVERDOSE PREVENTION TRAINING PURSUANT TO A PROGRAM APPROVED UNDER
 SECTION THIRTY-THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.