S T A T E O F N E W Y O R K
________________________________________________________________________
3190
2025-2026 Regular Sessions
I N A S S E M B L Y
January 23, 2025
___________
Introduced by M. of A. ROSENTHAL, PAULIN, MILLER -- Multi-Sponsored by
-- M. of A. COOK -- read once and referred to the Committee on Chil-
dren and Families
AN ACT to amend the social services law, in relation to requiring
licensed day care facilities to contact a child's parent or guardian
if they are absent
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-aa to read as follows:
§ 390-AA. CHILD ABSENCE CONFIRMATION. 1. FOR PURPOSES OF THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ABSENT" OR "ABSENCE" SHALL MEAN ANY CHILD WHO IS EXPECTED TO BE
PRESENT FOR DAY CARE SERVICES WHO HAS NOT ARRIVED AT THE SCHEDULED DROP-
OFF TIME.
(B) "CHILD DAY CARE PROVIDER" SHALL HAVE THE SAME MEANING AS DEFINED
IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF
THIS TITLE.
(C) "GROUP FAMILY DAY CARE HOME" SHALL HAVE THE SAME MEANING AS
DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
NINETY OF THIS TITLE.
(D) "FAMILY DAY CARE HOME" SHALL HAVE THE SAME MEANING AS DEFINED IN
PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THIS
TITLE.
(E) "SCHOOL AGE CHILD CARE" SHALL HAVE THE SAME MEANING AS DEFINED IN
PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THIS
TITLE.
2. (A) ALL CHILD DAY CARE PROVIDERS, SCHOOL AGE CHILD CARE PROGRAMS,
GROUP FAMILY DAY CARE HOMES AND FAMILY DAY CARE HOMES WITHIN THE STATE
SHALL BE REQUIRED TO CONTACT A CHILD'S PARENT OR GUARDIAN IN THE EVENT
SUCH CHILD IS ABSENT ON A GIVEN DAY, WHEN PRIOR NOTICE OF SUCH CHILD'S
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05641-01-5
A. 3190 2
ABSENCE HAS NOT BEEN PROVIDED, TO CONFIRM SUCH CHILD'S ABSENCE IS
EXPECTED AND THE PARENT OR GUARDIAN IS AWARE OF SUCH ABSENCE.
(B) SUCH DAY CARE PROVIDERS, PROGRAMS OR HOMES SHALL CONTACT SUCH
PARENT OR GUARDIAN BY PHONE WITHIN THIRTY MINUTES AFTER RECORDING THAT A
CHILD IS ABSENT ON SUCH DAY.
§ 2. This act shall take effect immediately.