S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1197
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. ADDABBO, WEBB -- read twice and ordered printed, and
   when printed to be committed to the Committee on Disabilities
 
 AN  ACT  to  amend  the  social  services  law, in relation to requiring
   daycare facilities to maintain evacuation and lockdown plans for chil-
   dren with disabilities during an emergency situation

   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-n to read as follows:
   § 390-N. EMERGENCY EVACUATION AND LOCKDOWN  PLANS  FOR  CHILDREN  WITH
 DISABILITIES IN DAYCARE FACILITIES. 1. (A) NOTWITHSTANDING ANY PROVISION
 OF LAW TO THE CONTRARY, IT SHALL BE THE DUTY OF EVERY OWNER AND/OR OPER-
 ATOR OF A CHILD DAYCARE FACILITY OPERATING IN THE STATE TO ESTABLISH AND
 MAINTAIN EMERGENCY EVACUATION AND LOCKDOWN PLANS FOR CHILDREN WITH DISA-
 BILITIES  WITHIN  ONE  HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS
 SECTION.  FOR PURPOSES OF THIS SECTION, "CHILD DAYCARE  FACILITY"  SHALL
 INCLUDE  THE CHILD CARE PROGRAMS SET FORTH IN SUBDIVISION ONE OF SECTION
 THREE HUNDRED NINETY OF THIS TITLE,  EXCEPT  FOR  AN  "ENROLLED  LEGALLY
 EXEMPT PROVIDER" AS SUCH TERM IS DEFINED IN PARAGRAPH (G) OF SUCH SUBDI-
 VISION.
   (B)  THE  EMERGENCY  EVACUATION AND LOCKDOWN PLAN SHALL BE PROVIDED TO
 THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN SEVEN DAYS OF THE PLAN
 BEING FINALIZED.
   2. EACH EMERGENCY EVACUATION AND LOCKDOWN PLAN  REQUIRED  PURSUANT  TO
 THIS  SECTION  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO, THE FOLLOWING
 ELEMENTS:
   (A) PROCEDURES FOR EVACUATING CHILDREN WITH DISABILITIES;
   (B) LOCKDOWN PROCEDURES FOR CHILDREN WITH DISABILITIES;
   (C) A LIST OF CHILDREN ATTENDING THE DAYCARE FACILITY WHO HAVE A DISA-
 BILITY AND WHO WOULD NEED ASSISTANCE DURING AN EVACUATION,  LOCKDOWN  OR
 ANY OTHER EMERGENCY SITUATION; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01929-01-5
              

 S. 1197                             2
 
   (D) THE LOCATION AND TYPE OF EVACUATION OR LOCKDOWN ASSISTANCE DEVICES
 OR  ASSISTIVE TECHNOLOGIES THAT ARE AVAILABLE WITHIN THE DAYCARE FACILI-
 TY.
   3.  TO  THE EXTENT PRACTICABLE, EACH EMERGENCY EVACUATION AND LOCKDOWN
 PLAN SHALL TAKE INTO ACCOUNT THE PARTICULAR DISABILITIES THE CHILDREN IN
 THE DAYCARE FACILITY MAY HAVE.
   4. (A) EACH DAYCARE FACILITY SHALL MAKE THE PLAN REQUIRED PURSUANT  TO
 THIS SECTION AVAILABLE UPON REQUEST TO:
   (I) LOCAL LAW ENFORCEMENT AND EMERGENCY RESPONDERS;
   (II) EMPLOYEES AND OTHER PERSONNEL OF THE PROGRAMS AS DEEMED NECESSARY
 FOR  PURPOSES  OF  BEING ABLE TO CARRY OUT AND COMPLY WITH THE EMERGENCY
 EVACUATION AND LOCKDOWN PLANS SET FORTH IN THIS SECTION; AND
   (III) A PARENT OR CUSTODIAN; PROVIDED, HOWEVER, A PARENT OR  CUSTODIAN
 MAY  ONLY  RECEIVE PLAN INFORMATION THAT PERTAINS DIRECTLY TO A CHILD IN
 THEIR CARE AND CUSTODY.
   (B) ALL INFORMATION RELATED TO A YOUTH'S DIAGNOSES,  DISABILITIES,  OR
 IDENTIFICATION MUST REMAIN CONFIDENTIAL AS REQUIRED BY FEDERAL AND STATE
 LAW.
   4.  A  COPY  OF  THE  PLAN SHALL BE MAINTAINED AT ALL TIMES IN A PLACE
 EASILY ACCESSIBLE BY LAW ENFORCEMENT, EMERGENCY RESPONDERS  AND  DAYCARE
 FACILITY EMPLOYEES.
   5.  ON  AN  ANNUAL BASIS, EVERY DAYCARE FACILITY SHALL UPDATE THE PLAN
 AND PROVIDE THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  PARENTS  AND
 FACILITY  EMPLOYEES WITH NOTICE DETAILING THE UPDATED PROVISIONS OF SUCH
 PLAN, IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION.
   § 2. This act shall take effect immediately.