S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7971
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to outdoor  nature-
   based child care programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of section 390 of the social
 services law, as added by chapter 750 of the laws of  1990,  is  amended
 and a new paragraph (h) is added to read as follows:
   (c)  "Child day care center" shall mean any program or facility caring
 for children for more than three hours per day per child in which  child
 day  care is provided by a child day care provider except those programs
 operating as a group family day care home as such  term  is  defined  in
 paragraph  (d) of this subdivision, a family day care home, as such term
 is defined in paragraph (e) of  this  subdivision,  [and]  a  school-age
 child  care  program,  as  such term is defined in paragraph (f) of this
 subdivision, OR AN OUTDOOR NATURE-BASED CHILD CARE PROGRAM AS DEFINED IN
 PARAGRAPH (H) OF THIS SUBDIVISION.
   (H) "OUTDOOR NATURE-BASED CHILD CARE PROGRAM"  SHALL  MEAN  A  PROGRAM
 OPERATED  BY  A  CHILD  DAY  CARE PROVIDER CARING FOR CHILDREN AGED FOUR
 YEARS OR OLDER FOR MORE THAN THREE HOURS PER  DAY  PER  CHILD  IN  WHICH
 ENROLLED  CHILDREN  SPEND  MOST OF THEIR TIME OUTDOORS OR IN A STRUCTURE
 PROVIDING A WARM AND DRY PLACE TO PLAY DURING  INCLEMENT  WEATHER.  SUCH
 STRUCTURE MAY BE A STUDIO, YURT, TEEPEE, GREENHOUSE OR SIMILAR STRUCTURE
 AND  MAY  HAVE  A COMPOSTING TOILET OR OUTHOUSE WITH AN APPROPRIATE HAND
 CLEANING STATION.  SUCH STRUCTURE MAY BE HEATED BY A WOODSTOVE OR  OTHER
 HEAT SOURCE, PROVIDED THAT SUCH HEAT SOURCE IS SAFE AND INSPECTED BY THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  AS  WELL AS THE FIRE SAFETY
 INSPECTOR OF ANY LOCAL VILLAGE, TOWN OR CITY  HAVING  JURISDICTION  OVER
 THE  SITE  OF  THE PROGRAM. SUCH OUTDOOR NATURE-BASED CHILD CARE PROGRAM
 SHALL ONLY BE LICENSED ON A FARM OR IN A NATURE PRESERVE, PARK OR  OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10300-01-5
              

 S. 7971                             2
 
 OPEN  SPACE  COMPRISING AT LEAST SEVEN CONTIGUOUS ACRES OF LAND OWNED OR
 LEASED BY THE PROGRAM OR BY THE DIRECTOR, OWNER OR  PROPRIETOR  OF  SUCH
 PROGRAM.
   §  2.  Paragraph  (a)  of  subdivision  2 of section 390 of the social
 services law, as amended by section 3 of part H of  chapter  56  of  the
 laws of 2019, is amended to read as follows:
   (a)  Child day care centers caring for seven or more children, OUTDOOR
 NATURE-BASED CHILD CARE PROGRAMS and group family day care programs,  as
 defined  in subdivision one of this section, shall obtain a license from
 the office of children and family services and shall operate in  accord-
 ance  with the terms of such license and the regulations of such office.
 Initial licenses and subsequent licenses shall be valid for a period  of
 up  to  four  years  so  long  as  the provider remains substantially in
 compliance with applicable law and regulations during such period.
   § 3. Paragraph (a) of subdivision 2-a of section  390  of  the  social
 services law, as added by chapter 416 of the laws of 2000, is amended to
 read as follows:
   (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)
 appropriate  staff/child  ratios for family day care homes, group family
 day care homes, school age day care programs, OUTDOOR NATURE-BASED CHILD
 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  fourteen,  four
 hundred  sixteen,  four  hundred  seventeen  or four hundred eighteen of
 title eighteen of the New York code of rules and regulations as of Janu-
 ary first, two thousand, (iv) appropriate levels of supervision of chil-
 dren in care, AND (v) minimum standards for sanitation INCLUDING  STAND-
 ARDS FOR COMPOSTING TOILETS AND OUTHOUSES FOR OUTDOOR NATURE-BASED CHILD
 CARE  PROGRAMS,  health,  infection  control,  nutrition,  buildings and
 equipment, safety, security procedures, 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, PROVIDING HOWEVER, THAT  SUCH  STANDARDS  ARE
 CONTEXTUALLY APPROPRIATE FOR OUTDOOR NATURE-BASED CHILD CARE PROGRAMS AS
 WELL AS FOR MORE TRADITIONAL CHILD CARE PROGRAMS.
   §  4. Subdivisions 6 and 10 of section 390 of the social services law,
 subdivision 6 as added by chapter 750 of the laws of 1990  and  subdivi-
 sion  10  as  amended by chapter 416 of the laws of 2000, are amended to
 read as follows:
   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, OR OUTDOOR NATURE-BASED CHILD CARE PROGRAM 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.
 S. 7971                             3
 
   10. Any home or facility providing child day care shall be operated in
 accordance  with  applicable  statutes and regulations. Any violation of
 applicable statutes or regulations shall be  a  basis  to  deny,  limit,
 suspend, revoke, or terminate a license or registration. Consistent with
 articles  twenty-three  and  twenty-three-A  of  the correction law, and
 guidelines referenced in subdivision two of section four  hundred  twen-
 ty-five  of  this article, if the office of children and family services
 is made aware of the existence of a criminal conviction or pending crim-
 inal charge concerning an operator of a  family  day  care  home,  group
 family  day  care  home,  school-age child care program, OUTDOOR NATURE-
 BASED 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,
 reject, or terminate a  license  or  registration.  Before  any  license
 issued  pursuant  to  the  provisions  of  this  section is suspended or
 revoked, before registration pursuant to this section  is  suspended  or
 terminated,  or when an application for such license is denied or regis-
 tration rejected, the applicant for or holder of  such  registration  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. However, a
 license or registration shall be temporarily suspended or limited  with-
 out  a  hearing  upon  written  notice  to  the operator of the facility
 following a finding that the public health, or an individual's safety or
 welfare, are in imminent danger. The holder of a license  or  registrant
 is  entitled  to  a  hearing  before  the  office of children and family
 services to contest the temporary suspension or limitation. If the hold-
 er of a license or registrant requests a hearing to contest  the  tempo-
 rary  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.
   § 5. Subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision
 11 of section 390 of the social services law, as amended by chapter  416
 of the laws of 2000, are amended to read as follows:
   (i) The office of children and family services shall adopt regulations
 establishing  civil  penalties  of no more than five hundred 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,  OR
 OUTDOOR NATURE-BASED CHILD CARE PROGRAMS 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.
   (ii)  The  office  of  children  and family services shall adopt regu-
 lations establishing civil  penalties  of  no  more  than  five  hundred
 dollars  per  day  to  be  assessed against child day care providers who
 operate child day care centers, OUTDOOR NATURE-BASED CHILD CARE PROGRAMS
 or group family day care homes without a license or who  operate  family
 S. 7971                             4
 
 day  care  homes,  school-age  child  care  programs,  or child day care
 centers required to be registered without 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
 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,  OUTDOOR  NATURE-BASED CHILD CARE PROGRAM, 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,  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  relevant  matters which, if not
 disclosed in the answer, would not likely be  known  to  the  office  of
 children and family services.
   §  6.  Subparagraph (ii) of paragraph (b) 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:
   (ii) Upon the request of the office of children and  family  services,
 the  attorney general shall commence an action in any court of competent
 jurisdiction  against  any  child  day  care  program  subject  to   the
 provisions  of this subdivision and against any person, entity or corpo-
 ration operating such center or school age  child  care  program,  group
 family day care home [or], family day care home, OR OUTDOOR NATURE-BASED
 CHILD  CARE  PROGRAM  for  the  recovery  of any penalty assessed by the
 office of children and family services in accordance with the provisions
 of this subdivision.
   § 7. Clause (A) of 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:
   (A) the child day care provider has operated a child day care  center,
 OUTDOOR  NATURE-BASED  CHILD CARE PROGRAM, or group family day care home
 without a license, has refused to seek a license for  the  operation  of
 such  a  center,  PROGRAM  or  home,  or has continued to operate such a
 center, PROGRAM or home after denial of a license  application,  revoca-
 tion of an existing license or suspension of an existing license;
   §  8.  Subparagraph (ii) of 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:
   (ii)(A)  Such  office  shall  deny  a new 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, OUTDOOR  NATURE-BASED  CHILD
 CARE  PROGRAM  or  school-age  child  care  program without a license or
 registration for a period of two 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 years, in which  case  the  office
 S. 7971                             5
 
 shall  deny  any new application made by the provider while the provider
 is so enjoined.
   (B)  Such  office shall deny a new application for licensure or regis-
 tration made by a day care provider  who  is  assessed  a  second  civil
 penalty  by  such  office  for  having operated a day care center, group
 family day care home, family day care home, OUTDOOR  NATURE-BASED  CHILD
 CARE  PROGRAM  or  school-age  child  care  program without a license or
 registration for a period of two 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 deci-
 sion is issued affirming the determination of such office to impose  the
 second fine, as applicable.
   §  9.  Paragraph  (a)  of  subdivision 12 of section 390 of the social
 services law, as amended by chapter 117 of the laws of 2010, is  amended
 to read as follows:
   (a)  Notwithstanding  any  other  provision  of  law, except as may be
 required as a condition of  licensure  or  registration  by  regulations
 promulgated pursuant to this section, no village, town (outside the area
 of  any  incorporated  village), city or county shall adopt or enact any
 law, ordinance, rule or regulation which would impose, mandate or other-
 wise enforce standards for sanitation, health, fire safety  or  building
 construction  on  a one or two family dwelling or multiple dwelling used
 to provide group family day care or family day care than would be appli-
 cable were such child day care not provided on the premises. No village,
 town (outside the area of any  incorporated  village),  city  or  county
 shall  prohibit  or  restrict  use  of  a one or two family dwelling, or
 multiple dwelling for family or group family day care where a license or
 registration for such use has been issued in accordance with regulations
 issued pursuant to this section. ADDITIONALLY, NO VILLAGE, TOWN (OUTSIDE
 THE AREA OF ANY INCORPORATED VILLAGE) OR CITY SHALL PROHIBIT OR RESTRICT
 THE USE OF A STRUCTURE APPROVED BY THE OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  FOR USE IN AN OUTDOOR NATURE-BASED CHILD CARE PROGRAM PURSUANT
 TO PARAGRAPH (H) OF SUBDIVISION ONE OF THIS  SECTION.  Nothing  in  this
 paragraph shall preclude local authorities with enforcement jurisdiction
 of   the   applicable   sanitation,  health,  fire  safety  or  building
 construction code from making appropriate inspections to assure  compli-
 ance with such standards.
   §  10.  Subdivision  2 of section 390-a of the social services law, as
 amended by chapter 416 of the laws of 2000, paragraph (e)  as  added  by
 chapter 230 of the laws of 2001, is amended to read as follows:
   2.  No  license  or  registration shall be issued to a family day care
 home, group family day care home, school age child care program, OUTDOOR
 NATURE-BASED CHILD CARE PROGRAM or child day care  center  and  no  such
 registration or license shall be renewed until it can be demonstrated by
 the employer or licensing agency that there is a procedure developed and
 implemented,  in  accordance with section three hundred ninety-b of this
 title and pursuant to regulations of the office of children  and  family
 services, to:
   (a) review and evaluate the backgrounds of and information supplied by
 any  person applying to be a child day care center, OUTDOOR NATURE-BASED
 CHILD CARE PROGRAM or school-age child care program employee  or  volun-
 teer  or  group family day care assistant, a provider of family day care
 or group family day care, or a director of a child day care center, head
 start day care  center,  OUTDOOR  NATURE-BASED  CHILD  CARE  PROGRAM  or
 school-age  child care program. Such procedures shall include but not be
 S. 7971                             6
 
 limited to the following requirements: that the applicant set forth [his
 or her] THEIR employment history, provide personal and employment refer-
 ences; submit such information as is required  for  screening  with  the
 statewide central register of child abuse and maltreatment in accordance
 with  the provisions of section four hundred twenty-four-a of this arti-
 cle; sign a sworn statement indicating whether, to the best of  [his  or
 her] THEIR knowledge, [he or she has] THEY HAVE ever been convicted of a
 crime  in this state or any other jurisdiction; and provide [his or her]
 THEIR fingerprints for submission to the division  of  criminal  justice
 services  in  accordance  with  the  provisions of section three hundred
 ninety-b of this title;
   (b) establish relevant minimal experiential and educational qualifica-
 tions for employees and directors of child  day  care  centers,  OUTDOOR
 NATURE-BASED CHILD CARE PROGRAMS or head start day care center programs;
   (c)  assure  adequate  and  appropriate  supervision  of employees and
 volunteers of group family day care homes, family day care homes,  child
 day  care  centers, OUTDOOR NATURE-BASED CHILD CARE PROGRAMS and school-
 age child care programs; and
   (d) demonstrate, in the case of child day care centers,  group  family
 day  care  homes, family day care homes, OUTDOOR NATURE-BASED CHILD CARE
 PROGRAMS and school-age child care programs the  existence  of  specific
 procedures  which  will  assure the safety of a child who is reported to
 the state central register of child abuse and maltreatment  as  well  as
 other  children  provided care by such homes, centers or programs, imme-
 diately upon notification that a report has been made with respect to  a
 child  named  in  such  report while the child was in attendance at such
 homes, centers or programs.
   (e) establish necessary rules to provide for uniform  visitor  control
 procedures, including visitor identification.
   §  11.  Paragraph  (a) of subdivision 3 of section 390-a of the social
 services law, as amended by section 7 of part H of  chapter  56  of  the
 laws of 2019, is amended to read as follows:
   (a)  The office of children and family services shall promulgate regu-
 lations requiring operators, program directors, employees and assistants
 of family day care homes, group family day care homes, school-age  child
 care  programs,  OUTDOOR NATURE-BASED CHILD CARE PROGRAMS, and child day
 care centers to pre-service and annual training, as applicable. Provided
 however that such providers shall be required to receive thirty hours of
 training every two years; provided, however, any individual or  provider
 who  is already in compliance with this subdivision, prior to the effec-
 tive date of [the] PART H OF chapter FIFTY-SIX of the laws of two  thou-
 sand nineteen [that amended this subdivision], shall only be required to
 complete  any  additional  federal training requirements which they have
 not already completed in order to be  deemed  in  compliance  with  this
 subdivision.  Fifteen hours of such training must be received within the
 first six months of the initial licensure, registration  or  employment.
 Such training requirements shall also apply to any volunteer in such day
 care  homes,  programs  or centers who has the potential for regular and
 substantial contact  with  children.    The  thirty  hours  of  training
 required  during  the  first  biennial  cycle after initial licensure or
 registration shall include training received while  an  application  for
 licensure  or  registration  pursuant to section three hundred ninety of
 this title is pending. The office of children and  family  services  may
 provide this training through purchase of services.
 S. 7971                             7
 
   §  12.  Paragraph  c  of  subdivision 5 of section 390-a of the social
 services law, as added by chapter 334 of the laws of 2010, is amended to
 read as follows:
   c. The director of a child day care center shall provide that at least
 one  employee  who  holds  a valid certification in a course of study in
 first aid knowledge and skills and cardiopulmonary  resuscitation,  with
 an  emphasis  on  providing  that  aid  to  children, as approved by the
 commissioner of the office of children and family services, be on  prem-
 ises  during the operating hours of such child day care center, PROVIDED
 HOWEVER THAT ALL EMPLOYEES OF AN OUTDOOR NATURE-BASED CHILD CARE  CENTER
 SHALL HAVE SUCH CERTIFICATION WITHIN SIX MONTHS OF THEIR DATE OF HIRE.
   §  13.  Subdivision  8 of section 390-b of the social services law, as
 added by chapter 416 of the laws of 2000, is amended to read as follows:
   8. Any safety assessment  required  pursuant  to  this  section  shall
 include  a  review  of the duties of the individual, the extent to which
 such individual may have contact with children in the program or  house-
 hold  and  the  status  and nature of the criminal charge or conviction.
 Where the office of children and family  services  performs  the  safety
 assessment,  it  shall  thereafter take all appropriate steps to protect
 the health and safety of children receiving care in the child  day  care
 center,  school age child care program, family day care home [or], group
 family day care home OR OUTDOOR NATURE-BASED CHILD CARE PROGRAM.
   § 14. Subdivision 4 of section 412 of  the  social  services  law,  as
 amended  by section 2-a of part D of chapter 501 of the laws of 2012, is
 amended to read as follows:
   4. "Subject of the report" means any parent of, guardian of, or  other
 person  eighteen  years  of  age  or  older  legally responsible for, as
 defined in subdivision (g) of section one thousand twelve of the  family
 court  act,  a child reported to the statewide central register of child
 abuse and maltreatment who is allegedly responsible for causing  injury,
 abuse or maltreatment to such child or who allegedly allows such injury,
 abuse or maltreatment to be inflicted on such child; or a director or an
 operator  of, or employee or volunteer in, a home operated or supervised
 by an authorized agency, the office of children and family services,  or
 in  a  family  day-care home, a day-care center, a group family day care
 home, a school-age child care program,  AN  OUTDOOR  NATURE-BASED  CHILD
 CARE  PROGRAM or a day-services program who is allegedly responsible for
 causing injury, abuse or maltreatment to a child who is reported to  the
 statewide  central  register  of  child  abuse  or  maltreatment  or who
 allegedly allows such injury, abuse or maltreatment to be  inflicted  on
 such child;
   §  15.  Paragraph  (a)  of  subdivision 1 of section 413 of the social
 services law, as amended by section 7 of part C of  chapter  57  of  the
 laws of 2018, is amended to read as follows:
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 S. 7971                             8

 psychologist; registered nurse; social worker; emergency medical techni-
 cian; licensed creative arts therapist;  licensed  marriage  and  family
 therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
 licensed  behavior analyst; certified behavior analyst assistant; hospi-
 tal personnel engaged in the admission, examination, care  or  treatment
 of  persons;  a  Christian  Science practitioner; school official, which
 includes but is not limited to school teacher, school  guidance  counse-
 lor,  school  psychologist,  school  social worker, school nurse, school
 administrator or other school personnel required to hold a  teaching  or
 administrative  license  or  certificate;  full or part-time compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; employee of a publ-
 icly-funded emergency shelter for families with children; director of  a
 children's overnight camp, summer day camp or traveling summer day camp,
 as  such camps are defined in section thirteen hundred ninety-two of the
 public health law; day care center worker; school-age child care worker;
 provider of family or group family day  care;  PROVIDER  OF  AN  OUTDOOR
 NATURE-BASED  CHILD CARE PROGRAM; employee or volunteer in a residential
 care facility for children that is licensed, certified  or  operated  by
 the  office  of children and family services; or any other child care or
 foster care worker; mental health professional; substance abuse  counse-
 lor;  alcoholism  counselor;  all  persons credentialed by the office of
 [alcoholism  and  substance  abuse  services]  ADDICTION  SERVICES   AND
 SUPPORTS;  employees,  who  are expected to have regular and substantial
 contact with children, of a health home or health home  care  management
 agency contracting with a health home as designated by the department of
 health  and  authorized under section three hundred sixty-five-l of this
 chapter or such employees who provide home and community based  services
 under a demonstration program pursuant to section eleven hundred fifteen
 of  the federal social security act who are expected to have regular and
 substantial  contact  with  children;  peace  officer;  police  officer;
 district  attorney or assistant district attorney; investigator employed
 in the office of a district attorney; or other law enforcement official.
   § 16. Paragraph (a) of subdivision 1 of  section  413  of  the  social
 services  law, as amended by chapter 733 of the laws of 2023, is amended
 to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an
 abused or maltreated child: any physician; registered physician  assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 athletic  trainer;  psychologist; registered nurse; social worker; emer-
 gency medical technician; licensed  creative  arts  therapist;  licensed
 marriage   and  family  therapist;  licensed  mental  health  counselor;
 licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
 analyst assistant; hospital personnel engaged in the admission, examina-
 tion,  care  or  treatment of persons; a Christian Science practitioner;
 school official, which includes but is not limited  to  school  teacher,
 school  guidance  counselor,  school psychologist, school social worker,
 S. 7971                             9
 
 school nurse, school administrator or other school personnel required to
 hold a teaching or administrative license or certificate; full or  part-
 time  compensated  school employee required to hold a temporary coaching
 license  or  professional  coaching certificate; social services worker;
 employee of a publicly-funded emergency shelter for families with  chil-
 dren;  director of a children's overnight camp, summer day camp or trav-
 eling summer day camp, as such camps are  defined  in  section  thirteen
 hundred  ninety-two  of  the  public health law; day care center worker;
 school-age child care worker; provider of family  or  group  family  day
 care;  PROVIDER  OF AN OUTDOOR NATURE-BASED CHILD CARE PROGRAM; employee
 or volunteer in  a  residential  care  facility  for  children  that  is
 licensed,  certified  or  operated  by the office of children and family
 services; or any other child care or foster care worker;  mental  health
 professional;  substance  abuse  counselor;  alcoholism  counselor;  all
 persons credentialed by the office of [alcoholism  and  substance  abuse
 services]  ADDICTION  SERVICES AND SUPPORTS; employees, who are expected
 to have regular and substantial contact with children, of a health  home
 or  health home care management agency contracting with a health home as
 designated by the department of  health  and  authorized  under  section
 three hundred sixty-five-l of this chapter or such employees who provide
 home and community based services under a demonstration program pursuant
 to section eleven hundred fifteen of the federal social security act who
 are  expected  to  have  regular  and substantial contact with children;
 peace officer; police officer; district attorney or  assistant  district
 attorney; investigator employed in the office of a district attorney; or
 other law enforcement official.
   §  17.  Subparagraph (ii) of paragraph (a) of subdivision 1 of section
 424-a of the social services law, as amended by section 14 of part H  of
 chapter 56 of the laws of 2019, is amended to read as follows:
   (ii)  A licensing agency shall inquire of the office whether an appli-
 cant for a certificate, license  or  permit  to  operate  a  child  care
 program  including  a  family day care home, group family day care home,
 child care center, OUTDOOR NATURE-BASED CHILD CARE PROGRAM,  school  age
 child  care program, or enrolled legally exempt provider or an employee,
 volunteer or applicant to be an employee or volunteer  in  such  program
 who  has  potential for regular and substantial contact with children in
 the program, is the confirmed subject of an indicated child abuse report
 maintained  by  the  statewide  central  register  of  child  abuse  and
 maltreatment.  The  office  shall  promulgate regulations related to the
 process by which providers and applicants will be informed  whether  the
 applicant  is  authorized  or unauthorized to care for children based on
 the outcome of such inquiry.
   § 18. Subdivision 4 of section 424-a of the social  services  law,  as
 amended  by  section  15 of part H of chapter 56 of the laws of 2019, is
 amended to read as follows:
   4. For purposes of this section, the  term  "licensing  agency"  shall
 mean an authorized agency which has received an application to become an
 adoptive  parent  or an authorized agency which has received an applica-
 tion for a certificate or license to receive, board or  keep  any  child
 pursuant to the provisions of section three hundred seventy-six or three
 hundred  seventy-seven of this article or an authorized agency which has
 received an application from a relative  within  the  second  degree  or
 third  degree  of  consanguinity  of the parent of a child or a relative
 within the second degree or third degree of consanguinity of  the  step-
 parent  of  a  child  or  children,  or  the  child's legal guardian for
 approval to receive, board or keep such child, or an  authorized  agency
 S. 7971                            10
 
 that  conducts  a clearance pursuant to paragraph (d) of subdivision two
 of section four hundred fifty-eight-b of this article,  or  a  state  or
 local governmental agency which receives an application to provide child
 day  care  services  in  a  child day care center, school-age child care
 program, family day care home or group family  day  care  home,  OUTDOOR
 NATURE-BASED  CHILD CARE PROGRAM, or enrolled legally-exempt provider as
 such term is defined in subdivision one-a of section three hundred nine-
 ty-b of this article pursuant to the provisions of section three hundred
 ninety of this article, or the department of health and  mental  hygiene
 of  the  city  of New York, when such department receives an application
 for a certificate of approval to provide child day care  services  in  a
 child  day  care center pursuant to the provisions of the health code of
 the city of New York, or the office of mental health or the  office  for
 people  with  developmental  disabilities  when  such office receives an
 application for an operating certificate pursuant to the  provisions  of
 the  mental  hygiene  law  to  operate a family care home, or a state or
 local governmental official who receives an application for a permit  to
 operate  a camp which is subject to the provisions of article thirteen-B
 of the public health law or the office of children and  family  services
 which has received an application for a certificate to receive, board or
 keep  any  child at a foster family home pursuant to articles nineteen-G
 and nineteen-H of the executive law or any other  facility  or  provider
 agency,  as  defined in subdivision four of section four hundred eighty-
 eight of this chapter, in regard to any licensing or certification func-
 tion carried out by such facility or agency.
   § 19. Subdivision 2 of section 425 of  the  social  services  law,  as
 amended  by  chapter  126  of  the  laws  of 2014, is amended to read as
 follows:
   2. The department, after consultation with the division for youth, the
 division of criminal justice services, the department of mental hygiene,
 the commission on quality of care for  the  mentally  disabled  and  the
 state  education  department  shall develop guidelines to be utilized by
 appropriate state and local governmental agencies and  authorized  agen-
 cies  as defined by subdivision ten of section three hundred seventy-one
 of this article which have responsibility for the care and protection of
 children, in evaluating persons who have a  criminal  conviction  record
 and  who  have applied to such agencies or provider agencies, as defined
 in subdivision three of section four hundred twenty-four-a of this title
 for employment or who have applied to such state agencies  or  licensing
 agency  as  defined  in subdivision four of section four hundred twenty-
 four-a of this title, for a license, certificate, permit or approval  to
 be  an  adoptive  parent,  provider  of  day care services in a day care
 center, OUTDOOR NATURE-BASED CHILD CARE PROGRAM, family day care home or
 group family day care home,  an  operator  of  a  camp  subject  to  the
 provisions  of article thirteen-B of the public health law, or an opera-
 tor of a foster family home subject to  the  provisions  of  subdivision
 seven  of section five hundred one, section five hundred two or subdivi-
 sion three of section five hundred thirty-two-a of the executive law  or
 section  three  hundred  seventy-six  and three hundred seventy-seven of
 this article.
   § 20. This act shall take effect immediately; provided  however,  that
 section  sixteen  of  this act shall take effect on the same date and in
 the same manner as chapter 733 of the laws of 2023 takes effect.