Senate Bill S9049

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9049
 
                             I N  S E N A T E
 
                             January 27, 2026
                                ___________
 
 Introduced  by  Sen. ROLISON -- 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 staffing  flexi-
   bility  for  licensed  child day care programs during workforce short-
   ages, clarification of director staffing roles,  and  modification  of
   infant age definitions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The  legislature  finds  that  in
 response  to  ongoing  child  care  workforce shortages that continue to
 reduce availability and affordability for working  families  across  New
 York  state.  The  goal  of this bill is to preserve licensed child care
 capacity through limited,  targeted  statutory  changes  that  emphasize
 child  safety while preventing unnecessary closures, reduced enrollment,
 and punitive enforcement actions for non-safety-related staffing issues.
   § 2. Subdivision 1 of section  390  of  the  social  services  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  "DIRECTOR, OPERATOR, OR PROGRAM ADMINISTRATOR" MEANS ANY INDIVID-
 UAL WHO HAS PRIMARY RESPONSIBILITY FOR  THE  ADMINISTRATION,  OVERSIGHT,
 AND  MANAGEMENT  OF  A CHILD DAY CARE PROGRAM, INCLUDING BUT NOT LIMITED
 TO:
   (I) A DIRECTOR OR ADMINISTRATOR RESPONSIBLE FOR THE  DAY-TO-DAY  OPER-
 ATIONS  OF  A  CHILD DAY CARE CENTER, FAMILY DAY CARE HOME, GROUP FAMILY
 DAY CARE HOME, OR SCHOOL-AGE CHILD CARE PROGRAM;
   (II) AN OPERATOR WHO HOLDS THE LICENSE OR REGISTRATION FOR THE FACILI-
 TY OR PROGRAM; OR
   (III) ANY INDIVIDUAL DESIGNATED BY THE LICENSEE AND  AUTHORIZED  UNDER
 REGULATIONS  OF  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES TO PERFORM
 ADMINISTRATIVE OR SUPERVISORY DUTIES.
   § 3. Paragraphs (d) and (e) of subdivision 1 of  section  390  of  the
 social  services law, as amended by chapter 117 of the laws of 2010, are
 amended to read as follows:
   (d) "Group family day care home" shall mean a program caring for chil-
 dren for more than three hours per day per child in which child day care
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14422-01-6
 S. 9049                             2
 
 is provided in a family home for seven to twelve children of  all  ages,
 except  for  those programs operating as a family day care home, as such
 term is defined in paragraph (e) of this  subdivision,  which  care  for
 seven  or  eight  children. A group family day care provider may provide
 child day care services to four additional children if  such  additional
 children  are  of  school  age  and  such children receive services only
 before or after the period such children are  ordinarily  in  school  or
 during school lunch periods, or school holidays, or during those periods
 of  the year in which school is not in session. There shall be one care-
 giver for every two children under [two years] EIGHTEEN MONTHS of age in
 the group family home. A group family day care home must have  at  least
 one  assistant  to  the  operator  present  when child day care is being
 provided to seven or more children when none of the children are  school
 age,  or  nine  or  more  children when at least two of the children are
 school age and such children receive services only before or  after  the
 period  such  children  are  ordinarily in school or during school lunch
 periods, or school holidays, or during those  periods  of  the  year  in
 which  school is not in session. This assistant shall be selected by the
 group family day care operator and shall meet the qualifications  estab-
 lished  for  such  position by the regulations of the office of children
 and family services.
   (e) "Family day care home" shall mean a program  caring  for  children
 for  more  than three hours per day per child in which child day care is
 provided in a family home for three to six children. There shall be  one
 caregiver  for  every  two children under [two years] EIGHTEEN MONTHS of
 age in the family day care home. A family day care provider may,  howev-
 er, care for seven or eight children at any one time if no more than six
 of  the  children  are less than school age and the school-aged children
 receive care primarily before or after  the  period  such  children  are
 ordinarily  in  school, during school lunch periods, on school holidays,
 or during those periods of the year in which school is not in session in
 accordance with the regulations of the office  of  children  and  family
 services  and  the  office  inspects  such home to determine whether the
 provider can care adequately for seven or eight children.
   § 4. Section 390 of the social services law is amended by adding a new
 subdivision 2-b to read as follows:
   2-B. (A) NOTWITHSTANDING ANY PROVISION OF LAW  OR  REGULATION  TO  THE
 CONTRARY,  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES IS AUTHORIZED TO
 GRANT TEMPORARY AND LIMITED FLEXIBILITY  IN  STAFF-TO-CHILD  RATIOS  AND
 MAXIMUM  GROUP  SIZE  REQUIREMENTS  FOR LICENSED CHILD DAY CARE CENTERS,
 FAMILY DAY CARE HOMES, AND GROUP FAMILY DAY CARE HOMES DURING DOCUMENTED
 WORKFORCE SHORTAGES.
   (B) SUCH TEMPORARY FLEXIBILITY MAY BE GRANTED ONLY WHERE THE OFFICE OF
 CHILDREN AND FAMILY SERVICES DETERMINES THAT:
   (I) THE PROVIDER HAS DEMONSTRATED A GOOD-FAITH EFFORT TO  RECRUIT  AND
 RETAIN QUALIFIED STAFF;
   (II) THE PROVIDER IS UNABLE TO MEET STAFFING REQUIREMENTS DUE TO WORK-
 FORCE SHORTAGES BEYOND THE PROVIDER'S REASONABLE CONTROL; AND
   (III)  THE  PROVIDER REMAINS IN COMPLIANCE WITH ALL APPLICABLE HEALTH,
 SAFETY, AND SUPERVISION REQUIREMENTS.
   (C) ANY FLEXIBILITY GRANTED PURSUANT TO THIS SUBDIVISION SHALL:
   (I) BE TIME-LIMITED;
   (II) NOT EXCEED RATIO OR GROUP SIZE LIMITS ESTABLISHED BY  THE  OFFICE
 OF CHILDREN AND FAMILY SERVICES PURSUANT TO REGULATION; AND
   (III)  BE  SUBJECT  TO PERIODIC REVIEW AND REVOCATION BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES.
 S. 9049                             3
 
   (D) THE AUTHORITY GRANTED PURSUANT TO THIS SUBDIVISION  SHALL  NOT  BE
 CONTINGENT  UPON  A  DECLARED STATE OF EMERGENCY AND MAY BE EXERCISED IN
 RESPONSE TO STATEWIDE, REGIONAL, OR  PROGRAM-SPECIFIC  WORKFORCE  SHORT-
 AGES, AS DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   § 5. Section 390 of the social services law is amended by adding a new
 subdivision 2-c to read as follows:
   2-C.  (A)  NOTWITHSTANDING  ANY  PROVISION OF LAW OR REGULATION TO THE
 CONTRARY, A CHILD DAY CARE PROGRAM DIRECTOR, ASSISTANT DIRECTOR, OR SITE
 SUPERVISOR WHO OTHERWISE MEETS APPLICABLE STAFF  QUALIFICATION  REQUIRE-
 MENTS MAY TEMPORARILY SERVE IN A CLASSROOM STAFFING ROLE, INCLUDING AS A
 LEAD  TEACHER, FOR THE PURPOSE OF MAINTAINING REQUIRED CHILD SUPERVISION
 DURING STAFFING SHORTAGES.
   (B) A LICENSED CHILD DAY CARE PROGRAM SHALL NOT BE CITED FOR A  STAFF-
 ING  OR  RATIO  VIOLATION SOLELY ON THE BASIS THAT A DIRECTOR, ASSISTANT
 DIRECTOR, OR SITE SUPERVISOR IS SERVING IN A CLASSROOM ROLE PURSUANT  TO
 THIS SUBDIVISION, PROVIDED THAT:
   (I) REQUIRED SUPERVISION OF CHILDREN IS MAINTAINED;
   (II) ALL APPLICABLE HEALTH AND SAFETY REQUIREMENTS ARE MET; AND
   (III) SUCH TEMPORARY SERVICE IS DOCUMENTED BY THE PROVIDER.
   (C)  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES SHALL DISTINGUISH
 ADMINISTRATIVE STAFFING DEFICIENCIES ARISING FROM  DOCUMENTED  WORKFORCE
 SHORTAGES FROM VIOLATIONS THAT POSE A DIRECT AND IMMEDIATE RISK TO CHILD
 HEALTH OR SAFETY, AND SHALL ENSURE THAT SUCH ADMINISTRATIVE DEFICIENCIES
 DO  NOT  AUTOMATICALLY RESULT IN ADVERSE LICENSING ACTIONS OR INSURANCE-
 RELATED CONSEQUENCES.
   § 6.  Section 390 of the social services law is amended  by  adding  a
 new subdivision 10-a to read as follows:
   10-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A DIRECTOR,
 OPERATOR,  PROGRAM  ADMINISTRATOR, OR OTHER INDIVIDUAL DESIGNATED BY THE
 LICENSEE AND AUTHORIZED UNDER REGULATIONS OF THE OFFICE OF CHILDREN  AND
 FAMILY SERVICES MAY PROVIDE DIRECT CARE AND SUPERVISION OF CHILDREN IN A
 CHILD DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, FAMILY DAY CARE HOME,
 OR  SCHOOL-AGE  CHILD CARE PROGRAM. SUCH PARTICIPATION SHALL NOT CONSTI-
 TUTE A VIOLATION OF LICENSURE OR REGISTRATION REQUIREMENTS, NOR SHALL IT
 SERVE AS A BASIS FOR CITATIONS, FINES, OR OTHER PENALTIES, PROVIDED THAT
 ALL APPLICABLE BACKGROUND CHECKS, TRAINING, AND  QUALIFICATION  REQUIRE-
 MENTS  FOR  SUCH  INDIVIDUAL  HAVE BEEN SATISFIED IN ACCORDANCE WITH THE
 REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.