Senate Bill S9728

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9728
 
                             I N  S E N A T E
 
                               April 2, 2026
                                ___________
 
 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  caregiver
   requirements for certain day care homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06768-01-5
 S. 9728                             2
 
 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.