§ 390-a. Standards and training for child day care. 1. All office of
children and family services and municipal staff employed to accept
registrations, issue licenses or conduct inspections of child day care
homes, programs or facilities, subject to the amounts appropriated
therefor, shall receive training in at least the following: regulations
promulgated by the office of children and family services pursuant to
section three hundred ninety of this title; child abuse prevention and
identification; safety and security procedures in child day care
settings; the principles of childhood development, and the laws,
regulations and procedures governing the protection of children from
abuse or maltreatment.

2. No license or registration shall be issued to a family day care
home, group family day care home, school age 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 or school-age child
care program employee or volunteer 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 or school-age child
care program. Such procedures shall include but not be limited to the
following requirements: that the applicant set forth his or her
employment history, provide personal and employment references; 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 article; sign a
sworn statement indicating whether, to the best of his or her knowledge,
he or she has ever been convicted of a crime in this state or any other
jurisdiction; and provide his or her 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
qualifications for employees and directors of child day care centers 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 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 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, immediately 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.

3. (a) The office of children and family services shall promulgate
regulations requiring operators, program directors, employees and
assistants of family day care homes, group family day care homes,
school-age child care programs and child day care centers to receive
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 effective date
of the chapter of the laws of two thousand 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.

(b) The training required in paragraph (a) of this subdivision shall
address topics and subject matters required by federal law and the
following topics or subject matters, unless such topics or subject
matters are substantially covered in training that is required pursuant
to federal law:

(i) principles of childhood development, focusing on the developmental
stages of the age groups for which the program provides care;

(ii) nutrition and health needs of infants and children;

(iii) child day care program development;

(iv) safety and security procedures;

(v) business record maintenance and management;

(vi) child abuse and maltreatment identification and prevention;

(vii) statutes and regulations pertaining to child day care;

(viii) statutes and regulations pertaining to child abuse and
maltreatment;

(ix) for operators, program directors, employees and assistants of
family day care homes, group family day care homes and child day care
centers, education and information on the identification, diagnosis and
prevention of shaken baby syndrome; and

(x) adverse childhood experiences (ACEs), focused on understanding
trauma and on nurturing resiliency.

(c) For the thirty hours of biennial training required after the
initial period of licensure or registration, each provider who can
demonstrate basic competency shall determine in which of the specified
topics he or she needs further study, based on the provider's experience
and the needs of the children in the provider's care.

(d) Family day care home and group family day care home operators
shall obtain training pertaining to protection of the health and safety
of children, as required by regulation, prior to the issuance of a
license or registration by the office of children and family services.

(e) Upon request by the office of children and family services, the
child day care applicant or provider shall submit documentation
demonstrating compliance with the training requirements of this section.

4. No license or registration shall be issued to a family day care
home or group family day care home and no such registration shall be
renewed if barriers, as defined in paragraph (d) of subdivision one of
section three hundred ninety-d of this title, are not present around any
swimming pool or body of water, as defined in paragraphs (b) and (c) of
subdivision one of section three hundred ninety-d of this title, located
on its grounds, pursuant to section three hundred ninety-d of this
title.

5. a. The site provider of a family day care home or group family day
care home 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 premises during the operating hours of such
family day care home or group family day care home.

b. The site supervisor of a school-age child care program 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 premises during the operating hours of such school-age
child care program.

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
premises during the operating hours of such child day care center.