At the Joint Public Hearing on “Access to Quality Child Care” sponsored by the Senate and Assembly Standing Committees on Children and Families and the Assembly Legislative Task Force on Women’s Issues,  Senator Montgomery questioned Acting Commissioner Sheila J. Poole of the New York State Office of Children and Family Services regarding the emergency child care regulations implemented by the Cuomo Administration and its impact on community-based child care providers.  The questioning focused on Senator Montgomery's  2016 letter detailing comments and concerns about the proposed regulations and the lack of response from the agency to the issues raised. 

Senator Montgomery's letter noted:

As a State Senator, a mother and an early childhood education professional, I prioritize the safety and wellbeing of children in my district and across the state. I have always and will continue to advocate for our youth who do not have lobbyists, who cannot participate in elections and who often do not have their interests represented in Albany. I understand and appreciate the Governor’s efforts to ensure our children’s safety in child care facilities. Those who have been tasked with caring for our children of course need to be held to high standards. However these regulations are both overly punitive and lack the nuances necessary to make them effective.

I am concerned that these proposed regulations reflect a larger issue regarding the underfunding and devaluing of child care and those who provide these critical services. There is a clear disconnect between the significant contributions child care providers make to the communities they serve and the way child care is addressed in public policy.

Day cares, especially in low-income neighborhoods and communities of color, have traditionally provided safe spaces for our most vulnerable members of society. Providers have and continue to care for our children while being grossly underpaid, severely under resourced and even disrespected. We should not add criminal treatment to the list of challenges they already face and we must include their perspectives when making changes in law that directly impact them.

Prior to her letter, Senator Montgomery convened meetings with community stakeholders, child care providers and advocates from my district and in Albany to discuss the proposed regulations and receive feedback. Providers were especially concerned about changes to the fair hearing process allowing the Office of Children and Family Services (OCFS) to circumvent the hearing process in certain instances; the referrals to law enforcement and creating a new potential for law enforcement involvement; the substantial increase in fines, almost doubling and in some cases quadrupling fines for even first time offenses; and the definition of “imminent danger" and the lack of clarity to allow for the nuances that are present in real life cases.

Also discussed were alternatives to some of the punitive measures proposed in these regulations, some of which have already been offered by advocacy organizations such as the Day Care Council of New York. These include:
• Providers need more access to professional development as well as resources to help them address their issues
• Providers should have quick access to a hearing in every case instead of high fines for first violations
• Inspectors need adequate professional development training to ensure that they do not misinterpret existing law or misjudge childrens’ environments
• There needs to be a consensus between providers, professionals, parents and legislators on what specific situations constitute “imminent danger.”

To read Senator Montgomery's letter regarding the emergency child care regulations, download the attached PDF.