NY State Assembly Bill 2009-A9176

Assembly Bill A9176

2009-2010 Legislative Session

Allows neighborhoods an opportunity to be heard regarding licensing of a child day care center caring for seven or more children or a group family day care program

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2010	held for consideration in children and families
Jan 06, 2010	referred to children and families
Oct 13, 2009	referred to children and families

2009-A9176 (ACTIVE) - Details

Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §390, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6689
2013-2014: A4290
2015-2016: A4863
2017-2018: A5711

2009-A9176 (ACTIVE) - Summary

Allows neighborhoods an opportunity to be heard regarding the licensing of a child day care center caring for seven or more children or a group family day care program.

2009-A9176 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9176

TITLE OF BILL:  An act to amend the social services law, in relation
to allowing neighborhoods an opportunity to be heard regarding the
licensing of a child day care center caring for seven or more children
or a group family day care program

PURPOSE OR GENERAL IDEA OF BILL: To provide neighborhoods an
opportunity to object to the licensing of a child day care center
caring for seven or more children or a group family day care program
should licensing that day care provider in that neighborhood harm the
health, safety or welfare of the neighborhood, or bring an undesirable
change to the character of the neighborhood or create a detriment to
nearby properties.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1 amends section 390 of the
social service law to add a new subdivision 1-a, to require that when
an applicant for a license for a child day care center caring for
seven or more children or a group home family day care program that
intends to establish such child day care in a residential only zoned
area, the department must provide notice of such to the neighborhood
and give the neighbors an opportunity to object to such. The
department must consider the detriment to the health, safety and
welfare of the neighborhood or community before granting the license,
and must also consider whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby

properties will be created.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION: Child day care centers and group family day care
programs licensed under social services law section 390 are intended
to provide neighborhood based child care for the children of that
community. Although they are regulated by the department, they are not
treated with the same scrutiny as other businesses.  Unfortunately,
entrepreneurs are taking advantage of the broad language of section
390 to bring day care businesses into residential areas to serve
clients outside the neighborhood. Established residents are seeing
strangers move in for the sole purpose of establishing a day care, and
experiencing increased traffic, safety issues and potential decrease
in property values. This legislation is aimed at restoring the true
nature of section 390 by giving a community the opportunity to alert
the department prior to the licensing of such a child care program
without impeding the establishment of true neighborhood based
programs.

PRIOR LEGISLATIVE HISTORY:New bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately upon becoming law.

2009-A9176 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9176

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 13, 2009
                               ___________

Introduced  by M. of A. BARRA -- read once and referred to the Committee
  on Children and Families

AN ACT to amend the social services law, in relation to allowing  neigh-
  borhoods an opportunity to be heard regarding the licensing of a child
  day  care  center  caring for seven or more children or a group family
  day care program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 390 of the social services law is amended by adding
a new subdivision 1-a to read as follows:
  1-A.  IF AN APPLICANT FOR A LICENSE FOR EITHER A CHILD DAY CARE CENTER
CARING FOR SEVEN OR MORE CHILDREN OR A GROUP  FAMILY  DAY  CARE  PROGRAM
INTENDS  TO  ESTABLISH  SUCH  CHILD DAY CARE AT A LOCATION THAT IS ZONED
ONLY AS RESIDENTIAL, PRIOR TO GRANTING SUCH A  LICENSE,  THE  DEPARTMENT
MUST  PROVIDE  THE  NEIGHBORHOOD  IN  WHICH  SUCH CHILD DAY CARE WILL BE
LOCATED, AN OPPORTUNITY TO BE HEARD. NOTICE MUST BE GIVEN IN  COMPLIANCE
WITH  PROCEDURES  DETERMINED  BY THE COMMISSIONER AND SHALL INCLUDE, BUT
NOT BE LIMITED TO, WRITTEN NOTICE TO  ALL  OWNERS  AND/OR  OCCUPANTS  OF
RESIDENCES WITHIN A FIVE RESIDENCE RADIUS OF THE PROPOSED CHILD DAY CARE
LOCATION, AND SHALL PROVIDE A METHOD FOR THOSE NOTIFIED TO OBJECT TO THE
LICENSING  OF SUCH CHILD DAY CARE. AN OBJECTION SHALL QUALIFY THE MATTER
TO BE TREATED AS AN ADJUDICATORY PROCEEDING AS PROVIDED FOR  IN  ARTICLE
THREE  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT.  THE DEPARTMENT WILL
MAKE THE FINAL DETERMINATION AS TO THE LICENSING OF AN OPPOSED CHILD DAY
CARE LOCATION. IN MAKING ITS DETERMINATION, THE  DEPARTMENT  SHALL  TAKE
INTO  CONSIDERATION THE BENEFIT TO THE APPLICANT AND THE NEIGHBORHOOD IF
THE LICENSE IS GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE  HEALTH,
SAFETY  AND  WELFARE  OF THE NEIGHBORHOOD OR COMMUNITY BY SUCH GRANT. IN
MAKING SUCH DETERMINATION THE DEPARTMENT SHALL ALSO CONSIDER WHETHER  AN
UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD
OR  A  DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE GRANTING OF
THE LICENSE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14706-01-9

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