S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5711
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2017
                                ___________
 
 Introduced  by  M.  of A. CURRAN, FINCH -- 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.
   § 2. This act shall take effect immediately.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08530-01-7