S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2141
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 the availability
   of information regarding day care services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 390 of the social services law is
 amended by adding three new paragraphs (g),  (h)  and  (i)  to  read  as
 follows:
   (G)  "SERIOUS  INJURY"  SHALL  MEAN  A  SERIOUS IMPAIRMENT OF PHYSICAL
 CONDITION, INCLUDING,  BUT  NOT  LIMITED  TO,  THE  FOLLOWING:  LOSS  OF
 CONSCIOUSNESS;  CONCUSSION; BONE FRACTURE; PROTRACTED LOSS OR IMPAIRMENT
 OF FUNCTION OF ANY BODILY MEMBER OR ORGAN; A WOUND  REQUIRING  EXTENSIVE
 SUTURING; AND SERIOUS DISFIGUREMENT.
   (H)  "SUMMARY  DAY CARE SERVICE INSPECTION REPORT" SHALL MEAN A REPORT
 THAT INCLUDES, AT A MINIMUM, THE FOLLOWING INFORMATION:
   (I) THE NAME OF THE DAY CARE SERVICE;
   (II) THE NAME OF THE DAY CARE SERVICE LICENSEE;
   (III) THE DAY CARE SERVICE LICENSE NUMBER AND EXPIRATION DATE;
   (IV) THE ADDRESS OF THE DAY CARE SERVICE;
   (V) THE DATE OF THE MOST RECENT INSPECTION;
   (VI) THE MAXIMUM NUMBER OF CHILDREN AUTHORIZED TO BE  PRESENT  AT  ANY
 ONE TIME AS SPECIFIED IN THE DAY CARE SERVICE LICENSE;
   (VII)  ANY  VIOLATIONS IDENTIFIED BY THE DEPARTMENT DURING INSPECTIONS
 CONDUCTED OVER THE PAST THREE YEARS; AND
   (VII) WHETHER A LICENSE HAS BEEN ORDERED SUSPENDED OR REVOKED  IN  THE
 PAST  TWELVE  MONTHS;  WHETHER  A  DAY CARE SERVICE HAS, DURING THE PAST
 THREE YEARS, BEEN ORDERED CLOSED BECAUSE ITS CONTINUED OPERATION REPRES-
 ENTED A DANGER TO THE HEALTH OR SAFETY OF CHILDREN; AND  THE  TERMS  AND
 CONDITIONS,  IF  ANY, UNDER WHICH SUCH DAY CARE SERVICE HAS BEEN ALLOWED
 TO REOPEN AND IS AUTHORIZED TO OPERATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07102-01-9

 S. 2141                             2
 
   (I) "VIOLATION" SHALL MEAN A CITATION ISSUED BY THE  DEPARTMENT  WHICH
 ALLEGES THAT A DAY CARE SERVICE HAS FAILED TO COMPLY WITH A PROVISION OF
 APPLICABLE LAW, RULE OR REGULATION.
   § 2. Section 390 of the social services law is amended by adding a new
 subdivision 2-b to read as follows:
   2-B  (A) EVERY APPLICANT FOR A NEW OR RENEWAL LICENSE TO OPERATE A DAY
 CARE SERVICE SHALL DISCLOSE WHETHER A SERIOUS INJURY OR THE DEATH  OF  A
 CHILD  IN ITS CARE, OR THE CARE OF ANY OF ITS OWNERS, DIRECTORS, EMPLOY-
 EES, VOLUNTEERS OR AGENTS, HAS OCCURRED. EVERY  SUCH  LICENSE  APPLICANT
 SHALL FURTHER DISCLOSE ANY CIVIL OR CRIMINAL COURT VERDICTS HOLDING THAT
 THE APPLICANT, OR ANY OF ITS OWNERS, DIRECTORS, EMPLOYEES, VOLUNTEERS OR
 AGENTS,  WAS RESPONSIBLE FOR SUCH SERIOUS INJURY OR DEATH OF A CHILD, OR
 ADMINISTRATIVE AGENCY DECISIONS HOLDING OR FINDING THAT THERE IS  CREDI-
 BLE  EVIDENCE  THAT  THE  APPLICANT,  OR  ANY  OF ITS OWNERS, DIRECTORS,
 EMPLOYEES, VOLUNTEERS OR AGENTS, WAS RESPONSIBLE FOR SUCH SERIOUS INJURY
 OR DEATH OF A CHILD, AND WHETHER  ANY  LEGAL  PROCEEDING  INVOLVING  THE
 SERIOUS  INJURY OR DEATH OF A CHILD IS PENDING AGAINST THE APPLICANT, OR
 ANY OF ITS OWNERS,  DIRECTORS,  EMPLOYEES,  VOLUNTEERS  OR  AGENTS.  THE
 DEPARTMENT  SHALL DENY SUCH A LICENSE UNLESS, ON THE BASIS OF THE APPLI-
 CATION AND OTHER PAPERS SUBMITTED, INCLUDING  THE  INFORMATION  PROVIDED
 PURSUANT  TO  THIS  SUBDIVISION, AND ON THE BASIS OF DEPARTMENT INVESTI-
 GATION, IF ANY, IT IS SATISFIED THAT THE PROVISIONS OF THE SANITARY CODE
 AND OTHER APPLICABLE LAW WILL BE MET. THE DEATH OF A CHILD OR THE OCCUR-
 RENCE OF MORE THAN ONE INCIDENT RESULTING IN A SERIOUS INJURY TO A CHILD
 OR CHILDREN IN THE CARE OF AN APPLICANT SHALL CREATE  A  PRESUMPTION  IN
 ANY  PROCEEDING  BROUGHT  BY  THE  DEPARTMENT  TO  DENY OR REVOKE SUCH A
 LICENSE OF THE INABILITY OF THE APPLICANT TO COMPLY WITH THE  PROVISIONS
 OF  SAID  CODE  OR  OTHER APPLICABLE LAW. NOTHING HEREIN SHALL OTHERWISE
 LIMIT THE DEPARTMENT'S AUTHORITY TO DENY THE ISSUANCE OR  RENEWAL  OF  A
 LICENSE OR TO REVOKE A PERMIT.
   (B)  TO  THE  EXTENT  PERMISSIBLE  BY  LAW,  WHERE  THE DEPARTMENT HAS
 RECEIVED WRITTEN NOTIFICATION THAT  A  PERSON  WITH  RESPONSIBILITY  FOR
 OVERSIGHT AND DIRECTION OF A DAY CARE SERVICE HAS A FELONY CONVICTION AT
 ANY  TIME FOR A SEX OFFENSE, CRIME AGAINST A CHILD, OR A CRIME INVOLVING
 VIOLENCE, OR A FELONY CONVICTION WITHIN THE PAST FIVE YEARS FOR A  DRUG-
 RELATED  OFFENSE,  THE  DEPARTMENT  SHALL,  WHEN CONSISTENT WITH ARTICLE
 TWENTY-THREE-A OF THE CORRECTION LAW, DENY THE APPLICATION FOR A  PERMIT
 TO OPERATE SUCH DAY CARE SERVICE.
   § 3. Section 390 of the social services law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A.  (A) FOLLOWING EACH INSPECTION OF A DAY CARE SERVICE, THE DEPART-
 MENT SHALL POST A SUMMARY DAY CARE  SERVICE  INSPECTION  REPORT  ON  THE
 DEPARTMENT'S  WEBSITE AND SHALL MAKE SUMMARY DAY CARE SERVICE INSPECTION
 REPORTS.
   (B) EVERY DAY CARE SERVICE MUST POST A SIGN  IN  A  CONSPICUOUS  PLACE
 NEAR  ITS  PUBLIC  ENTRANCE  OR  ENTRANCES  STATING THAT THE MOST RECENT
 SUMMARY DAY CARE SERVICE INSPECTION REPORT MAY BE ACCESSED  THROUGH  THE
 WEBSITE  OF  THE  DEPARTMENT.  THE SIGN, WHOSE FORM AND CONTENT SHALL BE
 PROVIDED OR APPROVED BY THE DEPARTMENT, SHALL BE PRINTED  IN  CLEAR  AND
 LEGIBLE  TYPE,  IN  SUCH A MANNER AS TO BE READILY VISIBLE TO PARENTS OR
 OTHER  PERSONS  ENTERING  THE  DAY  CARE  SERVICE  AND   SHALL   PROVIDE
 INSTRUCTIONS  ON  HOW  TO  GAIN  ACCESS  TO THE SUMMARY DAY CARE SERVICE
 INSPECTION REPORTS THROUGH THE DEPARTMENT'S WEBSITE.
   § 4. Subdivision 8 of section 390 of the social services law, as added
 by chapter 750 of the laws of 1990, is amended to read as follows:

 S. 2141                             3
 
   8. (A) The department shall establish  and  maintain  a  list  of  all
 current  registered  and  licensed child day care programs and a list of
 all programs whose license or registration has been  revoked,  rejected,
 terminated,  or  suspended.  Such  information shall be available to the
 public, pursuant to procedures developed by the department.
   (B)  THE  DEPARTMENT  SHALL  REPORT TO AN APPROPRIATE STATE AGENCY ANY
 SERIOUS INJURY OR DEATH OF A CHILD IN DAY CARE SERVICES WHICH  HAS  BEEN
 REPORTED  TO THE DEPARTMENT IN ACCORDANCE WITH APPLICABLE LAW, RULES AND
 REGULATIONS. SUCH REPORT SHALL INCLUDE THE NAME OF THE DAY CARE  SERVICE
 AND  THE  DAY  CARE  SERVICE LICENSEE OF ANY DAY CARE SERVICE IN WHICH A
 SERIOUS INJURY OR DEATH OF A CHILD HAS OCCURRED.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.