S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6746
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of A. MORINELLO, NORRIS -- read once and referred to
   the Committee on Children and Families
 
 AN ACT to amend the  social  services  law,  in  relation  to  requiring
   certain child day care centers to have video surveillance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 390-n to read as follows:
   § 390-N. CHILD DAY CARE CENTER; VIDEO SURVEILLANCE.  1. EACH CHILD DAY
 CARE  CENTER,  AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION
 THREE HUNDRED NINETY OF THIS TITLE, OR ANY AUTHORIZED AGENCY, AS DEFINED
 IN PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE
 OF THIS TITLE, INCLUDING ANY AGENCY BOARDING HOME OR GROUP  HOME,  WHICH
 ON A REGULAR BASIS CARES FOR A CHILD UNDER THE AGE OF THREE SHALL:
   (A) PLACE VIDEO RECORDING EQUIPMENT IN EACH AREA OF THE CHILD DAY CARE
 CENTER OCCUPIED BY CHILDREN WHO ARE THREE YEARS OF AGE OR YOUNGER;
   (B) VISUALLY MONITOR AND RECORD EACH AREA OF THE CHILD DAY CARE CENTER
 OCCUPIED BY CHILDREN WHO ARE THREE YEARS OF AGE OR YOUNGER ANY TIME SUCH
 CHILDREN ARE PRESENT IN SUCH AREA.
   2.  IF  A CHILD DAY CARE CENTER IS INSIDE OF OR CONNECTED TO A SCHOOL,
 OFFICE BUILDING, OR OTHER FACILITY, THE CHILD DAY CARE CENTER SHALL ONLY
 BE REQUIRED TO PLACE VIDEO RECORDING EQUIPMENT IN AND  VISUALLY  MONITOR
 AND RECORD AREAS USED AS CLASSROOMS.
   3.  A  CHILD DAY CARE CENTER SHALL NOT BE REQUIRED TO VISUALLY MONITOR
 AND RECORD AN AREA WHEN SUCH AREA IS NOT OCCUPIED  BY  A  CHILD  WHO  IS
 THREE YEARS OF AGE OR YOUNGER.
   4.  VISUAL  MONITORING AND RECORDING SHALL NOT OCCUR, EXCEPT FOR INCI-
 DENTAL COVERAGE BY VIDEO RECORDING EQUIPMENT OF A MINOR PORTION OF  SUCH
 AREA DUE TO THE LAYOUT OF THE CHILD DAY CARE CENTER:
   (A) INSIDE OF A BATHROOM;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09910-01-3
 A. 6746                             2
              

 
   (B) OTHER THAN THE MAIN INSTRUCTIONAL AREA OF A CLASSROOM, IN ANY AREA
 IN WHICH A CHILD'S CLOTHES OR DIAPERS ARE CHANGED; AND
   (C)  THE MAIN INSTRUCTIONAL AREA OF A CLASSROOM WHEN A CHILD'S CLOTHES
 OR DIAPERS ARE CHANGED IN SUCH AREA.
   5. A CHILD DAY CARE CENTER SHALL RELEASE TO AN APPROPRIATE DEPARTMENT,
 COMMISSION, LAW ENFORCEMENT AGENCY, OR  OTHER  GOVERNMENTAL  ENTITY  FOR
 VIEWING ANY PART OF A RECORDING WHICH:
   (A)  MAY  SHOW AN ALLEGED INCIDENT OF ABUSE OR NEGLECT OF A CHILD OR A
 VIOLATION OF A LICENSING STANDARD SUCH ENTITY IS INVESTIGATING; OR
   (B) IS REQUIRED TO CONDUCT A MONITORING INSPECTION.
   6. EACH CHILD DAY CARE CENTER SHALL RETAIN RECORDINGS MADE UNDER  THIS
 SECTION  FOR  AT  LEAST  NINETY  DAYS FROM THE DATE SUCH RECORDINGS WERE
 MADE.  PROVIDED, HOWEVER, IF A PERSON REQUESTS TO VIEW A RECORDING  FROM
 A  CHILD  DAY  CARE  CENTER UNDER SUBDIVISION FIVE OF THIS SECTION, SUCH
 RECORDING SHALL BE RETAINED UNTIL:
   (A) A DETERMINATION IS MADE AS TO IF AN ALLEGED INCIDENT OF  ABUSE  OR
 NEGLECT  OCCURRED  ON  SUCH RECORDING AND, IF IT IS DETERMINED THAT SUCH
 INCIDENT OCCURRED ON SUCH RECORDING, UNTIL SUCH  INCIDENT  IS  RESOLVED,
 INCLUDING THE EXHAUSTION OF ANY AND ALL APPEALS; OR
   (B) THE COMPLETION OF THE MONITORING INSPECTION.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.