S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9202
 
                           I N  A S S E M B L Y
 
                             February 16, 2024
                                ___________
 
 Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
   tee on Children and Families
 
 AN  ACT  to amend the social services law, in relation to the establish-
   ment of a waiver for child care learning pods
 
   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 a new paragraph (h) to read as follows:
   (H) (I) "CHILD CARE LEARNING POD" SHALL MEAN AN UNLICENSED AND UNREGU-
 LATED CHILD CARE PROVIDER OUTSIDE OF THE REGULATION OF THIS  ARTICLE  OR
 TITLE  EIGHTEEN  OF  THE  NEW  YORK  CODES,  RULES AND REGULATIONS, THAT
 PROVIDES CHILD CARE OR EDUCATIONAL SERVICES TO AT LEAST  THREE,  BUT  NO
 MORE  THAN  SIX  CHILDREN  BETWEEN THE AGES OF ZERO-YEARS-OLD AND SEVEN-
 TEEN-YEARS-OLD WHO: (1) ARE NOT RESIDENTS AT SUCH  HOME  IN  WHICH  SUCH
 CHILD  CARE LEARNING POD IS LOCATED AND OPERATED AND (2) ARE NOT RELATED
 TO ANY PERSON RESIDING AT SUCH HOME IN WHICH A CHILD CARE  LEARNING  POD
 IS  LOCATED  AND  OPERATED.  SUCH  OPERATOR OF A CHILD CARE LEARNING POD
 SHALL BE AT LEAST EIGHTEEN YEARS OF AGE.
   (II) ANY CHILD CARE LEARNING POD OPERATING AS AN UNLICENSED AND UNREG-
 ULATED CHILD CARE LEARNING POD OUTSIDE OF THE REGULATION OF THIS ARTICLE
 OR TITLE EIGHTEEN OF THE NEW YORK  CODES,  RULES  AND  REGULATIONS,  MAY
 OPERATE  IF THERE ARE OTHERWISE NO VIOLATIONS OF LAWS, CODES, RULES, AND
 REGULATIONS OF THE STATE OF NEW YORK AND SUCH CHILD CARE LEARNING POD IS
 COMPLIANT PURSUANT TO THE LOCAL LAWS, CODES, RULES, AND  REGULATIONS  OF
 SUCH LOCAL MUNICIPALITY IN WHICH IT IS LOCATED AND OPERATED.
   (III)  ANY  HOME PROVIDING CHILD DAY CARE AS A CHILD CARE LEARNING POD
 SHALL HAVE A WAIVER SIGNED BY SUCH OPERATOR OF SUCH CHILD CARE  LEARNING
 POD  AND SUCH PARENT OR GUARDIAN OF EACH CHILD AT SUCH CHILD CARE LEARN-
 ING POD SUBMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES,  ON  AN
 ANNUAL  BASIS,  FOR  AS LONG AS SUCH CHILD ATTENDS A CHILD CARE LEARNING
 POD. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE RESPONSIBLE FOR
 ESTABLISHING A UNIFORM WAIVER TO BE USED WHICH SHALL INCLUDE BUT IS  NOT
 LIMITED TO THE FOLLOWING:
   (1) THE NAME AND AGE OF SUCH OPERATOR OF SUCH CHILD CARE LEARNING POD;
   (2) THE LOCATION OF SUCH CHILD CARE LEARNING POD;
   (3) THE DAYS AND HOURS SUCH CHILD CARE LEARNING POD SHALL BE IN USE;
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13896-01-3
 A. 9202                             2
 
   (4)  THE  NAME  AND AGE OF ANY PERSON WHO SHALL PROVIDE PAID OR UNPAID
 CHILD CARE OR EDUCATIONAL SERVICES TO CHILDREN AT SUCH LOCATION OF  SUCH
 CHILD CARE LEARNING POD;
   (5)  THE NAME OF ALL ADULTS AND CHILDREN RESIDENTS AT SUCH LOCATION OF
 SUCH CHILD CARE LEARNING POD;
   (6) THE NAME OF SUCH PARENT OR GUARDIAN OF SUCH CHILD WHO SHALL ATTEND
 SUCH CHILD CARE LEARNING POD;
   (7) THE NAME AND AGE OF SUCH CHILD WHO SHALL ATTEND  SUCH  CHILD  CARE
 LEARNING POD;
   (8) THE DATE OF SUCH FIRST DAY THAT SUCH CHILD SHALL ATTEND SUCH CHILD
 CARE LEARNING POD;
   (9)  AN  AFFIRMATION  BY SUCH OPERATOR OF SUCH CHILD CARE LEARNING POD
 THAT NO INDIVIDUALS CONVICTED OF ANY CRIME RESIDES AT SUCH LOCATION;
   (10) AN AFFIRMATION BY SUCH OPERATOR OF SUCH CHILD CARE  LEARNING  POD
 THAT  SUCH  LOCATION OF SUCH CHILD CARE LEARNING POD HAS NO KNOWN STRUC-
 TURAL ISSUES AND THAT SUCH BUILDING IS UP  TO  CODE  PURSUANT  TO  LOCAL
 ZONING CODES;
   (11)  AN AFFIRMATION BY SUCH OPERATOR THAT SUCH LOCATION OF SUCH CHILD
 CARE LEARNING POD HAS AT LEAST ONE FUNCTIONAL AND OPERATING BATHROOM AND
 TOILET;
   (12) AN AFFIRMATION THAT SUCH LOCATION OF SUCH CHILD CARE LEARNING POD
 HAS FUNCTIONAL AND OPERATIONAL WATER AND SEWAGE SERVICE;
   (13) AN AFFIRMATION THAT SUCH LOCATION OF SUCH CHILD CARE LEARNING POD
 HAS FUNCTIONAL AND OPERATIONAL HEATING, VENTILATION, AND AIR  CONDITION-
 ING;
   (14) AN ACKNOWLEDGEMENT THAT SUCH CHILD CARE LEARNING POD SHALL NOT BE
 UNDER THE DIRECT REVIEW OR FOLLOWING REGULATIONS SET FORTH BY THE OFFICE
 OF  CHILDREN  AND  FAMILY SERVICES DUE TO ITS UNLICENSED AND UNREGULATED
 STATUS;
   (15) AN ACKNOWLEDGEMENT THAT THERE ARE CHILD CARE  PROVIDERS  LICENSED
 AND REGULATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES;
   (16)  AN  AFFIRMATION AND SIGNATURE OF SUCH PARENT OR GUARDIAN OF SUCH
 CHILD ATTENDING SUCH CHILD CARE LEARNING POD THAT  THEY  HAVE  READ  AND
 UNDERSTAND THIS WAIVER;
   (17)  AN AFFIRMATION AND SIGNATURE OF SUCH OPERATOR OF SUCH CHILD CARE
 LEARNING POD THAT THEY HAVE READ THIS WAIVER AND SHALL SUBMIT IT TO  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES; AND
   (18)  ANY  OTHER  REQUIREMENTS  AS  THE  OFFICE OF CHILDREN AND FAMILY
 SERVICES DETERMINES IS NECESSARY TO INCLUDE.
   (IV) WITHIN SIX MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS PARAGRAPH,
 THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  PREPARE  AND  PUBLISH
 SUCH WAIVER ON ITS PUBLIC WEBSITE AND MAKE SUCH WAIVER AVAILABLE FOR USE
 BY CHILD CARE LEARNING POD OPERATORS.
   (V)  A CIVIL PENALTY IN AN AMOUNT OF UP TO ONE THOUSAND DOLLARS MAY BE
 ISSUED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A VIOLATION  OF
 THIS  PARAGRAPH.  SUCH  CHILD CARE LEARNING POD SHALL BE GIVEN TWO WEEKS
 FROM SUCH DATE ITS FIRST VIOLATION WAS ISSUED TO SUBMIT SUCH WAIVER.  IN
 THE  EVENT  THAT  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES DOES NOT
 RECEIVE SUCH WAIVER WITHIN TWO WEEKS FOLLOWING SUCH DATE AS PROVIDED  BY
 THIS  SUBPARAGRAPH,  AN  ADDITIONAL  CIVIL PENALTY OF UP TO ONE THOUSAND
 DOLLARS MAY BE ISSUED. AN ADDITIONAL CIVIL PENALTY OF UP TO TWO THOUSAND
 DOLLARS MAY BE ISSUED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES  FOR
 EACH  TWO-WEEK PERIOD SUCCEEDING SUCH INITIAL TWO WEEKS FROM THE DATE OF
 SUCH ORIGINAL ISSUANCE OF SUCH VIOLATION.
   § 2. This act shall take effect immediately.