Senate Bill S7743

2023-2024 Legislative Session

Relates to violations by licensed or registered child care providers; sanctions and penalties for such violations; and administrative appeal of such sanctions and penalties

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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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2023-S7743 (ACTIVE) - Details

See Assembly Version of this Bill:
A7945
Current Committee:
Senate Finance
Law Section:
Social Services Law
Laws Affected:
Amd §390, Soc Serv L

2023-S7743 (ACTIVE) - Summary

Relates to defining "critical violations" of applicable statutes and regulations by child care providers licensed or registered by the office of children and family services; the imposition of sanctions and penalties for such violations by the office of children and family services; and processes for administrative appeal of such sanctions and penalties.

2023-S7743 (ACTIVE) - Sponsor Memo

2023-S7743 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7743
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 13, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law, in relation to  defining  crit-
   ical  violations  by  child  care providers; establishing a portal for
   child care providers to self-report  critical  violations;  clarifying
   certain  sanctions, penalties, and other disciplinary actions taken by
   the office of children and family services against child care  provid-
   ers  for critical violations; and specifying procedures for child care
   providers  to  appeal  such  sanctions,  penalties,  and  disciplinary
   actions
 
   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 four new paragraphs (h), (i), (j) and (k) to read as
 follows:
   (H) (I) "CRITICAL VIOLATION" SHALL MEAN:
   (A) A FATALITY, NEAR FATALITY, OR SERIOUS PHYSICAL OR EMOTIONAL INJURY
 OF A CHILD WHO IS IN THE CUSTODY OF OR RECEIVING SERVICES FROM  A  CHILD
 CARE PROVIDER LICENSED OR REGISTERED BY THE OFFICE OF CHILDREN AND FAMI-
 LY SERVICES; OR
   (B)  CIRCUMSTANCES  WHICH  RESULT  IN A REASONABLE BELIEF THAT A CHILD
 CARE PROVIDER LICENSED OR REGISTERED BY THE OFFICE OF CHILDREN AND FAMI-
 LY SERVICES FAILED IN ITS DUTY TO PROTECT A CHILD AND, AS A RESULT,  THE
 CHILD WAS AT IMMINENT RISK OF, OR SUFFERED SERIOUS PHYSICAL OR EMOTIONAL
 INJURY OR DEATH.
   (II)  EXAMPLES  OF  CRITICAL  VIOLATIONS  MAY  INCLUDE  THE FAILURE TO
 PROVIDE PROPER SUPERVISION OF CHILDREN OR COMPLY WITH HEALTH AND  SAFETY
 REGULATIONS,  INADEQUATE  STAFFING LEVELS, AND CHILD ABUSE AND MALTREAT-
 MENT.
   (I) "SERIOUS PHYSICAL OR EMOTIONAL INJURY" SHALL MEAN AN INJURY  WHICH
 CAUSES  OR  CREATES  A SUBSTANTIAL RISK OF DEATH, EXTREME PHYSICAL PAIN,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11238-01-3
              

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