S T A T E O F N E W Y O R K
________________________________________________________________________
7815--A
2023-2024 Regular Sessions
I N S E N A T E
December 13, 2023
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Children and Families in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the social services law, in relation to inspections of
child day care homes, programs and facilities, and opioid overdose
prevention
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (iv) of paragraph (d) of subdivision 2, para-
graph (a) of subdivision 2-a, subparagraph (i) of paragraph (c) of
subdivision 3, subdivision 6 and paragraph (a) of subdivision 7 of
section 390 of the social services law, subparagraph (iv) of paragraph
(d) of subdivision 2 and subdivision 6 as added by chapter 750 of the
laws of 1990, subdivision 2-a as added and subparagraph (i) of paragraph
(c) of subdivision 3 as amended by chapter 416 of the laws of 2000, and
paragraph (a) of subdivision 7 as amended by chapter 160 of the laws of
2003, are amended to read as follows:
(iv) (A) Child day care providers who have been issued a license shall
openly display such license in the facility or home for which the
license is issued. Child day care providers who have registered with the
department shall provide proof of registration upon request.
(B) HOME BASED CHILD DAY CARE PROVIDERS WHO HAVE BEEN ISSUED A LICENSE
SHALL ADDITIONALLY OPENLY DISPLAY THE NUMBER OF HOUSEHOLD MEMBERS LIVING
IN THE HOME AND UPDATE WHEN THERE IS ANY CHANGE IN HOUSEHOLD. CHILD DAY
CARE PROVIDERS MUST DISCLOSE THE MOST RECENTLY UPDATED INFORMATION IMME-
DIATELY UPON REQUEST TO AN INSPECTOR, PARENT, LEGAL GUARDIAN, OR RELA-
TIVE WITHIN THE THIRD DEGREE OF CONSANGUINITY OF THE PARENT OF SUCH
CHILD.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13298-06-4
S. 7815--A 2
(a) The office of children and family services shall promulgate regu-
lations which establish minimum quality program requirements for
licensed and registered child day care homes, programs and facilities.
Such requirements shall include but not be limited to (i) the need for
age appropriate activities, materials and equipment to promote cogni-
tive, educational, social, cultural, physical, emotional, language and
recreational development of children in care in a safe, healthy and
caring environment (ii) principles of childhood development (iii) appro-
priate staff/child ratios for family day care homes, group family day
care homes, school age day care programs and day care centers, provided
however that such staff/child ratios shall not be less stringent than
applicable staff/child ratios as set forth in part four hundred four-
teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
teen of title eighteen of the New York code of rules and regulations as
of January first, two thousand (iv) appropriate levels of supervision of
children in care (v) minimum standards for sanitation, health, infection
control, nutrition, buildings and equipment, safety, security proce-
dures, first aid, fire prevention, fire safety, evacuation plans and
drills, prevention of child abuse and maltreatment, staff qualifications
and training, record keeping, and child behavior management (VI) EDUCA-
TION ON OVERDOSE PREVENTION.
(i) The office of children and family services shall establish a toll-
free statewide telephone number AND ELECTRONIC MAIL to receive inquiries
about child day care homes, programs and facilities and complaints of
violations of the requirements of this section or regulations promulgat-
ed under this section. The office of children and family services shall
develop a system for investigation, which shall include inspection, of
such complaints. The office of children and family services may provide
for such investigations through purchase of services. The office of
children and family services shall develop a process for publicizing
such toll-free telephone number AND ELECTRONIC MAIL to the public for
making inquiries or complaints about child day care homes, programs or
facilities. A CHILD DAY CARE PROVIDER SHALL BE REQUIRED TO DISPLAY SUCH
TOLL FREE TELEPHONE NUMBER AND ELECTRONIC MAIL ALONGSIDE THEIR LICENSE.
6. Unless otherwise limited by law, a parent with legal custody or a
legal guardian of any child in a child day care program shall have
unlimited and on demand access to such child or ward. Such parent or
guardian unless otherwise limited by law, also shall have the right to
inspect on demand during its hours of operation any area of a child day
care center, group family day care home, school-age child care program,
or family day care home to which the child or ward of such parent or
guardian has access or which could present a hazard to the health and
safety of the child or ward. SUCH RIGHT TO INSPECT SHALL BE POSTED
ALONGSIDE THE CHILD DAY CARE PROVIDER'S LICENSE.
(a) The department shall implement on a statewide basis programs to
educate parents and other potential consumers of child day care programs
about their selection and use. The department may provide for such
implementation through the purchase of services. Such education shall
include, but not be limited to, the following topics:
(i) types of child day care programs;
(ii) factors to be considered in selecting and evaluating child day
care programs;
(iii) regulations of the department governing the operation of differ-
ent types of programs;
(iv) rights of parents or guardians in relation to access to children
and inspection of child day care programs;
S. 7815--A 3
(v) information concerning the availability of child day care subsi-
dies;
(vi) information about licensing and registration requirements;
(vii) prevention of child abuse and maltreatment in child day care
programs, including screening of child day care providers and employees;
(viii) tax information; [and]
(ix) factors to be considered in selecting and evaluating child day
care programs when a child needs administration of medications during
the time enrolled[.]; AND
(X) ALL INFORMATION REQUIRED TO BE DISPLAYED OR POSTED BY A CHILD DAY
CARE PROVIDER.
§ 2. Section 390 of the social services law is amended by adding a
new subdivision 15 to read as follows:
15. ALL INSPECTIONS OF THE PREMISES OF ANY CHILD DAY CARE PROVIDER
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL INCLUDE ONLY A VISUAL
INSPECTION OF EVERY ROOM AND CLOSET IN THE HOME OR FACILITY.
§ 3. Subdivision 1 of section 390-a of the social services law, as
amended by chapter 416 of the laws of 2000, is amended and a new subdi-
vision 6 is added to read as follows:
1. All office of children and family services and municipal staff
employed to accept registrations, issue licenses or conduct inspections
of child day care homes, programs or facilities, subject to the amounts
appropriated therefor, shall receive training in at least the following:
regulations promulgated by the office of children and family services
pursuant to section three hundred ninety of this title; child abuse
prevention and identification; safety and security procedures in child
day care settings; the principles of childhood development, [and] the
laws, regulations and procedures governing the protection of children
from abuse or maltreatment, AND TO RECOGNIZE THE PRESENCE OF CONTROLLED
SUBSTANCES AS DEFINED UNDER SECTION THIRTY-THREE HUNDRED SIX OF THE
PUBLIC HEALTH LAW AND COMMON PARAPHERNALIA.
6. (A) ALL PROVIDERS OF CHILD DAY CARE SHALL PROVIDE AND MAINTAIN
ONSITE OPIOID ANTAGONISTS, AS DEFINED IN SECTION THIRTY-THREE HUNDRED
NINE OF THE PUBLIC HEALTH LAW, IN QUANTITIES AND TYPES DEEMED BY THE
COMMISSIONER OF HEALTH. SUCH OPIOID ANTAGONISTS SHALL BE OUT OF REACH
FROM CHILDREN AND ACCESSIBLE BY EVERY OPERATOR, PROGRAM DIRECTOR,
EMPLOYEE AND ASSISTANT FOR USE DURING EMERGENCIES TO ANY INDIVIDUAL ON
PREMISES SUSPECTED OF HAVING AN OPIOID OVERDOSE WHETHER OR NOT THERE IS
A PREVIOUS HISTORY OF OPIOID ABUSE.
(B) THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH AND THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS, SHALL PROVIDE CHILD DAY CARE PROVIDERS AND A PARENT, LEGAL
GUARDIAN, OR RELATIVE WITHIN THE THIRD DEGREE OF CONSANGUINITY OF THE
PARENT OF SUCH CHILD, INFORMATION ON HOW TO OBTAIN OVERDOSE PREVENTION
TRAINING AND OPIOID ANTAGONISTS. SUCH INFORMATION SHALL INCLUDE FREE
OPIOID ANTAGONISTS THROUGH EXISTING PROGRAMS OR SERVICES.
(C) ANY PERSON OR ENTITY ACTING REASONABLY AND IN GOOD FAITH IN
COMPLIANCE WITH THIS SUBDIVISION SHALL NOT BE SUBJECT TO CRIMINAL, CIVIL
OR ADMINISTRATIVE LIABILITY SOLELY BY REASON OF SUCH ACTION.
§ 4. Subparagraphs (ix) and (x) of paragraph (b) of subdivision 3 of
section 390-a of the social services law, subparagraph (ix) as amended
and subparagraph (x) as added by chapter 675 of the laws of 2019, are
amended and a new subparagraph (xi) is added to read as follows:
(ix) for operators, program directors, employees and assistants of
family day care homes, group family day care homes and child day care
S. 7815--A 4
centers, education and information on the identification, diagnosis and
prevention of shaken baby syndrome; [and]
(x) adverse childhood experiences (ACEs), focused on understanding
trauma and on nurturing resiliency[.]; AND
(XI) OVERDOSE PREVENTION TRAINING PURSUANT TO A PROGRAM APPROVED UNDER
SECTION THIRTY-THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW.
§ 5. This act shall take effect on the ninetieth day 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.
