BILL NUMBER: S8426

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the social services law, in relation to the appropriate
staff/child ratios for family day care homes, group family day care
homes, school age day care programs and day care centers

 
PURPOSE:

To provide quality standards for child care programs in order to enhance
the overall quality of care provided to children in licensed and regis-
tered child day care homes and facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Paragraph (a) of subdivision 2-a of section 390 of the
social services law, as added by chapter 416 of the laws of 2000.  This
section finds that the Office of Children and Family Services is
mandated to create regulations establishing minimum quality program
requirements for licensed and registered day care homes, programs, and
              

facilities.

The requirements laid out in section 1 include:

1) Age-appropriate activities, materials, and equipment to foster cogni-
tive, educational, social, cultural, physical, emotional, language, and
recreational development of children in a safe, healthy, and caring
environment

2) Incorporation of the principles of childhood development

3) An appropriate staff/child ratio for different types of child care
settings (family day care homes, group family day care homes, school age
day care programs, and day care centers)

4) Appropriate levels of supervision for children in care

5) Minimum standards for sanitation, health, infection control, nutri-
tion, buildings and equipment, safety, security procedures, 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.

Section 2: Sets effective date.

 
JUSTIFICATION:

In the wake of the COVID-19 pandemic, the State has witnessed the
closure of many daycare facilities, yet the demand has anything but
declined. The result has been a pronounced scarcity of available slots
for parents seeking daycare services. By empowering the Office of Chil-
dren and Family Services, the bill aims to introduce uniform standards
of conduct across the state in child care settings. Furthermore, by
addressing staff/child ratios and standards for qualifications and
training, this bill helps ensure a high quality of child care.


There disparities between New York City's and New York State's regu-
lations isn't limited to the ratio and maximum group size.  Article 47
of the New York City Health Code defines "toddler" as a child between 12
and 24 months of age (S47.01) and requires a ratio of 1:5 for this age
group, with a maximum group size of 10 (§ 47.23).  New York City's 1:6
ratio with a maximum group of 12 applies to the two years to under three
age group (S47.23). Conversely, New York State's regulations define
"toddler" as a child 18 months to 36 months in age (18 NYCRR § 413.2)
and require a 1:5 ratio for toddler classrooms, with a maximum group
size of 12 (18 NYCRR § 418-1.8).

Under the current 1:5 ratio with a maximum group size of 12 for outside
of New York City, it is financially unreasonable for providers to admit
more than 10 students to a group. The existing ratio necessitates an
additional staff member for a group of 12 students, which incurs a cost
exceeding that of accommodating two more students. Aligning the State's
regulations with New York City's ratios would rectify this inconsistency
and create a more financially viable approach while maintaining child
safety which, of course, is paramount.

Social Services Law (SSL) directs OCFS to establish appropriate
staff/child ratios for child care programs, and it stipulates that such
ratios cannot be any less stringent than those that existed in regu-
lation on January 1, 2000 (SSL § 390(2-a)(a)(iii)). The ratios and group
size remain the same today as they were in 2000, with one caveat. In
2000, there was no standard for the age group birth to 6 weeks old,
whereas current regulations do contain such a standard.

This Legislation is necessary to allow OCFS to adjust New York Codes,
Rules, and Regulations (NYCRR) regarding child-to-staff ratios such that
the 1:5 ratio for toddler classrooms can be adjusted to make it finan-
cially reasonable to safely admit the maximum number of children into
the class.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.