BILL NUMBER: S8905

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to training certain
staff accepting registrations, issuing licenses or conducting
inspections of child day care homes, programs or facilities on the
recognition of controlled substances

 
PURPOSE OF BILL:

To require that all staff of children and family services and municipal
staff employed to conduct inspections of child day care homes, programs,
and facilities are trained to detect controlled substances during
inspections.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision one of section 390-a of the social
services law, as it relates to standards and training for child day
care, to require that staff employed to accept registrations, issue
              

licenses, or conduct inspections of child day care homes, programs, or
facilities are trained to recognize the presence of controlled
substances.

Section two provides an effective date.

 
JUSTIFICATION:

On September 15, 2023, a kilogram of fentanyl was found at a Bronx day
care site after the owner of the daycare called 911 to report the four
children in her care, all under the age of three, were unresponsive. One
child was pronounced deceased at the hospital shortly thereafter, the
other three children were hospitalized with serious injuries and given
Narcan.

Just a week prior, on September 6th, inspectors made an unannounced
visit to the daycare to inspect the site. The inspector found the day
care center to be in full compliance with all laws and regulations and
no violations were found.

A few days following the horrific tragedy, the Commissioner of New York
City Department of Health and Mental Hygiene stated, "One of the things
my child care inspectors are not trained to do is look for fentanyl, but
maybe we need to start." He explained further, "That has not been a part
of our thinking for decades or years in doing this work."

While inspectors in New York State have not historically been trained to
look for controlled substances during inspections, it is critical to the
safety of our most vulnerable that we start.

This bill will amend the social services law to require inspectors of
day care centers, programs, and facilities to be trained in the
detection of controlled substances, assisting in the long term
protection of our children and preventing devastating tragedies like
this from happening again in the future.

 
PRIOR LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.