S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3433
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the  social  services  law,  in  relation  to  requiring
   daycare facilities to maintain evacuation and lockdown plans for chil-
   dren with disabilities during an emergency situation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 390-n to read as follows:
   §  390-N.  EMERGENCY  EVACUATION  AND LOCKDOWN PLANS FOR CHILDREN WITH
 DISABILITIES IN DAYCARE FACILITIES. 1. (A) NOTWITHSTANDING ANY PROVISION
 OF LAW TO THE CONTRARY, IT SHALL BE THE DUTY OF EVERY OWNER AND/OR OPER-
 ATOR OF A CHILD DAYCARE FACILITY OPERATING IN THE STATE TO ESTABLISH AND
 MAINTAIN EMERGENCY EVACUATION AND LOCKDOWN PLANS FOR CHILDREN WITH DISA-
 BILITIES WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE  DATE  OF  THIS
 SECTION.    FOR PURPOSES OF THIS SECTION, "CHILD DAYCARE FACILITY" SHALL
 INCLUDE THE CHILD CARE PROGRAMS SET FORTH IN SUBDIVISION ONE OF  SECTION
 THREE  HUNDRED  NINETY  OF  THIS  TITLE, EXCEPT FOR AN "ENROLLED LEGALLY
 EXEMPT PROVIDER" AS SUCH TERM IS DEFINED IN PARAGRAPH (G) OF SUCH SUBDI-
 VISION.
   (B) THE EMERGENCY EVACUATION AND LOCKDOWN PLAN SHALL  BE  PROVIDED  TO
 THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN SEVEN DAYS OF THE PLAN
 BEING FINALIZED.
   2.  EACH  EMERGENCY  EVACUATION AND LOCKDOWN PLAN REQUIRED PURSUANT TO
 THIS SECTION SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE  FOLLOWING
 ELEMENTS:
   (A) PROCEDURES FOR EVACUATING CHILDREN WITH DISABILITIES;
   (B) LOCKDOWN PROCEDURES FOR CHILDREN WITH DISABILITIES;
   (C) A LIST OF CHILDREN ATTENDING THE DAYCARE FACILITY WHO HAVE A DISA-
 BILITY  AND  WHO WOULD NEED ASSISTANCE DURING AN EVACUATION, LOCKDOWN OR
 ANY OTHER EMERGENCY SITUATION; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01929-01-5
              

 A. 3433                             2
 
   (D) THE LOCATION AND TYPE OF EVACUATION OR LOCKDOWN ASSISTANCE DEVICES
 OR ASSISTIVE TECHNOLOGIES THAT ARE AVAILABLE WITHIN THE DAYCARE  FACILI-
 TY.
   3.  TO  THE EXTENT PRACTICABLE, EACH EMERGENCY EVACUATION AND LOCKDOWN
 PLAN SHALL TAKE INTO ACCOUNT THE PARTICULAR DISABILITIES THE CHILDREN IN
 THE DAYCARE FACILITY MAY HAVE.
   4. (A) EACH DAYCARE FACILITY SHALL MAKE THE PLAN REQUIRED PURSUANT  TO
 THIS SECTION AVAILABLE UPON REQUEST TO:
   (I) LOCAL LAW ENFORCEMENT AND EMERGENCY RESPONDERS;
   (II) EMPLOYEES AND OTHER PERSONNEL OF THE PROGRAMS AS DEEMED NECESSARY
 FOR  PURPOSES  OF  BEING ABLE TO CARRY OUT AND COMPLY WITH THE EMERGENCY
 EVACUATION AND LOCKDOWN PLANS SET FORTH IN THIS SECTION; AND
   (III) A PARENT OR CUSTODIAN; PROVIDED, HOWEVER, A PARENT OR  CUSTODIAN
 MAY  ONLY  RECEIVE PLAN INFORMATION THAT PERTAINS DIRECTLY TO A CHILD IN
 THEIR CARE AND CUSTODY.
   (B) ALL INFORMATION RELATED TO A YOUTH'S DIAGNOSES,  DISABILITIES,  OR
 IDENTIFICATION MUST REMAIN CONFIDENTIAL AS REQUIRED BY FEDERAL AND STATE
 LAW.
   4.  A  COPY  OF  THE  PLAN SHALL BE MAINTAINED AT ALL TIMES IN A PLACE
 EASILY ACCESSIBLE BY LAW ENFORCEMENT, EMERGENCY RESPONDERS  AND  DAYCARE
 FACILITY EMPLOYEES.
   5.  ON  AN  ANNUAL BASIS, EVERY DAYCARE FACILITY SHALL UPDATE THE PLAN
 AND PROVIDE THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  PARENTS  AND
 FACILITY  EMPLOYEES WITH NOTICE DETAILING THE UPDATED PROVISIONS OF SUCH
 PLAN, IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION.
   § 2. This act shall take effect immediately.