S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3899
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Children and Families
 
 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.
   (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01434-01-5
              

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 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;
   (v)  information  concerning the availability of child day care subsi-
 dies;
   (vi) information about licensing and registration requirements;
 A. 3899                             3
 
   (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
 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
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   (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.