BILL NUMBER: S278

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.

Section 2: Sets effective date.

              

 
JUSTIFICATION:

In the aftermath of the COVID-19 pandemic, New York State has witnessed
the closure of numerous daycare facilities, yet the demand for childcare
services has not diminished. This has resulted in a significant shortage
of available slots for parents seeking care. To address this issue, the
proposed bill seeks to empower the Office of Children and Family
Services (OCFS) to implement uniform standards of conduct across the
state's childcare settings. By addressing staff-to child ratios and
establishing clear qualifications and training standards, this legis-
lation ensures the provision of high-quality childcare.

Disparities between New York City's and New York State's regulations
extend beyond the staff-to-child ratios and maximum group sizes. For
instance, Article 47 of the New York City Health Code defines a
"toddler" as a child between 12 and 24 months of age (S47.01) and
mandates a staff-to-child ratio of 1:5 with a maximum group size of 10
(§ 47.23). In contrast, the New York City ratio for children ages two to
under three is 1:6, with a maximum group size of 12 (§ 47.23).
Conversely, New York State regulations define "toddler" as a child aged
18 to 36 months (18 NYCRR § 413.2), with a staff-to-child ratio of 1:5
and a maximum group size of 12 (18 NYCRR § 418-1.8).

Under the current state regulations, the 1:5 ratio with a maximum group
size of 12 proves financially unfeasible for providers outside New York
City to accommodate more than 10 children in a group. The existing ratio
requires an additional staff member for a group of 12 children, which
incurs higher costs than admitting two extra children. Aligning the
state's regulations with New York City's ratios would address this
financial discrepancy while maintaining essential child safety stand-
ards.

Social Services Law (SSL) directs OCFS to establish appropriate staff
to-child ratios for childcare programs, with the provision that these
ratios must be no less stringent than those in effect on January 1, 2000
(SSL § 390(2-a)(a)(iii)). However, the ratios and group sizes have

remained unchanged since 2000, except for the addition of a standard for
infants aged birth to 6 weeks, which did not exist in 2000.

This legislation is necessary to allow OCFS to amend the New York Codes,
Rules, and Regulations (NYCRR) concerning child-to-staff ratios, ensur-
ing that the 1:5 ratio for toddler classrooms is adjusted to allow for
the safe and financially feasible admission of the maximum number of
children.

 
LEGISLATIVE HISTORY:

Senate

2023: N/A

2024: S8426, Passed Senate

Assembly

2023: N/A

2024: A9529, Reported Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.