NY State Senate Bill 2025-S6225

Senate Bill S6225

2025-2026 Legislative Session

Relates to inspections of child day care homes, programs and facilities, and opioid overdose prevention

download bill text pdf

Current Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 06, 2025	referred to children and families

2025-S6225 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§390 & 390-a, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S7815

2025-S6225 (ACTIVE) - Summary

Requires inspections of child day care homes, programs and facilities include the full premises; requires providers of a family day care home or group family day care home to disclose to the office of children and family services all persons who reside in the home where child day care is being provided; requires all providers of child day care to receive training for, provide and maintain onsite opioid antagonists for use during emergencies.

2025-S6225 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6225

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to inspections of
child day care homes, programs and facilities, and opioid overdose
prevention

 
PURPOSE:

To develop training for childcare facility inspectors on controlled
substances, educate and train childcare providers on overdose
prevention, and establish transparency for parents with children in
home-based day care centers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 390 of the Social Services Law (SOS), as it
relates to child day care and licensing or registration required by
adding several provisions as follows:

Subparagraph (iv) of paragraph (d) of subdivision 2, as it relates to
requiring home based day care providers to openly display an issued
license in a method and format determined by the Office of Children and
Family Services (OCFS), would now require home based day care providers
to openly display the number of household members living in the home,
update the number immediately anytime there is a change, and disclose
the number upon request.

Paragraph (a) of subdivision 2-a, would add the requirement for educa-
tion on overdose prevention as part of the minimum quality program
requirements that OCFS is required to create regulations for.

Subparagraph (i) of paragraph (c) of subdivision 3, would require OCFS
to include an electronic mail address for inquiries or complaints and
mandate providers to openly display both the toll free telephone number
and electronic mail address alongside their license in a method and
format determined by OCFS.

Subdivision 6 would require providers to post the right to inspect a
child day care program by a parent or guardian of any child in the
program alongside the provider's license in a method and format deter-
mined by OCFS.

Paragraph (a) of subdivision 7 would require OCFS to include in their
education to parents and consumers all of the information that day care
providers are required to post or display.

Section 2 amends section 390 of SOS, by adding a new subdivision 15, to
require that only visual inspections of every room and closet at a home
or facility happen during all inspections of the premises of any child
day care provider.

Section 3 amends section 390-a of SOS, as it relates to standards and
training for daycare providers by adding a new subdivision 6, to allow
providers to have opioid antagonists onsite, at no cost to providers.
This legislation would also require such antagonists to be stored out of
reach from children, accessible to all employees or volunteers, and give
both providers and parents information on how to obtain overdose
prevention training and free opioid antagonists through existing
programs or services.

Section 4 amends paragraph (b) of subdivision 3 of section 390-a of SOS,
as it relates to overdose prevention training by adding new subparagraph
(xi) which would require such training for providers be sourced from an
approved training program under section 3309 of the Public Health Law.

Section 5 provides the effective date and allows OCFS to develop regu-
lations prior to the effective date.

 
JUSTIFICATION:

Recent incidents at daycare centers in New York City have underscored
the need for updated reforms aimed at enhancing transparency for
parents, providing education for providers, and ensuring thorough train-
ing for inspectors. The tragic overdose death of one-year-old Nicholas
Feliz-Dominici at a Bronx daycare in Senate District 33, in 2023 and the
arrest of a household member at another daycare in Manhattan for the
possession of ghost guns have raised concerns and created fear among
parents in New York. Recognizing that parents play a crucial role in
advocating for their children's well-being, this bill seeks to empower
them by ensuring they are informed about their rights to inspect child-
care facilities as well as avenues for inquiries and complaints to the
Office of Children and Family Services. Additionally, the bill would
better equip providers in New York State to address the startling rise
in incidents of overdose deaths and opioid exposure to children, both
locally and nationally, this legislation mandates education and training
for providers on overdose prevention. Lastly, for the improved prepared-
ness of inspectors, this bill proposes that their training encompass
recognizing the presence of controlled substances to enhan ce their
ability to safeguard the well-being of children.

 
LEGISLATIVE HISTORY:

2023-2024: S7815-A Rivera/A8966-A Alvarez

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective 90 days after this bill becomes law.

2025-S6225 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6225
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee 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, paragraph (a) of 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, IN A METHOD AND FORMAT DETERMINED  BY
 THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES, THE NUMBER OF HOUSEHOLD
 MEMBERS LIVING IN THE HOME AND UPDATE WHEN THERE IS ANY CHANGE IN HOUSE-
 HOLD.  CHILD DAY CARE PROVIDERS MUST DISCLOSE THE MOST RECENTLY  UPDATED
 INFORMATION  IMMEDIATELY  UPON  REQUEST  TO  AN INSPECTOR, PARENT, LEGAL
 GUARDIAN, OR RELATIVE 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01434-02-5

 S. 6225                             2
 
 Such requirements shall include but not be limited to (i) the  need  for
 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
 IN  A  METHOD AND FORMAT DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES.
   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 IN A METHOD AND FORMAT
 DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (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;
 S. 6225                             3
 
   (v)  information  concerning the availability of child day care subsi-
 dies;
   (vi) information about licensing and registration requirements;
   (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. Section 390-a of the social services law is amended by  adding  a
 new subdivision 6 to read as follows:
   6. (A) ALL PROVIDERS OF CHILD DAY CARE MAY 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 COMMISSION-
 ER OF HEALTH. SUCH OPIOID ANTAGONISTS SHALL BE OUT OF REACH  FROM  CHIL-
 DREN  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 PREVI-
 OUS 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 ONLY INCLUDE
 FREE  OPIOID  ANTAGONISTS  AT  NO  COST  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
   (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.

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