§ 390. Child day care; license or registration required. 1.
Definitions. (a) (i) "Child day care" shall mean child care where a
license or registration pursuant to this section is required and shall
include care for a child on a regular basis provided away from the
child's residence for less than twenty-four hours per day by someone
other than: (1) the parent, step-parent, guardian, or relative within
the third degree of consanguinity of the parents or step-parents of such
child; or (2) an enrolled legally-exempt provider as such term is
defined in paragraph (g) of this subdivision.

(ii) Child day care shall not refer to care provided in:

(A) a day camp, as defined in the state sanitary code;

(B) an after-school program operated for the purpose of religious
education, sports, or recreation;

(C) a facility:

(1) providing day services under an operating certificate issued by
the department;

(2) providing day treatment under an operating certificate issued by
the office of mental health or the office for people with developmental
disabilities; or

(D) a kindergarten, pre-kindergarten, or nursery school for children
three years of age or older, or after-school program for children
operated by a public school district or by a private school or academy
which is providing elementary or secondary education or both, in
accordance with the compulsory education requirements of the education
law, provided that the kindergarten, pre-kindergarten, nursery school,
or after school program is located on the premises or campus where the
elementary or secondary education is provided. Provided however, a
kindergarten or a pre-kindergarten operated by a public school district
shall not be considered a child day care if the kindergarten or
pre-kindergarten is not located on the premises or campus where the
elementary or secondary education is provided.

(b) "Child day care provider" shall mean any individual, association,
corporation, partnership, institution or agency whose activities include
providing child day care or operating a home or facility where child day
care is provided.

(c) "Child day care center" shall mean any program or facility caring
for children for more than three hours per day per child in which child
day care is provided by a child day care provider except those programs
operating as a group family day care home as such term is defined in
paragraph (d) of this subdivision, a family day care home, as such term
is defined in paragraph (e) of this subdivision, and a school-age child
care program, as such term is defined in paragraph (f) of this
subdivision.

(d) "Group family day care home" shall mean a program caring for
children for more than three hours per day per child in which child day
care is provided in a family home for seven to twelve children of all
ages, except for those programs operating as a family day care home, as
such term is defined in paragraph (e) of this subdivision, which care
for seven or eight children. A group family day care provider may
provide child day care services to four additional children if such
additional children are of school age and such children receive services
only before or after the period such children are ordinarily in school
or during school lunch periods, or school holidays, or during those
periods of the year in which school is not in session. There shall be
one caregiver for every two children under two years of age in the group
family home. A group family day care home must have at least one
assistant to the operator present when child day care is being provided
to seven or more children when none of the children are school age, or
nine or more children when at least two of the children are school age
and such children receive services only before or after the period such
children are ordinarily in school or during school lunch periods, or
school holidays, or during those periods of the year in which school is
not in session. This assistant shall be selected by the group family day
care operator and shall meet the qualifications established for such
position by the regulations of the office of children and family
services.

(e) "Family day care home" shall mean a program caring for children
for more than three hours per day per child in which child day care is
provided in a family home for three to six children. There shall be one
caregiver for every two children under two years of age in the family
day care home. A family day care provider may, however, care for seven
or eight children at any one time if no more than six of the children
are less than school age and the school-aged children receive care
primarily before or after the period such children are ordinarily in
school, during school lunch periods, on school holidays, or during those
periods of the year in which school is not in session in accordance with
the regulations of the office of children and family services and the
office inspects such home to determine whether the provider can care
adequately for seven or eight children.

(f) "School age child care" shall mean a program caring for more than
six school-aged children who are under thirteen years of age or who are
incapable of caring for themselves. Such programs shall be in operation
consistent with the local school calendar. School age child care
programs shall offer care during the school year to an enrolled group of
children at a permanent site before or after the period children
enrolled in such program are ordinarily in school or during school lunch
periods and may also provide such care on school holidays and those
periods of the year in which school is not in session.

(g) "Enrolled legally exempt provider" shall mean a person who is a
caregiver or entity that is not required to be licensed or registered
pursuant to this section and that is enrolled to be a caregiver and
provide subsidized child care services to eligible families in
accordance with title five-C of this article and the regulations of the
office of children and family services.

2. (a) Child day care centers caring for seven or more children and
group family day care programs, as defined in subdivision one of this
section, shall obtain a license from the office of children and family
services and shall operate in accordance with the terms of such license
and the regulations of such office. Initial licenses and subsequent
licenses shall be valid for a period of up to four years so long as the
provider remains substantially in compliance with applicable law and
regulations during such period.

(b) Family day care homes, child day care centers caring for at least
three but fewer than seven children, and school-age child care programs
shall register with the department and shall operate in compliance with
the regulations of the department.

(c) Any child day care provider not required to obtain a license
pursuant to paragraph (a) of this subdivision or to register with the
department pursuant to paragraph (b) of this subdivision may register
with the department.

(d) (i) The office of children and family services shall promulgate
regulations for licensure and for registration of child day care
pursuant to this section. Procedures for obtaining a license or
registration or renewing a license shall include a satisfactory
inspection of the facility by the office of children and family services
prior to issuance of the license or registration or renewal of the
license.

(ii) (A) Initial registrations and subsequent registrations shall be
valid for a period of up to four years so long as the provider remains
substantially in compliance with applicable law and regulations during
such period.

(B) After initial registration by the child day care provider, the
office of children and family services shall not accept any subsequent
registration by such provider, unless:

(1) such provider has met the training requirements set forth in
section three hundred ninety-a of this title;

(2) such provider has met the requirements of section three hundred
ninety-b of this title relating to criminal history screening;

(3) such provider has complied with the requirements of section four
hundred twenty-four-a of this article; and

(4) the office of children and family services has received no
complaints about the home, center, or program alleging statutory or
regulatory violations, or, having received such complaints, the office
of children and family services has determined, after inspection
pursuant to paragraph (a) of subdivision three of this section, that the
home, center, or program is operated in compliance with applicable
statutory and regulatory requirements.

(C) Where the office of children and family services has determined
that a registration should not be continued because the requirements of
clause (B) of this subparagraph have not been satisfied, the office of
children and family services may terminate the registration. If the
office of children and family services does not terminate the
registration, the office of children and family services shall inspect
the home or program before acknowledging any subsequent registration.
Where the home or program has failed to meet the requirements of this
section, the office of children and family services may reject any
subsequent registration of a provider. Nothing herein shall prohibit the
office of children and family services from terminating or suspending
registration pursuant to subdivision ten of this section where the
office of children and family services determines that termination or
suspension is necessary.

(iv) 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.

(d-1) (i) The office of children and family services shall promulgate
regulations for inspections of enrolled legally exempt providers, which
shall include the completion of a satisfactory inspection of the
premises where care is to be provided, by the office of children and
family services.

(ii) Provided however, unless a complaint is made in or as otherwise
authorized such inspections shall not be required when the enrolled
legally exempt provider is an individual, age eighteen or older, and
who, by virtue of blood, marriage or court decree, is, to all of the
children that such person is enrolled to provide subsidized child care
services to in accordance with title five-C of this article:

(A) a grandparent;

(B) a great-grandparent;

(C) a sibling, provided that such sibling resides in a separate
household from the child;

(D) an aunt; or

(E) an uncle.

(e) Notwithstanding any other provision of this section, where a child
is cared for by a parent, guardian or relative within the third degree
of consanguinity of the parent of such child and such person
simultaneously provides child day care for other children, only the
other children shall be considered in determining whether such person
must be registered or licensed, provided that such person is not caring,
in total, for more than eight children.

2-a. (a) The office of children and family services shall promulgate
regulations 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
age appropriate activities, materials and equipment to promote
cognitive, 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)
appropriate 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 fourteen, four hundred sixteen, four hundred seventeen or four
hundred eighteen 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 procedures, 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.

(b) The use of electronic monitors as a sole means of supervision of
children in day care shall be prohibited, except that electronic
monitors may be used in family day care homes and group family day care
homes as an indirect means of supervision where the parents of any child
to be supervised have agreed in advance to the use of such monitors as
an indirect means of supervision and the use of such monitors is
restricted to situations where the children so supervised are sleeping.

(c) No child less than six weeks of age may be cared for by a licensed
or registered day care provider, except in extenuating circumstances
where prior approval for care of such children has been given by the
office of children and family services. Extenuating circumstances for
the purposes of this section shall include but not be limited to the
medical or health needs of the parent or child, or the economic hardship
of the parent.

3. (a) The office of children and family services may make announced
or unannounced inspections of the records and premises of any child care
provider, whether or not such provider has a license from, or is
registered with, the office of children and family services. The office
of children and family services shall make unannounced inspections of
the records and premises of any child day care provider within fifteen
days after the office of children and family services receives a
complaint that, if true, would indicate such provider does not comply
with the applicable regulations of the office of children and family
services or with statutory requirements. If the complaint indicates that
there may be imminent danger to the children, the office of children and
family services shall investigate the complaint no later than the next
day of operation of the provider. The office of children and family
services may provide for inspections through the purchase of services.

(b) (i) Where inspections have been made and violations of applicable
statutes or regulations have been found, the office of children and
family services shall within ten days advise the child day care provider
in writing of the violations and require the provider to correct such
violations. The office of children and family services may also act
pursuant to subdivisions ten and eleven of this section.

(ii) Where inspections have been made and violations of applicable
statutes or regulations have been found, the office of children and
family services or its designee shall, within ten days, advise the
enrolled legally-exempt provider in writing of the violations and
require the provider to correct such violations.

(c) (i) The office of children and family services shall establish a
toll-free statewide telephone number to receive inquiries about child
day care homes, programs and facilities and complaints of violations of
the requirements of this section or regulations promulgated 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 to the public for making inquiries or
complaints about child day care homes, programs or facilities.

(ii) Information to be maintained and available to the public through
such toll-free telephone number shall include, but not be limited to:

(A) current license and registration status of child day care homes,
programs and facilities including whether a license or registration is
in effect or has been revoked or suspended; and

(B) child care resource and referral programs providing services
pursuant to title five-B of this article and other resources known to
the office of children and family services which relate to child day
care homes, programs and facilities in the state.

(iii) Upon written request identifying a particular child day care
home, program or facility, the office of children and family services
shall provide the information set forth below. The office of children
and family services may charge reasonable fees for copies of documents
provided, consistent with the provisions of article six of the public
officers law. The information available pursuant to this clause shall
be:

(A) the results of the most recent inspection for licensure or
registration and any subsequent inspections by the office of children
and family services;

(B) complaints filed against child day care homes, programs or
facilities which describes the nature of the complaint and states how
the complaint was resolved, including the status of the office of
children and family services investigation, the steps taken to rectify
the complaint, and the penalty, if any, imposed; and

(C) child day care homes, programs or facilities which have requested
or received a waiver from any applicable rule or regulation, and the
regulatory requirement which was waived.

(iv) Nothing in this paragraph shall be construed to require or permit
the disclosure either orally or in writing of any information that is
confidential pursuant to law.

(d) Where investigation or inspection reveals that a child day care
provider which must be licensed or registered is not, the office of
children and family services shall advise the child day care provider in
writing that the provider is in violation of the licensing or
registration requirements and shall take such further action as is
necessary to cause the provider to comply with the law, including
directing an unlicensed or unregistered provider to cease operation. In
addition, the office of children and family services shall require the
provider to notify the parents or guardians of children receiving care
from the provider that the provider is in violation of the licensing or
registration requirements and shall require the provider to notify the
office of children and family services that the provider has done so.
Any provider who is directed to cease operations pursuant to this
paragraph shall be entitled to a hearing before the office of children
and family services. If the provider requests a hearing to contest the
directive to cease operations, such hearing must be scheduled to
commence as soon as possible but in no event later than thirty days
after the receipt of the request by the office of children and family
services. The provider may not operate the center, home or program after
being directed to cease operations, regardless of whether a hearing is
requested. If the provider does not cease operations, the office of
children and family services may impose a civil penalty pursuant to
subdivision eleven of this section, seek an injunction pursuant to
section three hundred ninety-one of this title, or both.

(e) (i) Where an authorized agency is subsidizing child day care
pursuant to any provision of this chapter, the authorized agency may
submit to the department justification for a need to impose additional
requirements upon child day care providers and a plan to monitor
compliance with such additional requirements. No such additional
requirements or monitoring may be imposed without the written approval
of the department.

(ii) An authorized agency may refuse to allow a child day care
provider who is not in compliance with this section and regulations
issued hereunder or any approved additional requirements of the
authorized agency to provide child day care to the child. In accordance
with the plan approved by the department, an authorized agency shall
have the right to make announced or unannounced inspections of the
records and premises of any provider who provides care for such
children, including the right to make inspections prior to subsidized
children receiving care in a home where the inspection is for the
purpose of determining whether the child day care provider is in
compliance with applicable law and regulations and any additional
requirements imposed upon such provider by the authorized agency. Where
an authorized agency makes such inspections, the authorized agency shall
notify the department immediately of any violations of this section or
regulations promulgated hereunder, and shall provide the department with
an inspection report whether or not violations were found, documenting
the results of such inspection.

(iii) Nothing contained in this paragraph shall diminish the authority
of the department to conduct inspections or provide for inspections
through purchase of services as otherwise provided for in this section.
Nothing contained in this paragraph shall obligate the department to
take any action to enforce any additional requirements imposed on child
day care providers by an authorized agency.

(f) Individual local social services districts may alter their
participation in activities related to arranging for, subsidizing,
delivering and monitoring the provision of subsidized child day care
provided, however, that the total participation of an individual
district in all activities related to the provision of subsidized child
day care shall be no less than the participation level engaged in by
such individual district on the effective date of this section.

4. (a) The office of children and family services on an annual basis
shall inspect all child day care programs and all enrolled
legally-exempt providers except when such provider is determined to be
exempt in accordance with subparagraph (ii) of paragraph (d-one) of
subdivision two of this section. The office of children and family
services may provide for such inspections through purchase of services.

(b) Any family day care home or school-age child care program
licensed, registered, or certified by the department or by any
authorized agency on the effective date of this section shall be deemed
registered until the expiration of its then-current license or
certificate unless such license or certificate is suspended or revoked
pursuant to subdivision ten of this section. Family day care homes and
school-age child care programs not licensed, registered, or certified on
the effective date of this section shall register pursuant to
subdivision two of this section.

5. Child day care providers required to have a license from the
department or to be registered with the department pursuant to this
section shall not be exempt from such requirement through registration
with another state agency, or certification, registration, or licensure
by any local governmental agency or any authorized agency.

5-a. The office of children and family services shall provide, upon
request, all applications and forms necessary to become a licensed or
registered child day care provider in English, French, Polish, or any of
the ten most common non-English languages spoken by individuals with
limited-English proficiency in the state of New York, based on United
States census data.

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.

7. (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
different 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
subsidies;

(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.

(b) The department shall implement a statewide campaign to educate the
public as to the legal requirements for registration of family day care
and school-age child care, and the benefits of such registration. The
department may provide for such implementation through the purchase of
services. The campaign shall:

(i) use various types of media;

(ii) include the development of public educational materials for
families, family day care providers, employers and community agencies;

(iii) explain the role and functions of child care resource and
referral programs, as such term is used in title five-B of this article;

(iv) explain the role and functions of the department in regard to
registered programs; and

(v) publicize the department's toll-free telephone number for making
complaints of violations of child day care requirements related to
programs which are required to be licensed or registered.

(c) The office of children and family services shall implement a
statewide campaign to educate parents and other consumers of child day
care programs about adverse childhood experiences, the importance of
protective factors, and the availability of services for children at
risk for or experiencing adverse childhood experiences as defined in
paragraph (c) of subdivision one of section twenty-d of this chapter.
Such statewide campaign, shall include but is not limited to, providing
all licensed, registered and enrolled child care providers with
educational materials developed pursuant to subdivision two of section
three hundred seventy-c of this chapter. The educational materials may
be made available electronically and shall be offered to parents and
other consumers at the time of enrollment.

8. The department shall establish and maintain a list of all current
registered and licensed child day care programs and a list of all
programs whose license or registration has been revoked, rejected,
terminated, or suspended. Such information shall be available to the
public, pursuant to procedures developed by the department.

8-a. The office of children and family services shall not make
available to the public online any group family day care home provider's
or family day care provider's home street address or map showing the
location of such provider's home where such provider has requested to
opt out of the online availability of this information. The office shall
provide a written form informing a provider of their right to opt out of
providing information online, and shall also permit a provider to
request to opt out through the office's website.

9. The department shall make available, directly or through purchase
of services, to registered child day care providers information
concerning:

(a) liability insurance;

(b) start-up grants;

(c) United States department of agriculture food programs;

(d) subsidies available for child day care;

(e) tax information; and

(f) support services required to be provided by child care resource
and referral programs as set forth in subdivision three of section four
hundred ten-r of this article.

10. Any home or facility providing child day care shall be operated in
accordance with applicable statutes and regulations. Any violation of
applicable statutes or regulations shall be a basis to deny, limit,
suspend, revoke, or terminate a license or registration. Consistent with
articles twenty-three and twenty-three-A of the correction law, and
guidelines referenced in subdivision two of section four hundred
twenty-five of this article, if the office of children and family
services is made aware of the existence of a criminal conviction or
pending criminal charge concerning an operator of a family day care
home, group family day care home, school-age child care program, or
child day care center or concerning any assistant, employee or volunteer
in such homes, programs or centers, or any persons age eighteen or over
who reside in such homes, such conviction or charge may be a basis to
deny, limit, suspend, revoke, reject, or terminate a license or
registration. Before any license issued pursuant to the provisions of
this section is suspended or revoked, before registration pursuant to
this section is suspended or terminated, or when an application for such
license is denied or registration rejected, the applicant for or holder
of such registration or license is entitled, pursuant to section
twenty-two of this chapter and the regulations of the office of children
and family services, to a hearing before the office of children and
family services. However, a license or registration shall be temporarily
suspended or limited without a hearing upon written notice to the
operator of the facility following a finding that the public health, or
an individual's safety or welfare, are in imminent danger. The holder of
a license or registrant is entitled to a hearing before the office of
children and family services to contest the temporary suspension or
limitation. If the holder of a license or registrant requests a hearing
to contest the temporary suspension or limitation, such hearing must be
scheduled to commence as soon as possible but in no event later than
thirty days after the receipt of the request by the office of children
and family services. Suspension shall continue until the condition
requiring suspension or limitation is corrected or until a hearing
decision has been issued. If the office of children and family services
determines after a hearing that the temporary suspension or limitation
was proper, such suspension or limitation shall be extended until the
condition requiring suspension or limitation has been corrected or until
the license or registration has been revoked.

11. (a) (i) The office of children and family services shall adopt
regulations establishing civil penalties of no more than five hundred
dollars per day to be assessed against child day care centers, school
age child care programs, group family day care homes or family day care
homes for violations of this section, sections three hundred ninety-a
and three hundred ninety-b of this title and any regulations promulgated
thereunder. The regulations establishing civil penalties shall specify
the violations subject to penalty.

(ii) The office of children and family services shall adopt
regulations establishing civil penalties of no more than five hundred
dollars per day to be assessed against child day care providers who
operate child day care centers or group family day care homes without a
license or who operate family day care homes, school-age child care
programs, or child day care centers required to be registered without
obtaining such registration.

(iii) In addition to any other civil or criminal penalty provided by
law, the office of children and family services shall have the power to
assess civil penalties in accordance with its regulations adopted
pursuant to this subdivision after a hearing conducted in accordance
with procedures established by regulations of the office of children and
family services. Such procedures shall require that notice of the time
and place of the hearing, together with a statement of charges of
violations, shall be served in person or by certified mail addressed to
the school age child care program, group family day care home, family
day care home, or child day care center at least thirty days prior to
the date of the hearing. The statement of charges shall set forth the
existence of the violation or violations, the amount of penalty for
which the program may become liable, the steps which must be taken to
rectify the violation, and where applicable, a statement that a penalty
may be imposed regardless of rectification. A written answer to the
charges of violations shall be filed with the office of children and
family services not less than ten days prior to the date of hearing with
respect to each of the charges and shall include all material and
relevant matters which, if not disclosed in the answer, would not likely
be known to the office of children and family services.

(iv) The hearing shall be held by the commissioner of the office of
children and family services or the commissioner's designee. The burden
of proof at such hearing shall be on the office of children and family
services to show that the charges are supported by a preponderance of
the evidence. The commissioner of the office of children and family
services or the commissioner's designee, in his or her discretion, may
allow the child day care center operator or provider to attempt to prove
by a preponderance of the evidence any matter not included in the
answer. Where the child day care provider satisfactorily demonstrates
that it has rectified the violations in accordance with the requirements
of paragraph (c) of this subdivision, no penalty shall be imposed except
as provided in paragraph (c) of this subdivision.

(b)(i) In assessing penalties pursuant to this subdivision, the office
of children and family services may consider the completeness of any
rectification made and the specific circumstances of such violations as
mitigating factors.

(ii) Upon the request of the office of children and family services,
the attorney general shall commence an action in any court of competent
jurisdiction against any child day care program subject to the
provisions of this subdivision and against any person, entity or
corporation operating such center or school age child care program,
group family day care home or family day care home for the recovery of
any penalty assessed by the office of children and family services in
accordance with the provisions of this subdivision.

(iii) Any such penalty assessed by the office of children and family
services may be released or compromised by the office of children and
family services before the matter has been referred to the attorney
general; when such matter has been referred to the attorney general,
such penalty may be released or compromised and any action commenced to
recover the same may be settled and discontinued by the attorney general
with the consent of the office of children and family services.

(c)(i) Except as provided for in this paragraph, a child day care
provider shall avoid payment of a penalty imposed pursuant to this
subdivision where the provider has rectified the condition which
resulted in the imposition of the penalty within thirty days of
notification of the existence of the violation of statute or regulation.

(ii) Clause (i) of this paragraph notwithstanding, rectification shall
not preclude the imposition of a penalty pursuant to this subdivision
where:

(A) the child day care provider has operated a child day care center
or group family day care home without a license, has refused to seek a
license for the operation of such a center or home, or has continued to
operate such a center or home after denial of a license application,
revocation of an existing license or suspension of an existing license;

(B) the child day care provider has operated a family day care home,
school-age child care program or child day care center required to be
registered without being registered, has refused to seek registration
for the operation of such home, program or center or has continued to
operate such a home, program or center after denial of a registration
application, revocation of an existing registration or suspension of an
existing registration;

(C) there has been a total or substantial failure of the facility's
fire detection or prevention systems or emergency evacuation procedures;

(D) the child day care provider or an assistant, employee or volunteer
has failed to provide adequate and competent supervision;

(E) the child day care provider or an assistant, employee or volunteer
has failed to provide adequate sanitation;

(F) the child day care provider or an assistant, employee, volunteer
or, for a family day care home or group family day care home, a member
of the provider's household, has injured a child in care, unreasonably
failed to obtain medical attention for a child in care requiring such
attention, used corporal punishment against a child in care or abused or
maltreated a child in care;

(G) the child day care provider has violated the same statutory or
regulatory standard more than once within a six month period;

(H) the child day care provider or an assistant, employee or volunteer
has failed to make a report of suspected child abuse or maltreatment
when required to do so pursuant to section four hundred thirteen of this
article; or

(I) the child day care provider or an assistant, employee or volunteer
has submitted to the office of children and family services a forged
document as defined in section 170.00 of the penal law.

(d) Any civil penalty received by the office of children and family
services pursuant to this subdivision shall be deposited to the credit
of the "quality child care and protection fund" established pursuant to
section ninety-seven-www of the state finance law.

(e)(i) The office of children and family services shall deny a new
application for licensure or registration made by a day care provider
whose license or registration was previously revoked or terminated based
on a violation of statute or regulation for a period of two years from
the date that the revocation or termination of the license or
registration became finally effective, unless such office determines, in
its discretion, that approval of the application will not in any way
jeopardize the health, safety or welfare of children in the center,
program or home. For the purposes of this paragraph, the date that the
revocation or termination became finally effective shall be, as
applicable:

(A) the date that the revocation or termination became effective based
on the notice of revocation or termination;

(B) the date that the hearing decision was issued upholding the
revocation or termination;

(C) the date of issuance of a final court order affirming the
revocation or termination or affirming a hearing decision that upheld
the revocation or termination; or

(D) another date mutually agreed upon by the office of children and
family services and the provider.

(ii)(A) Such office shall deny a new application for licensure or
registration made by a day care provider who is enjoined or otherwise
prohibited by a court order from operation of a day care center, group
family day care home, family day care home or school-age child care
program without a license or registration for a period of two years from
the date of the court order unless the court order specifically enjoins
the provider from providing day care for a period longer than two years,
in which case the office shall deny any new application made by the
provider while the provider is so enjoined.

(B) Such office shall deny a new application for licensure or
registration made by a day care provider who is assessed a second civil
penalty by such office for having operated a day care center, group
family day care home, family day care home or school-age child care
program without a license or registration for a period of two years from
the date of the second fine. For the purposes of this paragraph, the
date of the second fine shall be either the date upon which the day care
provider signs a stipulation agreement to pay the second fine or the
date upon which a hearing decision is issued affirming the determination
of such office to impose the second fine, as applicable.

(iii) A day care provider who surrenders the provider's license or
registration while such office is engaged in enforcement seeking
suspension, revocation or termination of such provider's license or
registration pursuant to the regulations of such office, shall be deemed
to have had their license or registration revoked or terminated and
shall be subject to the prohibitions against licensing or registration
pursuant to subparagraph (i) of this paragraph for a period of two years
from the date of surrender of the license or registration.

12. (a) Notwithstanding any other provision of law, except as may be
required as a condition of licensure or registration by regulations
promulgated pursuant to this section, no village, town (outside the area
of any incorporated village), city or county shall adopt or enact any
law, ordinance, rule or regulation which would impose, mandate or
otherwise enforce standards for sanitation, health, fire safety or
building construction on a one or two family dwelling or multiple
dwelling used to provide group family day care or family day care than
would be applicable were such child day care not provided on the
premises. No village, town (outside the area of any incorporated
village), city or county shall prohibit or restrict use of a one or two
family dwelling, or multiple dwelling for family or group family day
care where a license or registration for such use has been issued in
accordance with regulations issued pursuant to this section. Nothing in
this paragraph shall preclude local authorities with enforcement
jurisdiction of the applicable sanitation, health, fire safety or
building construction code from making appropriate inspections to assure
compliance with such standards.

(b) Notwithstanding any other provision of law, but pursuant to
section five hundred eighty-one-b of the real property tax law, no
assessing unit, as defined in subdivision one of section one hundred two
of the real property tax law, in the assessment of the value of any
parcel used for residential purposes and registered as a family day care
home pursuant to this section, shall consider the use or registration of
such parcel as a family day care home.

13. Notwithstanding any other provision of law, this section, except
for paragraph (a-1) of subdivision two-a of this section, shall not
apply to child day care centers in the city of New York.

14. The office of children and family services, in conjunction with
the department of health, shall be required to annually distribute
informational materials related to the occurrence, transmission, birth
defects, methods of diagnosis and preventive measures of Cytomegalovirus
established pursuant to subdivision six of section two hundred sixty-six
of the public health law to every licensed, registered or enrolled child
care provider and their staff.