Bill Text: NY A06746 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires certain child day care centers to have video surveillance in certain areas occupied by children who are three years of age or younger.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-05-14 - held for consideration in children and families [A06746 Detail]

Download: New_York-2023-A06746-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6746

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M.  of A. MORINELLO, NORRIS -- read once and referred to
          the Committee on Children and Families

        AN ACT to amend the  social  services  law,  in  relation  to  requiring
          certain child day care centers to have video surveillance

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The social services law is amended by adding a new  section
     2  390-n to read as follows:
     3    § 390-n. Child day care center; video surveillance.  1. Each child day
     4  care  center,  as defined in paragraph (c) of subdivision one of section
     5  three hundred ninety of this title, or any authorized agency, as defined
     6  in paragraph (a) of subdivision ten of section three hundred seventy-one
     7  of this title, including any agency boarding home or group  home,  which
     8  on a regular basis cares for a child under the age of three shall:
     9    (a) place video recording equipment in each area of the child day care
    10  center occupied by children who are three years of age or younger;
    11    (b) visually monitor and record each area of the child day care center
    12  occupied by children who are three years of age or younger any time such
    13  children are present in such area.
    14    2.  If  a child day care center is inside of or connected to a school,
    15  office building, or other facility, the child day care center shall only
    16  be required to place video recording equipment in and  visually  monitor
    17  and record areas used as classrooms.
    18    3.  A  child day care center shall not be required to visually monitor
    19  and record an area when such area is not occupied  by  a  child  who  is
    20  three years of age or younger.
    21    4.  Visual  monitoring and recording shall not occur, except for inci-
    22  dental coverage by video recording equipment of a minor portion of  such
    23  area due to the layout of the child day care center:
    24    (a) inside of a bathroom;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09910-01-3
        A. 6746                             2

     1    (b) other than the main instructional area of a classroom, in any area
     2  in which a child's clothes or diapers are changed; and
     3    (c)  the main instructional area of a classroom when a child's clothes
     4  or diapers are changed in such area.
     5    5. A child day care center shall release to an appropriate department,
     6  commission, law enforcement agency, or  other  governmental  entity  for
     7  viewing any part of a recording which:
     8    (a)  may  show an alleged incident of abuse or neglect of a child or a
     9  violation of a licensing standard such entity is investigating; or
    10    (b) is required to conduct a monitoring inspection.
    11    6. Each child day care center shall retain recordings made under  this
    12  section  for  at  least  ninety  days from the date such recordings were
    13  made.  Provided, however, if a person requests to view a recording  from
    14  a  child  day  care  center under subdivision five of this section, such
    15  recording shall be retained until:
    16    (a) a determination is made as to if an alleged incident of  abuse  or
    17  neglect  occurred  on  such recording and, if it is determined that such
    18  incident occurred on such recording, until such  incident  is  resolved,
    19  including the exhaustion of any and all appeals; or
    20    (b) the completion of the monitoring inspection.
    21    §  2. This act shall take effect one year after it shall have become a
    22  law. Effective immediately, the addition, amendment and/or repeal of any
    23  rule or regulation necessary for the implementation of this act  on  its
    24  effective date are authorized to be made and completed on or before such
    25  effective date.