Bill Text: NY S01197 | 2025-2026 | General Assembly | Introduced

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Bill Title: Requires daycare facilities to maintain evacuation and lockdown plans for children with disabilities during an emergency situation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2025-01-08 - REFERRED TO DISABILITIES [S01197 Detail]

Download: New_York-2025-S01197-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1197

                               2025-2026 Regular Sessions

                    IN SENATE

                                     January 8, 2025
                                       ___________

        Introduced by Sens. ADDABBO, WEBB -- read twice and ordered printed, and
          when printed to be committed to the Committee on Disabilities

        AN  ACT  to  amend  the  social  services  law, in relation to requiring
          daycare facilities to maintain evacuation and lockdown plans for chil-
          dren with disabilities during an emergency situation

          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. Emergency evacuation and lockdown  plans  for  children  with
     4  disabilities in daycare facilities. 1. (a) Notwithstanding any provision
     5  of law to the contrary, it shall be the duty of every owner and/or oper-
     6  ator of a child daycare facility operating in the state to establish and
     7  maintain emergency evacuation and lockdown plans for children with disa-
     8  bilities  within  one  hundred twenty days of the effective date of this
     9  section.  For purposes of this section, "child daycare  facility"  shall
    10  include  the child care programs set forth in subdivision one of section
    11  three hundred ninety of this title,  except  for  an  "enrolled  legally
    12  exempt provider" as such term is defined in paragraph (g) of such subdi-
    13  vision.
    14    (b)  The  emergency  evacuation and lockdown plan shall be provided to
    15  the office of children and family services within seven days of the plan
    16  being finalized.
    17    2. Each emergency evacuation and lockdown plan  required  pursuant  to
    18  this  section  shall  include,  but  not  be  limited  to, the following
    19  elements:
    20    (a) procedures for evacuating children with disabilities;
    21    (b) lockdown procedures for children with disabilities;
    22    (c) a list of children attending the daycare facility who have a disa-
    23  bility and who would need assistance during an evacuation,  lockdown  or
    24  any other emergency situation; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01929-01-5
        S. 1197                             2

     1    (d) the location and type of evacuation or lockdown assistance devices
     2  or  assistive technologies that are available within the daycare facili-
     3  ty.
     4    3.  To  the extent practicable, each emergency evacuation and lockdown
     5  plan shall take into account the particular disabilities the children in
     6  the daycare facility may have.
     7    4. (a) Each daycare facility shall make the plan required pursuant  to
     8  this section available upon request to:
     9    (i) local law enforcement and emergency responders;
    10    (ii) employees and other personnel of the programs as deemed necessary
    11  for  purposes  of  being able to carry out and comply with the emergency
    12  evacuation and lockdown plans set forth in this section; and
    13    (iii) a parent or custodian; provided, however, a parent or  custodian
    14  may  only  receive plan information that pertains directly to a child in
    15  their care and custody.
    16    (b) All information related to a youth's diagnoses,  disabilities,  or
    17  identification must remain confidential as required by federal and state
    18  law.
    19    4.  A  copy  of  the  plan shall be maintained at all times in a place
    20  easily accessible by law enforcement, emergency responders  and  daycare
    21  facility employees.
    22    5.  On  an  annual basis, every daycare facility shall update the plan
    23  and provide the office of children  and  family  services,  parents  and
    24  facility  employees with notice detailing the updated provisions of such
    25  plan, in accordance with the provisions set forth in this section.
    26    § 2. This act shall take effect immediately.