Bill Text: NY S08426 | 2023-2024 | General Assembly | Amended

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Bill Title: Removes certain requirements on what the office of children and family services can determine to be an appropriate staff/child ratios for family day care homes, group family day care homes, school age day care programs and day care centers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-06 - referred to children and families [S08426 Detail]

Download: New_York-2023-S08426-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8426--A

                    IN SENATE

                                    January 29, 2024
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and  Families  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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

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

     1    Section  1.  Paragraph  (a)  of  subdivision 2-a of section 390 of the
     2  social services law, as added by chapter 416 of the  laws  of  2000,  is
     3  amended to read as follows:
     4    (a)  The office of children and family services shall promulgate regu-
     5  lations  which  establish  minimum  quality  program  requirements   for
     6  licensed  and  registered child day care homes, programs and facilities.
     7  Such requirements shall include but not be limited to (i) the  need  for
     8  age  appropriate  activities,  materials and equipment to promote cogni-
     9  tive, educational, social, cultural, physical, emotional,  language  and
    10  recreational  development  of  children  in  care in a safe, healthy and
    11  caring environment (ii) principles of childhood development (iii) appro-
    12  priate staff/child ratios for family day care homes,  group  family  day
    13  care homes, school age day care programs and day care centers[, provided
    14  however  that  such  staff/child ratios shall not be less stringent than
    15  applicable staff/child ratios as set forth in part  four  hundred  four-
    16  teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
    17  teen  of title eighteen of the New York code of rules and regulations as
    18  of January first, two thousand] (iv) appropriate levels  of  supervision
    19  of  children  in  care  (v)  minimum  standards  for sanitation, health,
    20  infection control, nutrition, buildings and equipment, safety,  security
    21  procedures,  first  aid,  fire prevention, fire safety, evacuation plans
    22  and drills, prevention of child abuse and maltreatment, staff qualifica-
    23  tions and training, record keeping, and child behavior management.
    24    § 2. Section 390 of the social services law is amended by adding a new
    25  subdivision 2-b to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13682-02-4
        S. 8426--A                          2

     1    2-b. Notwithstanding any other provision of law to the  contrary,  the
     2  office  of  children and family services may issue a waiver, established
     3  pursuant to regulation, to any child day care, child day care  provider,
     4  child day care center, group family day care home, family day care home,
     5  or  school  age child care as defined in subdivision one of this section
     6  for the following:
     7    (a) maximum capacity;
     8    (b) staff/child ratios; and/or
     9    (c) the ages of children that can be served.
    10    § 3. This act shall take effect on the one hundred twentieth day after
    11  it shall have become a law.   Effective   immediately,    the  addition,
    12  amendment  and/or  repeal  of   any rule or regulation necessary for the
    13  implementation of this  act  on its effective date are authorized to  be
    14  made and completed on or before  such effective date.