Allows neighborhoods an opportunity to be heard regarding licensing of a child day care center caring for seven or more children or a group family day care program

BILL NUMBER:A9176

Title of bill

An act to amend the social services law, in relation to allowing neighborhoods an opportunity to be heard regarding the licensing of a child day care center caring for seven or more children or a group family day care program

Purpose or general idea of bill

To provide neighborhoods an opportunity to object to the licensing of a child day care center caring for seven or more children or a group family day care program should licensing that day care provider in that neighborhood harm the health, safety or welfare of the neighborhood, or bring an undesirable change to the character of the neighborhood or create a detriment to nearby properties.

Summary of specific provisions

Section 1 amends section 390 of the social service law to add a new subdivision 1-a, to require that when an applicant for a license for a child day care center caring for seven or more children or a group home family day care program that intends to establish such child day care in a residential only zoned area, the department must provide notice of such to the neighborhood and give the neighbors an opportunity to object to such. The department must consider the detriment to the health, safety and welfare of the neighborhood or community before granting the license, and must also consider whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created.

Section 2 provides that this act shall take effect immediately.

Justification

Child day care centers and group family day care programs licensed under social services law section 390 are intended to provide neighborhood based child care for the children of that community. Although they are regulated by the department, they are not treated with the same scrutiny as other businesses. Unfortunately, entrepreneurs are taking advantage of the broad language of section 390 to bring day care businesses into residential areas to serve clients outside the neighborhood. Established residents are seeing strangers move in for the sole purpose of establishing a day care, and experiencing increased traffic, safety issues and potential decrease in property values. This legislation is aimed at restoring the true nature of section 390 by giving a community the opportunity to alert the department prior to the licensing of such a child care program without impeding the establishment of true neighborhood based programs.

PRIOR LEGISLATIVE HISTORY:New bill.

Fiscal implications

None

Effective date

Immediately upon becoming law.