Repeals section 390-h of the social services law relating to the closure of child care centers

BILL NUMBER:S4810

Title of bill

An act to repeal section 390-h of the social services law, relating to notice of closing child care centers

Purpose

Repeals the current unfunded mandate on the City of New York to keep child care centers open for six months after notification of closure, even if they are not in use. Just in the last year, this mandate cost NYC taxpayers $2.3 million.

Summary of provisions

Section 1. Repeals Social Services Law section 390-h, which requires the City of New York to provide at least six months written notice to a child day care center under contract with the City and the parents or persons legally responsible for children enrolled in such center, prior to closing it.

Existing law

Currently, no locality other than New York City has a requirement to provide six months written notification in order to close a childcare center they are contracting with.

Justification

New York City currently has a required six month waiting period in order to close a child care center, even if the center not fully utilized or under capacity. This policy cost city taxpayers over $2 million last year- costs that the City must make up through cuts to other necessary services.

This notice is mandated by New York State even when closures are necessitated by a cut in state funding, effectively requiring the City to absorb the cost of policies outside its control. At a time when the Administration for Children's Services (ACS) faces substantial reductions in funding for child care, the extra $2.3 million cost as a result of this law is unacceptable.

Even before the closure notification requirement was enacted, ACS already had procedures to ensure timely and accurate notification to parents about program service changes, giving them appropriate time to find another acceptable location for their children. This process generally takes about two months, and would continue to take place even with the rescinding of the notification requirement. In addition, in the event of a planned closure, ACS assists families in identifying and transferring to alternate program options.

As it stands, centers are not closed arbitrarily. With or without the notification requirement, under current law, no notice is required for closures related to health or safety concerns. This legislation rescinds the current unfunded mandate, makes child-care center closure laws uniform statewide, and maintains continuity in safe child-care services for New York City's families.

Legislative history

New bill.

Fiscal implications

None to the state.

Local fiscal implications

Savings of around $2 million to NYC.

Effective date

This act shall take effect immediately.