Requires cordless window coverings in child day care centers, public institutions for children and certain other facilities

BILL NUMBER:S6721A

Title of bill

An act to amend the social services law, in relation to requiring cordless window coverings in child day care centers, public institutions for children and certain other facilities

Purpose

This bill will prohibit the use of corded blinds in certain public child care facilities in order to remove the threat of strangulation or other harms caused by window covering cords.

Summary of provisions

The social services law will be amended by adding a new section 390-1 defining relevant terms and establishing the prohibition.

Justification

Since 1982, the federal Consumer Protection Safety Commission has estimated at least 200 children have died of strangulation from Roman and roll-up window blinds. According to advocacy groups such as the Parents for Window Blind Safety, the number of fatalities and serious injuries is closer to 500. Those most at risk are children aged 1 to 3 years old, who have some mobility but are still unable to fully control their motor functions.

That window blinds and coverings with easily accessible drawstrings are a serious safety hazard is nothing new. In 2009, a joint effort by the Consumer Protection Safety Commission and window blind manufacturers ordered the recall of 50 million sets of blinds throughout the united States. As far as three decades earlier, a federal study tied the deaths of 41 children between 1973 and 1980 to blind and shade cord strangulation.

This legislation strengthens regulatory standards for the different types of blinds, shades and window coverings currently available to consumers. It also requires boarding homes, group homes, child day care centers, authorized agencies and public institutions for children, in the home of regular maintenance and renovation, to replace their blinds with safe alternatives or modify them with safety mechanisms.

While this proposal does not directly apply to family foster homes or child care facilities situated in an individual's residence, it is already within Office of Children and Family Services authority to regulate safety standards in those locations. Authorized "home finders" visit prospective parents and operators, perform safety assessments, provide training on taking proper care of children, and require modifications when necessary.

Building on the legacy of Maryland's Angel's Law, enacted in 2010 in response to the 2009 death of Angel Duane, a toddler who caught and strangled himself in corded window blinds after being left alone for 20 minutes, despite the fact that the cords were in the raised position. A similar effort is being made to address this issue in

Congress. In enacting this legislation, New York State would be sending a message that corded, roman and roll-up blinds can be a serious safety hazard, and deserve greater attention and analysis by parents, consumers, child care agencies, manufacturers and the government.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act will take effect October 1, 2013. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.