Establishes "Brendan's law"; requires cordless window coverings in child day care centers, public institutions for children and certain other facilities

BILL NUMBER:S7579

Title of bill

An act in relation to establishing Brendan's law; and 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

Section 1. This act shall be known and may be cited as "Brendan's Law".

Section 2. Adds a new section 390-i to the social services law to require that any agency boarding home, group home, child day care center, public institution for children, or any authorized agency not including a foster home, family day care center or group family day care center installing new or replacement window coverings on or after October 1, 2016 install cordless window coverings or window coverings with inaccessible operational and inner cords.

Section 3. Effective date.

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 requires boarding homes, group homes, child day care centers, authorized agencies and public institutions for children, in the course 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 "hornet-Hiders" 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

To be determined.

Effective date

This act shall take effect October 1, 2016.