Fingerprint Nursery School Workers

Section 1. Section 390 of the social services law, as added by chapter 750 of the laws of 1990, paragraphs (d) and (e) of subdivision 1, paragraph (a) and clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2, paragraph (b) of subdivision 3, paragraph (c) of subdivision 11 and paragraph (a) of subdivision 12 as amended and paragraph (e) of subdivision 11 as added by chapter 117 of the laws of 2010, subparagraphs (i) and (ii) of paragraph (d) of subdivision 2, paragraphs (a), (c) and (d) of subdivision 3, paragraph (a) of subdivision 4, subdivision 10, paragraphs (a) and (b) of subdivision 11 as amended, subdivision 2-a and paragraph (d) of subdivision 11 as added and paragraphs (e) and (f) of subdivision 3 as relettered by chapter 416 of the laws of 2000, paragraph (a) of subdivision 7 and subdivision 13 as amended by chapter 160 of the laws of 2003, paragraph (b) of subdivision 12 as added by chapter 319 of the laws of 2006, and as relettered by chapter 117 of the laws of 2010, and subdivision 8-a, as added by chapter 354 of the laws of 2009, is amended to read as follows:

§ 390. Child day care and nursery schools; license [or], registration or filing required. 1. Definitions. (a) (i) "Child day care" shall mean care for a child on a regular basis provided away from the child's residence for less than twenty-four hours per day by someone other than the parent, step-parent, guardian, or relative within the third degree of consanguinity of the parents or step-parents of such child.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04314-01-7

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(ii) Child day care shall not refer to care provided in:

(A) a day camp, as defined in the state sanitary code;

(B) an after-school program operated for the purpose of religious education, sports, or recreation;

(C) a facility:

(1) providing day services under an operating certificate issued by the [department] office;

(2) providing day treatment under an operating certificate issued by the office of mental health or office [of mental retardation and] for people with developmental disabilities; or

(D) a kindergarten, pre-kindergarten, [or nursery school for children three years of age or older,] or after-school program for children operated by a public school district or by a private school or academy which is providing elementary or secondary education or both, in accordance with the compulsory education requirements of the education law, provided that the kindergarten, pre-kindergarten, nursery school, or after school program is located on the premises or campus where the elementary or secondary education is provided.

(b) "Child day care provider" shall mean any individual, association, corporation, partnership, institution or agency whose activities include providing child day care or operating a home or facility where child day care is provided.

(c) "Child day care center" shall mean any program or facility caring for children for more than three hours per day per child in which child day care is provided by a child day care provider except those programs operating as a group family day care home as such term is defined in paragraph (d) of this subdivision, a family day care home, as such term is defined in paragraph (e) of this subdivision, and a school-age child care program, as such term is defined in paragraph (f) of this subdivision.

(d) "Group family day care home" shall mean a program caring for children for more than three hours per day per child in which child day care is provided in a family home for seven to twelve children of all ages, except for those programs operating as a family day care home, as such term is defined in paragraph (e) of this subdivision, which care for seven or eight children. A group family day care provider may provide child day care services to four additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session. There shall be one caregiver for every two children under two years of age in the group family home. A group family day care home must have at least one assistant to the operator present when child day care is being provided to seven or more children when none of the children are school age, or nine or more children when at least two of the children are school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session. This assistant shall be selected by the group family day care operator and shall meet the qualifications established for such position by the regulations of the office of children and family services.

(e) "Family day care home" shall mean a program caring for children for more than three hours per day per child in which child day care is provided in a family home for three to six children. There shall be one caregiver for every two children under two years of age in the family

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day care home. A family day care provider may, however, care for seven or eight children at any one time if no more than six of the children are less than school age and the school-aged children receive care primarily before or after the period such children are ordinarily in school, during school lunch periods, on school holidays, or during those periods of the year in which school is not in session in accordance with the regulations of the office of children and family services and the office inspects such home to determine whether the provider can care adequately for seven or eight children.

(f) "School age child care" shall mean a program caring for more than six school-aged children who are under thirteen years of age or who are incapable of caring for themselves. Such programs shall be in operation consistent with the local school calendar. School age child care programs shall offer care during the school year to an enrolled group of children at a permanent site before or after the period children enrolled in such program are ordinarily in school or during school lunch periods and may also provide such care on school holidays and those periods of the year in which school is not in session.

(g) "Nursery school" shall mean any program or facility operated by an individual, association, corporation, partnership, institution, or agency, not including the parent, stepparent, guardian, or relative within the third degree of consanguinity, which provides early care and/or education to three or more preschool children for three or less hours per day per child. More than one adult shall be available at all times when children are present at a nursery school program.

(h) "Preschool child" shall mean a child of five years of age or less.

(i) "Office" shall mean the office of children and family services.

2. (a) Child day care centers caring for seven or more children and group family day care programs, as defined in subdivision one of this section, shall obtain a license from the office of children and family services and shall operate in accordance with the terms of such license and the regulations of such office. Initial licenses shall be valid for a period of up to two years; subsequent licenses shall be valid for a period of up to four years so long as the provider remains substantially in compliance with applicable law and regulations during such period.

(b) Family day care homes, child day care centers caring for at least three but fewer than seven children, and school-age child care programs shall register with the [department] office and shall operate in compliance with the regulations of the [department] office.

(b-1) Nursery schools caring for at least three children shall file with the office and shall operate in compliance with the regulations of the office.

(c) Any child day care provider not required to obtain a license pursuant to paragraph (a) of this subdivision or to register with the [department] office pursuant to paragraph (b) of this subdivision may register with the [department] office.

(d) (i) The office [of children and family services] shall promulgate regulations for licensure and for registration of child day care and filing for nursery schools pursuant to this section. Procedures for obtaining a license or registration or renewing a license shall include a satisfactory inspection of the facility by the office [of children and family services] prior to issuance of the license or registration or renewal of the license.

(ii) (A) Initial registrations shall be valid for a period of up to two years, subsequent registrations shall be valid for a period of up to

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four years so long as the provider remains substantially in compliance with applicable law and regulations during such period.

(B) After initial registration by the child day care provider, the office [of children and family services] shall not accept any subsequent registration by such provider, unless:

(1) such provider has met the training requirements set forth in section three hundred ninety-a of this title;

(2) such provider has met the requirements of section three hundred ninety-b of this title relating to criminal history screening;

(3) such provider has complied with the requirements of section four hundred twenty-four-a of this article; and

(4) the office [of children and family services] has received no complaints about the home, center, or program alleging statutory or regulatory violations, or, having received such complaints, the office [of children and family services] has determined, after inspection pursuant to paragraph (a) of subdivision three of this section, that the home, center, or program is operated in compliance with applicable statutory and regulatory requirements.

(C) Where the office [of children and family services] has determined that a registration should not be continued because the requirements of clause (B) of this subparagraph have not been satisfied, the office [of children and family services] may terminate the registration. If the office [of children and family services] does not terminate the registration, the office [of children and family services] shall inspect the home or program before acknowledging any subsequent registration. Where the home or program has failed to meet the requirements of this section, the office [of children and family services] may reject any subsequent registration of a provider. Nothing herein shall prohibit the office [of children and family services] from terminating or suspending registration pursuant to subdivision ten of this section where the office [of children and family services] determines that termination or suspension is necessary.

(iv) Child day care providers who have been issued a license or nursery school operators who have filed with the office shall openly display such license or office verification of the filing in the facility or home for which the license or filing is issued. Child day care providers who have registered or filed with the [department] office shall provide proof of registration or filing upon request.

(e) Notwithstanding any other provision of this section, where a child is cared for by a parent, guardian or relative within the third degree of consanguinity of the parent of such child and such person simultaneously provides child day care for other children, only the other children shall be considered in determining whether such person must be registered, filed or licensed, provided that such person is not caring, in total, for more than eight children.

2-a. (a) The office [of children and family services] shall promulgate regulations which establish minimum quality program requirements for licensed and registered child day care homes, programs and facilities. Such requirements shall include but not be limited to (i) the need for age appropriate activities, materials and equipment to promote cognitive, educational, social, cultural, physical, emotional, language and recreational development of children in care in a safe, healthy and caring environment (ii) principles of childhood development (iii) appropriate staff/child ratios for family day care homes, group family day care homes, school age day care programs and day care centers, provided however that such staff/child ratios shall not be less stringent than

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applicable staff/child ratios as set forth in part four hundred fourteen, four hundred sixteen, four hundred seventeen or four hundred eighteen of title eighteen of the New York code of rules and regulations as of January first, two thousand (iv) appropriate levels of supervision of children in care (v) minimum standards for sanitation, health, infection control, nutrition, buildings and equipment, safety, security procedures, first aid, fire prevention, fire safety, evacuation plans and drills, prevention of child abuse and maltreatment, staff qualifications and training, record keeping, and child behavior management.