What's happening
This bill strengthens requirements for licensure, inspections, background checks, and training for child care providers in New York.
Why it matters
Expands oversight to “enrolled legally exempt providers,”. meaning caregivers who are not required to be licensed but receive public subsidies, ensuring these providers meet inspection and safety standards unless they are close relatives of the child.
Mandates comprehensive, multi-layered background checks. for all child care providers, employees, volunteers, and certain household members, including state and national criminal databases, sex offender registries, and child abuse registries. This increases barriers for individuals with violent or exploitative histories to work in child care.
Requires all child care programs and enrolled legally exempt providers to undergo annual inspections,. replacing the previous system where only a portion of providers were inspected each year. This aims to catch compliance issues more quickly and consistently.
Aligns New York’s standards with updated federal requirements,. particularly those from the federal Child Care and Development Block Grant, ensuring the state remains eligible for federal funding and that providers are trained on the latest health, safety, and child development best practices.
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Who cares
Office of Children and Family Services
The bill would require annual inspections of all child day care programs and nonexempt enrolled legally exempt providers, expanded background clearances and agency payment of criminal-history and sex-offender clearance processing fees.
Licensed and registered child care operators
The bill would allow initial licenses and registrations to last up to four years while requiring substantial compliance with applicable law and regulations.
Enrolled legally exempt child care providers
Providers serving subsidized families would face enrollment inspections and annual inspections, with exceptions for specified adult relatives caring for related children.
Child care employees, assistants and volunteers
Covered individuals would face criminal-history, sex-offender and child-abuse checks, with specified disqualifications and rights to challenge inaccurate criminal records.
Headline styles
Strengthen Child Care Standards
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to children and families
- Referred to children and families
Full text
13 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4326
2019-2020 Regular Sessions
IN SENATE
March 7, 2019
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to the licensure, registration and required inspections, background clearances and training for child care providers; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph (a) of subdivision 1 of section 390 of the social services law, as added by chapter 750 of the laws of 1990, is amended to read as follows:
(i) "Child day care" shall mean child care where a license or registration pursuant to this section is required and shall include 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: (1) the parent, step-parent, guardian, or relative within the third degree of consanguinity of the parents or step-parents of such child; or (2) an enrolled legally exempt provider as such term is defined in paragraph (g) of this subdivision.
§ 2. Subdivision 1 of section 390 of the social services law is amended by adding a new paragraph (g) to read as follows:
(g) "Enrolled legally exempt provider" shall mean a person who is a caregiver or entity that is not required to be licensed or registered pursuant to this section and that is enrolled to be a caregiver and provide subsidized child care services to eligible families in accordance with title five-C of this article and the regulations of the office of children and family services.
§ 3. Subdivision 2 of section 390 of the social services law is amended by adding a new paragraph (d-1) to read as follows:
(d-1) (i) The office of children and family services shall promulgate regulations for enrollment of enrolled legally exempt providers, which
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04776-05-9
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shall include the completion of a satisfactory inspection of the premises where care is to be provided, by the office of children and family services.
(ii) Provided however, such inspections shall not be required when the enrolled legally exempt provider is an individual, age eighteen or older, and who, by virtue of blood, marriage or court decree, is, to all of the children that such person is enrolled to provide subsidized child care services to in accordance with title five-C of this article:
(A) a grandparent;
(B) a great-grandparent;
(C) a sibling, provided that such sibling resides in a separate household from the child;
(D) an aunt; or
(E) an uncle.
§ 4. Paragraphs (a) and (b) of subdivision 3 of section 390 of the social services law, paragraph (a) as amended by chapter 416 of the laws of 2000, and paragraph (b) as amended by chapter 117 of the laws of 2010, are amended to read as follows:
(a) (i) The office of children and family services may make announced or unannounced inspections of the records and premises of any:
(1) child day care provider, whether or not such provider has a license from, or is registered with, the office of children and family services; and
(2) any existing enrolled legally exempt provider except when such provider is determined to be exempt in accordance with subparagraph (ii) of paragraph (d-1) of subdivision two of this section.
(ii) The office of children and family services shall make unannounced inspections of the records and premises of any child day care provider within fifteen days after the office of children and family services receives a complaint that, if true, would indicate such provider does not comply with the applicable regulations of the office of children and family services or with statutory requirements. If the complaint indicates that there may be imminent danger to the children, the office of children and family services shall investigate the complaint no later than the next day of operation of the provider. The office of children and family services may provide for inspections through the purchase of services.
(b) (i) Where inspections have been made and violations of applicable statutes or regulations have been found, the office of children and family services shall within ten days advise the child day care provider in writing of the violations and require the provider to correct such violations. The office of children and family services may also act pursuant to subdivisions ten and eleven of this section.
(ii) Where inspections have been made and violations of applicable statutes or regulations have been found, the office of children and family services or its designees shall, within ten days, advise the enrolled legally exempt provider in writing of the violations and require the provider to correct such violations.
§ 5. Paragraph (a) of subdivision 4 of section 390 of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows:
(a) The office of children and family services on an annual basis shall inspect [at least twenty percent of all registered family day care homes, registered child day care centers and registered school age child care programs to determine whether such homes, centers and programs are operating in compliance with applicable statutes and regulations. The
S. 4326 3
office of children and family services shall increase the percentage of family day care homes, child day care centers and school age child care programs which are inspected pursuant to this subdivision as follows: to at least thirty percent by the thirty-first of December two thousand; and to at least fifty percent by the thirty-first of December two thousand one] all child day care programs and all enrolled legally exempt providers except when such provider is determined to be exempt in accordance with subparagraph (ii) of paragraph (d-1) of subdivision two of this section. The office of children and family services may provide for such inspections through purchase of services. [Priority shall be given to family day care homes which have never been licensed or certified prior to initial registration.]
§ 6. Paragraph (a) of subdivision 2 of section 390 of the social services law, as amended by chapter 117 of the laws of 2010, is amended to read as follows:
(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;] and 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.
§ 7. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2 of section 390 of the social services law, as amended by chapter 117 of the laws of 2010, is amended to read as follows:
(A) Initial registrations [shall be valid for a period of up to two years,] and subsequent registrations 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.
§ 8. Subdivision 3 of section 390-a of the social services law, as added by chapter 416 of the laws of 2000, paragraph (b) as amended by chapter 552 of the laws of 2003, and subparagraph (ix) of paragraph (b) as amended by chapter 117 of the laws of 2010, is amended to read as follows:
3. (a) The office of children and family services shall promulgate regulations [requiring] setting forth the training requirements, including any federally required training, for operators, program directors, employees [and], assistants [of] and any volunteer who has the potential for regular and substantial contact with children and/or unsupervised contact with children in care, but only when such unsupervised contact involves caring for the child in their professional or official capacity and as a volunteer, in family day care homes, group family day care homes, school-age child care programs and child day care centers. Such individuals shall be required to receive thirty hours of training every two years; provided, however, [that fifteen] any individual or provider who is already in compliance with this subdivision, prior to the effective date of the chapter of the laws of two thousand nineteen that amended this subdivision, shall only be required to complete any additional federal training requirements which they have not already completed in order to be deemed in compliance with this subdivision. Fifteen hours of such training must be received within the first six months of the initial licensure, registration or employment. [Such training requirements shall also apply to any volunteer in such day care homes, programs or centers who has the potential for regular and substantial contact with children.] The thirty hours of training
S. 4326 4
required during the first biennial cycle after initial licensure or registration shall include training received while an application for licensure or registration pursuant to section three hundred ninety of this title is pending. The office of children and family services may provide this training through purchase of services.
(b) The training required in paragraph (a) of this subdivision shall address the following topics:
(i) principles of childhood development, focusing on the developmental stages of the age groups for which the program provides care;
(ii) nutrition and health needs of infants and children;
(iii) child day care program development;
(iv) safety and security procedures;
(v) business record maintenance and management;
(vi) child abuse and maltreatment identification and prevention;
(vii) statutes and regulations pertaining to child day care;
(viii) statutes and regulations pertaining to child abuse and maltreatment; and
(ix) for operators, program directors, employees and assistants of family day care homes, group family day care homes and child day care centers, education and information on the identification, diagnosis and prevention of shaken baby syndrome[.]; and
(x) any other topics necessary to meet federal training requirements.
(c) For the thirty hours of biennial training required after the initial period of licensure or registration, each provider who can demonstrate basic competency shall determine in which of the specified topics he or she needs further study, based on the provider's experience and the needs of the children in the provider's care.
(d) Family day care home and group family day care home operators shall obtain training pertaining to protection of the health and safety of children, as required by regulation, prior to the issuance of a license or registration by the office of children and family services.
(e) Upon request by the office of children and family services, the child day care applicant or provider shall submit documentation demonstrating compliance with the training requirements of this section.
§ 9. The section heading of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, is amended to read as follows:
Criminal history review and background clearances of child care providers, generally.
§ 10. Subdivisions 1, 2 and 3 of section 390-b of the social services law are REPEALED and three new subdivisions 1, 2 and 3 are added to read as follows:
1. Subject to implementing rules and regulations of the office of children and family services and, where applicable, the division of criminal justice services, the following background clearances shall be conducted expeditiously, but in any event, within the timeframes required by federal law, for entities specified in subdivision two of this section in the manner as required by this section:
(a) a criminal history record check with the division of criminal justice services;
(b) a search of the criminal history repository in each state other than New York where such person resides or resided during the preceding five years, if applicable, unless such state's criminal history record information will be provided as part of the results of the background clearance conducted pursuant to paragraph (c) of this subdivision;
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(c) a national criminal record check with the federal bureau of investigation; the division of criminal justice services is directed to submit fingerprints to the federal bureau of investigation for the purpose of a nationwide criminal history record check, pursuant to and consistent with public law 113-186 to determine whether such persons shall have a criminal history in any state or federal jurisdiction;
(d) a search of the New York state sex offender registry;
(e) a search of any state sex offender registry or repository in each state other than New York where such person resides or resided during the preceding five years, if applicable, unless such state's sex offender registry information will be provided as part of the clearance conducted pursuant to paragraph (f) of this subdivision;
(f) a search of the national sex offender registry using the national crime and information center, established under the Adam Walsh child protection and safety act of 2006 (42 U.S.C. 16901 et seq.);
(g) a database check of the statewide central register of child abuse and maltreatment in accordance with section four hundred twenty-four-a of this article; and
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to the licensure, registration and required inspections, background clearances and training for child care providers; and to repeal certain provisions of such law relating thereto
Purpose
TO enact various provisions of law necessary for compliance with the federal Child Care and Development Block Grant Act (CCDBG) of 2014 in providers.'
Summary of provisions
Sections 1 and 2 of the bill would add a new definition for "enrolled legally-exempt program" to section 390 of Social Services Law.
Read the full memo (678 words)
Section 3 of the bill would require the Office of Children and Family Services (OCFS) to promulgate regulations, in consultation with child care resource and referral agencies, relating to inspections for the enrollment of legally-exempt programs.
Section 4 of the bill would authorize OCFS to make announced and unan- nounced inspection of enrolled legally-exempt programs.
Section 5 of the bill would require OCFS to inspect all child day care programs and enrolled legally exempt providers on an annual basis.
Sections 6 and 7 of the bill would require that initial licenses and registrations to operate child day care programs be valid for up to fOur years in line with the amount of time subsequent licenses and registra- tions are valid.
Section 8 of the bill would rewire OCFS to promulgate rules setting forth training requirements, within certain parameters and including new 'federal CCDBG training requirements, for licensed and registered child day care programs.
Sections 9 and 10 of the bill would-amend and expand current background requirements for child care programs and enrolled legally exempt programs to conform with new provisions required, pursuant to the feder- al reauthorization of the CCDBG.
Section 11 of the bill would prohibit, when OCFS is notifying a child day care program or enrolled legally-exempt program of the results of a national criminal record check performed by the FBI, from providing information relating to specific crimes without consent of person for which such record check was performed, and require OCFS to only provide the category of the 7 - crime or crimes.
Section 12 of the bill would create a hearing process for the expanded population of individuals who are required to receive a background clearance pursuant to the federal reauthorization of the CCDBG.
Section 13 of the bill would require OCFS to pay the Processing fees associated with the New York and national background clearances. Also,
comply with the requirements of any federal laws and regulations Pertaining to the federal reauthorization of the CCDBG.
Section 14 of the bill would authorize the appropriate legal authority in another state which licenses, certifies or otherwise approves prop- pective child care programs to access information contained as part of the New York statewide central register of child abuse and maltreatment (SCR) as required by CCDBG.
Sections 15 and 16 of the bill would make cOnforming changes to require all child daycare prOgrame and enrolled legally exempt programs'to ò check the SCR for the individuals required to receive such check Pursu- ant to this act.
Section 17 of this bill would require that all costs associated with activities contained in this act that are related to the implementation of the federal reauthorization of the CCDBG shall be funded within the $80 million dollars allocated for such purPose Pursuant to chapter 53 of the laws of 2018.
Section 18 of this bill is the severability clause.
Section 19 of the bill would require this act to take effect on April 1, 2019 and for OCFS to promulgate any rules or regulations necessary to implement of this act on its effective date.
Justification
This legislation is required pursuant to the 2014 CCDBG re-authorization enacted by the federal government.
Fiscal implications for state and local governments
Significant costs to the State fOr which funding was appropriated in the State Fiscal Year budget 2018-2019-
Effective date
This act shall take effect on April 1, 2019; provided that OCFS is authorized to promulgate any rules of regulations necessary for the implementation of this act on its effective date
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.