What's happening
This bill defines "critical violations" for child care providers, establishes a self-reporting portal, and sets new procedures for sanctions, appeals, and penalties.
Why it matters
Creates clearer legal standards for child care safety. By defining "critical violations" (e.g., fatalities, serious injuries, lack of supervision, child abuse), the bill provides more precise criteria for when child care programs face the most serious consequences, which could make enforcement more consistent and transparent.
Increases accountability and transparency. The new self-reporting portal and mandatory incident notifications to parents/guardians ensure that both regulators and families are quickly informed about serious incidents, potentially improving trust in the child care system and allowing for faster responses to protect children.
Establishes structured, fairer procedures for discipline. By outlining corrective action plans, specific sanctions, and clear appeal and review processes, the bill aims to make regulatory actions more predictable for providers and ensure due process, potentially reducing arbitrary or uneven enforcement.
Raises the stakes for non-compliance. The bill increases the potential penalties (including fines up to $500/day and multi-year bans for critical violations), signaling to providers that serious safety breaches will have significant and lasting consequences—potentially improving safety but also increasing operational risk for providers.
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Who cares
Child Care Providers
Providers licensed or registered by the Office of Children and Family Services will be directly affected, as the bill introduces new definitions, reporting requirements, disciplinary procedures, and sanctions related to "critical violations."
Parents and Guardians
Families with children in licensed or registered child care settings will have increased information and notification rights about incidents involving their children, including fatalities, serious injuries, or other critical violations.
- Watching
Office of Children and Family Services (OCFS)
The agency will have expanded duties to define, monitor, investigate, and respond to critical violations, including creating an online reporting portal and handling appeals, corrective action plans, and hearings.
Children in Care
The bill is intended to strengthen protections for children in child care settings by clarifying what constitutes abuse, neglect, and critical violations, and by mandating more immediate and transparent responses to incidents.
Headline styles
Tougher Penalties for Child Care Violations
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to children and families
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Stricter Child Care Penalties
In Assembly Committee · Children And Families · Sponsor Andrew Hevesi
Full text
9 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1614
2025-2026 Regular Sessions
IN SENATE
January 13, 2025
Introduced by Sens. BRISPORT, CLEARE, RAMOS, ROLISON -- 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 defining critical violations by child care providers; establishing a portal for child care providers to self-report critical violations; clarifying certain sanctions, penalties, and other disciplinary actions taken by the office of children and family services against child care providers for critical violations; and specifying procedures for child care providers to appeal such sanctions, penalties, and disciplinary actions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 390 of the social services law is amended by adding four new paragraphs (h), (i), (j) and (k) to read as follows:
(h) (i) "Critical violation" shall mean:
(A) a fatality, near fatality, or serious physical or emotional injury of a child who is in the custody of or receiving services from a child care provider licensed or registered by the office of children and family services; or
(B) circumstances which result in a reasonable belief that a child care provider licensed or registered by the office of children and family services failed in its duty to protect a child and, as a result, the child was at imminent risk of, or suffered serious physical or emotional injury or death.
(ii) Examples of critical violations may include the failure to provide proper supervision of children or comply with health and safety regulations, inadequate staffing levels, and child abuse and maltreatment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00044-01-5
(i) "Serious physical or emotional injury" shall mean an injury which causes or creates a substantial risk of death, extreme physical pain, serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily member, organ, or mental faculty.
(j) "Abused child" shall mean a child, less than eighteen years of age, whose parent or other person legally responsible for such child's care:
(i) inflicts or allows to be inflicted upon such child serious physical or emotional injury by other than accidental means;
(ii) creates or allows to be created a substantial risk of serious physical or emotional injury to such child by other than accidental means;
(iii) commits, or allows to be committed, a sex offense, as defined in article one hundred thirty of the penal law, against such child;
(iv) permits or encourages such child to engage in any act described in article two hundred thirty of the penal law;
(v) commits any of the acts described in section 255.25 of the penal law; or
(vi) allows such child to engage in acts or conduct described in article two hundred sixty-three of the penal law; provided, however, that the corroboration requirements contained in the penal law and the age requirement for the application of article two hundred sixty-three of the penal law shall not apply to proceedings under article ten of the family court act.
(k) "Maltreated child" shall mean a child, less than eighteen years of age:
(i) whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of such child's parent or other person legally responsible for such child's care to exercise a minimum degree of care in:
(A) supplying such child with adequate food, clothing, shelter, or education pursuant to part one of article sixty-five of the education law; or medical, dental, optometrical, or surgical care, if such parent or other person legally responsible for such child's care is financially able to do so or offered financial or other reasonable means to do so; or
(B) providing such child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; misusing a drug or drugs; misusing alcoholic beverages to the extent that such parent or other person legally responsible for such child's care loses self-control of their actions; or any other acts of a similarly serious nature requiring the aid of the court; provided, however, that where such parent or other person legally responsible for such child's care is voluntarily and regularly participating in a rehabilitative program, evidence that such parent or other person legally responsible has repeatedly misused a drug or drugs or alcoholic beverages to the extent that such parent or other person legally responsible loses self-control of their actions shall not alone establish that the child is a neglected or maltreated child in the absence of evidence establishing that such child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired pursuant to this subparagraph;
(ii) who has been abandoned by such child's parent or other person legally responsible for such child's care; or
(iii) who has had serious physical or emotional injury inflicted upon such child by other than accidental means.
§ 2. Clause (C) of subparagraph (ii) of paragraph (d) of subdivision 2 of section 390 of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows:
(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] The office of children and family services shall inspect the home or program before terminating the registration or 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.
§ 3. Paragraph (b) of subdivision 3 of section 390 of the social services law, as amended by section 5 of part H of chapter 56 of the laws of 2019, is amended to read as follows:
(b) (i) Where inspections have been made and violations of applicable statutes or regulations have been found, the office of children and family services or its designee shall, within ten days, advise the child day care provider or enrolled legally-exempt provider in writing of the violations and require the provider to correct such violations as specified in a corrective action plan. [The office of children and family services may also act pursuant to subdivisions ten and eleven of this section.]
(ii) The corrective action plan shall:
(A) include a statement of observations of the violations;
(B) indicate which statutes or regulations the holder of a license or child care provider has violated;
(C) prescribe the method or methods of compliance with the statutes or regulations; and
(D) prescribe a reasonable time period for correction of the violations, depending on the nature of such violations and the time required for correction.
(iii) Where inspections have been made and critical violations of applicable statutes or regulations have been found, the office of children and family services or its designee [shall, within ten days, advise the enrolled legally-exempt provider] may, in [writing] a notice of sanction, impose one or more sanctions, which may include but shall not be limited to:
(A) ceasing the enrollment of new children;
(B) reducing the [violations] number of children that a program or component of a program is licensed to serve;
(C) hiring one or more consultants to provide technical assistance and/or training;
(D) hiring additional staff on a temporary or permanent basis;
(E) hiring a monitor selected by and [require] accountable to the [provider] office of children and family services; and
(F) restricting an administrator and/or staff person's access to [correct such violations] children.
§ 4. Section 390 of the social services law is amended by adding a new subdivision 3-a to read as follows:
3-a. (a) (i) Child care providers licensed or registered pursuant to subdivision two of this section shall notify the office of children and family services within forty-eight hours upon learning of an incident involving a critical violation.
(ii) The office of children and family services shall develop an online portal for licensed or registered child care providers to selfreport critical violations and receive information regarding next steps in the licensing, registration, investigation, or disciplinary process, including but not limited to:
(A) a list of violations of applicable statutes or regulations that constitute critical violations;
(B) possible sanctions or other actions that may be taken by the office of children and family services in response to reports of critical violations; and
(C) appropriate corrective actions that may be taken by the child care provider to come into compliance with applicable statutes or regulations and avoid further violations.
(b) Child care providers licensed or registered pursuant to subdivision two of this section shall notify the parent or guardian as soon as possible upon learning of the following events involving a child which occurred while such child was under the care of such child care provider at the program or facility or was being transported by such program:
(i) death;
(ii) serious incident;
(iii) serious injury;
(iv) serious condition;
(v) communicable disease;
(vi) transportation to a hospital; or
(vii) any other incident involving a critical violation.
§ 5. Subdivision 10 of section 390 of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows:
10. (a) Any home or facility providing child day care shall be operated in accordance with applicable statutes and regulations. Any critical violation of applicable statutes or regulations shall be a basis to deny, limit, suspend, revoke, or terminate a license or registration.
(b) Additional bases to deny, limit, suspend, revoke, or terminate a license or registration shall include a finding that the holder of such license or registration:
(i) failed to comply with any applicable statute or regulation, or any corrective action plan, notice of sanction, suspension, or terms of probation;
(ii) failed to pay a fine after either failing to appeal the assessment of a fine within the prescribed time or a hearing where assessment of a fine was upheld;
(iii) submitted any misleading or false statement or report required under applicable statutes or regulations;
(iv) refused to submit any report or make available any records required under applicable statutes or regulations;
(v) refused to admit, at a reasonable time, any employee of the office of children and family services authorized by the commissioner of such office to investigate or inspect a program or facility pursuant to paragraph (a) of subdivision three of this section; or
(vi) failed to obtain a license prior to opening a program or facility or changing the location of a program or facility.
(c) Consistent with articles twenty-three and twenty-three-A of the correction law, and guidelines referenced in subdivision two of section four hundred twenty-five of this article, if the office of children and family services is made aware of the existence of a criminal conviction or pending criminal charge concerning an operator of a family day care home, group family day care home, school-age child care program, or child day care center or concerning any assistant, employee or volunteer in such homes, programs or centers, or any persons age eighteen or over who reside in such homes, such conviction or charge may be a basis to deny, limit, suspend, revoke, reject, or terminate a license or registration.
(d) Before any license [issued] or registration is denied, limited, suspended, revoked, rejected, or terminated pursuant to [the provisions] paragraph (a), (b) or (c) of this [section is suspended or revoked, before registration pursuant to this section is suspended or terminated] subdivision, the office of children and family services shall conduct an investigation of any critical violations, including an inspection of the program or facility pursuant to paragraph (a) of subdivision three of this section.
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 defining crit- ical violations by child care providers; establishing a portal for child care providers to self-report critical violations; clarifying certain sanctions, penalties, and other disciplinary actions taken by the office of children and family services against child care providers for crit- ical violations; and specifying procedures for child care providers to appeal such sanctions, penalties, and disciplinary actions
Summary of provisions
Section one amends subdivision 1 of section 390 of the social services law by adding four new paragraphs to define the meaning of "critical violation", "serious physical or emotional injury", "abused child", and "maltreated child."
Section two amends clause (C) of subparagraph (ii) of paragraph (d) of subdivision 2 of section 390 of the social services law to clarify if the Office of Children and Family Services determines that a registra- tion should not be continued, they may terminate the registration. If the Office of Children and Family Services seeks to terminate the regis- tration, they shall inspect the home or program before terminating the registration. Where the home or program has failed to meet the require- ments of this section, the Office of Children and Family Services may reject any subsequent registration of a provider.
Read the full memo (1,275 words)
Section three amends paragraph (b) of subdivision 3 of section 390 of the social services law to require that where inspections have been made and violations of applicable statutes or regulations have been found, the Office of Children and Family Services or its designee shall, within ten days, advise the provider in writing of the violations and require the provider to correct such violations as specified in a corrective action plan.
Section four amends section 390 of the social services law by adding a new subdivision 3-a to require that providers notify the Office of Chil- dren and Family Services within forty-eight hours upon learning of an incident involving a critical violation. Additionally, the Office of Children and Family Services shall develop an online portal for provid- ers to self-report critical violations and receive information regarding next steps.
Section five amends subdivision 10 of section 390 of the social services law to require that any home or facility providing child day care be operated in accordance with applicable statutes and regulations. Any critical violation of applicable statutes or regulations shall be a basis to deny, limit, suspend, revoke, or terminate a license or regis- tration.
Section six amends subparagraphs (1), (iii) and (iv) of paragraph (a) of subdivision 11 of section 390 of the social services law to require that the Office of Children and Family Services establish civil penalties of no more than five hundred dollars per day to be assessed against child day care centers, school age child care programs, group family day care homes or family day care homes for critical violations of this section. In addition, the Office of Children and Family Services shall have the power to. assess civil penalties after a hearing is conducted in accord- ance with procedures established by regulations of the Office of Chil- dren and Family Services.
Section seven amends subparagraph (i) of paragraph (b) of subdivision 11 of section 390 of the social services law to provide that in assessing penalties, the Office of Children and Family Services may consider the completeness of any, rectification of critical violations made and the specific circumstances of such critical violations as mitigating factors.
Section eight amends subparagraph (i) of paragraph (c) of subdivision 11 of section 390 of the social services law to state that a provider shall avoid payment of a penalty imposed under this subdivision where the provider has rectified the condition which resulted in the imposition of the penalty within thirty days of notification of the existence of the critical violation of statute or regulation.
Section nine amends the opening paragraph of subparagraph (i) of para- graph (e) of subdivision 11 of section 390 of the social services law to require that the Office of Children and Family Services deny a new application for licensure or registration made by a provider whose license or registration was previously revoked or terminated based on a critical violation for a period of two years from the date that the revocation or termination of the license.
Section ten amends section 390 of the social services law by adding a new subdivision 11-a that allows for a provider to file a written request for administrative reconsideration within seven days of receipt of a corrective action plan with the Commissioner of the Office of Chil- dren and Family Services. Within fifteen business days after receipt, the Commissioner shall grant, deny, or otherwise act on such request.
Section eleven establishes the effective date of the bill.
Justification
This bill intends to ensure uniform licensing interpretation and enforcement across jurisdictions and break down barriers for child care providers to operate and expand.
New York State has one of the most complex child care licensing environ- ments in the country. Adding to this complexity, the enforcement of violations varies drastically across jurisdictions. Under the current system, there is little distinction between violations that may impact the health and safety of children and minor administrative compliance infractions. Without a provision for a warning system or a tiered response to infractions that aligns the outcomes with the severity of the violation, any New York violation can immediately trigger a notice of intent to revoke. License revocation, termination, or limitation is immediate, and the request for a hearing must be made in writing within 30 days and requires an administrative process with an Administrative Law Judge (AU), a settlement agreement, and frequently a monetary fine. Any request for a hearing to contest the suspension of a registration or license must be made within 10 days of the receipt of the suspension notice. The standard of review is whether the enforcement determination was "arbitrary and capricious." For providers without the resources to hire counsel and settle a minis- terial matter, it means the closure of the center and tremendous incon- venience and disruption for families and children. Employees in New York's child care system face many workforce challenges already and the harshness of New York's system creates a fearful, punitive, and unpro- ductive atmosphere and adds yet another impediment to hiring in a competitive environment. Further, this system of enforcing infractions creates a disincentive for child care providers to expand their program- ming or open new centers in New York at a time when the State wants to expand access to child care and early education.
This legislation also allows OCFS discretion to deploy its staff in a more prudent manner prioritizing and expend resources more judiciously on those infractions that are more serious and pose real health and safety risks. This legislation would improve the licensing infraction system in New York State by adopting best practices in other states such as Massachusetts. In Massachusetts, the state agency conducts investi- gations before revoking a license, and outcomes are aligned with the severity of the violation based on a three-tiered system. Massachusetts uses a portal for self-reporting that facilitates clear, consistent, and immediate reporting and allows for real-time next steps and corrective action as well as offers the option of technical assistance. Appeals can be made through an independent body (the MAssachusetts licensing agen- cy), whereas appeals in New York are considered by the same entity that issued the infraction.
Prior legislative history
2023-24: S7753
Fiscal implications for state and local governments
None
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.