What's happening
This bill removes the requirement that staff/child ratios in day care programs be no less stringent than 2000 regulations.
Why it matters
Potential for More Flexible Staffing. By removing the requirement that staff/child ratios be at least as stringent as those in place in 2000, this bill could allow day care providers and regulators to adjust ratios to better reflect current needs, research, or workforce realities. This could lead to either less restrictive or more adaptable staffing models.
Impact on Child Safety and Quality. Changes to staff/child ratios can directly affect the level of supervision and care children receive. Less stringent ratios might ease staffing pressures but could also raise concerns about safety, quality of care, and early childhood development outcomes.
Regulatory and Economic Implications. The change gives the Office of Children and Family Services more discretion in setting ratios, potentially streamlining regulatory updates and reducing compliance costs for providers. However, it may also shift more responsibility onto state agencies to balance cost savings with maintaining adequate standards.
Effect on Access and Affordability. If providers are allowed to care for more children per staff member, operational costs might decrease, possibly improving access or reducing fees for families. Conversely, it could strain staff and affect job quality or satisfaction among child care workers.
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Who cares
Headline styles
Change Day Care Ratios
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- Substituted by A612
- Ordered to third reading cal.1794
- Committee discharged and committed to rules
- 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.
Change Day Care Ratios
Signed by Governor · Sponsor Andrew Hevesi
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
278
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. SKOUFIS -- 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 appropriate staff/child ratios for family day care homes, group family day care homes, school age day care programs and day care centers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 2-a of section 390 of the social services law, as added by chapter 416 of the laws of 2000, is amended to read as follows:
(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 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00928-01-5
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 appropriate staff/child ratios for family day care homes, group family day care homes, school age day care programs and day care centers
Purpose
To provide quality standards for child care programs in order to enhance the overall quality of care provided to children in licensed and regis- tered child day care homes and facilities.
Summary of provisions
Section 1: Amends Paragraph (a) of subdivision 2-a of section 390 of the social services law, as added by chapter 416 of the laws of 2000.
Section 2: Sets effective date.
Justification
In the aftermath of the COVID-19 pandemic, New York State has witnessed the closure of numerous daycare facilities, yet the demand for childcare services has not diminished. This has resulted in a significant shortage of available slots for parents seeking care. To address this issue, the proposed bill seeks to empower the Office of Children and Family Services (OCFS) to implement uniform standards of conduct across the state's childcare settings. By addressing staff-to child ratios and establishing clear qualifications and training standards, this legis- lation ensures the provision of high-quality childcare.
Disparities between New York City's and New York State's regulations extend beyond the staff-to-child ratios and maximum group sizes. For instance, Article 47 of the New York City Health Code defines a "toddler" as a child between 12 and 24 months of age (S47.01) and mandates a staff-to-child ratio of 1:5 with a maximum group size of 10 (§ 47.23). In contrast, the New York City ratio for children ages two to under three is 1:6, with a maximum group size of 12 (§ 47.23). Conversely, New York State regulations define "toddler" as a child aged 18 to 36 months (18 NYCRR § 413.2), with a staff-to-child ratio of 1:5 and a maximum group size of 12 (18 NYCRR § 418-1.8).
Under the current state regulations, the 1:5 ratio with a maximum group size of 12 proves financially unfeasible for providers outside New York City to accommodate more than 10 children in a group. The existing ratio requires an additional staff member for a group of 12 children, which incurs higher costs than admitting two extra children. Aligning the state's regulations with New York City's ratios would address this financial discrepancy while maintaining essential child safety stand- ards.
Social Services Law (SSL) directs OCFS to establish appropriate staff to-child ratios for childcare programs, with the provision that these ratios must be no less stringent than those in effect on January 1, 2000 (SSL § 390(2-a)(a)(iii)). However, the ratios and group sizes have
remained unchanged since 2000, except for the addition of a standard for infants aged birth to 6 weeks, which did not exist in 2000.
This legislation is necessary to allow OCFS to amend the New York Codes, Rules, and Regulations (NYCRR) concerning child-to-staff ratios, ensur- ing that the 1:5 ratio for toddler classrooms is adjusted to allow for the safe and financially feasible admission of the maximum number of children.
Legislative history
Senate
2023: N/A
2024: S8426, Passed Senate
Assembly
2023: N/A
2024: A9529, Reported Referred to Rules
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.