N.Y. Social Services Law § 390: Child day care; license or registration required

§ 390. Child day care; license or registration required. 1.

Definitions. (a) (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.

(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;

(2) providing day treatment under an operating certificate issued by

the office of mental health or the office 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. Provided however, a

kindergarten or a pre-kindergarten operated by a public school district

shall not be considered a child day care if the kindergarten or

pre-kindergarten is not 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

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) "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.

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 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.

* NB Effective until June 5, 2027

* (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 and subsequent

licenses shall be valid for a period of up to six years so long as the

provider remains substantially in compliance with applicable law and

regulations during such period.

* NB Effective June 5, 2027

(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 and shall operate in compliance with

the regulations of the department.

(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 pursuant to paragraph (b) of this subdivision may register

with the department.

(d) (i) The office of children and family services shall promulgate

regulations for licensure and for registration of child day care

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 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.

* NB Effective until June 5, 2027

* (A) Initial registrations and subsequent registrations shall be

valid for a period of up to six years so long as the provider remains

substantially in compliance with applicable law and regulations during

such period.

* NB Effective June 5, 2027

(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 shall

openly display such license in the facility or home for which the

license is issued. Child day care providers who have registered with the

department shall provide proof of registration upon request.

(d-1) (i) The office of children and family services shall promulgate

regulations for inspections of enrolled legally exempt providers, which

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, unless a complaint is made in or as otherwise

authorized 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.

(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 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 (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.

(b) The use of electronic monitors as a sole means of supervision of

children in day care shall be prohibited, except that electronic

monitors may be used in family day care homes and group family day care

homes as an indirect means of supervision where the parents of any child

to be supervised have agreed in advance to the use of such monitors as

an indirect means of supervision and the use of such monitors is

restricted to situations where the children so supervised are sleeping.

(c) No child less than six weeks of age may be cared for by a licensed

or registered day care provider, except in extenuating circumstances

where prior approval for care of such children has been given by the

office of children and family services. Extenuating circumstances for

the purposes of this section shall include but not be limited to the

medical or health needs of the parent or child, or the economic hardship

of the parent.

3. (a) The office of children and family services may make announced

or unannounced inspections of the records and premises of any child care

provider, whether or not such provider has a license from, or is

registered with, the office of children and family services. 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 designee shall, within ten days, advise the

enrolled legally-exempt provider in writing of the violations and

require the provider to correct such violations.

(c) (i) The office of children and family services shall establish a

toll-free statewide telephone number to receive inquiries about child

day care homes, programs and facilities and complaints of violations of

the requirements of this section or regulations promulgated under this

section. The office of children and family services shall develop a

system for investigation, which shall include inspection, of such

complaints. The office of children and family services may provide for

such investigations through purchase of services. The office of children

and family services shall develop a process for publicizing such

toll-free telephone number to the public for making inquiries or

complaints about child day care homes, programs or facilities.

(ii) Information to be maintained and available to the public through

such toll-free telephone number shall include, but not be limited to:

(A) current license and registration status of child day care homes,

programs and facilities including whether a license or registration is

in effect or has been revoked or suspended; and

(B) child care resource and referral programs providing services

pursuant to title five-B of this article and other resources known to

the office of children and family services which relate to child day

care homes, programs and facilities in the state.

(iii) Upon written request identifying a particular child day care

home, program or facility, the office of children and family services

shall provide the information set forth below. The office of children

and family services may charge reasonable fees for copies of documents

provided, consistent with the provisions of article six of the public

officers law. The information available pursuant to this clause shall

be:

(A) the results of the most recent inspection for licensure or

registration and any subsequent inspections by the office of children

and family services;

(B) complaints filed against child day care homes, programs or

facilities which describes the nature of the complaint and states how

the complaint was resolved, including the status of the office of

children and family services investigation, the steps taken to rectify

the complaint, and the penalty, if any, imposed; and

(C) child day care homes, programs or facilities which have requested

or received a waiver from any applicable rule or regulation, and the

regulatory requirement which was waived.

(iv) Nothing in this paragraph shall be construed to require or permit

the disclosure either orally or in writing of any information that is

confidential pursuant to law.

(d) Where investigation or inspection reveals that a child day care

provider which must be licensed or registered is not, the office of

children and family services shall advise the child day care provider in

writing that the provider is in violation of the licensing or

registration requirements and shall take such further action as is

necessary to cause the provider to comply with the law, including

directing an unlicensed or unregistered provider to cease operation. In

addition, the office of children and family services shall require the

provider to notify the parents or guardians of children receiving care

from the provider that the provider is in violation of the licensing or

registration requirements and shall require the provider to notify the

office of children and family services that the provider has done so.

Any provider who is directed to cease operations pursuant to this

paragraph shall be entitled to a hearing before the office of children

and family services. If the provider requests a hearing to contest the

directive to cease operations, such hearing must be scheduled to

commence as soon as possible but in no event later than thirty days

after the receipt of the request by the office of children and family

services. The provider may not operate the center, home or program after

being directed to cease operations, regardless of whether a hearing is

requested. If the provider does not cease operations, the office of

children and family services may impose a civil penalty pursuant to

subdivision eleven of this section, seek an injunction pursuant to

section three hundred ninety-one of this title, or both.

(e) (i) Where an authorized agency is subsidizing child day care

pursuant to any provision of this chapter, the authorized agency may

submit to the department justification for a need to impose additional

requirements upon child day care providers and a plan to monitor

compliance with such additional requirements. No such additional

requirements or monitoring may be imposed without the written approval

of the department.

(ii) An authorized agency may refuse to allow a child day care

provider who is not in compliance with this section and regulations

issued hereunder or any approved additional requirements of the

authorized agency to provide child day care to the child. In accordance

with the plan approved by the department, an authorized agency shall

have the right to make announced or unannounced inspections of the

records and premises of any provider who provides care for such

children, including the right to make inspections prior to subsidized

children receiving care in a home where the inspection is for the

purpose of determining whether the child day care provider is in

compliance with applicable law and regulations and any additional

requirements imposed upon such provider by the authorized agency. Where

an authorized agency makes such inspections, the authorized agency shall

notify the department immediately of any violations of this section or

regulations promulgated hereunder, and shall provide the department with

an inspection report whether or not violations were found, documenting

the results of such inspection.

(iii) Nothing contained in this paragraph shall diminish the authority

of the department to conduct inspections or provide for inspections

through purchase of services as otherwise provided for in this section.

Nothing contained in this paragraph shall obligate the department to

take any action to enforce any additional requirements imposed on child

day care providers by an authorized agency.

(f) Individual local social services districts may alter their

participation in activities related to arranging for, subsidizing,

delivering and monitoring the provision of subsidized child day care

provided, however, that the total participation of an individual

district in all activities related to the provision of subsidized child

day care shall be no less than the participation level engaged in by

such individual district on the effective date of this section.

4. (a) The office of children and family services on an annual basis

shall inspect 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-one) of

subdivision two of this section. The office of children and family

services may provide for such inspections through purchase of services.

(b) Any family day care home or school-age child care program

licensed, registered, or certified by the department or by any

authorized agency on the effective date of this section shall be deemed

registered until the expiration of its then-current license or

certificate unless such license or certificate is suspended or revoked

pursuant to subdivision ten of this section. Family day care homes and

school-age child care programs not licensed, registered, or certified on

the effective date of this section shall register pursuant to

subdivision two of this section.

5. Child day care providers required to have a license from the

department or to be registered with the department pursuant to this

section shall not be exempt from such requirement through registration

with another state agency, or certification, registration, or licensure

by any local governmental agency or any authorized agency.

5-a. The office of children and family services shall provide, upon

request, all applications and forms necessary to become a licensed or

registered child day care provider in English, French, Polish, or any of

the ten most common non-English languages spoken by individuals with

limited-English proficiency in the state of New York, based on United

States census data.

6. Unless otherwise limited by law, a parent with legal custody or a

legal guardian of any child in a child day care program shall have

unlimited and on demand access to such child or ward. Such parent or

guardian unless otherwise limited by law, also shall have the right to

inspect on demand during its hours of operation any area of a child day

care center, group family day care home, school-age child care program,

or family day care home to which the child or ward of such parent or

guardian has access or which could present a hazard to the health and

safety of the child or ward.

7. (a) The department shall implement on a statewide basis programs to

educate parents and other potential consumers of child day care programs

about their selection and use. The department may provide for such

implementation through the purchase of services. Such education shall

include, but not be limited to, the following topics:

(i) types of child day care programs;

(ii) factors to be considered in selecting and evaluating child day

care programs;

(iii) regulations of the department governing the operation of

different types of programs;

(iv) rights of parents or guardians in relation to access to children

and inspection of child day care programs;

(v) information concerning the availability of child day care

subsidies;

(vi) information about licensing and registration requirements;

(vii) prevention of child abuse and maltreatment in child day care

programs, including screening of child day care providers and employees;

(viii) tax information; and

(ix) factors to be considered in selecting and evaluating child day

care programs when a child needs administration of medications during

the time enrolled.

(b) The department shall implement a statewide campaign to educate the

public as to the legal requirements for registration of family day care

and school-age child care, and the benefits of such registration. The

department may provide for such implementation through the purchase of

services. The campaign shall:

(i) use various types of media;

(ii) include the development of public educational materials for

families, family day care providers, employers and community agencies;

(iii) explain the role and functions of child care resource and

referral programs, as such term is used in title five-B of this article;

(iv) explain the role and functions of the department in regard to

registered programs; and

(v) publicize the department's toll-free telephone number for making

complaints of violations of child day care requirements related to

programs which are required to be licensed or registered.

(c) The office of children and family services shall implement a

statewide campaign to educate parents and other consumers of child day

care programs about adverse childhood experiences, the importance of

protective factors, and the availability of services for children at

risk for or experiencing adverse childhood experiences as defined in

paragraph (c) of subdivision one of section twenty-d of this chapter.

Such statewide campaign, shall include but is not limited to, providing

all licensed, registered and enrolled child care providers with

educational materials developed pursuant to subdivision two of section

three hundred seventy-c of this chapter. The educational materials may

be made available electronically and shall be offered to parents and

other consumers at the time of enrollment.

8. The department shall establish and maintain a list of all current

registered and licensed child day care programs and a list of all

programs whose license or registration has been revoked, rejected,

terminated, or suspended. Such information shall be available to the

public, pursuant to procedures developed by the department.

8-a. The office of children and family services shall not make

available to the public online any group family day care home provider's

or family day care provider's home street address or map showing the

location of such provider's home where such provider has requested to

opt out of the online availability of this information. The office shall

provide a written form informing a provider of their right to opt out of

providing information online, and shall also permit a provider to

request to opt out through the office's website.

9. The department shall make available, directly or through purchase

of services, to registered child day care providers information

concerning:

(a) liability insurance;

(b) start-up grants;

(c) United States department of agriculture food programs;

(d) subsidies available for child day care;

(e) tax information; and

(f) support services required to be provided by child care resource

and referral programs as set forth in subdivision three of section four

hundred ten-r of this article.

10. Any home or facility providing child day care shall be operated in

accordance with applicable statutes and regulations. Any violation of

applicable statutes or regulations shall be a basis to deny, limit,

suspend, revoke, or terminate a license or registration. 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. Before any license issued pursuant to the provisions of

this section is suspended or revoked, before registration pursuant to

this section is suspended or terminated, or when an application for such

license is denied or registration rejected, the applicant for or holder

of such registration or license is entitled, pursuant to section

twenty-two of this chapter and the regulations of the office of children

and family services, to a hearing before the office of children and

family services. However, a license or registration shall be temporarily

suspended or limited without a hearing upon written notice to the

operator of the facility following a finding that the public health, or

an individual's safety or welfare, are in imminent danger. The holder of

a license or registrant is entitled to a hearing before the office of

children and family services to contest the temporary suspension or

limitation. If the holder of a license or registrant requests a hearing

to contest the temporary suspension or limitation, such hearing must be

scheduled to commence as soon as possible but in no event later than

thirty days after the receipt of the request by the office of children

and family services. Suspension shall continue until the condition

requiring suspension or limitation is corrected or until a hearing

decision has been issued. If the office of children and family services

determines after a hearing that the temporary suspension or limitation

was proper, such suspension or limitation shall be extended until the

condition requiring suspension or limitation has been corrected or until

the license or registration has been revoked.

11. (a) (i) The office of children and family services shall adopt

regulations establishing 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 violations of this section, sections three hundred ninety-a

and three hundred ninety-b of this title and any regulations promulgated

thereunder. The regulations establishing civil penalties shall specify

the violations subject to penalty.

(ii) The office of children and family services shall adopt

regulations establishing civil penalties of no more than five hundred

dollars per day to be assessed against child day care providers who

operate child day care centers or group family day care homes without a

license or who operate family day care homes, school-age child care

programs, or child day care centers required to be registered without

obtaining such registration.

(iii) In addition to any other civil or criminal penalty provided by

law, the office of children and family services shall have the power to

assess civil penalties in accordance with its regulations adopted

pursuant to this subdivision after a hearing conducted in accordance

with procedures established by regulations of the office of children and

family services. Such procedures shall require that notice of the time

and place of the hearing, together with a statement of charges of

violations, shall be served in person or by certified mail addressed to

the school age child care program, group family day care home, family

day care home, or child day care center at least thirty days prior to

the date of the hearing. The statement of charges shall set forth the

existence of the violation or violations, the amount of penalty for

which the program may become liable, the steps which must be taken to

rectify the violation, and where applicable, a statement that a penalty

may be imposed regardless of rectification. A written answer to the

charges of violations shall be filed with the office of children and

family services not less than ten days prior to the date of hearing with

respect to each of the charges and shall include all material and

relevant matters which, if not disclosed in the answer, would not likely

be known to the office of children and family services.

(iv) The hearing shall be held by the commissioner of the office of

children and family services or the commissioner's designee. The burden

of proof at such hearing shall be on the office of children and family

services to show that the charges are supported by a preponderance of

the evidence. The commissioner of the office of children and family

services or the commissioner's designee, in his or her discretion, may

allow the child day care center operator or provider to attempt to prove

by a preponderance of the evidence any matter not included in the

answer. Where the child day care provider satisfactorily demonstrates

that it has rectified the violations in accordance with the requirements

of paragraph (c) of this subdivision, no penalty shall be imposed except

as provided in paragraph (c) of this subdivision.

(b)(i) In assessing penalties pursuant to this subdivision, the office

of children and family services may consider the completeness of any

rectification made and the specific circumstances of such violations as

mitigating factors.

(ii) Upon the request of the office of children and family services,

the attorney general shall commence an action in any court of competent

jurisdiction against any child day care program subject to the

provisions of this subdivision and against any person, entity or

corporation operating such center or school age child care program,

group family day care home or family day care home for the recovery of

any penalty assessed by the office of children and family services in

accordance with the provisions of this subdivision.

(iii) Any such penalty assessed by the office of children and family

services may be released or compromised by the office of children and

family services before the matter has been referred to the attorney

general; when such matter has been referred to the attorney general,

such penalty may be released or compromised and any action commenced to

recover the same may be settled and discontinued by the attorney general

with the consent of the office of children and family services.

(c)(i) Except as provided for in this paragraph, a child day care

provider shall avoid payment of a penalty imposed pursuant to 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 violation of statute or regulation.

(ii) Clause (i) of this paragraph notwithstanding, rectification shall

not preclude the imposition of a penalty pursuant to this subdivision

where:

(A) the child day care provider has operated a child day care center

or group family day care home without a license, has refused to seek a

license for the operation of such a center or home, or has continued to

operate such a center or home after denial of a license application,

revocation of an existing license or suspension of an existing license;

(B) the child day care provider has operated a family day care home,

school-age child care program or child day care center required to be

registered without being registered, has refused to seek registration

for the operation of such home, program or center or has continued to

operate such a home, program or center after denial of a registration

application, revocation of an existing registration or suspension of an

existing registration;

(C) there has been a total or substantial failure of the facility's

fire detection or prevention systems or emergency evacuation procedures;

(D) the child day care provider or an assistant, employee or volunteer

has failed to provide adequate and competent supervision;

(E) the child day care provider or an assistant, employee or volunteer

has failed to provide adequate sanitation;

(F) the child day care provider or an assistant, employee, volunteer

or, for a family day care home or group family day care home, a member

of the provider's household, has injured a child in care, unreasonably

failed to obtain medical attention for a child in care requiring such

attention, used corporal punishment against a child in care or abused or

maltreated a child in care;

(G) the child day care provider has violated the same statutory or

regulatory standard more than once within a six month period;

(H) the child day care provider or an assistant, employee or volunteer

has failed to make a report of suspected child abuse or maltreatment

when required to do so pursuant to section four hundred thirteen of this

article; or

(I) the child day care provider or an assistant, employee or volunteer

has submitted to the office of children and family services a forged

document as defined in section 170.00 of the penal law.

(d) Any civil penalty received by the office of children and family

services pursuant to this subdivision shall be deposited to the credit

of the "quality child care and protection fund" established pursuant to

section ninety-seven-www of the state finance law.

(e)(i) The office of children and family services shall deny a new

application for licensure or registration made by a day care provider

whose license or registration was previously revoked or terminated based

on a violation of statute or regulation for a period of two years from

the date that the revocation or termination of the license or

registration became finally effective, unless such office determines, in

its discretion, that approval of the application will not in any way

jeopardize the health, safety or welfare of children in the center,

program or home. For the purposes of this paragraph, the date that the

revocation or termination became finally effective shall be, as

applicable:

(A) the date that the revocation or termination became effective based

on the notice of revocation or termination;

(B) the date that the hearing decision was issued upholding the

revocation or termination;

(C) the date of issuance of a final court order affirming the

revocation or termination or affirming a hearing decision that upheld

the revocation or termination; or

(D) another date mutually agreed upon by the office of children and

family services and the provider.

(ii)(A) Such office shall deny a new application for licensure or

registration made by a day care provider who is enjoined or otherwise

prohibited by a court order from operation of a day care center, group

family day care home, family day care home or school-age child care

program without a license or registration for a period of two years from

the date of the court order unless the court order specifically enjoins

the provider from providing day care for a period longer than two years,

in which case the office shall deny any new application made by the

provider while the provider is so enjoined.

(B) Such office shall deny a new application for licensure or

registration made by a day care provider who is assessed a second civil

penalty by such office for having operated a day care center, group

family day care home, family day care home or school-age child care

program without a license or registration for a period of two years from

the date of the second fine. For the purposes of this paragraph, the

date of the second fine shall be either the date upon which the day care

provider signs a stipulation agreement to pay the second fine or the

date upon which a hearing decision is issued affirming the determination

of such office to impose the second fine, as applicable.

(iii) A day care provider who surrenders the provider's license or

registration while such office is engaged in enforcement seeking

suspension, revocation or termination of such provider's license or

registration pursuant to the regulations of such office, shall be deemed

to have had their license or registration revoked or terminated and

shall be subject to the prohibitions against licensing or registration

pursuant to subparagraph (i) of this paragraph for a period of two years

from the date of surrender of the license or registration.

12. (a) Notwithstanding any other provision of law, except as may be

required as a condition of licensure or registration by regulations

promulgated pursuant to this section, no village, town (outside the area

of any incorporated village), city or county shall adopt or enact any

law, ordinance, rule or regulation which would impose, mandate or

otherwise enforce standards for sanitation, health, fire safety or

building construction on a one or two family dwelling or multiple

dwelling used to provide group family day care or family day care than

would be applicable were such child day care not provided on the

premises. No village, town (outside the area of any incorporated

village), city or county shall prohibit or restrict use of a one or two

family dwelling, or multiple dwelling for family or group family day

care where a license or registration for such use has been issued in

accordance with regulations issued pursuant to this section. Nothing in

this paragraph shall preclude local authorities with enforcement

jurisdiction of the applicable sanitation, health, fire safety or

building construction code from making appropriate inspections to assure

compliance with such standards.

(b) Notwithstanding any other provision of law, but pursuant to

section five hundred eighty-one-b of the real property tax law, no

assessing unit, as defined in subdivision one of section one hundred two

of the real property tax law, in the assessment of the value of any

parcel used for residential purposes and registered as a family day care

home pursuant to this section, shall consider the use or registration of

such parcel as a family day care home.

13. Notwithstanding any other provision of law, this section, except

for subdivision fifteen of this section, shall not apply to child day

care centers in the city of New York.

14. The office of children and family services, in conjunction with

the department of health, shall be required to annually distribute

informational materials related to the occurrence, transmission, birth

defects, methods of diagnosis and preventive measures of Cytomegalovirus

established pursuant to subdivision six of section two hundred sixty-six

of the public health law to every licensed, registered or enrolled child

care provider and their staff.

15. (a) Each child day care provider, enrolled legally-exempt

provider, enrolled legally-exempt group provider, and child care program

permitted under the New York City health code shall establish written

procedures that identify the actions the provider or program shall take

if the provider or program becomes aware that the parent or guardian

shall be unavailable to retrieve the child at the conclusion of the

child care program hours or the child is not picked up as scheduled, and

such child is in need of an alternate plan for pickup for any reason,

including that the parent or guardian has been detained by federal

immigration authorities.

(b) Such procedures shall be established and implemented no later than

ninety days after the effective date of this subdivision, and shall be

provided to families upon implementation, admission, and revision.

(c) Such procedures shall include, at a minimum, that the provider

shall not contact the statewide central register for child abuse and

maltreatment unless the provider has made reasonable efforts to contact

all known individuals authorized by the parent or guardian to retrieve

the child, and that the provider shall retain the child on the premises

until such child is picked up by an individual authorized by the parent

or guardian or by law.