N.Y. Social Services Law § 390-a: Standards and training for child day care

§ 390-a. Standards and training for child day care. 1. All office of

children and family services and municipal staff employed to accept

registrations, issue licenses or conduct inspections of child day care

homes, programs or facilities, subject to the amounts appropriated

therefor, shall receive: (a) training in at least the following:

regulations promulgated by the office of children and family services

pursuant to section three hundred ninety of this title; child abuse

prevention and identification; safety and security procedures in child

day care settings; the principles of childhood development, and the

laws, regulations and procedures governing the protection of children

from abuse or maltreatment; and (b) guidance on identification of

circumstances that may indicate the presence of controlled substances

and referrals to law enforcement.

2. No license or registration shall be issued to a family day care

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

day care center and no such registration or license shall be renewed

until it can be demonstrated by the employer or licensing agency that

there is a procedure developed and implemented, in accordance with

section three hundred ninety-b of this title and pursuant to regulations

of the office of children and family services, to:

(a) review and evaluate the backgrounds of and information supplied by

any person applying to be a child day care center or school-age child

care program employee or volunteer or group family day care assistant, a

provider of family day care or group family day care, or a director of a

child day care center, head start day care center or school-age child

care program. Such procedures shall include but not be limited to the

following requirements: that the applicant set forth his or her

employment history, provide personal and employment references; submit

such information as is required for screening with the statewide central

register of child abuse and maltreatment in accordance with the

provisions of section four hundred twenty-four-a of this article; sign a

sworn statement indicating whether, to the best of his or her knowledge,

he or she has ever been convicted of a crime in this state or any other

jurisdiction; and provide his or her fingerprints for submission to the

division of criminal justice services in accordance with the provisions

of section three hundred ninety-b of this title;

(b) establish relevant minimal experiential and educational

qualifications for employees and directors of child day care centers or

head start day care center programs;

(c) assure adequate and appropriate supervision of employees and

volunteers of group family day care homes, family day care homes, child

day care centers and school-age child care programs; and

(d) demonstrate, in the case of child day care centers, group family

day care homes, family day care homes and school-age child care programs

the existence of specific procedures which will assure the safety of a

child who is reported to the state central register of child abuse and

maltreatment as well as other children provided care by such homes,

centers or programs, immediately upon notification that a report has

been made with respect to a child named in such report while the child

was in attendance at such homes, centers or programs.

(e) establish necessary rules to provide for uniform visitor control

procedures, including visitor identification.

3. (a) The office of children and family services shall promulgate

regulations requiring operators, program directors, employees and

assistants of family day care homes, group family day care homes,

school-age child care programs and child day care centers to receive

pre-service and annual training, as applicable. Provided however that

such providers shall be required to receive thirty hours of training

every two years; provided, however, 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 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 topics and subject matters required by federal law and the

following topics or subject matters, unless such topics or subject

matters are substantially covered in training that is required pursuant

to federal law:

(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;

(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) adverse childhood experiences (ACEs), focused on understanding

trauma and on nurturing resiliency.

(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.

4. No license or registration shall be issued to a family day care

home or group family day care home and no such registration shall be

renewed if barriers, as defined in paragraph (d) of subdivision one of

section three hundred ninety-d of this title, are not present around any

swimming pool or body of water, as defined in paragraphs (b) and (c) of

subdivision one of section three hundred ninety-d of this title, located

on its grounds, pursuant to section three hundred ninety-d of this

title.

5. a. The site provider of a family day care home or group family day

care home shall provide that at least one employee who holds a valid

certification in a course of study in first aid knowledge and skills and

cardiopulmonary resuscitation, with an emphasis on providing that aid to

children, as approved by the commissioner of the office of children and

family services, be on premises during the operating hours of such

family day care home or group family day care home.

b. The site supervisor of a school-age child care program shall

provide that at least one employee who holds a valid certification in a

course of study in first aid knowledge and skills and cardiopulmonary

resuscitation, with an emphasis on providing that aid to children, as

approved by the commissioner of the office of children and family

services, be on premises during the operating hours of such school-age

child care program.

c. The director of a child day care center shall provide that at least

one employee who holds a valid certification in a course of study in

first aid knowledge and skills and cardiopulmonary resuscitation, with

an emphasis on providing that aid to children, as approved by the

commissioner of the office of children and family services, be on

premises during the operating hours of such child day care center.