Removes certain requirements on what the office of children and family services can determine to be an appropriate staff/child ratios for family day care homes, group family day care homes, school age day care programs and day care centers.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9529
SPONSOR: Hevesi 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 to enhance the
overall quality of care provided to children in licensed and registered
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. This
section finds that the Office of Children and Family Services is
mandated to create regulations establishing minimum quality program
requirements for licensed and registered daycare homes, programs, and
facilities.
The requirements laid out in section 1 include:
1) Age-appropriate activities, materials, and equipment to foster cogni-
tive, educational, social, cultural, physical, emotional, language, and
recreational development of children in a safe, healthy, and caring
environment
2) Incorporation of the principles of childhood development
3) An appropriate staff/child ratio for different types of child care
settings (family day care homes, group family day care homes, school age
day care programs, and daycare centers)
4) Appropriate levels of supervision for children in care
5) Minimum standards for sanitation, health, infection control, nutri-
tion, 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.
Section 2: Sets effective date.
JUSTIFICATION::
In the wake of the COVID-19 pandemic, the State has witnessed the
closure of many daycare facilities, yet the demand has anything but
declined. The result has been a pronounced scarcity of available slots
for parents seeking daycare services. By empowering the Office of Chil-
dren and Family Services, the bill aims to introduce uniform standards
of conduct across the state in childcare settings. Furthermore, by
addressing staff/child ratios and standards for qualifications and
training, this bill helps ensure a high quality of child care.
The disparities between New York City's and New York State's regulations
isn't limited to the ratio and maximum group size. Article 47 of the
New York City Health Code defines "toddler" as a child between 12 and 24
months of age (§ 47.01) and requires a ratio of 1:5 for this age group,
with a maximum group size of 10 (§ 47.23). New York City's 1:6 ratio
with a maximum group of 12 applies to the two years to under three age
group (§ 47.23). Conversely, New York State's regulations define
"toddler" as a child 18 months to 36 months in age (18 NYCRR § 413.2)
and require a 1:5 ratio for toddler classrooms, with a maximum group
size of 12 (18 NYCRR § 418-1.8).
Under the current 1:5 ratio with a maximum group size of 12 outside of
New York City, it is financially unreasonable for providers to admit
more than 10 students to a group. The existing ratio necessitates an
additional staff member for a group of 12 students, which incurs a cost
exceeding that of accommodating two more students. Aligning the State's
regulations with New York City's ratios would rectify this inconsistency
and create a more financially viable approach while maintaining child
safety which, of course, is paramount.
Social Services Law (SSL) directs OCFS to establish appropriate
staff/child ratios for child care programs, and it stipulates that such
ratios cannot be any less stringent than those that existed in regu-
lation on January 1, 2000
SSL § 390(2-a)(a)(iii). The ratios and group
size remain the same today as in 2000, with one caveat. In 2000, there
was no standard for the age group from birth to 6 weeks old, whereas
current reglalations contain such a standard.
This Legislation is necessary to allow OCFS to adjust New York Codes,
Rules, and Regulations (NYCRR) regarding child-to-staff ratios such that
the 1:5 ratio for toddler classrooms can be adjusted to make it finan-
cially reasonable to admit the maximum number of children into the class
safely.
LEGISLATIVE HISTORY::
New Bill
FISCAL IMPLICATIONS::
None.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9529
IN ASSEMBLY
March 20, 2024
___________
Introduced by M. of A. HEVESI, WALLACE -- read once and referred 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 Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2-a of section 390 of the
2 social services law, as added by chapter 416 of the laws of 2000, is
3 amended to read as follows:
4 (a) The office of children and family services shall promulgate regu-
5 lations which establish minimum quality program requirements for
6 licensed and registered child day care homes, programs and facilities.
7 Such requirements shall include but not be limited to (i) the need for
8 age appropriate activities, materials and equipment to promote cogni-
9 tive, educational, social, cultural, physical, emotional, language and
10 recreational development of children in care in a safe, healthy and
11 caring environment (ii) principles of childhood development (iii) appro-
12 priate staff/child ratios for family day care homes, group family day
13 care homes, school age day care programs and day care centers[, provided
14 however that such staff/child ratios shall not be less stringent than
15 applicable staff/child ratios as set forth in part four hundred four-
16 teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
17 teen of title eighteen of the New York code of rules and regulations as
18 of January first, two thousand] (iv) appropriate levels of supervision
19 of children in care (v) minimum standards for sanitation, health,
20 infection control, nutrition, buildings and equipment, safety, security
21 procedures, first aid, fire prevention, fire safety, evacuation plans
22 and drills, prevention of child abuse and maltreatment, staff qualifica-
23 tions and training, record keeping, and child behavior management.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13682-01-3
