BILL NUMBER: S8426A
SPONSOR: SKOUFIS
 
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.
Section 2: Amends Section 390 of the social services law, as added by
chapter 416 of the laws of 2000, by adding a new subdivision 2-b.
Allows the office of children and family services may issue a waiver to
any child day care, child day care provider, child day care center,
group family day care home, family day care home, or school age child
care as defined in paragraph one of this section for the following:
(a) maximum capacity;
(b) staff/child ratios; and/or
(c) the ages of children that can be served.
Section 3: 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 (047.23). 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 regulations contain such a standard.
This Legislation will allow OCFS to create regulations to issue waivers
pertaining to child/staff ratios to child daycare providers.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect in one hundred and twenty days. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.

Statutes affected:
S8426A: 390 social services law