BILL NUMBER: S1614
SPONSOR: BRISPORT
 
TITLE OF BILL:
An act to amend the social services law, in relation to defining crit-
ical violations by child care providers; establishing a portal for child
care providers to self-report critical violations; clarifying certain
sanctions, penalties, and other disciplinary actions taken by the office
of children and family services against child care providers for crit-
ical violations; and specifying procedures for child care providers to
appeal such sanctions, penalties, and disciplinary actions
 
SUMMARY OF PROVISIONS:
Section one amends subdivision 1 of section 390 of the social services
law by adding four new paragraphs to define the meaning of "critical
violation", "serious physical or emotional injury", "abused child", and
"maltreated child."
Section two amends clause (C) of subparagraph (ii) of paragraph (d) of
subdivision 2 of section 390 of the social services law to clarify if
the Office of Children and Family Services determines that a registra-
tion should not be continued, they may terminate the registration. If
the Office of Children and Family Services seeks to terminate the regis-
tration, they shall inspect the home or program before terminating the
registration. Where the home or program has failed to meet the require-
ments of this section, the Office of Children and Family Services may
reject any subsequent registration of a provider.
Section three amends paragraph (b) of subdivision 3 of section 390 of
the social services law to require that 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 provider in writing of the violations and require
the provider to correct such violations as specified in a corrective
action plan.
Section four amends section 390 of the social services law by adding a
new subdivision 3-a to require that providers notify the Office of Chil-
dren and Family Services within forty-eight hours upon learning of an
incident involving a critical violation. Additionally, the Office of
Children and Family Services shall develop an online portal for provid-
ers to self-report critical violations and receive information regarding
next steps.
Section five amends subdivision 10 of section 390 of the social services
law to require that any home or facility providing child day care be
operated in accordance with applicable statutes and regulations. Any
critical violation of applicable statutes or regulations shall be a
basis to deny, limit, suspend, revoke, or terminate a license or regis-
tration.
Section six amends subparagraphs (1), (iii) and (iv) of paragraph (a) of
subdivision 11 of section 390 of the social services law to require that
the Office of Children and Family Services establish 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 critical violations of this section.
In addition, the Office of Children and Family Services shall have the
power to. assess civil penalties after a hearing is conducted in accord-
ance with procedures established by regulations of the Office of Chil-
dren and Family Services.
Section seven amends subparagraph (i) of paragraph (b) of subdivision 11
of section 390 of the social services law to provide that in assessing
penalties, the Office of Children and Family Services may consider the
completeness of any, rectification of critical violations made and the
specific circumstances of such critical violations as mitigating
factors.
Section eight amends subparagraph (i) of paragraph (c) of subdivision 11
of section 390 of the social services law to state that a provider shall
avoid payment of a penalty imposed under 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
critical violation of statute or regulation.
Section nine amends the opening paragraph of subparagraph (i) of para-
graph (e) of subdivision 11 of section 390 of the social services law to
require that the Office of Children and Family Services deny a new
application for licensure or registration made by a provider whose
license or registration was previously revoked or terminated based on a
critical violation for a period of two years from the date that the
revocation or termination of the license.
Section ten amends section 390 of the social services law by adding a
new subdivision 11-a that allows for a provider to file a written
request for administrative reconsideration within seven days of receipt
of a corrective action plan with the Commissioner of the Office of Chil-
dren and Family Services. Within fifteen business days after receipt,
the Commissioner shall grant, deny, or otherwise act on such request.
Section eleven establishes the effective date of the bill.
 
JUSTIFICATION:
This bill intends to ensure uniform licensing interpretation and
enforcement across jurisdictions and break down barriers for child care
providers to operate and expand.
New York State has one of the most complex child care licensing environ-
ments in the country. Adding to this complexity, the enforcement of
violations varies drastically across jurisdictions. Under the current
system, there is little distinction between violations that may impact
the health and safety of children and minor administrative compliance
infractions. Without a provision for a warning system or a tiered
response to infractions that aligns the outcomes with the severity of
the violation, any New York violation can immediately trigger a notice
of intent to revoke. License revocation, termination, or limitation is
immediate, and the request for a hearing must be made in writing within
30 days and requires an administrative process with an Administrative
Law Judge (AU), a settlement agreement, and frequently a monetary fine.
Any request for a hearing to contest the suspension of a registration or
license must be made within 10 days of the receipt of the suspension
notice. The standard of review is whether the enforcement determination
was "arbitrary and capricious."
For providers without the resources to hire counsel and settle a minis-
terial matter, it means the closure of the center and tremendous incon-
venience and disruption for families and children. Employees in New
York's child care system face many workforce challenges already and the
harshness of New York's system creates a fearful, punitive, and unpro-
ductive atmosphere and adds yet another impediment to hiring in a
competitive environment. Further, this system of enforcing infractions
creates a disincentive for child care providers to expand their program-
ming or open new centers in New York at a time when the State wants to
expand access to child care and early education.
This legislation also allows OCFS discretion to deploy its staff in a
more prudent manner prioritizing and expend resources more judiciously
on those infractions that are more serious and pose real health and
safety risks. This legislation would improve the licensing infraction
system in New York State by adopting best practices in other states such
as Massachusetts. In Massachusetts, the state agency conducts investi-
gations before revoking a license, and outcomes are aligned with the
severity of the violation based on a three-tiered system. Massachusetts
uses a portal for self-reporting that facilitates clear, consistent, and
immediate reporting and allows for real-time next steps and corrective
action as well as offers the option of technical assistance. Appeals can
be made through an independent body (the MAssachusetts licensing agen-
cy), whereas appeals in New York are considered by the same entity that
issued the infraction.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S7753
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S1614: 390 social services law, 390(1) social services law, 390(2) social services law, 390(3) social services law, 390(10) social services law, 390(11) social services law