BILL NUMBER: S6225
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the social services law, in relation to inspections of
child day care homes, programs and facilities, and opioid overdose
prevention
 
PURPOSE:
To develop training for childcare facility inspectors on controlled
substances, educate and train childcare providers on overdose
prevention, and establish transparency for parents with children in
home-based day care centers.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 390 of the Social Services Law (SOS), as it
relates to child day care and licensing or registration required by
adding several provisions as follows:
Subparagraph (iv) of paragraph (d) of subdivision 2, as it relates to
requiring home based day care providers to openly display an issued
license in a method and format determined by the Office of Children and
Family Services (OCFS), would now require home based day care providers
to openly display the number of household members living in the home,
update the number immediately anytime there is a change, and disclose
the number upon request.
Paragraph (a) of subdivision 2-a, would add the requirement for educa-
tion on overdose prevention as part of the minimum quality program
requirements that OCFS is required to create regulations for.
Subparagraph (i) of paragraph (c) of subdivision 3, would require OCFS
to include an electronic mail address for inquiries or complaints and
mandate providers to openly display both the toll free telephone number
and electronic mail address alongside their license in a method and
format determined by OCFS.
Subdivision 6 would require providers to post the right to inspect a
child day care program by a parent or guardian of any child in the
program alongside the provider's license in a method and format deter-
mined by OCFS.
Paragraph (a) of subdivision 7 would require OCFS to include in their
education to parents and consumers all of the information that day care
providers are required to post or display.
Section 2 amends section 390 of SOS, by adding a new subdivision 15, to
require that only visual inspections of every room and closet at a home
or facility happen during all inspections of the premises of any child
day care provider.
Section 3 amends section 390-a of SOS, as it relates to standards and
training for daycare providers by adding a new subdivision 6, to allow
providers to have opioid antagonists onsite, at no cost to providers.
This legislation would also require such antagonists to be stored out of
reach from children, accessible to all employees or volunteers, and give
both providers and parents information on how to obtain overdose
prevention training and free opioid antagonists through existing
programs or services.
Section 4 amends paragraph (b) of subdivision 3 of section 390-a of SOS,
as it relates to overdose prevention training by adding new subparagraph
(xi) which would require such training for providers be sourced from an
approved training program under section 3309 of the Public Health Law.
Section 5 provides the effective date and allows OCFS to develop regu-
lations prior to the effective date.
 
JUSTIFICATION:
Recent incidents at daycare centers in New York City have underscored
the need for updated reforms aimed at enhancing transparency for
parents, providing education for providers, and ensuring thorough train-
ing for inspectors. The tragic overdose death of one-year-old Nicholas
Feliz-Dominici at a Bronx daycare in Senate District 33, in 2023 and the
arrest of a household member at another daycare in Manhattan for the
possession of ghost guns have raised concerns and created fear among
parents in New York. Recognizing that parents play a crucial role in
advocating for their children's well-being, this bill seeks to empower
them by ensuring they are informed about their rights to inspect child-
care facilities as well as avenues for inquiries and complaints to the
Office of Children and Family Services. Additionally, the bill would
better equip providers in New York State to address the startling rise
in incidents of overdose deaths and opioid exposure to children, both
locally and nationally, this legislation mandates education and training
for providers on overdose prevention. Lastly, for the improved prepared-
ness of inspectors, this bill proposes that their training encompass
recognizing the presence of controlled substances to enhan ce their
ability to safeguard the well-being of children.
 
LEGISLATIVE HISTORY:
2023-2024: S7815-A Rivera/A8966-A Alvarez
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Effective 90 days after this bill becomes law.

Statutes affected:
S6225: 390 social services law, 390-a social services law