BILL NUMBER: S9049
SPONSOR: ROLISON
 
TITLE OF BILL:
An act to amend the social services law, in relation to staffing flexi-
bility for licensed child day care programs during workforce shortages,
clarification of director staffing roles, and modification of infant age
definitions
 
PURPOSE OR GENERAL IDEA OF BILL:
Allows the Office of Children and Family Services (OCFS) to grant tempo-
rary staff to child ratio flexibility during documented staffing short-
ages and clarifies regulations to permit directors to serve as classroom
staff during shortages without penalties.
 
SUMMARY OF PROVISIONS:
Section 1: Based on legislative findings, the goal of this bill is to
preserve licensed childcare capacity through limited, targeted statutory
changes that emphasize child safety while preventing unnecessary
closures, reduced enrollment and punitive enforcement actions for non-
safety-related staffing issues.
Section 2: Amends subdivision 1 of section 390 of the social services
law to add (h) a definition of director, operator or program administra-
tor.
Section 3: Amends paragraphs (d) and (e) of subdivision 1 of section 390
of the social services law. Part (d) changes the caregiver to child
ratio to one caregiver to two children under eighteen months in group
family daycare homes. Part (e) changes the caregiver to child ratio to
one caregiver to two children under eighteen months in family daycare
homes.
Section 4: Section 390 of the social services law is amended by adding
new subdivision 2-b. Subdivision 2-b authorizes OCFS to grant temporary
and limited flexibility to staff-to-child rations and maximum group size
requirements for licensed child day care centers, family day care homes
and group family daycare comes during documented workforce shortages.
Section 5: Section 390 of the social services law is amended by adding
new subdivision 2-c. Subdivision 2-c, part (a) states that a child
daycare program director, assistant director or site supervisor who
otherwise meets applicable staff qualification requirements may tempo-
rarily serve in a classroom staffing role, including as a lead teachers,
for the purpose of maintaining required child supervision during staff-
ing shortages.
Subdivision 2-c, part (b) states a licensed child daycare program shall
not be cited for a staffing or ratio violation solely on the basis that
a director, assistant director, or site supervisor is serving in a
classroom role, provided that the required supervision of children is
maintained, all applicable health and safety recommendations are met and
such temporary service is documented by the provider.
Section 6: Section 390 of the social services law is amended by adding
new subdivision 10-a. Subdivision 10-a states a director, operator,
program administrator or other individual designated by the licensee and
authorized under regulations of OCFS may provide direct care and super-
vision of children and does not constitute a violation of licensure
provided background checks and training requirements have been satis-
fied.
Section 7: The act shall take effect on the one hundred eightieth day
after it shall have become law.
 
JUSTIFICATION:
Childcare is a necessity for working families in New York. Without
access to affordable childcare, parents are forced to leave the work-
force or reduce their hours, affecting the economy and workforce partic-
ipation.
During the Hudson Valley Affordability Roundtable, childcare providers
testified that directors stepping into classrooms to maintain ratios are
cited. These citations have led to insurance cancellations, threatening
center viability.
This legislation would allow the Office of Children and Family Services
(OCFS) to grant temporary staff to child ratio flexibility during docu-
mented staffing shortages and clarifies regulations to permit directors
to serve as classroom staff during shortages without penalties.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
The act shall take effect on the one hundred eightieth day after it
shall have become law.

Statutes affected:
S9049: 390 social services law, 390(1) social services law