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The department shall report to an appropriate state agency any serious injury or death of a child in child care services which has been reported to the department in accordance with applicable law, rules and regulations. Such report shall include the name of the child care service and the child care service permittee of any child care service in which a serious injury or death of a child has occurred.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/013.
a. Definitions.
1. "Child care program" means any program that provides child day care as defined in section 390 of the New York state social services law, including family day care home, group family day care home and school age child care as defined in section 390 of the New York state social services law, or child care services.
2. "Referral agency" means the administration for children's services, the department of social services/human resources administration or any state-funded child care resource and referral agency operating in New York city.
b. To the extent permissible under law, the department shall promptly make available to referral agencies information regarding any child care program for which the department is aware of a current suspension of its license, registration or permit or that it has had its license, registration or permit terminated.
c. The department shall request that referral agencies advise parents to seek additional information regarding any program to which a referral is made by consulting the department's website or by calling 311.
d. The department shall publish an informational pamphlet which shall, at a minimum, do the following:
1. Describe the government authorities responsible for regulating child care programs, along with contact information for persons to use if they have questions or complaints about child care programs.
2. Describe key rules or regulations relating to child care programs, including mandated staff and adult/child ratios, maximum capacity and health and safety standards.
3. Describe the inspection process and the registration, licensing and permitting processes for child care programs.
4. Advise parents seeking child care programs to ask child care program providers to see the program's current license, registration or permit and not to enroll a child in any program that does not have a current registration, license or permit or has a current suspension of its registration, license or permit. The informational pamphlet required by this section shall be translated into all covered languages as defined in § 8-1002* of the administrative code of the city of New York. Copies of the pamphlet shall be provided to all referral agencies.
* Editor's note: Repealed. For current provisions, see Title 21, Chapter 1, Subchapter 1.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/012.
a. Any child care service found in violation of section 17-1303 or any provision of any rule promulgated thereunder shall be subject to a civil penalty of $500 for each such violation.
b. Any applicant for a new or renewal permit to operate a child care service found in violation of section 17-1304, or of any provision of any rule promulgated thereunder, for failing to disclose whether a serious injury or the death of a child in its care shall be subject to a civil penalty of $1,000 for each such violation.
c. Any child care service that violates section 17-1303 or any rule promulgated thereunder shall not be subject to a civil penalty for a first-time violation if such child care service proves to the satisfaction of the department, within seven days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a child care service that has received, for the first time, a notice of violation of section 17-1303 or any rules promulgated pursuant thereto. The department shall permit such proof to be submitted electronically or in person. A child care service may seek review, in the office of administrative trials and hearings, of the determination that the child care service has not submitted proof of a cure within 15 days of receiving written notification of such determination.
(L.L. 2021/080, 7/18/2021, eff. 1/14/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/022 and L.L. 2021/080.
a. Definition. As used in this section, the term "child care program" means any program that meets the definition provided in subdivision d of section 47.01 of the health code.
b. The department shall develop guidance for owners of real property regarding facility requirements for a child care program. Such guidance shall describe the facility requirements that must be satisfied in order to obtain a permit from the department as set forth in article 47 of the health code. Such guidance shall include, but not be limited to, requirements regarding (i) minimum area, (ii) egress, (iii) plumbing installation, (iv) ventilation and lighting and (v) fire safety. Such guidance shall assist owners of real property in determining the extent to which such property complies with applicable requirements described in such guidance. Such guidance shall indicate that such real property may be eligible for a tax abatement, provided that the requirements set forth in section 499-bbbbb of the real property tax law, and in all applicable rules, have been satisfied.
c. Nothing in the guidance or in the owner's determination of the extent to which its property complies with applicable requirements shall provide any assurance that a child care program will receive a permit from the department.
d. The department shall maintain, and update as necessary, such guidance on the department's website.
(L.L. 2022/105, 11/9/2022, eff. 5/8/2023)
a. Definitions. As used in this section, the following terms have the following meanings:
Child care program. The term "child care program" means any program that meets the definition provided in subdivision d of section 47.01 of the health code.
Child day care. The term "child day care" means any program that meets the definition provided in paragraph (a), (d), (e) or (f) of subdivision 1 of section 390 of the social services law.
Designated citywide language. The term "designated citywide language" has the same meaning ascribed to such term in subdivision a of section 23-1101.
b. Directory requirements.
1. By July 1, 2023, the department shall coordinate, as necessary, with the department of information technology and telecommunications and any other relevant agency or office to create and maintain a directory of all child care programs located within the city. Such directory shall be publicly accessible on a website or online portal. The directory shall be available in the designated citywide languages and include, but not be limited to, the following features:
(a) For each child care program:
(i) The name, address, telephone number and program type;
(ii) The age groups served by such child care program; and
(iii) The status of any permit or license required to operate such child care program;
(b) A search function that allows a search of child care programs by key words, name or location, including by borough and zip code; and
(c) A clear and conspicuous link to a webpage that provides information on the child day cares located within the city, and a description of the types of child day cares.
2. Notwithstanding the requirements of this section, the directory shall not include the address or telephone number of a child care program located in a domestic violence shelter as designated by the department of social services.
(L.L. 2022/101, 11/9/2022, eff. 12/9/2022)