Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/013.
a. "Child care service" means any service which is permitted as a child care service in accordance with article 47 of the New York city health code.
b. "Child care service permittee" means the person to whom a permit to operate a child care service is issued by the commissioner.
c. "Permit" means an authorization to operate a child care service issued by the commissioner in accordance with article 47 of the New York city health code.
d. "Serious injury" means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
e. "Summary child care service inspection report" is a report that includes, at a minimum, the following information:
(1) the name of the child care service;
(2) the name of the child care service permittee;
(3) the child care service permit number and expiration date;
(4) the address of the child care service;
(5) the date of the most recent inspection;
(6) the maximum number of children authorized to be present at any one time as specified in the child care service permit;
(7) any violations identified by the department during inspections conducted over the past three years; and
(8) whether a permit has been ordered suspended or revoked in the past twelve months; whether a child care service has, during the past three years, been ordered closed because its continued operation represented a danger to the health or safety of children; and the terms and conditions, if any, under which such child care service has been allowed to reopen and is authorized to operate.
f. "Violation" means a citation issued by the department which alleges that a child care service has failed to comply with a provision of applicable law, rule or regulation.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/013.
Following each inspection of a child care service, the department shall post a summary child care service inspection report on the department's website and shall make summary child care service inspection reports available by calling 311.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/013.
Every child care service must post a sign in a conspicuous place near its public entrance or entrances stating that the most recent summary child care service inspection report may be accessed through the website of the department or by calling 311. The sign, whose form and content shall be provided or approved by the department, shall be printed in clear and legible type, in such a manner as to be readily visible to parents or other persons entering the child care service and shall provide instructions on how to gain access to the summary child care service inspection reports through the department's website.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/013.
a. Every applicant for a new or renewal permit to operate a child care service shall disclose whether a serious injury or the death of a child in its care, or the care of any of its owners, directors, employees, volunteers or agents, has occurred. Every such permit applicant shall further disclose any civil or criminal court verdicts holding that the applicant, or any of its owners, directors, employees, volunteers or agents, was responsible for such serious injury or death of a child, or administrative agency decisions holding or finding that there is credible evidence that the applicant, or any of its owners, directors, employees, volunteers or agents, was responsible for such serious injury or death of a child, and whether any legal proceeding involving the serious injury or death of a child is pending against the applicant, or any of its owners, directors, employees, volunteers or agents. The department shall deny such a permit unless, on the basis of the application and other papers submitted, including the information provided pursuant to this section, and on the basis of department or city investigation, if any, it is satisfied that the provisions of the New York city health code and other applicable law will be met. The death of a child or the occurrence of more than one incident resulting in a serious injury to a child or children in the care of an applicant or permittee shall create a presumption in any proceeding brought by the department to deny or revoke such a permit of the inability of the applicant or permittee to comply with the provisions of said code or other applicable law. Nothing herein shall otherwise limit the department's authority to deny the issuance or renewal of a permit or to revoke a permit.
b. To the extent permissible by law, where the department has received written notification that a person with responsibility for oversight and direction of a child care service has a felony conviction at any time for a sex offense, crime against a child, or a crime involving violence, or a felony conviction within the past five years for a drug-related offense, the department shall, when consistent with article twenty-three-A of the correction law, deny the application for a permit to operate such child care service.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/013.
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.
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