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.
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