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(a) Information required. A night child care program shall include in each child's record the arrangements provided for care when the child is not in night child care as well as information regarding family bedtime routines and other information which would assist staff in providing a smooth transition for the child.
(b) Time in night child care program limited. No child shall spend more than 12 hours in a night child care program in any 24 hour period.
(c) Services. A night child care program shall have services that incorporate the following elements:
(1) When possible, children shall be left for care before and picked up after their normal sleeping period so that there are minimal disturbances of the child during sleep.
(2) The program shall facilitate a relaxed atmosphere characterized by informal quiet activities.
(3) Scheduling shall reflect the need for regularity in meeting basic needs such as relaxation, meals, self-care/hygiene and sleep.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Physical activity. Each program shall provide age and developmentally appropriate physical activity.
(1) Children ages 12 months or older attending a full-day program shall be scheduled to participate in at least 60 minutes of physical activity per day. Children attending less than a full day program shall be scheduled to participate in a proportionate amount of such activities. For children ages three and older, at least 30 of the 60 minutes shall be structured and guided physical activity. The remainder of the physical activity may be concurrent with other active play, learning and movement activities.
(2) Structured and guided physical activity shall be facilitated by teachers and/or caregivers and shall promote basic movement, creative movement, motor skills development, and general coordination.
(3) Permittees shall document structured and guided physical activities. Such documentation shall be kept on site and made available to the Department upon request. This documentation shall be included in the program daily schedule and program lesson/activity plans.
(4) Children shall not be allowed to remain sedentary or to sit passively for more than 30 minutes continuously, except during scheduled rest or naptime.
(b) Play equipment. In the indoor and outdoor play areas, the permittee shall make available sufficient equipment, appropriate to the stage of development of the children, and designed to foster physical and motor development, and that shall enable all children to engage in structured and guided physical activities.
(c) Outdoor play.
(1) Adequate periods of outdoor play shall be provided daily for all children, except during inclement weather.
(2) During outdoor play, children shall be dressed appropriately for weather and temperature. In inclement weather, active play shall be encouraged and supported in safe indoor play areas.
(d) Television viewing.
(1) Television, video and other visual recordings shall not be used with children under two years of age.
(2) For children ages two and older, viewing of television, videos, and other visual recordings shall be limited to no more than 30 minutes per week of educational programming or programming that actively engages child movement.
(3) Children attending less than a full-day program shall be limited to a proportionate amount of such viewing.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) The permittee shall maintain an updated copy of this Code and make it available to all staff.
(b) The permittee shall post the following at the front door of its public entrance where staff, parents and others may review them:
(1) The current permit securely encased in a weather-resistant glass or plastic protective frame;
(2) A sign provided or approved by the Department stating that the Department's most recent summary inspection report for the program may be obtained from the Department's website, or by calling 311, and that complaints about the program may be made to, and more information about requirements for operation of programs may be obtained by calling 311; and
(3) The valid relevant performance summary card posted in accordance with 24 RCNY Chapter 3.
(Amended City Record 9/20/2016, eff. 10/20/2016; amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Modification of provisions. When the strict application of any provision of this article presents practical difficulties, or unusual or unreasonable hardships, the Commissioner in a specific instance may modify the application of such provision consistent with the general purpose and intent of this Code and upon such conditions as in his/her opinion are necessary to protect the health of the children. Unless a shorter duration is specified by the Department, all modifications shall remain in effect for the remainder of the permit period in which they are issued and shall expire at the end of the permit period.
(b) Fee waiver. Upon the submission of proof satisfactory to the Commissioner that an applicant for a permit is a program which is fully funded by the Administration for Children's Services (ACS), the New York City Human Resources Administration, the New York City Department of Homeless Services, or a successor agency, as an ACS Group Child Care Center, Head Start or other child care or supervision program, the permit fee required by 24 RCNY Health Code Article 5 shall be waived. Such waiver shall continue in effect provided the applicant program remains fully funded.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Imminent health hazards.
(1) When the Department determines that any program is being operated in a manner that may give rise to an imminent health hazard, or is maintaining one or more conditions that constitute an imminent health hazard, or that its operation otherwise presents a risk of endangering the health or safety of children or other persons, the Commissioner may order such program to close and to discontinue operations, suspending its permit, without further proceedings, by service of an order upon the permittee, or other person(s) managing or in control of such program. An order issued, pursuant to this section shall provide the permittee, or other person(s) in control, an opportunity to be heard and to show cause why such program should not remain closed until there are changed circumstances, or the correction, removal or abatement of the dangerous or detrimental condition(s).
(2) The Commissioner may require any permittee that consistently fails to correct imminent or repeat, serious violations to prepare a corrective action plan in which factors contributing to violations are analyzed and a plan is created to address and correct violations. When, in the opinion of the Commissioner, a permittee is unable or unwilling to write or implement a corrective action plan that adequately protects the health and safety of children, the Commissioner shall provide the permittee with an opportunity to show cause at a hearing why its permit should not be suspended or revoked.
(b) Operating without a permit. Operating any program without a currently valid permit shall be deemed to present an imminent health hazard to children in attendance, for which such program shall be ordered closed without further proceedings.
(c) Additional operating terms and conditions authorized. If the Department determines that the reopening of a program that has been ordered closed and its continuing operation will not present any risk to any person, the Department may authorize such reopening and may impose such additional conditions upon continuing operation that it deems necessary to avoid recurrence of imminent health hazards.
(d) Service of orders. Service of any order issued, pursuant to this Article may be made upon any person to whom the order is addressed, to a permittee, to a person required to hold a permit or upon any other person of suitable age and discretion who is asserting ownership, management or control of such program. Service of any order may be made in any manner provided in 24 RCNY Health Code § 3.05(b), or successor provision, and may be delivered to the home or business address of the permittee listed in the permit issued by the Commissioner, or in the permit application or at the place where the program is being operated.
(e) Posting orders to close; notifying parents. Upon issuing an order to close a program for any reason, the Department shall post a copy of the order at the entrance to the premises subject to such order, and shall notify and provide a copy of the closing order to the parents or other persons who arrive at the program to pick up children attending the program.
(f) Padlocking. Upon finding that any order issued, pursuant to this section has not been complied with, the Department may, without further notice, seal or padlock the premises where services are provided and take any other measures deemed necessary to obtain compliance with the order.
(g) Operation in violation of order prohibited. No person shall remove a padlock, seal or an order posted, pursuant to this section, or open to the public or operate a program in violation of an order issued, pursuant to this section.
(h) Other actions. In addition to any action authorized by this Article or 24 RCNY Health Code Article 5, the Commissioner may refuse to renew, or may revoke or deny issuance of a permit if:
(1) the program's permit was ordered suspended more than once during the past 36 months, or
(2) the program's permit was previously ordered suspended for having lost a child, or another instance of inadequate supervision or inappropriate behavioral management of children; or
(3) the permittee failed to submit or implement a fully responsive corrective action plan; or
(4) a permit applicant or permittee continued operating a program when a permit was either ordered suspended or the program was ordered closed for operating without a permit; or
(5) the Commissioner determines that a permittee is unable or unwilling to correct a pattern of serious, repeated violations including, but not limited to, those defined as imminent health hazards; or
(6) the Commissioner finds out after issuing a permit that a previous or current permit, license, registration or other authorization to operate a program, held by the permittee, or any officer, manager or director of the permitted entity, was or is being suspended or revoked in any jurisdiction.
(i) Department authority not limited by this section. Nothing herein shall be construed to limit the authority of the Department to take any action it deems appropriate, including issuance of notices of violation seeking monetary penalties for violations cited by the Department, or commencement of a proceeding or action provided for by this Code or other applicable law, including actions or issuance of orders denying, suspending, or revoking permits.
(j) Effect of permit revocation. When a permit has been ordered revoked by the Commissioner, and the Commissioner finds that the circumstances resulting in revocation show that the permittee or other persons exercising management and control are unable or unwilling to operate a program in compliance with this Code, an application for a new permit will not be accepted for at least five years from the date revoked from either the permittee or from any individual person exercising management and control of the program that had its permit revoked.
(Amended City Record 9/20/2016, eff. 10/20/2016; amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
This Article shall be liberally construed for the protection of the health of children attending programs regulated by this Article. If any provision of this Article is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of this Article.
(Amended City Record 9/20/2017, eff. 10/10/2017)
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