A5796-2011 Actions

• Jan 4, 2012: referred to children and families
• Mar 1, 2011: referred to children and families

A5796-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5796
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 March 1, 2011
 
 Introduced  by M. of A. LIFTON, HOOPER, LUPARDO -- Multi-Sponsored by -
 M. of A. ABBATE, BRENNAN, DESTITO, GUNTHER, PHEFFER, ROBINSON --  read
 once and referred to the Committee on Children and Families
 

AN ACT to amend the social services law, in relation to appeals of child
 day care providers
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subparagraph (i) of paragraph  (c)  of  subdivision  11  of
 section  390  of the social services law, as added by chapter 117 of the
 laws of 2010, is amended to read as follows:

 (i) Except as provided for in this paragraph, a child day care provid
 er shall avoid payment of a penalty imposed pursuant to this subdivision
 where the provider has rectified the condition  which  resulted  in  the
 imposition  of  the  penalty  within  thirty days of notification of the
 existence of the violation of statute or  regulation.    THE  OFFICE  OF
 CHILDREN  AND  FAMILY SERVICES SHALL DEVELOP REGULATIONS FOR AN INFORMAL
 APPEALS PROCESS WHEREBY A PROVIDER WITH NO PRIOR  RECORD  OF  VIOLATIONS
 MAY,  WITHIN  TEN  DAYS  OF  RECEIPT  OF AN INSPECTION REPORT, REQUEST A
 SUPERVISORY REVIEW OF SUCH REPORT. AT THE DISCRETION OF  THE  OFFICE  OF
 CHILDREN  AND  FAMILY SERVICES, A CITATION FOR A VIOLATION MAY BE WAIVED
 ON THE BASIS OF  INSPECTOR  ERROR  OR  IMMEDIATE  RECTIFICATION  OF  THE
 VIOLATION,  AND  NO  RECORD  SHALL  APPEAR  IN  THE STATE CHILD DAY CARE
 PROVIDER DATABASE. IN NO INSTANCE, HOWEVER, SHALL THE  INFORMAL  APPEALS
 PROCESS  BE  AVAILABLE  WHERE THE INSPECTION REPORT CITES VIOLATION OF A
 REGULATORY REQUIREMENT WHICH HARMS A CHILD OR PLACES A CHILD AT RISK  OF
 DEATH,  SERIOUS OR PROTRACTED DISFIGUREMENT, OR PROTRACTED IMPAIRMENT OF
 PHYSICAL OR EMOTIONAL HEALTH.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09265-01-1

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