Requires certain day care centers to provide notice before it intends to close its facility.
TITLE OF BILL: An act to amend the social services law, in relation to requiring certain day care centers to provide twelve months notice before it intends to close its facility
PURPOSE OR GENERAL IDEA OF BILL: To allow parents time to find a new day care center for their children and to give struggling centers time to reorganize.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 - Would amend the social services law by adding a new section 390-g. This section would require all municipally owned child day care centers located within a city of one million or more, to provide at least twelve months notice to the guardians of all children enrolled at such day care center, prior to closing its facility. Unless the child day care center violated the regulations of the office of children and family services, or for health and safety reasons; when a local social services district seeks to close a child day care center on an expedited basis for reasons of public safety, criminal behavior by the center, breach of contract with the social services district, suspension or revocation of the center's license for non-economic reasons, or unanticipated loss of facility by the center, provided such facility is not owned by a city having a population of one million or more.
JUSTIFICATION: This legislation will give parents sufficient time to find a new location for their children when the current center they utilize announces its impending closure, Parents need this time to evaluate different centers in their neighborhood to determine the most suitable location for their children, This bill will also give employees of a closing center adequate time to look for future employment and allow time for efforts to reorganize the troubled center.
PRIOR LEGISLATIVE HISTORY: 2007-2008 (A.11166A)
FISCAL IMPLICATIONS: Undetermined
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3065--C 2009-2010 Regular Sessions IN ASSEMBLY January 22, 2009 ___________Introduced by M. of A. BENJAMIN, PHEFFER, JOHN, BOYLAND, MAISEL, CRESPO, BROOK-KRASNY, SCARBOROUGH, JAFFEE, JACOBS, COOK, MENG, CASTRO, WRIGHT, J. RIVERA, TITUS, MILLMAN, BARRON, ESPAILLAT -- Multi-Sponsored by -- M. of A. BRENNAN, ERRIGO, GOTTFRIED, HEASTIE, MAYERSOHN, NOLAN, SKAR- TADOS, TOWNS -- read once and referred to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Children and Families in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to requiring certain day care centers to provide twelve months notice before it intends to close its facility THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The social services law is amended by adding a new section 390-g to read as follows: S 390-G. NOTICE REQUIREMENT BEFORE CLOSING CERTAIN DAY CARE CENTERS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "CHILD DAY CARE CENTER" SHALL MEAN A CHILD DAY CARE CENTER AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THIS TITLE. (B) "PERSON LEGALLY RESPONSIBLE" SHALL MEAN A PERSON LEGALLY RESPONSI- BLE AS DEFINED IN SUBDIVISION (G) OF SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT. 2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, IF THE SOCIAL SERVICES DISTRICT SEEKS TO CLOSE A CHILD DAY CARE CENTER UNDER CONTRACTEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05809-07-0 A. 3065--C 2
WITH SUCH DISTRICT, IT SHALL PROVIDE AT LEAST TWELVE MONTHS WRITTEN NOTICE TO THE CHILD DAY CARE CENTER AND THE PARENTS OR PERSONS LEGALLY RESPONSIBLE FOR CHILDREN ENROLLED IN SUCH CENTERS, PRIOR TO THE CLOSING. (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY IN CASES WHERE A LOCAL SOCIAL SERVICES DISTRICT SEEKS TO CLOSE A CHILD DAY CARE CENTER FOR VIOLATING THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR FOR HEALTH AND SAFETY REASONS. (C) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY IN CASES WHERE A LOCAL SOCIAL SERVICES DISTRICT SEEKS TO CLOSE A CHILD DAY CARE CENTER ON AN EXPEDITED BASIS FOR REASONS OF PUBLIC SAFETY, CRIMINAL BEHAVIOR BY THE CENTER, BREACH OF CONTRACT WITH THE LOCAL SOCIAL SERVICES DISTRICT, SUSPENSION OR REVOCATION OF THE CENTER'S LICENSE FOR NON-ECONOMIC REASONS. S 2. This act shall take effect immediately, provided however for child day care centers and parents or persons legally responsible for children enrolled in such centers that have already received notice of impending closure, the twelve month notice period, required pursuant to section one of this act, shall begin on the effective date of this chap- ter.