Enacts "Trenton's law"; requires that a parent or legal guardian furnish a copy of a child's birth certificate at the time of enrollment of such child into a child day care center; provides that if a copy is not supplied for review, the director or operator shall contact the statewide central register for missing and exploited children.
Sponsor: MAZIARZ / Committee: CHILDREN AND FAMILIES
Law Section: Social Services Law / Law: Add S390-i, Soc Serv L
Sponsor: MAZIARZ / Committee: CHILDREN AND FAMILIES
Law Section: Social Services Law / Law: Add S390-i, Soc Serv L
S214-2011 Actions
- Jan 4, 2012: REFERRED TO CHILDREN AND FAMILIES
- Jan 5, 2011: REFERRED TO CHILDREN AND FAMILIES
S214-2011 Memo
BILL NUMBER:S214 TITLE OF BILL: An act to amend the social services law, in relation to requiring the furnishing of a copy of a birth certificate at the time of enrollment of a child into a child day care center PURPOSE: Requires the furnishing a copy of a birth certificate at the time of enrollment of a child into a child day care center SUMMARY OF PROVISIONS: Section 1. This act shall be known and may be cited as "Trenton's Law". Section 2. The social services law will be amended by adding new section 390-i to be read as follows: Copy of birth certificate furnished at time of enrollment into a child day care center; required. 1. A child day care center, group family day care home, family day care home or school aged child day care facility, as such terms are defined in section three hundred ninety of this article, shall review a copy of a birth certificate, to be furnished by a parent or legal guardian, within fifteen days of enrollment of such child in such facility, Such review shall be documented and such documentation shall be retained in the child's file. S.(a) If a copy of a birth certificate is not furnished to the director or operator of the facility within fifteen days, such director or operator shall make an inquiry to the statewide central register for missing children pursuant to section eight hundred thirty-seven-e of the executive law. If such child appears to match a child registered with the statewide central register for missing children, of one registered with the national crime information center register, the director or operator shall immediately contact the local law enforcement authority, (b) No civil or criminal liability shall arise or attach to any child day care, group or family day care home, family day care home or school aged child day care facility or employee thereof for any act or omission to act as a result of, or in connection with, the duties or activities authorized or directed by this section. JUSTIFICATION: Over two-thousand children are reported missing each day in the United States. Over two-hundred thousand are victims of family abductions and over fifty-thousand are victims of non-familial and stereotypical kidnapping. Trenton Duckett was abducted from his home in Leesburg, Florida in 2006 just seventeen days after his second birthday, Trenton has been missing since and his search, like so many other missing children, continues on with hopes that he will be found. Many school Districts require that parents or guardians provide a birth certificate upon registration into elementary school to prove that the child is of school age and proof of legal guardianship, This bill would make it a necessity for child care centers to require a copy of a birth certificate for similar reasons. If one cannot be furnished within fifteen days of enrollment the centers will be obligated to investigate and report children entering pre-kindergarten through universal pre-k programs. Enrollment into daycare is an appropriate time to verify guardianship. Failure to furnish a birth certificate at this time will allow law enforcement and missing child agencies to work closely with child care centers to track and protect missing or abducted children. BILL HISTORY: S.3946/A.7881 of 2009-2010; Referred to Children and Families S.6896 of 2008; Referred to Rules FISCAL IMPLICATIONS: To Be determined. EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
S214-2011 Text
S T A T E O F N E W Y O R K
214 2011-2012 Regular Sessions I N SENATE (PREFILED)
January 5, 2011
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to requiring the furnishing of a copy of a birth certificate at the time of enrollment of a child into a child day care center THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as "Trenton's law".
S 2. The social services law is amended by adding a new section 390-i to read as follows:
S 390-I. A COPY OF A CHILD'S BIRTH CERTIFICATE FURNISHED WITHIN FIFTEEN DAYS OF ENROLLMENT INTO A CHILD DAY CARE CENTER; REQUIRED. 1. A CHILD DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, FAMILY DAY CARE HOME OR SCHOOL AGE CHILD DAY CARE FACILITY, AS SUCH TERMS ARE DEFINED IN SECTION THREE HUNDRED NINETY OF THIS ARTICLE, SHALL REVIEW A COPY OF A CHILD'S BIRTH CERTIFICATE, PRESENTED BY A PARENT OR LEGAL GUARDIAN, WITHIN FIFTEEN DAYS OF THE TIME OF ENROLLMENT OF SUCH CHILD. SUCH REVIEW SHALL BE DOCUMENTED AND SUCH DOCUMENTATION SHALL BE RETAINED IN THE CHILD'S FILE. 2. (A) IF A COPY OF SUCH BIRTH CERTIFICATE CANNOT BE PRESENTED TO THE DIRECTOR OR OPERATOR OF THE FACILITY WITHIN FIFTEEN DAYS OF SUCH ENROLL MENT, SUCH DIRECTOR OR OPERATOR SHALL MAKE AN INQUIRY TO THE STATEWIDE CENTRAL REGISTER FOR MISSING CHILDREN PURSUANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-E OF THE EXECUTIVE LAW. IF SUCH CHILD APPEARS TO MATCH A CHILD REGISTERED WITH THE STATEWIDE CENTRAL REGISTER FOR MISSING CHIL DREN, OR ONE REGISTERED WITH THE NATIONAL CRIME INFORMATION CENTER REGISTER, THE DIRECTOR OR OPERATOR SHALL IMMEDIATELY CONTACT THE LOCAL LAW ENFORCEMENT AUTHORITY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01678-01-1
S. 214 2 (B) NO CIVIL OR CRIMINAL LIABILITY SHALL ARISE OR ATTACH TO ANY CHILD DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, FAMILY DAY CARE HOME OR SCHOOL AGE CHILD DAY CARE FACILITY OR EMPLOYEE THEREOF FOR ANY ACT OR OMISSION TO ACT AS A RESULT OF, OR IN CONNECTION WITH, THE DUTIES OR ACTIVITIES AUTHORIZED OR DIRECTED BY THIS SECTION.
S 3. This act shall take effect on the ninetieth day after it shall have become a law.
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