Requires certain day care centers to provide notice before it intends to close its facility.
Ayes (6): Montgomery, Schneiderman, Huntley, Duane, McDonald, Marcellino
BILL NUMBER: S3601A REVISED 04/13/10
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 390g. 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, provided however that if a center is closed for health and safety reasons, public safety reasons, violation of the regulations of the Office of Children and Family Services, or other specifically enumerated reason.
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 the 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 : 2007-08 (A.11166A) - Children and Families
FISCAL IMPLICATIONS : None for the State.
EFFECTIVE DATE : This act shall take effect on the one hundred twentieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3601--A 2009-2010 Regular Sessions IN SENATE March 25, 2009 ___________Introduced by Sens. PARKER, DILAN, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee and committed to the Committee on Codes -- 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 CONTRACT 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. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05809-02-9