Section 17-1301
§ 17-1301 Definitions. a. "Child care service" means any service
which is permitted as a child care service in accordance with article 47
of the New York city health code.
b. "Child care service permittee" means the person to whom a permit to
operate a child care service is issued by the commissioner of the
department.
c. "Permit" means an authorization to operate a child care service
issued by the commissioner in accordance with article 47 of the New York
city health code.
d. "Serious injury" means a serious impairment of physical condition,
including, but not limited to, the following: loss of consciousness;
concussion; bone fracture; protracted loss or impairment of function of
any bodily member or organ; a wound requiring extensive suturing; and
serious disfigurement.
e. "Summary child care service inspection report" is a report that
includes, at a minimum, the following information:
(1) the name of the child care service;
(2) the name of the child care service permittee;
(3) the child care service permit number and expiration date;
(4) the address of the child care service;
(5) the date of the most recent inspection;
(6) the maximum number of children authorized to be present at any one
time as specified in the child care service permit;
(7) any violations identified by the department during inspections
conducted over the past three years; and
(8) whether a permit has been ordered suspended or revoked in the past
twelve months; whether a child care service has, during the past three
years, been ordered closed because its continued operation represented a
danger to the health or safety of children; and the terms and
conditions, if any, under which such child care service has been allowed
to reopen and is authorized to operate.
f. "Violation" means a citation issued by the department which alleges
that a child care service has failed to comply with a provision of
applicable law, rule or regulation.
Section 17-1302
§ 17-1302 Access to summary child care service inspection reports.
Following each inspection of a child care service, the department shall
post a summary child care service inspection report on the department's
website and shall make summary child care service inspection reports
available by calling 311.
Section 17-1303
§ 17-1303 Posting of information on-site. Every child care service
must post a sign in a conspicuous place near its public entrance or
entrances stating that the most recent summary child care service
inspection report may be accessed through the website of the department
or by calling 311. The sign, whose form and content shall be provided or
approved by the department, shall be printed in clear and legible type,
in such a manner as to be readily visible to parents or other persons
entering the child care service and shall provide instructions on how to
gain access to the summary child care service inspection reports through
the department's website.
Section 17-1304
§ 17-1304 Denial of permit. a. Every applicant for a new or renewal
permit to operate a child care service shall disclose whether a serious
injury or the death of a child in its care, or the care of any of its
owners, directors, employees, volunteers or agents, has occurred. Every
such permit applicant shall further disclose any civil or criminal court
verdicts holding that the applicant, or any of its owners, directors,
employees, volunteers or agents, was responsible for such serious injury
or death of a child, or administrative agency decisions holding or
finding that there is credible evidence that the applicant, or any of
its owners, directors, employees, volunteers or agents, was responsible
for such serious injury or death of a child, and whether any legal
proceeding involving the serious injury or death of a child is pending
against the applicant, or any of its owners, directors, employees,
volunteers or agents. The department shall deny such a permit unless, on
the basis of the application and other papers submitted, including the
information provided pursuant to this section, and on the basis of
department or city investigation, if any, it is satisfied that the
provisions of the New York city health code and other applicable law
will be met. The death of a child or the occurrence of more than one
incident resulting in a serious injury to a child or children in the
care of an applicant or permittee shall create a presumption in any
proceeding brought by the department to deny or revoke such a permit of
the inability of the applicant or permittee to comply with the
provisions of said code or other applicable law. Nothing herein shall
otherwise limit the department's authority to deny the issuance or
renewal of a permit or to revoke a permit.
b. To the extent permissible by law, where the department has received
written notification that a person with responsibility for oversight and
direction of a child care service has a felony conviction at any time
for a sex offense, crime against a child, or a crime involving violence,
or a felony conviction within the past five years for a drug-related
offense, the department shall, when consistent with article
twenty-three-A of the correction law, deny the application for a permit
to operate such child care service.
Section 17-1305
§ 17-1305 Notification of authorities. The department shall report to
an appropriate state agency any serious injury or death of a child in
child care services which has been reported to the department in
accordance with applicable law, rules and regulations. Such report shall
include the name of the child care service and the child care service
permittee of any child care service in which a serious injury or death
of a child has occurred.
Section 17-1306
§ 17-1306 Distribution of information to referral agencies. a.
Definitions. 1. "Child care program" means any program that provides
child day care as defined in section 390 of the new york state social
services law, including family day care home, group family day care home
and school age child care as defined in section 390 of the New York
state social services law, or child care services.
2. "Referral agency" means the administration for children's services,
the department of social services/human resources administration or any
state-funded child care resource and referral agency operating in New
York city.
b. To the extent permissible under law, the department shall promptly
make available to referral agencies information regarding any child care
program for which the department is aware of a current suspension of its
license, registration or permit or that it has had its license,
registration or permit terminated.
c. The department shall request that referral agencies advise parents
to seek additional information regarding any program to which a referral
is made by consulting the department's website or by calling 311.
d. The department shall publish an informational pamphlet which shall,
at a minimum, do the following:
1. Describe the government authorities responsible for regulating
child care programs, along with contact information for persons to use
if they have questions or complaints about child care programs.
2. Describe key rules or regulations relating to child care programs,
including mandated staff and adult/child ratios, maximum capacity and
health and safety standards.
3. Describe the inspection process and the registration, licensing and
permitting processes for child care programs.
4. Advise parents seeking child care programs to ask child care
program providers to see the program's current license, registration or
permit and not to enroll a child in any program that does not have a
current registration, license or permit or has a current suspension of
its registration, license or permit.
The informational pamphlet required by this section shall be
translated into all covered languages as defined in § 8-1002 of the
administrative code of the city of new york. Copies of the pamphlet
shall be provided to all referral agencies.
Section 17-1307
* § 17-1307 Reports regarding child care citywide. a. Forty-five days
after the end of the first full calendar quarter following the effective
date of the local law that added this section and forty-five days after
the end of each succeeding calendar quarter thereafter, the department
shall furnish to the speaker of the city council a report regarding
child care programs in New York city that includes, at a minimum, the
following information concerning child care services, and to the extent
that the department has access to such information, the following
information concerning state-regulated family and group family day care
homes and school-age child care programs:
1. number of programs currently holding a valid license, registration
or permit issued under state or local law or regulations, disaggregated
by borough and by type of program;
2. number of inspections of such child care programs conducted,
disaggregated by borough and by the type of program inspected;
3. percentage of renewal applications that were not processed by the
expiration date of the license, registration or permit being renewed,
disaggregated by the type of child care program;
4. percentage of new applications for a license, registration or
permit to operate a state-regulated child care program that resulted in
a license or registration, disaggregated by the type of child care
program;
5. percentage of new applications for licenses to operate a child care
service that resulted in a license, registration or permit;
6. number of child care program slots created, disaggregated by type
of child care program;
7. number of complaints received regarding child care programs
operating with a license, registration or permit, disaggregated by the
type of child care program and borough in which the child care program
that is the subject of the complaint is located;
8. number of complaints received regarding child care programs
operating without a license, registration or permit, disaggregated by
the borough in which the child care program that is the subject of the
complaint is located;
9. percentage of state-licensed or registered child care programs
cited for having violations, disaggregated by borough and by the type of
child care program;
10. total number of initial inspections of child care services and the
percentage of child care services that required one or more compliance
inspections;
11. number of child care program licenses, registrations or permits
revoked, disaggregated by type of child care program;
12. number of child care program licenses, registrations or permits
suspended, disaggregated by the type of child care program;
13. number of cease and desist orders issued, disaggregated by the
type of state-licensed or registered child care program;
14. number of early childhood consultants employed in the department's
bureau of child care as of the close of business on the final day of the
reporting period;
15. number of early childhood consultant vacancies in the department's
bureau of child care as of the close of business on the final day of the
reporting period;
16. number of public health sanitarians employed in the department's
bureau of child care as of the close of business on the final day of the
reporting period; and
17. number of public health sanitarian vacancies in the department's
bureau of child care as of the close of business on the final day of the
reporting period.
b. Within forty-five days after the end of each calendar year, the
department shall publish and make available on its website an annual
report containing the information set forth in subdivision a of this
section for the prior calendar year.
* NB Repealed August 30, 2014
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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