Section 20-800.
* § 20-800. Definitions.
a. "Child care provider" means any individual, association,
corporation, partnership, institution, organization or agency that has
obtained a license, registration certificate or permit, pursuant to
section 390 of the new york state social services law or articles 5 and
47 of title 24 of the rules of the city new york, to provide child day
care services or to operate a facility where child day care is provided.
b. "Child care inspection report" means either a summary day care
service inspection report or any report issued by a regulatory authority
in the state of new york regarding a child care provider.
c. "License" means a document issued by the new york state office of
children and family services authorizing a child care provider to
operate a group family day care home in accordance with state law and
regulation.
d. "Parent" means custodial parent(s), legal guardian(s), other
persons having legal custody of a child or any other person with whom a
child lives who has assumed responsibility for the day-to-day care and
custody of the child.
e. "Permit" means a document issued by the new york city department of
health and mental hygiene authorizing a day care services provider to
operate a day care service in accordance with local law and regulation.
f. "Registration" means a document issued by the new york state office
of children and family services authorizing a child care provider to
operate family day care program or a school-age child care program in
accordance with state law and regulation.
g. "Summary day care service inspection report" is a document that
includes, at a minimum, the following information:
(1) the name of the day care service;
(2) the name of the day care service permittee;
(3) the day care service permit number and expiration date;
(4) the address of the day care service;
(5) the date of inspection;
(6) the maximum number of children authorized to be present at any one
time as specified in the day care service permit;
(7) any violations identified by the department during the inspection;
(8) whether a permit was ordered suspended or revoked in the past 24
months; and
(9) whether a day care service was 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 day
care service has been allowed to reopen and is authorized to operate.
* NB Validity of local law 23 of 2005 currently a subject of
disagreement between the mayor and the city council.
Section 20-801.
* § 20-801. Posting of information. Every child care provider must
post a sign in a conspicuous place near its public entrance or entrances
stating that the most recent child care inspection report for the
provider may be accessed through the website of the department of health
and mental hygiene or the website of the new york state office of
children and family services. At a minimum, the sign must contain the
name of the child care provider, the address and license or registration
number of the child care provider and maximum capacity of the child care
facility and the number of staff employed by the child care facility as
required by law or regulation. The sign must be printed in clear and
legible type, in such a manner as to be readily visible to customers and
must indicate how to gain access to child care inspection reports
through the department's website.
* NB Validity of local law 23 of 2005 currently a subject of
disagreement between the mayor and the city council.
Section 20-802.
* § 20-802. Informational materials. Every child care provider must
include, along with informational or application materials, a copy of
the most recent summary day care service inspection report. In addition,
informational or application materials furnished to parents and
prospective parents shall explicitly state the maximum capacity of the
child care facility and the number of staff employed by the child care
facility as required by law or regulation.
* NB Validity of local law 23 of 2005 currently a subject of
disagreement between the mayor and the city council.
Section 20-803.
* § 20-803. Notice of violations. Any child care provider that has
been notified by the new york state office of children and family
services or by the new york city department of health and mental hygiene
that it has been cited for having a serious violation of licensing,
registration or permit requirements of either section 390 of the new
york state social services law or the regulations promulgated thereunder
or articles 5 and 47 of title 24 of the new york city health code, must
notify the parents of children receiving care from the child care
provider that the child care provider is in violation of the licensing,
registration or permit requirements within 24 hours of receiving such
notification. The requirement of this provision may be satisfied by
posting a sign on the front door of the child care facility for at least
one week after such notification or by furnishing a copy of the report
specifically noting the violation to all parents of children receiving
care from the child care provider.
* NB Validity of local law 23 of 2005 currently a subject of
disagreement between the mayor and the city council.
Section 20-804.
* § 20-804. Penalties. Any child care provider who violates any
provision of this subchapter or any rule or regulation promulgated
hereunder shall be liable for a civil penalty of not less than two
hundred dollars nor more than one thousand dollars for each violation.
* NB Validity of local law 23 of 2005 currently a subject of
disagreement between the mayor and the city council.
Section 20-805.
* § 20-805. Rules. The commissioner shall have the authority to
promulgate such rules and regulations as the commissioner shall deem
necessary to implement the provisions of this subchapter.
* NB Validity of local law 23 of 2005 currently a subject of
disagreement between the mayor and the city council.
Section 20-806.
* § 20-806. Severability. If any section, subsection, sentence,
clause, phrase or other portion of this subchapter is, for any reason,
declared unconstitutional or invalid, in whole or in part, by any court
of competent jurisdiction, such portion shall be deemed severable, and
such unconstitutionality or invalidity shall not affect the validity of
the remaining portions of this law, which shall continue in full force
and effect.
* NB Validity of local law 23 of 2005 currently a subject of
disagreement between the mayor and the city council.