Subchapter 15* - DISCLOSURE OF INFORMATION BY CHILD CARE FACILITIES

Section 20-800.

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.

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.

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.

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.

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.

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.

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.