A04863 Summary:

BILL NO    A04863 

SAME AS    No same as 

SPONSOR    Curran (MS)

COSPNSR    Finch

MLTSPNSR   Lawrence

Amd S390, Soc Serv L

Allows neighborhoods an opportunity to be heard regarding the licensing of a
child day care center caring for seven or more children or a group family day
care program.
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A04863 Actions:

BILL NO    A04863 

02/09/2015 referred to children and families
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A04863 Votes:

There are no votes for this bill in this legislative session.
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A04863 Memo:

BILL NUMBER:A4863

TITLE OF BILL:  An act to amend the social services law, in relation
to allowing neighborhoods an opportunity to be heard regarding the
licensing of a child day care center caring for seven or more children
or a group family day care program

PURPOSE OR GENERAL IDEA OF BILL:

To provide neighborhoods an opportunity to object to the licensing of
a child day care center caring for seven or more children or a group
family day care program should licensing that day care provider in
that neighborhood harm the health, safety or welfare of the
neighborhood, or bring an undesirable change to the character of the
neighborhood or create a detriment to nearby properties.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 390 of the social service law to add a new
subdivision 1-a, to require that when an applicant for a license for a
child day care center caring for seven or more children or a group
home family day care program that intends to establish such child day
care in a residential only zoned area, the department must provide
notice of such to the neighborhood and give the neighbors an
opportunity to object to such. The department must consider the
detriment to the health, safety and welfare of the neighborhood or
community before granting the license, and must also consider whether
an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:

Child day care centers and group family day care programs licensed
under social services law section 390 are intended to provide
neighborhood based child care for the children of that community.
Although they are regulated by the department, they are not treated
with the same scrutiny as other businesses.  Unfortunately,
entrepreneurs are taking advantage of the broad language of section
390 to bring day care businesses into residential areas to serve
clients outside the neighborhood. Established residents are seeing
strangers move in for the sole purpose of establishing a day care, and
experiencing increased traffic, safety issues and potential decrease
in property values. This legislation is aimed at restoring the true
nature of section 390 by giving a community the opportunity to alert
the department prior to the licensing of such a child care program
without impeding the establishment of true neighborhood based
programs.

PRIOR LEGISLATIVE HISTORY:

2013-2014: Referred and held for consideration in children and
families

FISCAL IMPLICATIONS:


None

EFFECTIVE DATE:

This act shall take effect immediately.
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A04863 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4863

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 9, 2015
                                      ___________

       Introduced  by  M.  of A. CURRAN, FINCH -- read once and referred to the
         Committee on Children and Families

       AN ACT to amend the social services law, in relation to allowing  neigh-
         borhoods an opportunity to be heard regarding the licensing of a child
         day  care  center  caring for seven or more children or a group family
         day care program

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 390 of the social services law is amended by adding
    2  a new subdivision 1-a to read as follows:
    3    1-A.  IF AN APPLICANT FOR A LICENSE FOR EITHER A CHILD DAY CARE CENTER
    4  CARING FOR SEVEN OR MORE CHILDREN OR A GROUP  FAMILY  DAY  CARE  PROGRAM
    5  INTENDS  TO  ESTABLISH  SUCH  CHILD DAY CARE AT A LOCATION THAT IS ZONED
    6  ONLY AS RESIDENTIAL, PRIOR TO GRANTING SUCH A  LICENSE,  THE  DEPARTMENT
    7  MUST  PROVIDE  THE  NEIGHBORHOOD  IN  WHICH  SUCH CHILD DAY CARE WILL BE
    8  LOCATED, AN OPPORTUNITY TO BE HEARD. NOTICE MUST BE GIVEN IN  COMPLIANCE
    9  WITH  PROCEDURES  DETERMINED  BY THE COMMISSIONER AND SHALL INCLUDE, BUT
   10  NOT BE LIMITED TO, WRITTEN NOTICE TO  ALL  OWNERS  AND/OR  OCCUPANTS  OF
   11  RESIDENCES WITHIN A FIVE RESIDENCE RADIUS OF THE PROPOSED CHILD DAY CARE
   12  LOCATION, AND SHALL PROVIDE A METHOD FOR THOSE NOTIFIED TO OBJECT TO THE
   13  LICENSING  OF SUCH CHILD DAY CARE. AN OBJECTION SHALL QUALIFY THE MATTER
   14  TO BE TREATED AS AN ADJUDICATORY PROCEEDING AS PROVIDED FOR  IN  ARTICLE
   15  THREE  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT.  THE DEPARTMENT WILL
   16  MAKE THE FINAL DETERMINATION AS TO THE LICENSING OF AN OPPOSED CHILD DAY
   17  CARE LOCATION. IN MAKING ITS DETERMINATION, THE  DEPARTMENT  SHALL  TAKE
   18  INTO  CONSIDERATION THE BENEFIT TO THE APPLICANT AND THE NEIGHBORHOOD IF
   19  THE LICENSE IS GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE  HEALTH,
   20  SAFETY  AND  WELFARE  OF THE NEIGHBORHOOD OR COMMUNITY BY SUCH GRANT. IN
   21  MAKING SUCH DETERMINATION THE DEPARTMENT SHALL ALSO CONSIDER WHETHER  AN
   22  UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD
   23  OR  A  DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE GRANTING OF
   24  THE LICENSE.
   25    S 2. This act shall take effect immediately.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07957-01-5
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