A04863 Summary:

BILL NO    A04863 

SAME AS    No Same as 

SPONSOR    Curran

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
01/06/2016 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:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4863
 
SPONSOR: Curran (MS)
  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 fami- ly 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, safe- ty 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 estab- lishing 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 neighbor- hood 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4863
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    § 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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