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A02474 Summary:

BILL NOA02474
 
SAME ASNo Same As
 
SPONSORJoyner
 
COSPNSR
 
MLTSPNSR
 
Amd 390, Soc Serv L
 
Relates to the investigation of illegally operating child day care services, including the review process of applicable advertisements.
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A02474 Actions:

BILL NOA02474
 
01/20/2017referred to children and families
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A02474 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2474
 
SPONSOR: Joyner
  TITLE OF BILL: An act to amend the social services law, in relation to investigation of illegally operating child day care services   PURPOSE: To provide greater protection to families in regard to child care oper- ations by mandating the office of children and family services to inves- tigate current child care operations advertising their services in New York State.   SUMMARY OF PROVISIONS: Section 1 of this bill amends subdivision 1 of section 390 of the Social Services Law by adding a new paragraph (g) to define the term "Internet advertisement," which shall mean any advertising of child day care services through the medium of the Internet. Section 2 of this bill renumbers subdivisions 11, 12 and 13 to 12, 13, and 14, and a new subdivision 11 is added to provide that the Office of Children and Family Services (OCFS) periodically review at least once a month any Internet advertisements offering child day care services. The review must include advertisements from each county in New York State. Further, OCFS must adopt a procedure to implement this review. This procedure has to include identification and further investigation of providers who are not registered or licensed, and cannot provide the child day care services to an additional child without violating this section or any regulations promulgated from this section. Section 3 of this bill provides that this act shall take effect imme- diately.   EXISTING LAW: Currently, there is no affirmative duty to investigate on the part of the office of children and family services. Their only obligation is to review any complaints they receive from the hotline in regard to child care operations. They do not have to conduct any regular investigations or audits. Their only responsibility is to react to any complaint, but not take charge and review these operations independently.   JUSTIFICATION: This legislation will give OCFS the affirmative duty to investigate and audit child care operations that are using the Internet to advertise services in New York State. These investigations will help to reduce the number of illegal child care services operating, and encourage licensed operations to only take on children within the legal limit. The State Comptroller conducted an audit in August 2014 of OCFS and found that there were many illegal child care operations advertising services online. The Comptroller also discovered that child care oper- ations were willing to take on children over the set legal limit. This legislation would help to give OCFS the affirmative duty to protect children by making sure that child day care providers are not taking children over the legal limit, and parents have the resources that will guide them toward legal child day care services by working to shut down those day care services advertising illegal services.   LEGISLATIVE HISTORY: 2016 - Substituted by S1706a, Rules Report cal. 392, Referred to Rules   FISCAL IMPLICATIONS TO THE STATE: Undetermined   EFFECTIVE DATE: This act shall take effect immediately.
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A02474 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2474
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2017
                                       ___________
 
        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Children and Families
 
        AN ACT to amend the social services law, in relation to investigation of
          illegally operating child day care services
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 390 of the social services law  is
     2  amended by adding a new paragraph (g) to read as follows:
     3    (g)  "Internet  advertisement" shall mean any advertising or promotion
     4  of child day care services through the medium of internet.
     5    § 2. Subdivisions 11, 12 and 13 of section 390 of the social  services
     6  law, paragraph (b) of subdivision 12 as relettered by chapter 117 of the
     7  laws of 2010, are renumbered subdivisions 12, 13 and 14 and a new subdi-
     8  vision 11 is added to read as follows:
     9    11.  (a) The office of children and family services shall periodically
    10  review, not less than once a  month,  internet  advertisements  offering
    11  child  day  care services. Such review shall include internet advertise-
    12  ments from each county in this state.
    13    (b) The office of children and family services shall,  no  later  than
    14  ninety days after the effective date of this subdivision, adopt a proce-
    15  dure  for  implementation of this subdivision, provided that such proce-
    16  dure includes identification and further investigation of providers who:
    17    (i) are not registered or licensed, as required by this section or any
    18  regulations promulgated thereunder; and
    19    (ii) cannot provide the child day care services to an additional child
    20  without violating this section or  any  regulations  promulgated  there-
    21  under.
    22    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06711-01-7
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