New York A 76: Relates to violations by licensed or registered child care providers; sanctions and penalties for such violations; and administrative appeal of such sanctions and penalties

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A00076 Summary:

BILL NOA00076 

&nbsp

SAME ASSAME AS S01614

&nbsp

SPONSORHevesi

&nbsp

COSPNSRClark, Lavine, Lunsford, Seawright, Shrestha, Steck, McMahon, Tapia, Hooks, Stern, Bronson

&nbsp

MLTSPNSR

&nbsp

Amd §390, Soc Serv L

&nbsp

Relates to defining "critical violations" of applicable statutes and regulations by child care providers licensed or registered by the office of children and family services; the imposition of sanctions and penalties for such violations by the office of children and family services; and processes for administrative appeal of such sanctions and penalties.

Go to top A00076 Actions:

BILL NOA00076 

&nbsp

01/08/2025referred to children and families

01/07/2026referred to children and families

Go to topA00076 Committee&nbspVotes:

Go to topA00076 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00076 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 76

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. HEVESI, CLARK, LAVINE, LUNSFORD -- read once and
 referred to the Committee on Children and Families

 AN ACT to amend the social services law, in relation to defining crit-
 ical violations by child care providers; establishing a portal for
 child care providers to self-report critical violations; clarifying
 certain sanctions, penalties, and other disciplinary actions taken by
 the office of children and family services against child care provid-
 ers for critical violations; and specifying procedures for child care
 providers to appeal such sanctions, penalties, and disciplinary
 actions

 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 four new paragraphs (h), (i), (j) and (k) to read as
 3 follows:
 4 (h) (i) "Critical violation" shall mean:
 5 (A) a fatality, near fatality, or serious physical or emotional injury
 6 of a child who is in the custody of or receiving services from a child
 7 care provider licensed or registered by the office of children and fami-
 8 ly services; or
 9 (B) circumstances which result in a reasonable belief that a child
 10 care provider licensed or registered by the office of children and fami-
 11 ly services failed in its duty to protect a child and, as a result, the
 12 child was at imminent risk of, or suffered serious physical or emotional
 13 injury or death.
 14 (ii) Examples of critical violations may include the failure to
 15 provide proper supervision of children or comply with health and safety
 16 regulations, inadequate staffing levels, and child abuse and maltreat-
 17 ment.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00044-01-5

 A. 76 2

 1 (i) "Serious physical or emotional injury" shall mean an injury which
 2 causes or creates a substantial risk of death, extreme physical pain,
 3 serious or protracted disfigurement, protracted impairment of physical
 4 or emotional health, or protracted loss or impairment of the function of
 5 any bodily member, organ, or mental faculty.
 6 (j) "Abused child" shall mean a child, less than eighteen years of
 7 age, whose parent or other person legally responsible for such child's
 8 care:
 9 (i) inflicts or allows to be inflicted upon such child serious phys-
 10 ical or emotional injury by other than accidental means;
 11 (ii) creates or allows to be created a substantial risk of serious
 12 physical or emotional injury to such child by other than accidental
 13 means;
 14 (iii) commits, or allows to be committed, a sex offense, as defined in
 15 article one hundred thirty of the penal law, against such child;
 16 (iv) permits or encourages such child to engage in any act described
 17 in article two hundred thirty of the penal law;
 18 (v) commits any of the acts described in section 255.25 of the penal
 19 law; or
 20 (vi) allows such child to engage in acts or conduct described in arti-
 21 cle two hundred sixty-three of the penal law; provided, however, that
 22 the corroboration requirements contained in the penal law and the age
 23 requirement for the application of a