2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 390-A - Standards and Training for Child Day Care.

§  390-a.  Standards and training for child day care. 1. All office of
children and family services and  municipal  staff  employed  to  accept
registrations,  issue  licenses or conduct inspections of child day care
homes, programs or  facilities,  subject  to  the  amounts  appropriated
therefor,  shall receive training in at least the following: regulations
promulgated by the office of children and family  services  pursuant  to
section  three  hundred ninety of this title; child abuse prevention and
identification;  safety  and  security  procedures  in  child  day  care
settings;  the  principles  of  childhood  development,  and  the  laws,
regulations and procedures governing the  protection  of  children  from
abuse or maltreatment.
2.  No  license  or  registration shall be issued to a family day care
home, group family day care home, school age child care program or child
day care center and no such registration or  license  shall  be  renewed
until  it  can  be demonstrated by the employer or licensing agency that
there is a procedure  developed  and  implemented,  in  accordance  with
section three hundred ninety-b of this title and pursuant to regulations
of the office of children and family services, to:
(a) review and evaluate the backgrounds of and information supplied by
any  person  applying  to be a child day care center or school-age child
care program employee or volunteer or group family day care assistant, a
provider of family day care or group family day care, or a director of a
child day care center, head start day care center  or  school-age  child
care  program.  Such  procedures shall include but not be limited to the
following  requirements:  that  the  applicant  set  forth  his  or  her
employment  history,  provide personal and employment references; submit
such information as is required for screening with the statewide central
register  of  child  abuse  and  maltreatment  in  accordance  with  the
provisions of section four hundred twenty-four-a of this article; sign a
sworn statement indicating whether, to the best of his or her knowledge,
he  or she has ever been convicted of a crime in this state or any other
jurisdiction; and provide his or her fingerprints for submission to  the
division  of criminal justice services in accordance with the provisions
of section three hundred ninety-b of this title;
(b)  establish   relevant   minimal   experiential   and   educational
qualifications  for employees and directors of child day care centers or
head start day care center programs;
(c) assure adequate  and  appropriate  supervision  of  employees  and
volunteers  of group family day care homes, family day care homes, child
day care centers and school-age child care programs; and
(d) demonstrate, in the case of child day care centers,  group  family
day care homes, family day care homes and school-age child care programs
the  existence  of specific procedures which will assure the safety of a
child who is reported to the state central register of child  abuse  and
maltreatment  as  well  as  other  children provided care by such homes,
centers or programs, immediately upon notification  that  a  report  has
been  made  with respect to a child named in such report while the child
was in attendance at such homes, centers or programs.
(e) establish necessary rules to provide for uniform  visitor  control
procedures, including visitor identification.
3.  (a)  The  office  of children and family services shall promulgate
regulations  requiring  operators,  program  directors,  employees   and
assistants  of  family  day  care  homes,  group  family day care homes,
school-age child care programs and child day  care  centers  to  receive
pre-service  and  annual  training, as applicable. Provided however that
such providers shall be required to receive  thirty  hours  of  training
every  two  years;  provided, however, any individual or provider who is
already in compliance with this subdivision, prior to the effective date

of the chapter of the laws of two thousand nineteen  that  amended  this
subdivision,  shall  only be required to complete any additional federal
training requirements which they have not already completed in order  to
be  deemed  in  compliance  with this subdivision. Fifteen hours of such
training must be received within the first six  months  of  the  initial
licensure,  registration or employment. Such training requirements shall
also apply to any volunteer in such day care homes, programs or  centers
who has the potential for regular and substantial contact with children.
The  thirty  hours  of training required during the first biennial cycle
after initial licensure or registration shall include training  received
while  an  application for licensure or registration pursuant to section
three hundred ninety of this title is pending. The  office  of  children
and  family  services  may  provide  this  training  through purchase of
services.
(b) The training required in paragraph (a) of this  subdivision  shall
address  topics  and  subject  matters  required  by federal law and the
following topics or subject  matters,  unless  such  topics  or  subject
matters  are substantially covered in training that is required pursuant
to federal law:
(i) principles of childhood development, focusing on the developmental
stages of the age groups for which the program provides care;
(ii) nutrition and health needs of infants and children;
(iii) child day care program development;
(iv) safety and security procedures;
(v) business record maintenance and management;
(vi) child abuse and maltreatment identification and prevention;
(vii) statutes and regulations pertaining to child day care;
(viii)  statutes  and  regulations  pertaining  to  child  abuse   and
maltreatment;
(ix)  for  operators,  program  directors, employees and assistants of
family day care homes, group family day care homes and  child  day  care
centers,  education and information on the identification, diagnosis and
prevention of shaken baby syndrome; and
(x) adverse childhood experiences  (ACEs),  focused  on  understanding
trauma and on nurturing resiliency.
(c)  For  the  thirty  hours  of  biennial training required after the
initial period of licensure  or  registration,  each  provider  who  can
demonstrate  basic  competency shall determine in which of the specified
topics he or she needs further study, based on the provider's experience
and the needs of the children in the provider's care.
(d) Family day care home and group  family  day  care  home  operators
shall  obtain training pertaining to protection of the health and safety
of children, as required by regulation,  prior  to  the  issuance  of  a
license or registration by the office of children and family services.
(e)  Upon  request  by the office of children and family services, the
child  day  care  applicant  or  provider  shall  submit   documentation
demonstrating compliance with the training requirements of this section.
4.  No  license  or  registration shall be issued to a family day care
home or group family day care home and no  such  registration  shall  be
renewed  if  barriers, as defined in paragraph (d) of subdivision one of
section three hundred ninety-d of this title, are not present around any
swimming pool or body of water, as defined in paragraphs (b) and (c)  of
subdivision one of section three hundred ninety-d of this title, located
on  its  grounds,  pursuant  to  section  three hundred ninety-d of this
title.
5. a. The site provider of a family day care home or group family  day
care  home  shall  provide  that at least one employee who holds a valid
certification in a course of study in first aid knowledge and skills and

cardiopulmonary resuscitation, with an emphasis on providing that aid to
children, as approved by the commissioner of the office of children  and
family  services,  be  on  premises  during  the operating hours of such
family day care home or group family day care home.
b.  The  site  supervisor  of  a  school-age  child care program shall
provide that at least one employee who holds a valid certification in  a
course  of  study  in first aid knowledge and skills and cardiopulmonary
resuscitation, with an emphasis on providing that aid  to  children,  as
approved  by  the  commissioner  of  the  office  of children and family
services, be on premises during the operating hours of  such  school-age
child care program.
c. The director of a child day care center shall provide that at least
one  employee  who  holds  a valid certification in a course of study in
first aid knowledge and skills and cardiopulmonary  resuscitation,  with
an  emphasis  on  providing  that  aid  to  children, as approved by the
commissioner of the office  of  children  and  family  services,  be  on
premises during the operating hours of such child day care center.