New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 6 - Executive Orders (Eliot Spitzer) › Section 6.12 - Executive order no. 12: representation of child care providers

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, child care providers perform an essential service
					 for working parents and guardians in this state by creating a safe, enjoyable
					 and educational home-like environment for their children; and
WHEREAS, many of New York's children spend a significant
					 part of their crucial, early years of development under the supervision of
					 child care providers; and
WHEREAS, to promote the availability of affordable quality
					 child care, it is in the public interest for New York to maintain a child care
					 delivery system that fosters a multiplicity of quality child care options to
					 deliver these vital services; and
WHEREAS, some child care providers receive compensation or
					 benefits, or work in conditions, that may not be commensurate with the value of
					 the work that they perform; and
WHEREAS, long hours, limited benefits and low pay for child
					 care providers can drive them from the market, thereby limiting the
					 availability of quality care; and
WHEREAS, the State of New York regulates certain child care
					 providers, and provides social services districts with funding through block
					 grants to assist low income families in purchasing child care; and
WHEREAS, many child care providers lack an organized voice
					 in governmental decisionmaking on issues that impact the manner in which they
					 carry out their profession; and
WHEREAS, creating a framework for child care providers to
					 secure representation can help improve the environment in which they work, and
					 the benefits and funding that they receive; and
WHEREAS, child care providers should be given the option to
					 organize themselves and select representatives for the purpose of discussing
					 with the State the conditions of their employment, the stability, funding and
					 operation of child care programs, and the expansion of quality child
					 care;
NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and the
					 laws of the State of New York, do hereby order as follows:
1. For purposes of this Order, "child care
				  provider" shall mean an operator of a group family day care home as defined in
				  Social Services Law § 390(1)(d) or a family day care home as defined in
				  Social Services Law § 390(1)(e), or an individual providing child care in
				  a residence to one or more children who are receiving child care assistance
				  under Title 5-C of the Social Services Law under circumstances where the
				  individual is not required to be licensed or registered under Social Services
				  Law § 390, or to be licensed under the Administrative Code of the City of
				  New York.
2. Soley for purposes of
				  this Order, New York's child care providers shall be divided into four
				  representation units:
(a) all child care
				  providers in New York City who are paid from funds administered by New York
				  City pursuant to Social Services Law § 410-u;
(b) all registered or licensed child care
				  providers in New York City who are not paid from funds administered by New York
				  City pursuant to Social Services Law § 410-u;
(c) all registered or licensed child care
				  providers outside New York City; and
(d) all child care providers outside New York
				  City who provide child care in a residence to one or more children who are
				  receiving child care assistance under Title 5-C of the Social Services Law
				  under circumstances where the individual is not required to be licensed or
				  registered under Social Services Law § 390.