§ 390-A — Standards and training for child day care

§ 390-a. Standards and training for child day care. 1. All office of\nchildren and family services and municipal staff employed to accept\nregistrations, issue licenses or conduct inspections of child day care\nhomes, programs or facilities, subject to the amounts appropriated\ntherefor, shall receive training in at least the following: regulations\npromulgated by the office of children and family services pursuant to\nsection three hundred ninety of this title; child abuse prevention and\nidentification; safety and security procedures in child day care\nsettings, which shall include recognizing the presence of controlled\nsubstances as defined under section thirty-three hundred six of the\npublic health law; the principles of childhood development, and the\nlaws, regulations and procedures governing the protection of children\nfrom abuse or maltreatment.\n 2. No license or registration shall be issued to a family day care\nhome, group family day care home, school age child care program or child\nday care center and no such registration or license shall be renewed\nuntil it can be demonstrated by the employer or licensing agency that\nthere is a procedure developed and implemented, in accordance with\nsection three hundred ninety-b of this title and pursuant to regulations\nof the office of children and family services, to:\n (a) review and evaluate the backgrounds of and information supplied by\nany person applying to be a child day care center or school-age child\ncare program employee or volunteer or group family day care assistant, a\nprovider of family day care or group family day care, or a director of a\nchild day care center, head start day care center or school-age child\ncare program. Such procedures shall include but not be limited to the\nfollowing requirements: that the applicant set forth his or her\nemployment history, provide personal and employment references; submit\nsuch information as is required for screening with the statewide central\nregister of child abuse and maltreatment in accordance with the\nprovisions of section four hundred twenty-four-a of this article; sign a\nsworn statement indicating whether, to the best of his or her knowledge,\nhe or she has ever been convicted of a crime in this state or any other\njurisdiction; and provide his or her fingerprints for submission to the\ndivision of criminal justice services in accordance with the provisions\nof section three hundred ninety-b of this title;\n (b) establish relevant minimal experiential and educational\nqualifications for employees and directors of child day care centers or\nhead start day care center programs;\n (c) assure adequate and appropriate supervision of employees and\nvolunteers of group family day care homes, family day care homes, child\nday care centers and school-age child care programs; and\n (d) demonstrate, in the case of child day care centers, group family\nday care homes, family day care homes and school-age child care programs\nthe existence of specific procedures which will assure the safety of a\nchild who is reported to the state central register of child abuse and\nmaltreatment as well as other children provided care by such homes,\ncenters or programs, immediately upon notification that a report has\nbeen made with respect to a child named in such report while the child\nwas in attendance at such homes, centers or programs.\n (e) establish necessary rules to provide for uniform visitor control\nprocedures, including visitor identification.\n 3. (a) The office of children and family services shall promulgate\nregulations requiring operators, program directors, employees and\nassistants of family day care homes, group family day care homes,\nschool-age child care programs and child day care centers to receive\npre-service and annual training, as applicable. Provided however that\nsuch providers shall be required to receive thirty hours of training\nevery two years; provided, however, any individual or provider who is\nalready in compliance with this subdivision, prior to the effective date\nof the chapter of the laws of two thousand nineteen that amended this\nsubdivision, shall only be required to complete any additional federal\ntraining requirements which they have not already completed in order to\nbe deemed in compliance with this subdivision. Fifteen hours of such\ntraining must be received within the first six months of the initial\nlicensure, registration or employment. Such training requirements shall\nalso apply to any volunteer in such day care homes, programs or centers\nwho has the potential for regular and substantial contact with children.\nThe thirty hours of training required during the first biennial cycle\nafter initial licensure or registration shall include training received\nwhile an application for licensure or registration pursuant to section\nthree hundred ninety of this title is pending. The office of children\nand family services may provide this training through purchase of\nservices.\n (b) The training required in paragraph (a) of this subdivision shall\naddress topics and subject matters required by federal law and the\nfollowing topics or subject matters, unless such topics or subject\nmatters are substantially covered in training that is required pursuant\nto federal law:\n (i) principles of childhood development, focusing on the developmental\nstages of the age groups for which the program provides care;\n (ii) nutrition and health needs of infants and children;\n (iii) child day care program development;\n (iv) safety and security procedures;\n (v) business record maintenance and management;\n (vi) child abuse and maltreatment identification and prevention;\n (vii) statutes and regulations pertaining to child day care;\n (viii) statutes and regulations pertaining to child abuse and\nmaltreatment;\n (ix) for operators, program directors, employees and assistants of\nfamily day care homes, group family day care homes and child day care\ncenters, education and information on the identification, diagnosis and\nprevention of shaken baby syndrome; and\n (x) adverse childhood experiences (ACEs), focused on understanding\ntrauma and on nurturing resiliency.\n (c) For the thirty hours of biennial training required after the\ninitial period of licensure or registration, each provider who can\ndemonstrate basic competency shall determine in which of the specified\ntopics he or she needs further study, based on the provider's experience\nand the needs of the children in the provider's care.\n (d) Family day care home and group family day care home operators\nshall obtain training pertaining to protection of the health and safety\nof children, as required by regulation, prior to the issuance of a\nlicense or registration by the office of children and family services.\n (e) Upon request by the office of children and family services, the\nchild day care applicant or provider shall submit documentation\ndemonstrating compliance with the training requirements of this section.\n 4. No license or registration shall be issued to a family day care\nhome or group family day care home and no such registration shall be\nrenewed if barriers, as defined in paragraph (d) of subdivision one of\nsection three hundred ninety-d of this title, are not present around any\nswimming pool or body of water, as defined in paragraphs (b) and (c) of\nsubdivision one of section three hundred ninety-d of this title, located\non its grounds, pursuant to section three hundred ninety-d of this\ntitle.\n 5. a. The site provider of a family day care home or group family day\ncare home shall provide that at least one employee who holds a valid\ncertification in a course of study in first aid knowledge and skills and\ncardiopulmonary resuscitation, with an emphasis on providing that aid to\nchildren, as approved by the commissioner of the office of children and\nfamily services, be on premises during the operating hours of such\nfamily day care home or group family day care home.\n b. The site supervisor of a school-age child care program shall\nprovide that at least one employee who holds a valid certification in a\ncourse of study in first aid knowledge and skills and cardiopulmonary\nresuscitation, with an emphasis on providing that aid to children, as\napproved by the commissioner of the office of children and family\nservices, be on premises during the operating hours of such school-age\nchild care program.\n c. The director of a child day care center shall provide that at least\none employee who holds a valid certification in a course of study in\nfirst aid knowledge and skills and cardiopulmonary resuscitation, with\nan emphasis on providing that aid to children, as approved by the\ncommissioner of the office of children and family services, be on\npremises during the operating hours of such child day care center.\n