NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4003
SPONSOR: Clark
 
TITLE OF BILL:
An act to amend the social services law, in relation to caregiver
requirements for certain day care homes
 
PURPOSE::
To lower the age of an "infant" from 2 years to 18 months for group
family day care homes and family day care homes.
 
SUMMARY OF PROVISIONS::
Section 1 amends the social services law to change the definition of an
infant to 18 months for group family day care homes and family day care
homes for supervisory purposes.
Section is the effective date.
 
JUSTIFICATION::
Office of Children and Family (OCFS) regulations state that an infant is
18 months of age and under (NYCRR 18 413.2), which applies to child day
care centers. However, for group family day care home and family day
care home programs, the age of a toddler is up to 24 months (§ 390(1)(d,
e)). The higher age set in law limits the availability of infant child-
care slots throughout the state because providers must utilize addi-
tional staff resources to maintain required ratios.
Changing the definition of toddler for these programs will free up
hundreds or possibly more infant childcare slots, which are the most in
demand throughout the state. The slots will be created without any loss
of quality or safety and without any new financial investments.
At a time when we are facing a severe shortage of licensed and quality
childcare slots, especially for infants, it would make sense to align
these definitions. If a toddler is up to 18-months of age in a child
care center, it would only make sense for it to be the same in home
based programs.
 
FISCAL IMPACT ON THE STATE:
None
 
LEGISLATIVE HISTORY::
New bill.
 
EFFECTIVE DATE::
This act shall take effect 180 days after having become law.