Relates to the establishment of a non-traditional hours model; provides that the office of children and family services shall: create a non-traditional hours model within a year, publish its findings on its website, and conduct a review of child care providers and centers that use such model.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4534
SPONSOR: Jensen TITLE OF BILL:
An act to amend the social services law, in relation to the establish-
ment of a non-traditional hours model
PURPOSE OR GENERAL IDEA OF BILL:
This bill requires the office of children and family services to create
new rules and regulations to establish a model for childcare providers
to use if they choose to implement and operate nontraditional childcare
hours.
SUMMARY OF PROVISIONS:
Section one requires the office of children and family services to
establish rules and regulations for a model for non-traditional child-
care hours for childcare providers to use. The model is required to
include the hours that constitute non-traditional hours, staffing
requirements, program payment rates, and any other requirements that the
office of children and family services may have. Further, OCFS will
conduct a review of childcare providers using this non-traditional hours
model and publish a public report once a year on the effectiveness and
make adjustments as needed.
Section two establishes the effective date.
JUSTIFICATION:
New York state is facing a major childcare shortage and the state must
take action to address this shortage. By creating a model for non-tradi-
tional childcare hours, providers will have more clarity and ability to
start nontraditional hours programs. These non-traditional hours
programs will benefit parents who work a job with non-traditional hours,
be it night shifts or on weekends. With more jobs leaving the tradi-
tional nine-to-five framework, these non-traditional hours childcare
programs will give great flexibility to working parents and give these
working parents more peace of mind that their children are at safe and
good childcare program.
PRIOR LEGISLATIVE HISTORY:
2023/24: A9126
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4534
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. JENSEN -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to the establish-
ment of a non-traditional hours model
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 a new paragraph (h) to read as follows:
3 (h) (i) "Non-traditional hours" shall mean any day care services as
4 defined by this article that take place in the evening, night, or week-
5 end that support families with child care needs that do not occur during
6 traditional business hours.
7 (ii) Within a year of the effective date of this section the office of
8 children and family services shall create a non-traditional hours model
9 that child care providers may use to implement non-traditional hours
10 programs. Such model shall include such:
11 (1) hours in which non-traditional hours programs may operate;
12 (2) number of children allowed to be cared for with such model at each
13 given child day care center;
14 (3) staffing requirements for non-traditional hours programs;
15 (4) payment rate for non-traditional hours programs; and
16 (5) licensure requirements necessary to implement and run non-tradi-
17 tional hours programs.
18 (iii) The office of children and family services shall promulgate such
19 rules and regulations as necessary to implement such model in conjunc-
20 tion with existing requirements, pursuant to this article.
21 (iv) The office of children and family services shall post information
22 of such model on its website and send such information to child care
23 providers and child care centers.
24 (v) Within ninety days following its post on such model on its website
25 pursuant to subparagraph (iv) of this paragraph, the office of children
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02821-01-5
A. 4534 2
1 and family services shall conduct a review of child care providers and
2 centers that use such model and publish a public report, once annually,
3 on its effectiveness. The office of children and family services shall
4 make adjustments to such model as necessary.
5 § 2. This act shall take effect immediately.
