A03190 Summary:

BILL NOA03190
 
SAME ASNo Same As
 
SPONSORRosenthal (MS)
 
COSPNSRPaulin, Miller
 
MLTSPNSRCook
 
Add §390-aa, Soc Serv L
 
Requires licensed day care facilities to contact a child's parent or guardian if they are absent from day care, with no prior notice given, within thirty minutes after such child is recorded as absent.
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A03190 Actions:

BILL NOA03190
 
01/23/2025referred to children and families
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A03190 Committee Votes:

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A03190 Floor Votes:

There are no votes for this bill in this legislative session.
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A03190 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3190
 
SPONSOR: Rosenthal (MS)
  TITLE OF BILL: An act to amend the social services law, in relation to requiring licensed day care facilities to contact a child's parent or guardian if they are absent   PURPOSE: This legislation will require child daycare facilities to promptly noti- fy parents when their child has not been dropped off at daycare within 30 minutes of their scheduled arrival time.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the social services law by adding a new section 390- aa. Section two sets forth the effective date.   JUSTIFICATION: In July of 2019, a pair of one-year-old twins tragically died after being forgotten in the back seat of a hot car. Their father reported to work, not realizing he had not dropped the children off at daycare, only realizing his mistake upon leaving work later that day. Horrendous accidents such as this one are unfortunately not uncommon, with an aver- age of 38 deaths occurring nationwide under these circumstances each year. These memory lapses may occur with anyone but can become even more common when a person drives the same route each day, allowing their mind to go on "autopilot" and forget stops along the way. Increased stress and a lack of sleep may also contribute to a person forgetting to complete certain tasks, no matter how important they may be. Promptly notifying parents when a child has not been dropped off to daycare will help to prevent future tragedies.   LEGISLATIVE HISTORY: 2023-24: A.950 - Referred to Children and Families 2021-22: A.3404 - Referred to Children and Families 2019-20: A.8591 - Referred to Children and Families   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A03190 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3190
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2025
                                       ___________
 
        Introduced  by  M. of A. ROSENTHAL, PAULIN, MILLER -- Multi-Sponsored by
          -- M. of A.  COOK -- read once and referred to the Committee on  Chil-
          dren and Families
 
        AN  ACT  to  amend  the  social  services  law, in relation to requiring
          licensed day care facilities to contact a child's parent  or  guardian
          if they are absent

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The social services law is amended by adding a new  section
     2  390-aa to read as follows:
     3    § 390-aa. Child absence confirmation. 1. For purposes of this section,
     4  the following terms shall have the following meanings:
     5    (a)  "Absent"  or "absence" shall mean any child who is expected to be
     6  present for day care services who has not arrived at the scheduled drop-
     7  off time.
     8    (b) "Child day care provider" shall have the same meaning  as  defined
     9  in  paragraph  (b) of subdivision one of section three hundred ninety of
    10  this title.
    11    (c) "Group family day care  home"  shall  have  the  same  meaning  as
    12  defined  in  paragraph  (d)  of subdivision one of section three hundred
    13  ninety of this title.
    14    (d) "Family day care home" shall have the same meaning as  defined  in
    15  paragraph (e) of subdivision one of section three hundred ninety of this
    16  title.
    17    (e)  "School age child care" shall have the same meaning as defined in
    18  paragraph (f) of subdivision one of section three hundred ninety of this
    19  title.
    20    2. (a) All child day care providers, school age child  care  programs,
    21  group  family  day care homes and family day care homes within the state
    22  shall be required to contact a child's parent or guardian in  the  event
    23  such  child  is absent on a given day, when prior notice of such child's

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05641-01-5

        A. 3190                             2
 
     1  absence has not been  provided,  to  confirm  such  child's  absence  is
     2  expected and the parent or guardian is aware of such absence.
     3    (b)  Such  day  care  providers,  programs or homes shall contact such
     4  parent or guardian by phone within thirty minutes after recording that a
     5  child is absent on such day.
     6    § 2. This act shall take effect immediately.
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