A 10025: Requires one caregiver for every two children under eighteen months of age in group family day care homes and family day care homes.

  
  STATE OF NEW YORK ________________________________________________________________________ 10025  IN ASSEMBLY January 30, 2026 ___________ Introduced by M. of A. CLARK -- read once and referred to the Committee on Children and Families AN ACT to amend the social services law, in relation to caregiver requirements for certain day care homes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (d) and (e) of subdivision 1 of section 390 of 2 the social services law, as amended by chapter 117 of the laws of 2010, 3 are amended to read as follows: 4 (d) "Group family day care home" shall mean a program caring for chil- 5 dren for more than three hours per day per child in which child day care 6 is provided in a family home for seven to twelve children of all ages, 7 except for those programs operating as a family day care home, as such 8 term is defined in paragraph (e) of this subdivision, which care for 9 seven or eight children. A group family day care provider may provide 10 child day care services to four additional children if such additional 11 children are of school age and such children receive services only 12 before or after the period such children are ordinarily in school or 13 during school lunch periods, or school holidays, or during those periods 14 of the year in which school is not in session. There shall be one care- 15 giver for every two children under [two years] eighteen months of age in 16 the group family home. A group family day care home must have at least 17 one assistant to the operator present when child day care is being 18 provided to seven or more children when none of the children are school 19 age, or nine or more children when at least two of the children are 20 school age and such children receive services only before or after the 21 period such children are ordinarily in school or during school lunch 22 periods, or school holidays, or during those periods of the year in 23 which school is not in session. This assistant shall be selected by the 24 group family day care operator and shall meet the qualifications estab- 25 lished for such position by the regulations of the office of children 26 and family services. 27 (e) "Family day care home" shall mean a program caring for children 28 for more than three hours per day per child in which child day care is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06768-01-5 
 A. 10025 2 1 provided in a family home for three to six children. There shall be one 2 caregiver for every two children under [two years] eighteen months of 3 age in the family day care home. A family day care provider may, howev- 4 er, care for seven or eight children at any one time if no more than six 5 of the children are less than school age and the school-aged children 6 receive care primarily before or after the period such children are 7 ordinarily in school, during school lunch periods, on school holidays, 8 or during those periods of the year in which school is not in session in 9 accordance with the regulations of the office of children and family 10 services and the office inspects such home to determine whether the 11 provider can care adequately for seven or eight children. 12 § 2. This act shall take effect on the one hundred eightieth day after 13 it shall have become a law.