S 1197: Requires daycare facilities to maintain evacuation and lockdown plans for children with disabilities during an emergency situation.

  
  STATE OF NEW YORK ________________________________________________________________________ 1197 2025-2026 Regular Sessions  IN SENATE January 8, 2025 ___________ Introduced by Sens. ADDABBO, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Disabilities AN ACT to amend the social services law, in relation to requiring daycare facilities to maintain evacuation and lockdown plans for chil- dren with disabilities during an emergency situation 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-n to read as follows: 3 § 390-n. Emergency evacuation and lockdown plans for children with 4 disabilities in daycare facilities. 1. (a) Notwithstanding any provision 5 of law to the contrary, it shall be the duty of every owner and/or oper- 6 ator of a child daycare facility operating in the state to establish and 7 maintain emergency evacuation and lockdown plans for children with disa- 8 bilities within one hundred twenty days of the effective date of this 9 section. For purposes of this section, "child daycare facility" shall 10 include the child care programs set forth in subdivision one of section 11 three hundred ninety of this title, except for an "enrolled legally 12 exempt provider" as such term is defined in paragraph (g) of such subdi- 13 vision. 14 (b) The emergency evacuation and lockdown plan shall be provided to 15 the office of children and family services within seven days of the plan 16 being finalized. 17 2. Each emergency evacuation and lockdown plan required pursuant to 18 this section shall include, but not be limited to, the following 19 elements: 20 (a) procedures for evacuating children with disabilities; 21 (b) lockdown procedures for children with disabilities; 22 (c) a list of children attending the daycare facility who have a disa- 23 bility and who would need assistance during an evacuation, lockdown or 24 any other emergency situation; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01929-01-5 
 S. 1197 2 1 (d) the location and type of evacuation or lockdown assistance devices 2 or assistive technologies that are available within the daycare facili- 3 ty. 4 3. To the extent practicable, each emergency evacuation and lockdown 5 plan shall take into account the particular disabilities the children in 6 the daycare facility may have. 7 4. (a) Each daycare facility shall make the plan required pursuant to 8 this section available upon request to: 9 (i) local law enforcement and emergency responders; 10 (ii) employees and other personnel of the programs as deemed necessary 11 for purposes of being able to carry out and comply with the emergency 12 evacuation and lockdown plans set forth in this section; and 13 (iii) a parent or custodian; provided, however, a parent or custodian 14 may only receive plan information that pertains directly to a child in 15 their care and custody. 16 (b) All information related to a youth's diagnoses, disabilities, or 17 identification must remain confidential as required by federal and state 18 law. 19 4. A copy of the plan shall be maintained at all times in a place 20 easily accessible by law enforcement, emergency responders and daycare 21 facility employees. 22 5. On an annual basis, every daycare facility shall update the plan 23 and provide the office of children and family services, parents and 24 facility employees with notice detailing the updated provisions of such 25 plan, in accordance with the provisions set forth in this section. 26 § 2. This act shall take effect immediately.