S 9049: Authorizes the office of children and family services to grant temporary, limited flexibility in staff-to-child ratios and group size requirements during documented workforce shortages; requires regulations for child day care centers apply to children under eighteen months of age; defines persons who may qualify to watch children during documented workforce shortages.

  
  STATE OF NEW YORK ________________________________________________________________________ 9049  IN SENATE January 27, 2026 ___________ Introduced by Sen. ROLISON -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, in relation to staffing flexi- bility for licensed child day care programs during workforce short- ages, clarification of director staffing roles, and modification of infant age definitions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds that in 2 response to ongoing child care workforce shortages that continue to 3 reduce availability and affordability for working families across New 4 York state. The goal of this bill is to preserve licensed child care 5 capacity through limited, targeted statutory changes that emphasize 6 child safety while preventing unnecessary closures, reduced enrollment, 7 and punitive enforcement actions for non-safety-related staffing issues. 8 § 2. Subdivision 1 of section 390 of the social services law is 9 amended by adding a new paragraph (h) to read as follows: 10 (h) "Director, operator, or program administrator" means any individ- 11 ual who has primary responsibility for the administration, oversight, 12 and management of a child day care program, including but not limited 13 to: 14 (i) a director or administrator responsible for the day-to-day oper- 15 ations of a child day care center, family day care home, group family 16 day care home, or school-age child care program; 17 (ii) an operator who holds the license or registration for the facili- 18 ty or program; or 19 (iii) any individual designated by the licensee and authorized under 20 regulations of the office of children and family services to perform 21 administrative or supervisory duties. 22 § 3. Paragraphs (d) and (e) of subdivision 1 of section 390 of the 23 social services law, as amended by chapter 117 of the laws of 2010, are 24 amended to read as follows: 25 (d) "Group family day care home" shall mean a program caring for chil- 26 dren for more than three hours per day per child in which child day care EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14422-01-6 
 S. 9049 2 1 is provided in a family home for seven to twelve children of all ages, 2 except for those programs operating as a family day care home, as such 3 term is defined in paragraph (e) of this subdivision, which care for 4 seven or eight children. A group family day care provider may provide 5 child day care services to four additional children if such additional 6 children are of school age and such children receive services only 7 before or after the period such children are ordinarily in school or 8 during school lunch periods, or school holidays, or during those periods 9 of the year in which school is not in session. There shall be one care- 10 giver for every two children under [two years] eighteen months of age in 11 the group family home. A group family day care home must have at least 12 one assistant to the operator present when child day care is being 13 provided to seven or more children when none of the children are school 14 age, or nine or more children when at least two of the children are 15 school age and such children receive services only before or after the 16 period such children are ordinarily in school or during school lunch 17 periods, or school holidays, or during those periods of the year in 18 which school is not in session. This assistant shall be selected by the 19 group family day care operator and shall meet the qualifications estab- 20 lished for such position by the regulations of the office of children 21 and family services. 22 (e) "Family day care home" shall mean a program caring for children 23 for more than three hours per day per child in which child day care is 24 provided in a family home for three to six children. There shall be one 25 caregiver for every two children under [two years] eighteen months of 26 age in the family day care home. A family day care provider may, howev- 27 er, care for seven or eight children at any one time if no more than six 28 of the children are less than school age and the school-aged children 29 receive care primarily before or after the period such children are 30 ordinarily in school, during school lunch periods, on school holidays, 31 or during those periods of the year in which school is not in session in 32 accordance with the regulations of the office of children and family 33 services and the office inspects such home to determine whether the 34 provider can care adequately for seven or eight children. 35 § 4. Section 390 of the social services law is amended by adding a new 36 subdivision 2-b to read as follows: 37 2-b. (a) Notwithstanding any provision of law or regulation to the 38 contrary, the office of children and family services is authorized to 39 grant temporary and limited flexibility in staff-to-child ratios and 40 maximum group size requirements for licensed child day care centers, 41 family day care homes, and group family day care homes during documented 42 workforce shortages. 43 (b) Such temporary flexibility may be granted only where the office of 44 children and family services determines that: 45 (i) the provider has demonstrated a good-faith effort to recruit and 46 retain qualified staff; 47 (ii) the provider is unable to meet staffing requirements due to work- 48 force shortages beyond the provider's reasonable control; and 49 (iii) the provider remains in compliance with all applicable health, 50 safety, and supervision requirements. 51 (c) Any flexibility granted pursuant to this subdivision shall: 52 (i) be time-limited; 53 (ii) not exceed ratio or group size limits established by the office 54 of children and family services pursuant to regulation; and 55 (iii) be subject to periodic review and revocation by the office of 56 children and family services. 
 S. 9049 3 1 (d) The authority granted pursuant to this subdivision shall not be 2 contingent upon a declared state of emergency and may be exercised in 3 response to statewide, regional, or program-specific workforce short- 4 ages, as determined by the office of children and family services. 5 § 5. Section 390 of the social services law is amended by adding a new 6 subdivision 2-c to read as follows: 7 2-c. (a) Notwithstanding any provision of law or regulation to the 8 contrary, a child day care program director, assistant director, or site 9 supervisor who otherwise meets applicable staff qualification require- 10 ments may temporarily serve in a classroom staffing role, including as a 11 lead teacher, for the purpose of maintaining required child supervision 12 during staffing shortages. 13 (b) A licensed child day care program shall not be cited for a staff- 14 ing or ratio violation solely on the basis that a director, assistant 15 director, or site supervisor is serving in a classroom role pursuant to 16 this subdivision, provided that: 17 (i) required supervision of children is maintained; 18 (ii) all applicable health and safety requirements are met; and 19 (iii) such temporary service is documented by the provider. 20 (c) The office of children and family services shall distinguish 21 administrative staffing deficiencies arising from documented workforce 22 shortages from violations that pose a direct and immediate risk to child 23 health or safety, and shall ensure that such administrative deficiencies 24 do not automatically result in adverse licensing actions or insurance- 25 related consequences. 26 § 6. Section 390 of the social services law is amended by adding a 27 new subdivision 10-a to read as follows: 28 10-a. Notwithstanding any other provision of this section, a director, 29 operator, program administrator, or other individual designated by the 30 licensee and authorized under regulations of the office of children and 31 family services may provide direct care and supervision of children in a 32 child day care center, group family day care home, family day care home, 33 or school-age child care program. Such participation shall not consti- 34 tute a violation of licensure or registration requirements, nor shall it 35 serve as a basis for citations, fines, or other penalties, provided that 36 all applicable background checks, training, and qualification require- 37 ments for such individual have been satisfied in accordance with the 38 regulations of the office of children and family services. 39 § 7. This act shall take effect on the one hundred eightieth day after 40 it shall have become a law.