2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 1 - (371 - 392) CARE AND PROTECTION OF CHILDREN
390-A - Standards and training for child day care.

 
    §  390-a.  Standards and training for child day care. 1. All office of
  children and family services and  municipal  staff  employed  to  accept
  registrations,  issue  licenses or conduct inspections of child day care
  homes, programs or  facilities,  subject  to  the  amounts  appropriated
  therefor,  shall receive training in at least the following: regulations
  promulgated by the office of children and family  services  pursuant  to
  section  three  hundred ninety of this title; child abuse prevention and
  identification;  safety  and  security  procedures  in  child  day  care
  settings;  the  principles  of  childhood  development,  and  the  laws,
  regulations and procedures governing the  protection  of  children  from
  abuse or maltreatment.
    2.  No  license  or  registration shall be issued to a family day care
  home, group family day care home, school age child care program or child
  day care center and no such registration or  license  shall  be  renewed
  until  it  can  be demonstrated by the employer or licensing agency that
  there is a procedure  developed  and  implemented,  in  accordance  with
  section three hundred ninety-b of this title and pursuant to regulations
  of the office of children and family services, to:
    (a) review and evaluate the backgrounds of and information supplied by
  any  person  applying  to be a child day care center or school-age child
  care program employee or volunteer or group family day care assistant, a
  provider of family day care or group family day care, or a director of a
  child day care center, head start day care center  or  school-age  child
  care  program.  Such  procedures shall include but not be limited to the
  following  requirements:  that  the  applicant  set  forth  his  or  her
  employment  history,  provide personal and employment references; submit
  such information as is required for screening with the statewide central
  register  of  child  abuse  and  maltreatment  in  accordance  with  the
  provisions of section four hundred twenty-four-a of this article; sign a
  sworn statement indicating whether, to the best of his or her knowledge,
  he  or she has ever been convicted of a crime in this state or any other
  jurisdiction; and provide his or her fingerprints for submission to  the
  division  of criminal justice services in accordance with the provisions
  of section three hundred ninety-b of this title;
    (b)  establish   relevant   minimal   experiential   and   educational
  qualifications  for employees and directors of child day care centers or
  head start day care center programs;
    (c) assure adequate  and  appropriate  supervision  of  employees  and
  volunteers  of group family day care homes, family day care homes, child
  day care centers and school-age child care programs; and
    (d) demonstrate, in the case of child day care centers,  group  family
  day care homes, family day care homes and school-age child care programs
  the  existence  of specific procedures which will assure the safety of a
  child who is reported to the state central register of child  abuse  and
  maltreatment  as  well  as  other  children provided care by such homes,
  centers or programs, immediately upon notification  that  a  report  has
  been  made  with respect to a child named in such report while the child
  was in attendance at such homes, centers or programs.
    (e) establish necessary rules to provide for uniform  visitor  control
  procedures, including visitor identification.
    3.  (a)  The  office  of children and family services shall promulgate
  regulations  requiring  operators,  program  directors,  employees   and
  assistants  of  family  day  care  homes,  group  family day care homes,
  school-age child care programs and child day  care  centers  to  receive
  thirty  hours  of  training  every  two  years;  provided, however, that
  fifteen hours of such training must be received  within  the  first  six
  months  of  the  initial  licensure,  registration  or  employment. Such
  training requirements shall also apply to any volunteer in such day care

  homes, programs or  centers  who  has  the  potential  for  regular  and
  substantial contact with children. The thirty hours of training required
  during  the first biennial cycle after initial licensure or registration
  shall  include  training  received while an application for licensure or
  registration pursuant to section three hundred ninety of this  title  is
  pending.  The  office  of  children and family services may provide this
  training through purchase of services.
    (b) The training required in paragraph (a) of this  subdivision  shall
  address the following topics:
    (i) principles of childhood development, focusing on the developmental
  stages of the age groups for which the program provides care;
    (ii) nutrition and health needs of infants and children;
    (iii) child day care program development;
    (iv) safety and security procedures;
    (v) business record maintenance and management;
    (vi) child abuse and maltreatment identification and prevention;
    (vii) statutes and regulations pertaining to child day care;
    (viii)   statutes  and  regulations  pertaining  to  child  abuse  and
  maltreatment; and
    (ix) for operators, program directors,  employees  and  assistants  of
  family  day  care  homes, group family day care homes and child day care
  centers, education and information on the identification, diagnosis  and
  prevention of shaken baby syndrome.
    (c)  For  the  thirty  hours  of  biennial training required after the
  initial period of licensure  or  registration,  each  provider  who  can
  demonstrate  basic  competency shall determine in which of the specified
  topics he or she needs further study, based on the provider's experience
  and the needs of the children in the provider's care.
    (d) Family day care home and group  family  day  care  home  operators
  shall  obtain training pertaining to protection of the health and safety
  of children, as required by regulation,  prior  to  the  issuance  of  a
  license or registration by the office of children and family services.
    (e)  Upon  request  by the office of children and family services, the
  child  day  care  applicant  or  provider  shall  submit   documentation
  demonstrating compliance with the training requirements of this section.
    4.  No  license  or  registration shall be issued to a family day care
  home or group family day care home and no  such  registration  shall  be
  renewed  if  barriers, as defined in paragraph (d) of subdivision one of
  section three hundred ninety-d of this title, are not present around any
  swimming pool or body of water, as defined in paragraphs (b) and (c)  of
  subdivision one of section three hundred ninety-d of this title, located
  on  its  grounds,  pursuant  to  section  three hundred ninety-d of this
  title.
    5. a. The site provider of a family day care home or group family  day
  care  home  shall  provide  that at least one employee who holds a valid
  certification in a course of study in first aid knowledge and skills and
  cardiopulmonary resuscitation, with an emphasis on providing that aid to
  children, as approved by the commissioner of the office of children  and
  family  services,  be  on  premises  during  the operating hours of such
  family day care home or group family day care home.
    b. The site supervisor  of  a  school-age  child  care  program  shall
  provide  that at least one employee who holds a valid certification in a
  course of study in first aid knowledge and  skills  and  cardiopulmonary
  resuscitation,  with  an  emphasis on providing that aid to children, as
  approved by the commissioner  of  the  office  of  children  and  family
  services,  be  on premises during the operating hours of such school-age
  child care program.

    c. The director of a child day care center shall provide that at least
  one employee who holds a valid certification in a  course  of  study  in
  first  aid  knowledge and skills and cardiopulmonary resuscitation, with
  an emphasis on providing that  aid  to  children,  as  approved  by  the
  commissioner  of  the  office  of  children  and  family services, be on
  premises during the operating hours of such child day care center.