Bill Text: NY A04863 | 2015-2016 | General Assembly | Introduced

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Bill Title: Allows neighborhoods an opportunity to be heard regarding the licensing of a child day care center caring for seven or more children or a group family day care program.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2016-01-06 - referred to children and families [A04863 Detail]

Download: New_York-2015-A04863-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4863
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2015
                                      ___________
       Introduced  by  M.  of A. CURRAN, FINCH -- read once and referred to the
         Committee on Children and Families
       AN ACT to amend the social services law, in relation to allowing  neigh-
         borhoods an opportunity to be heard regarding the licensing of a child
         day  care  center  caring for seven or more children or a group family
         day care program
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 390 of the social services law is amended by adding
    2  a new subdivision 1-a to read as follows:
    3    1-A.  IF AN APPLICANT FOR A LICENSE FOR EITHER A CHILD DAY CARE CENTER
    4  CARING FOR SEVEN OR MORE CHILDREN OR A GROUP  FAMILY  DAY  CARE  PROGRAM
    5  INTENDS  TO  ESTABLISH  SUCH  CHILD DAY CARE AT A LOCATION THAT IS ZONED
    6  ONLY AS RESIDENTIAL, PRIOR TO GRANTING SUCH A  LICENSE,  THE  DEPARTMENT
    7  MUST  PROVIDE  THE  NEIGHBORHOOD  IN  WHICH  SUCH CHILD DAY CARE WILL BE
    8  LOCATED, AN OPPORTUNITY TO BE HEARD. NOTICE MUST BE GIVEN IN  COMPLIANCE
    9  WITH  PROCEDURES  DETERMINED  BY THE COMMISSIONER AND SHALL INCLUDE, BUT
   10  NOT BE LIMITED TO, WRITTEN NOTICE TO  ALL  OWNERS  AND/OR  OCCUPANTS  OF
   11  RESIDENCES WITHIN A FIVE RESIDENCE RADIUS OF THE PROPOSED CHILD DAY CARE
   12  LOCATION, AND SHALL PROVIDE A METHOD FOR THOSE NOTIFIED TO OBJECT TO THE
   13  LICENSING  OF SUCH CHILD DAY CARE. AN OBJECTION SHALL QUALIFY THE MATTER
   14  TO BE TREATED AS AN ADJUDICATORY PROCEEDING AS PROVIDED FOR  IN  ARTICLE
   15  THREE  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT.  THE DEPARTMENT WILL
   16  MAKE THE FINAL DETERMINATION AS TO THE LICENSING OF AN OPPOSED CHILD DAY
   17  CARE LOCATION. IN MAKING ITS DETERMINATION, THE  DEPARTMENT  SHALL  TAKE
   18  INTO  CONSIDERATION THE BENEFIT TO THE APPLICANT AND THE NEIGHBORHOOD IF
   19  THE LICENSE IS GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE  HEALTH,
   20  SAFETY  AND  WELFARE  OF THE NEIGHBORHOOD OR COMMUNITY BY SUCH GRANT. IN
   21  MAKING SUCH DETERMINATION THE DEPARTMENT SHALL ALSO CONSIDER WHETHER  AN
   22  UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD
   23  OR  A  DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE GRANTING OF
   24  THE LICENSE.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07957-01-5