Res. No. 563

Resolution calling upon the New York State Senate to pass, the New York State Assembly to introduce and pass, and the Governor to sign, S.7815, which would tighten regulations, enhance inspections and background checks mandates, and provide training and resources to ensure the safety of children in child day care homes, programs, and facilities across New York State.

By Council Members Sanchez, Lee, Brannan, Rivera, Abreu, Menin, Ossé, Avilés, Won, Brooks-Powers, Ayala, Marte, Banks and Hanks

Whereas, On September 15, 2023, a tragic incident occurred at a Bronx day care center resulting in death of a one-year-old Nicholas Feliz-Dominici, and hospitalization of three other children after they ingested fentanyl; and

Whereas, The tragedy has raised grave concerns about the existing safety and inspection regulations around home-based child day care facilities in New York City (NYC); and

Whereas, In the home-based day care center, authorities found a kilogram of fentanyl around the mats that children used for napping, along with three “kilo presses” - a device commonly used by drug dealers to package substantial quantities of drugs, - two of which were stored in a closet and one in the bedroom of one of the daycare’s tenants; and

Whereas, According to reports, the NYC Department of Health and Mental Hygiene (DOHMH) conducted its routine inspection at the day care center less than a week before the incident occurred, and the inspection yielded no violations; and

Whereas, In a news conference, DOHMH Commissioner, Dr. Ashwin Vasan, admitted that childcare center inspectors are not trained in identifying potential hazards like illicit drugs, recognizing the need for policy changes to ensure the safety of children within day care facilities; and

Whereas, In response to the tragic incident, many policy makers and advocates are calling for stricter regulations for conducting site inspections of home-based child day care facilities, including requiring all rooms within the facility, including neighboring and adjacent rooms to be thoroughly inspected for any signs of danger including illicit drug usage and trafficking while ensuring that all inspectors and childcare center staff are provided drug detection and narcan trainings; and

Whereas, Additionally, there have been calls for stringent background checks for individuals living in childcare centers for longer than 3-5 days to ensure the safety of children attending a home-based day care; and

Whereas, In acknowledging the need for comprehensive and immediate action to enhance child safety in home-based daycare settings, New York State Senator Gustavo Rivera has introduced, S.7815, which would amend the social services law to include illegal drug detection and overdose prevention training and establish rights to transparency for parents of children enrolled in home-based day care; and 

Whereas, The proposed bill mandates home-based child day care providers to annually update and openly display the number of household members living in the premises of the home-based child day care facility and provide the most updated information to an inspector, parent legal guardian, or relative of the child upon request; and

Whereas, The proposed bill also requires a background check for any new household members before they can access the center, and implements strong measures for failed background checks triggering action by the Office of Children and Family Services (OCFS), including suspension or closure; and

Whereas, Additionally, the bill requires all inspections of child day care provider premises to include a thorough visual inspection of every room and closet in the home or facility, and every worker employed at OCFS will receive training on identifying illegal drugs and common paraphernalia; and

Whereas, Moreover, all child day care providers would be required to display a toll-free telephone number and email for the OCFS alongside their license; and

Whereas, Per the proposed bill, child day care providers must also provide and maintain onsite opioid antagonists as deemed necessary by the commissioner of health, accessible for use during emergencies related to opioid overdoses; and

Whereas, Furthermore, the Department of Health and the Office of Addiction Services and Supports, and OCFS would be required to provide information on overdose prevention training and free opioid antagonists to child day care providers and parents; and

Whereas, If passed, this bill would address existing inadequacies in the current home-based day care system through stringent regulations to prevent the unauthorized presence of dangerous substances and individuals, the creation of opioid overdose prevention and education programs, and establish parents’ rights to transparency, serving as a crucial first step in ensuring the safety of our children; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the New York State Senate to pass, the New York State Assembly to introduce and pass, and the Governor to sign, S. 7815, which would tighten regulations, enhance inspections and background checks mandates, and provide training and resources to ensure the safety of children in child day care homes, programs, and facilities across New York State.

LS #14882

12/22/23

M.B