LAWS OF NEW YORK, 1998
CHAPTER 600
Jeremy Fiedelholtz and Julia Haas safe day care act


EXPLANATION—Matter in italics is new;
matter in brackets [ ] is old law to be omitted.


LAWS OF NEW YORK, 1998
CHAPTER 600

AN ACT to amend the penal law, in relation to misrepresentations by
child day care providers and reckless assault of a child

Became a law September 24, 1998, with the approval of the Governor.
Passed on message of necessity pursuant to Article III, section 14 of
the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. This act shall be known and may be cited as the "Jeremy
Fiedelholtz and Julia Haas safe day care act".
§ 2. The penal law is amended by adding a new section 260.30 to read
as follows:
§ 260.30 Misrepresentation by a child day care provider.
A person is guilty of misrepresentation by a child day care provider
when, being a child day care provider or holding himself or herself out
as such, he or she makes any willful and intentional misrepresentation,
by act or omission, to a parent or guardian of a child in the care of
such provider (or a child whose prospective placement in such care is
being considered by such parent or guardian) to any state or local offi-
cial having jurisdiction over child day care providers, or to any police
officer or peace officer as to the facts pertaining to such child day
care provider, including, but not limited to: (i) the number of children
in the facility or home where such number is in violation of the
provisions of section three hundred ninety of the social services law,
(ii) the area of the facility, home, or center used for child day care,
or (iii) the credentials or qualifications of any child day care provid-
er, assistant, employee, or volunteer. A misrepresentation subject to
the provisions of this section must substantially place at risk the
health or safety of a child in the care of a child day care provider.
Misrepresentation by a child day care provider is a class A misdemea-
nor.
§ 3. The penal law is amended by adding a new section 120.01 to read
as follows:
§ 120.01 Reckless assault of a child by a child day care provider.
A person is guilty of reckless assault of a child when, being a child
day care provider or an employee thereof, he or she recklessly causes
serious physical injury to a child under the care of such provider or
employee who is less than eleven years of age.
Reckless assault of a child by a child day care provider is a class E
felony.
§ 4. Section 10.00 of the penal law is amended by adding a new subdi-
vision 19 to read as follows:
19. For the purposes of section 260.30 and 120.01 of this chapter the
term "child day care provider" shall be defined as provided for in
section three hundred ninety of the social services law.
§ 5. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly

Page last updated July 23, 2003