Amendment to Child Care Services regarding Care for Children in Shelter (Article 47 of the NYC Health Code)

Proposed Rules: Closed to Comments (View Public Comments Received:7)

Comment By: 
Tuesday, July 25, 2017
Download Copy of Proposed Rule (.pdf): 

Statement of Basis and Purpose

The Department’s Bureau of Child Care enforces Article 47 of the Health Code, which regulates non-residential-based child care centers for children under six years old. The Department is proposing that the Board amend Article 47 of the Health Code as follows to also regulate the provision of child supervision services in family homeless shelters in order to enhance the health, safety, and supervision of children receiving care in such facilities.

Proposed Changes

Tier II homeless shelters for families are required by 18 NYCRR 900.10(c)(5) to provide access to child care services to enable the resident parent or caretaker relative of a child to seek employment and/or permanent housing or to attend school or training. For Tier II homeless shelters that choose to provide such child care services on site, the Department proposes to regulate the programs to provide for the health, safety, and supervision of the children receiving the services. Unlike those child care programs that are currently regulated by the Department, these on-site programs are not designed to provide for the early education or full-time, long-term care of children; accordingly, the proposal limits the number of hours per week that any child may attend such a program. The proposed rule change would also establish health and safety standards for family shelter-based drop-off child supervision programs similar to those for the child care programs currently regulated by the Department.

Statutory Authority

The authority for these proposed amendments is found in Sections 556, 558, and 1043 of the New York City Charter (the “Charter”). Section 556 of the Charter provides the Department with jurisdiction to protect and promote the health of all persons in the City of New York. Section 1043 grants the Department rule-making authority. Sections 558(b) and (c) of the Charter empower the Board to amend the Health Code and to include all matters to which the Department’s authority extends.

Statement pursuant to Charter §1043

This proposal was not included in the Department’s Regulatory Agenda for Fiscal Year 2017 because the need for the proposal was not known at the time the Regulatory Agenda was promulgated.

Public Hearing

Proposed resolution to amend Article 47 (Child Care Services) of the New York City Health Code regarding care for children in shelter.

Public Hearing Date: 
Tuesday, July 25, 2017 - 10:00am

Svetlana Burdeynik at (347) 396-6078 or

New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 3rd Floor, Room 3-32
Queens, NY 11101