Current through Register Vol. 46, No. 39, September 25, 2024
(a) An applicant seeking office approval of
the Office of Children and Family Services for the filing of a certificate of
incorporation, amendment, merger or consolidation that would include the
authority to establish or operate a child day care center or centers shall
submit an application for office approval of such certificate of incorporation,
amendment, merger or consolidation. If the authority to establish or operate a
day care center or centers is the only purpose in the certificate that requires
office approval, the applicant shall not be subject to the provisions of
section
482.1,
482.2
or
482.3 of
this Part.
(b) The following
documents and information must be submitted in support of the application for
approval:
(1) the name(s) and address(es) of
the person(s) submitting the application;
(2) the name and address of the proposed
corporation;
(3) the address of the
proposed facility or facilities, if known;
(4) a description of the community, including
the county or counties, to be served;
(5) the approximate number and ages of the
children each facility plans to serve;
(6) the planned hours of operation of each
facility; and
(7) a statement:
(i) setting forth the names and addresses of
the proposed members of the board of directors, and the occupation, employer
and civic and philanthropic activities of each such member; and
(ii) that service on the board of directors
by any person who is employed by the State of New York or any of its political
subdivisions does not violate the Public Officers Law or the General Municipal
Law of the State of New York or any locally adopted code of ethics.
(c) The certificate of
incorporation, amendment, merger or consolidation:
(1) must specify that a purpose of the
corporation is to establish and operate a day care center or centers;
(2) may be required to include a provision
limiting the duration of the existence of the corporation or of its power to
establish and operate day care centers if the office becomes aware of
information that raises issues as to the viability of the program, operations
or management of the corporation. Any such limit will be established by the
office. If such a provision is required, it shall be to the effect that the
duration of the corporation (or of the authority to establish or operate day
care centers) shall be for a period (to be fixed by the office) from the date
that the certificate is filed in the office of the Secretary of State and that
such duration shall not be extended without the prior written approval of the
office; and
(3) must set forth the
county or counties within the State in which the corporation will initially
operate a day care center or centers. The certificate of incorporation may
authorize the corporation to establish and operate day care centers anywhere in
the State but if it does so, the certificate must specify the county or
counties of initial operation.
(d) The office will review the materials
submitted. If the office finds that the materials are incomplete or inadequate,
the office may disapprove the filing of the certificate or withhold approval
until the materials are complete and demonstrate compliance with the
regulations.
