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18 CRR-NY 482.4NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 18. DEPARTMENT OF SOCIAL SERVICES

CHAPTER II. REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES

SUBCHAPTER C. SOCIAL SERVICES

ARTICLE 7. CERTIFICATES OF INCORPORATION; MISCELLANEOUS CORPORATE MATTERS

PART 482. APPROVAL OF CERTIFICATES OF INCORPORATION

18 CRR-NY 482.4

482.4 Not-for-profit day care corporation.

(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.

(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.

18 CRR-NY 482.4

Current through July 31, 2021

End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.