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DAYCARE LICENSE REVOCATION UPHELD

INADEQUATE SUPERVISION CITED

After her group-family daycare license was revoked by the New York State Office of Children and Family Services (OCFS), C.L. filed an administrative proceeding [pursuant to CPLR Article 78] to annul that determination.

On its review of the dispute, the Appellate Division, First Department, noted that certain child day care regulations had been violated and that those breaches jeopardized the “health, safety, and welfare" of the children in C.L.'s custody and control.

Apparently, an unsupervised 3-year-old managed to walk out of the facility and was intercepted by a stranger who brought the youngster to a local police precinct. That, and other problems, led the OCFS to conclude that C.L. was unable to provide “competent supervision.” (It also didn’t help her case that this “serious incident” wasn’t properly reported.)

Given that factual backdrop, the AD1 didn’t think the revocation was an inappropriate penalty and left the outcome undisturbed.

Unfortunately, there's no revoking that.

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DECISION

Matter of C.L. v New York State Off. of Children & Family Servs

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