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Council Passes Laws on Daycare Inspection Training & Informing Parents of Rights re Childcare Programs

STATE SEN. GUSTAVO Rivera (S.D. 33), Councilmember Pierina Sanchez (C.D. 14), Bronx Borough President Vanessa Gibson, Bronx District Attorney Darcel Clark, and childcare advocates join Otoniel Feliz Samboy and Zoila Dominici, parents of the late Nicholas Feliz Dominici, 1, to address the press on Fordham Road and Grand Concourse on Thursday, Dec. 14, 2023, and to announce the introduction of a series of bills in the New York State Legislature and the New York City Council to protect children from opioid exposure in childcare facilities. 
Photo by Síle Moloney

Bronx Councilmember Pierina Sanchez (C.D. 14) announced on Aug. 14 the passage of a package of bills at the New York City Council on inspection training in relation to New York City’s childcare facilities and an outreach campaign to inform parents of their rights in relation to childcare programs.

 

The passage of Int. 1041 and 1042 followed news that a one-year-old baby girl died in an apparent accident at a daycare home in the Unionport section of The Bronx on Aug. 1. As reported, the bills were introduced in December 2023 in the wake of the prior death of another one-year-old baby, Nicholas Feliz Dominici, from fentanyl poisoning at a Kingsbridge Heights-based daycare center on Sept. 15, 2023.

 

As reported, large quantities of fentanyl were found under the floorboards of El Divino Niño daycare center by authorities as part of the investigation into Nicholas’s death. Three men, Felix Herrera Garcia, 35, Renny Antonio Parra Paredes, 38, and Carlisto Acevedo Brito, 41, a cousin of Herrera Garica, and a woman, Grei Mendez, 36, owner of the daycare center and wife of Herrera Garcia, were later convicted on various federal charges, some including murder and drug trafficking. Mendez was sentenced to 45 years. The group also face various State charges and those cases are ongoing.

 

The council member and Nicholas’s parents, Zoila Dominici and Otoniel Feliz Samboy, shared their reaction to the bills’ passage, with Sanchez saying, “Nearly two years after the devastating loss of one-year-old Nicholas Feliz Dominici to fentanyl exposure in a licensed daycare, our hearts remain with his parents, Zoila and Otoniel, whose courage has turned unimaginable grief into action to protect other children.”

 

The councilwoman said Intros 1041 and 1042 will ensure parents are informed of their rights in daycare facilities and that inspector training is transparent and accountable. Specifically, Int 1041 creates an annual outreach campaign to inform parents about their rights in relation to child care programs, such as how to submit complaints about facilities and what information providers must make available. Int 1042 creates an annual report on the training required for child care inspectors, strengthening both oversight and transparency in our inspection protocols.

 

Meanwhile, at the State level, as reported, Senate Bill S7815, introduced in 2023, which relates to daycare management and oversight, and which was sponsored by Bronx State Sen. Gustavo Rivera (S.D. 33), passed in the State Senate. It was accompanied, also in 2023, by Assembly Bill A8966A, sponsored by Bronx Assemblyman George Alvarez (A.D. 78). According to public records, the latter bill remains at the Assembly committee stage.

 

Subsequent versions of these bills in the form of Senate Bill S6225 and Assembly Bill A3899 were introduced in the 2025-2026 legislative session. The former has passed in the senate while the latter remains at the Assembly committee stage.

 

The bills aim to provide education and training for providers on overdose prevention, ensure thorough training for inspectors on how to identify illicit drugs, and empower parents, who, elected leaders said, are by far their children’s strongest advocates, by ensuring they are informed about avenues for inquiries and complaints to the State’s Office of Children and Family Services, as well as their rights to inspect childcare facilities.  

 

Another State bill sponsored by Rivera and related to the tragedy, S6226, and carried in the Assembly under bill number A1382 by Assemblymember Amy Paulin (A.D. 88), who represents parts of Brooklyn, has passed both houses. This pair of bills legislates for the provision of training to staff members accepting registrations, issuing licenses or conducting inspections of child day care homes, programs or facilities on the recognition of controlled substances.

 

At the city council level, Sanchez said in addition to Intros 1041 and 1042, the council also passed Reso. 0563-2024, which urges the State to pass and the governor to sign the aforementioned State bills A3899 and S6225 to further strengthen protections around the City’s daycare programs by developing training related to controlled substances and overdose prevention for childcare inspectors and providers.

 

The councilwoman concluded, “In Nicholas’ honor, and through the West Bronx Community Partnership, which I founded last year, we will keep fighting, bringing every resource possible to confront the illegal drug trade and violence that has taken too many lives. Nicholas should still be with us. In his honor, we are turning unimaginable grief into action to protect every child.”

 

For their part, Dominici and Feliz Samboy said, “Our son, Nicholas, should be here with us today, laughing, learning, and growing. Instead, we are left with a pain no parent should ever endure. Depraved criminals took our baby’s life, and the system was not strong enough to stop them. We are grateful to the New York City Council, Speaker Adams, Health Chair Lynn Schulman, and NYC Council Member Sanchez for listening to our story, honoring Nicholas, and taking steps to protect other children by passing Intros 1041 and 1042.”

 

They added, “These measures will help parents know their rights and ensure those inspecting daycare facilities have the training and accountability they need. But this is just the beginning. We urge the State Legislature to pass and the Governor to sign A3899/S6225, and for leaders at every level to bring more resources into our communities to stop the violence and illegal drug trade that devastates families. We will keep fighting, in Nicholas’ name, until every child is safe.”

As reported, a youth is currently sought for shots fired in July next to the site of the former Kingsbridge Heights-based daycare facility where Nicholas died. The infant was honored at a street co-naming ceremony in Kingsbridge Heights in Sept. 2024, one year after his death,

 

NYC Department of Health & Mental Hygiene (DOHMH) provides training and regularly updated information on how to obtain and administer naloxone (Narcan). Click here for more information.

 

 

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