New York statute
N.Y. Penal Law § 260.31*2 — Misrepresentation by a child day care provider
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 260: Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons, New York Penal Law.
Full text of N.Y. Penal Law § 260.31*2
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
* § 260.31 Misrepresentation by a child day care provider.
A person is guilty of misrepresentation by a child day care provider
when, being a child day care provider or holding himself or herself out
as such, he or she makes any willful and intentional misrepresentation,
by act or omission, to a parent or guardian of a child in the care of
such provider (or a child whose prospective placement in such care is
being considered by such parent or guardian) to any state or local
official having jurisdiction over child day care providers, or to any
police officer or peace officer as to the facts pertaining to such child
day care provider, including, but not limited to: (i) the number of
children in the facility or home where such number is in violation of
the provisions of section three hundred ninety of the social services
law, (ii) the area of the facility, home, or center used for child day
care, or (iii) the credentials or qualifications of any child day care
provider, assistant, employee, or volunteer. A misrepresentation subject
to the provisions of this section must substantially place at risk the
health or safety of a child in the care of a child day care provider.
Misrepresentation by a child day care provider is a class A
misdemeanor.
* NB There are 2 § 260.31's
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.