260.31*2 - Misrepresentation by a child day care provider.

* § 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