§  260.30 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 offi-
cial 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 provid-
er,  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 misdemea-
nor.

• child day care provider
• willful and intentional misrepresentation
• to parent or guardian, official or officer
• of facts pertaining to such day care provider

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