Rivera’s day care inspection bill passes Senate, moves to Assembly

Bronx State Sen. Gustavo Rivera.
Bronx State Sen. Gustavo Rivera.
Photo courtesy New York State Senate

Legislation that would require additional inspection for home day care centers passed in the state Senate this week, nearly nine months after a baby was killed from fentanyl exposure in a Bronx day care center. 

State Sen. Gustavo Rivera — who represents the Bronx’s 33rd Senatorial District where the fatal overdose occurred — announced that his daycare inspection bill had passed unanimously 60-0 in the Senate on June 4 and will next move through the state Assembly before it can make its way to Gov. Kathy Hochul’s desk.  

I am incredibly proud that my bill (S7815) passed on the floor of the Senate yesterday,” Rivera told the Bronx Times in a statement.  

On Sept. 15, 2023, the NYPD responded to a call of multiple unresponsive children inside Divino Niño Day Care in the Bronx’s Kingsbridge section, located at 2707 Morris Ave. First responders transported three unresponsive children between the ages of 8 months and 2 years old to Montefiore Medical Center, where later 1-year-old baby Nicholas Dominici was pronounced dead. 

A fourth child, 2 years old, fell unconscious after being picked up from the day care center and was taken to Bronx Care Hospital. The three surviving babies were treated with naloxone — a medication designed to rapidly reverse an opioid overdose that commonly goes by the brand name Narcan.  

Upon further investigation, detectives found a hollowed-out compartment filled with narcotics, including fentanyl, under the floor where the children had nap time. According to top NYPD officials, the 4 feet by 6 feet trap door was heavily disguised and could only be accessed with special equipment. Within the month, cops arrested four people in connection to the overdose death, including the day care’s owner Grei Mendez and her husband Felix Herrera Garcia.   

“We wanted to make sure that this is something that does not happen in the future,” Rivera said on the Senate floor while championing the legislation. “A child, Mr. President. It was something that’s still tragic to this day.” 

Senate Bill S7815A would require full premise inspection of home child day cares. That includes requiring providers to report everyone who resides in the home to the state Office of Children and Family Services, as well as to undergo training for onsite opioid emergency antagonists. Rivera said on the Senate floor that the bill will also empower parents with information both about their childrens’ day cares and how to report the facilities if they seem unsafe. 

Rivera’s office said the senator isn’t aware yet of the date the legislation will make its next step to Assembly committee.


Reach Camille Botello at cbotello@schnepsmedia.com. For more coverage, follow us on Twitter, Facebook and Instagram @bronxtimes