Elijah's Law

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In 2019, New York State adopted new legislation called “Elijah’s Law”. The law is named after 3-year-old Elijah Silvera from New York City who was given a grilled cheese sandwich while at day care despite having a known severe dairy allergy. After Elijah went into anaphylaxis, his family was not told what he had eaten and 911 was not called. Elijah died in November 2017. Implementation of Elijah’s Law requires changes to your child care program, valuable, potentially life-saving changes, that are intended to prevent further tragedy.

As a child care professional, you play a critical role in protecting the health and safety of the children in your program. The US Centers for Disease Control and Prevention (CDC) estimates that 1 in 13 children is impacted by allergies. Allergies have the potential to create a life-threatening situation. Anaphylaxis must be treated right away. By gaining knowledge about allergies, prevention of anaphylaxis, and what action is to be taken during a medical emergency, child care providers can save lives.

August 19, 2021 Dear Provider Letter

Anaphylaxis Policy for Child Day Care Programs:


OCFS-LDSS-7006 - Individual Health Care Plan for a Child with Special Health Care Needs

OCFS-6029 - Individual Allergy and Anaphylaxis Emergency Plan

OCFS-6029A - Epinephrine Auto-Injector Release from Liability and Hold Harmless Agreement


Elijah’s Law training can be found on the ECETP training site: ecetp.pdp.albany.edu.