These types of child care are regulated by the New York State Office and Children and Family Services. State regulations help to ensure the health, safety and well-being of children while in child care.
Informal or 'Legally Exempt' Child Care |
Family Child |
Group Family |
Child Care Center | |
---|---|---|---|---|
Care is provided by: |
One Individual | One individual registered by NYS Office of Children & Family Services | One individual & one or two assistants, all certified by NYS OCFS | A teacher and/or assistant teacher |
Care is provided in: |
A personal residence | A personal residence | A personal residence | A location dedicated for the purpose of child care |
Maximum number of children in program is: | One or two children not related to the caregiver (1) | Up to 8 children (2) (See Family Day Care Capacity Chart) | Up to 14 children (2) (See Group Family Day Care Capacity Chart) |
Depends on the age of the child (See Day Care Center Capacity Chart) |
Licensing Requirements: | If a family utilizes DSS subsidy, caregiver must submit a written application to county, and may be subject to an unannounced home visit | Provider & household members must pass background check; provider is required to receive 30 hours of professional development biennially; site is inspected by NYS prior to registration | Provider, assistants & household members must pass background check; providers are required to receive 30 hours of professional development biennially; site is inspected by NYS prior to registration | All center staff must pass a background check; director, teachers & assistant teachers are required to receive professional development biennially; site is re-licensed every two years |
(1) In addition, legally exempt child caregivers
may care for additional children unrelated to them for less than three
hours a day, as well as children related to them
(2) Children of the child care provider not yet in school must be counted in the program's capacity
Note: It is against NYS law for individuals who care for more than two children unrelated to them and not certified to provide care to do so. These individuals are subject to monetary fines.
These types of child care are exempt from NYS regulations:
New York State has created child care regulations which family and group family child care homes and child care centers must be in compliance with to remain registered or licensed to offer child care. Keep in mind the following questions when you are visiting potential child care sites to help you decide if the program provides the level of quality you are seeking.
As of January, 31 2005 all regulated child care programs are required to be certified by the NYS Office of Children and Family Services to administer medication to children in their care, prior to receiving parental permission to do so.
Tammy Ablang
Early Care & Learning Subject Educator
taa24@cornell.edu
(315) 223-7850 x 222
Last updated June 28, 2019