Ocfs.ny.gov
OCFS- 6032 (05/2016)
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
License/Registration Requirements for
Child Day Care Programs
Child day care is care for a child on a regular basis, away from the child’s home, for less than 24 hours per day, by a non-relative*.
Child day care programs are required to be licensed or registered under New York State Social Services Law Section 390 and by the Office of Children and Family Services (OCFS) Child Day Care Regulations.
The law and regulations are available on the OCFS website: ocfs.. Below is a brief description of the types of child day care programs that require licensure or registration in New York State.
• Day Care Center/Small Day Care Center (Outside of NYC): caring for more than two (2) non-relative* children, for more than three (3) hours per day per child, that is not located in a personal residence.
• Family Day Care Home/Group Family Day Care Home: caring for more than two (2) non-relative* children, for more than three (3) hours per day per child, that is located in a personal residence; caring for nine (9) or more children if any is a non-relative* child, for more than three (3) hours per day per child, that is located in a personal residence.
• School-age Child Care: caring for more than six (6) non-relative* school-age children, during non-school hours, including during school vacation periods and holidays, that is not located in a personal residence. See also OCFS policy statement - What Constitutes a School Age Child Care Program available at ocfs..
* As provided in Social Services Law 390 and OCFS regulations for child day care programs.
If you want more information about child day care, the following resources are available:
• The OCFS representative at their phone number below.
• The OCFS child care website at ocfs. includes regulations, Social Services Law, contact information and other resources.
What OCFS will do as a follow up to today’s visit:
If OCFS determines you are illegally operating a child care program that requires a license or registration, you will be notified of this and of your rights to dispute the determination. Operation of an illegal child care program can result in fines of $500 per day and other legal action.
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