The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children's safety and ensuring the orderly operation of the program.

418-1.8(n) · Corrected Feb 23, 2026

Smoking in indoor or outdoor areas in use by children and in vehicles when children are occupying the vehicles is prohibited.

418-1.11(b)(11) · Corrected Feb 23, 2026

Day care centers that use electronic monitoring devices or surveillance cameras must allow inspectors and other representatives of the Office to have access to such equipment and to have viewing privileges as required by the Office.

418-1.15(b)(9)(vi) · Corrected Jan 27, 2026

The staff and volunteers must be in good health and be of good character and habits.

418-1.15(b)(4) · Corrected Jan 7, 2026

Children must be kept clean and comfortable at all times. Diapers must be changed when wet or soiled. The diaper changing area must be as close as possible to a sink with soap and hot and cold running water. This area or sink must not be used for food preparation. Diaper changing surfaces must be cleaned and disinfected after each use with an Environmental Protection Agency (EPA) registered product that has an EPA registration number on the label.

418-1.11(i)(18)(iii) · Corrected Jan 7, 2026

The staff must use acceptable techniques and approaches to help children solve problems.

418-1.9(b) · Corrected Dec 18, 2025

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children's safety and ensuring the orderly operation of the program.

418-1.8(n) · Corrected Dec 18, 2025

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious incident,

418-1.15(b)(14)(ii) · Corrected Dec 18, 2025

Staff and volunteers must be mature, of good character and possess suitable personal qualifications.

418-1.13(a)(1) · Corrected Dec 17, 2025

No child may be accepted for care in a child care program unless the program has been furnished with a written statement signed by a health care provider verifying that the child is able to participate in child care and currently appears to be free from contagious or communicable diseases. A child's medical statement must have been completed within the 12 months preceding the date of enrollment.

418-1.11(a)(1) · Corrected Dec 4, 2025

The program must keep documentation of immunizations the child has received to date, in accordance with New York State Public Health Law.

418-1.11(a)(3) · Corrected Dec 4, 2025

A written Individual Health Care Plan must be developed for the child;

418-1.11(h)(5)(i) · Corrected Dec 4, 2025

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: documentation from the local health department or the New York State Department of Health showing that the facility has been approved in accordance with the requirements of the New York State Department of Health;

418-1.15(c)(22) · Corrected Dec 4, 2025

Applicants for a license must submit to the Office: a diagram of the portion of the building to be occupied by the child day care center and all adjacent areas of such building, as required in section 418-1.3(a) of this Subpart;

418-1.2(a)(10) · Corrected Oct 30, 2025

Suitable precautions must be taken to eliminate all conditions which may contribute to or create a fire hazard.

418-1.4(a) · Corrected Oct 30, 2025

The Emergency Evacuation Diagram, as approved by the Office, must be posted in a conspicuous place in every room.

418-1.5(b)(2) · Corrected Oct 30, 2025

Peeling or damaged paint or plaster must be repaired.

418-1.3(h) · Corrected Oct 30, 2025

Buildings, systems and equipment must be kept in good repair and operate as designed.

418-1.3(o)(2) · Corrected Oct 30, 2025

The Emergency Evacuation Diagram, as approved by the Office, must be posted in a conspicuous place in every room.

418-1.5(b)(2) · Corrected Oct 30, 2025

A group teacher, meeting the qualifications of section 418-1.13, is required for every group of children.

418-1.8(e) · Not corrected

No child may be accepted for care in a child care program unless the program has been furnished with a written statement signed by a health care provider verifying that the child is able to participate in child care and currently appears to be free from contagious or communicable diseases. A child's medical statement must have been completed within the 12 months preceding the date of enrollment.

418-1.11(a)(1) · Not corrected

The program must keep documentation of immunizations the child has received to date, in accordance with New York State Public Health Law.

418-1.11(a)(3) · Not corrected

A written Individual Health Care Plan must be developed for the child;

418-1.11(h)(5)(i) · Not corrected

Peeling or damaged paint or plaster must be repaired.

418-1.3(h) · Corrected Sep 30, 2025

A written daily schedule of program activities and routines is required.

418-1.7(a) · Corrected Sep 30, 2025

The Office shall require the child day care program to immediately post upon receipt, in a prominent place at the program that is visible to parents, a copy of the most recent compliance history report issued to the program by the Office.

413.3(g)(3)(i) · Corrected Sep 30, 2025

The staff must use acceptable techniques and approaches to help children solve problems.

418-1.9(b) · Corrected Sep 30, 2025

If the licensee elects not to administer medications, the staff must still document the dosages and time as per section 418-1.11(f)(9) of this Subpart that the medications were given to the child by the child's parent, or relative within the third degree of consanguinity of the parents or step-parents of the child.

418-1.11(f)(2) · Corrected Sep 30, 2025

Upon termination or resignation of the director: An approved, permanent director must be on-site, performing the duties of the position, within 90 days.

418-1.15(b)(23)(iv) · Corrected Sep 24, 2025

Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher's range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child's age emotional, physical, and cognitive development.

418-1.8(a) · Corrected Sep 19, 2025

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children's safety and ensuring the orderly operation of the program.

418-1.8(n) · Corrected Sep 19, 2025

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

418-1.5(v) · Corrected Sep 19, 2025

Each child day care center must be staffed to perform administrative/fiscal management functions and, during all hours of operation, program supervision functions, including developing, directing and supervising daily activity programs for children. These functions may be performed by one individual or may be shared in any combination between two or more individuals.

418-1.15(b)(26) · Corrected Sep 19, 2025

For children less than eighteen months of age, prescription medications, oral over-the-counter medications, medicated patches, and eye, ear, or nasal drops or sprays, can be administered by the program for one day only, with verbal permission of the parent and verbal instructions directly from the health care provider or licensed authorized prescriber. If prescription medications, oral over-the-counter medications, medicated patches, and eye, ear, or nasal drops or sprays are to be administered on a subsequent day or an ongoing basis, written permission from the parent and written instructions from the health care provider must have been provided to the program prior to such administration.

418-1.11(f)(7)(ii) · Corrected Sep 19, 2025

and has completed the Medication Administration Training (MAT) pursuant to subdivision (e) of this section or, in the case of administering patient-specific epinephrine auto-injectors, Diphenhydramine in combination with the auto-injector, asthma inhalers and nebulizers, has received training on its use from the parent, health care provider or a health care consultant;

418-1.11(c)(2)(vii)(c) · Corrected Sep 19, 2025

Food must be prepared and stored in a safe and sanitary manner and served at appropriate intervals.

418-1.12(d) · Corrected Aug 5, 2025

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious incident,

418-1.15(b)(14)(ii) · Corrected Aug 5, 2025

The program must establish and implement a daily schedule of program activities that offers reasonable regularity in routines, including snack and meal periods, nap and rest periods, indoor activities, outdoor play time and a variety of large muscle activities throughout the day. There must be physical activity, appropriate to the ages of the children in care, every day.

418-1.7(a)(1) · Corrected Aug 5, 2025

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

418-1.5(a) · Corrected Aug 5, 2025

Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher's range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child's age emotional, physical, and cognitive development.

418-1.8(a) · Corrected Aug 5, 2025

Corporal punishment is prohibited. For the purposes of this Subpart, the term corporal punishment means punishment inflicted directly on the body including, but not limited to, physical restraint, spanking, biting, shaking, slapping, twisting or squeezing; demanding excessive physical exercise, prolonged lack of movement or motion, or strenuous or bizarre postures; and compelling a child to eat or have in the child's mouth soap, foods, hot spices or irritants or the like.

418-1.9(j) · Corrected Aug 5, 2025

Any abuse or maltreatment of a child is prohibited. A day care center must prohibit and may not tolerate or in any manner condone an act of abuse or maltreatment by an staff, volunteer or any other person. An abused child or maltreated child means a child defined as an abused child or maltreated child pursuant to Section 412 of the Social Services Law.

418-1.10(a) · Not corrected

The staff and volunteers must be in good health and be of good character and habits.

Renewal. Applicants for renewal of a license must submit to the Office at least 60 days in advance of the expiration date of the license the following:

418-1.2(e) · Corrected Jul 31, 2025

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: an approved health care plan on forms furnished by the Office, as required in section 418-1.11(c) of this Subpart;

418-1.15(c)(2) · Corrected Jul 31, 2025

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: documentation from the local health department or the New York State Department of Health showing that the facility has been approved in accordance with the requirements of the New York State Department of Health;

418-1.15(c)(22) · Corrected Jul 31, 2025

evidence that four weeks of current menus for snacks and meals have been reviewed by a person qualified in nutrition as being compliant with USDA Child and Adult Food Program meal patterns, as required in section 418-1.12(v) of this Subpart; or

418-1.15(c)(26)(i) · Corrected Jul 31, 2025

Day care centers that use electronic monitoring devices or surveillance cameras must allow inspectors and other representatives of the Office to have access to such equipment and to have viewing privileges as required by the Office.

418-1.15(b)(9)(vi) · Corrected Jul 31, 2025

Peeling or damaged paint or plaster must be repaired.

418-1.3(h) · Corrected Jul 24, 2025

Evacuation drills must be conducted at least monthly during various hours of operation of the child day care center.

418-1.4(b)(1) · Corrected Jul 24, 2025

An operable flashlight or battery powered lantern must be kept in each classroom. Such equipment must be properly maintained for use in the event of a power failure.

418-1.5(r) · Corrected Jul 24, 2025

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

418-1.5(v) · Corrected Jul 24, 2025

In the case of medication that needs to be given on an ongoing, long-term basis, the authorization and consent forms for children under the age of 5 years of age must be reauthorized at least once every six months. Any changes in the medication authorization related to dosage, time or frequency of administration shall require a program to obtain new instructions written by the licensed authorized prescriber. All other changes to the original medication authorization require a change in the prescription.

418-1.11(f)(21) · Corrected Jul 24, 2025

A written Individual Health Care Plan must be developed for the child;

The resting/napping places must: be located in safe areas of the program;

418-1.7(r)(2) · Corrected Jul 15, 2025

Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher's range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child's age emotional, physical, and cognitive development.

418-1.8(a) · Corrected Jul 15, 2025

Before any change is made, the Office must be notified and must approve the re-designation of a classroom to a different age group of children.

418-1.3(c) · Corrected May 14, 2025

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: documentation from service personnel qualified to perform fire suppression systems maintenance, repair and testing showing that fire suppression equipment and systems have been tested and maintained during the current license period in accordance with the applicable requirements of the Fire and Building Code of New York State;

418-1.15(c)(32) · Corrected May 14, 2025

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: documentation showing inspection and approval of any steam or hot water boilers performed in accordance with the requirements of the New York State Department of Labor and service performed once every 24 months during the current license period on all other fuel burning heating systems and equipment and boilers not subject to the New York State Department of Labor requirements;

418-1.15(c)(34) · Corrected May 14, 2025

Each staff person and volunteer must complete a minimum of thirty (30) hours of training every two years. The required thirty (30) hours of training every two years is subject to the following conditions:

418-1.14(c) · Corrected Dec 30, 2024

Each staff person and volunteer must complete a minimum of thirty (30) hours of training every two years. The required thirty (30) hours of training every two years is subject to the following conditions: Fifteen (15) of the required thirty (30) hours of training must be obtained during the person's first six months at the program.

418-1.14(c)(1) · Corrected Dec 30, 2024

Training must address all topics or subject matters required by state and federal law. The required state topics are:

418-1.14(d) · Corrected Dec 30, 2024

Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher's range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child's age emotional, physical, and cognitive development.

418-1.8(a) · Corrected Dec 19, 2024

for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

418-1.8(k)(3)(i) · Corrected Nov 7, 2024

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children's safety and ensuring the orderly operation of the program.

418-1.8(n) · Corrected Nov 7, 2024

Protective caps, covers or permanently installed obstructive devices must be used on all electrical outlets that are accessible to children.

418-1.5(y) · Corrected Aug 21, 2024

A written Individual Health Care Plan must be developed for the child;

418-1.11(h)(5)(i) · Corrected Aug 21, 2024

In accordance with the provisions of Sections 413 and 415 of the Social Services Law, child care center staff must immediately report any suspected incidents of child abuse or maltreatment concerning a child receiving child care to the Statewide Central Register of Child Abuse and Maltreatment, or cause such a report to be made, when such staff have reasonable cause to suspect that a child coming before them in their capacity as child care center workers is an abused or maltreated child. This must be done in the following manner:

418-1.10(c) · Corrected May 20, 2024

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious incident,

418-1.15(b)(14)(ii) · Corrected May 20, 2024

Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher's range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child's age emotional, physical, and cognitive development.

418-1.8(a) · Corrected Mar 25, 2024

Buildings, systems and equipment must be kept in good repair and operate as designed.

418-1.3(o)(2) · Corrected Mar 4, 2024

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

418-1.5(v) · Corrected Mar 4, 2024

Peeling or damaged paint or plaster must be repaired.

418-1.3(h) · Corrected Mar 4, 2024

A temperature of at least 68 degrees Fahrenheit must be maintained in all rooms to be occupied by children.

418-1.3(d) · Corrected Jan 17, 2024

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

418-1.5(v) · Corrected Dec 27, 2023

The program must establish and implement a daily schedule of program activities that offers reasonable regularity in routines, including snack and meal periods, nap and rest periods, indoor activities, outdoor play time and a variety of large muscle activities throughout the day. There must be physical activity, appropriate to the ages of the children in care, every day.

418-1.7(a)(1) · Corrected Dec 27, 2023

Any abuse or maltreatment of a child is prohibited. A day care center must prohibit and may not tolerate or in any manner condone an act of abuse or maltreatment by an staff, volunteer or any other person. An abused child or maltreated child means a child defined as an abused child or maltreated child pursuant to Section 412 of the Social Services Law.

418-1.10(a) · Corrected Dec 27, 2023

Child care center staff must personally make, or cause to be made, an immediate report to the Statewide Central Register of Child Abuse and Maltreatment by telephone, followed by a written report within 48 hours, in the form and manner prescribed by the Office, to the child protective service of the social services district in the county in which the child resides.

418-1.10(c)(1) · Corrected Dec 27, 2023

The resting/napping places must: be at least two feet apart from each other.

418-1.7(r)(7) · Corrected Nov 8, 2023

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program:

418-1.15(b)(14) · Corrected Nov 8, 2023

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children's safety and ensuring the orderly operation of the program.

418-1.8(n) · Corrected Nov 8, 2023

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

418-1.5(a) · Corrected Sep 27, 2023

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

418-1.5(a) · Corrected Jul 14, 2023