Hernandez Polanco, Massiel

416.7(h) · Programs must offer daily supervised outdoor play, except during inclement or extreme weather or unless otherwise prohibited by a health care provider. Parents may request and programs may permit children to remain indoors during outdoor play time so long as such children will be supervised by an approved caregiver.

416.12(n) · The program must obtain a written statement, from the parent of each infant in care, setting forth the breast milk, formula and feeding schedule instructions for the infant and must be updated as changes are made.

416.14(b)(1) · Each applicant must complete the Office-approved training that complies with the federal minimum health and safety pre-service training requirements or three-month orientation period training requirements. This training must be obtained pre-service or within three months of starting such position. Individuals who have completed Office approved training that complies with federal health and safety requirements may be left unsupervised with children. Any teacher, director, or volunteer who does not complete this training must not be left unsupervised with children in care until such times as the training has been completed.

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

416.15(b)(25) · Mid-point requirements for four-year license holders. At the two-year calendar date in a four year licensing cycle, a program must be in compliance with the following mid-point requirements and be able to show proof of compliance to the Office when requested:

416.15(b)(25)(iii) · At the two-year calendar date in a four year licensing cycle, a program must be in compliance with the following mid-point requirements and be able to show proof of compliance to the Office when requested: proof of compliance with the training requirements of section 416.14.

416.15(c)(3) · The program must maintain on file at the group family day care home, available for inspection the name, address, gender, and date of birth of each child and each child's parents names, addresses, telephone numbers and place(s) at which parents or other persons responsible for the child can be reached in case of an emergency;

416.15(c)(6) · The program must maintain on file at the group family day care home, available for inspection children's individual health care plans; parental consents for emergency medical treatment; child's medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by caregivers; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

416.15(c)(18) · The program must maintain on file at the group family day care home, available for inspection: the napping agreement for each child in care;

413.4(c)(3) · a search of the state-based child abuse or neglect repository of any state other than New York where such person lives or lived during the preceding five years.

Corrected by Jun 3, 2025

416.15(b)(11)(ii)(a) · the forms necessary for the Office to inquire whether the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment,

Corrected by Jun 3, 2025

416.15(b)(11)(ii)(b) · the forms necessary to check the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs pursuant to Section 495 of the Social Services Law,

Corrected by Jun 3, 2025

416.15(b)(11)(ii)(d) · a sworn statement indicating whether, to the best of the applicant's knowledge, he or she has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction

Corrected by Jun 3, 2025

413.4(c)(3) · a search of the state-based child abuse or neglect repository of any state other than New York where such person lives or lived during the preceding five years.

Corrected by Apr 16, 2025

416.15(b)(11)(ii)(a) · the forms necessary for the Office to inquire whether the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment,

Corrected by Apr 16, 2025

416.15(b)(11)(ii)(b) · the forms necessary to check the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs pursuant to Section 495 of the Social Services Law,

Corrected by Apr 16, 2025

416.15(b)(11)(ii)(c) · fingerprint images necessary for the Office to conduct a criminal history review,

Corrected by Apr 16, 2025

416.15(b)(11)(ii)(d) · a sworn statement indicating whether, to the best of the applicant's knowledge, he or she has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction

Corrected by Apr 16, 2025

413.4(c)(3) · a search of the state-based child abuse or neglect repository of any state other than New York where such person lives or lived during the preceding five years.

Corrected by Mar 5, 2025

416.8(a) · 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 caregiver's range of vision except as provided in section 416.8(b) of this Part and that the caregiver 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.

Corrected by Mar 5, 2025

416.8(d) · Only approved caregivers may be left unsupervised with day care children.

Corrected by Mar 5, 2025

416.8(j)(1) · One caregiver may care for a maximum of six children younger than school age, or eight children when at least two of the eight children are school aged.

Corrected by Mar 5, 2025

416.8(j)(3) · When care is provided for children under the age of two years, there must be at least one caregiver present for every two children under the age of two years in attendance.

Corrected by Mar 5, 2025

416.11(b)(1) · The provider, assistant(s), and substitute(s), must each submit a medical statement on forms furnished by the Office or an approved equivalent from a health care provider:

Corrected by Mar 5, 2025

416.11(b)(6) · The initial medical statement for providers, assistants, and substitutes must include the results of a Mantoux tuberculin test or other federally approved tuberculin test performed within the 12 months preceding the date of the application. Thereafter, tuberculin tests are only required at the discretion of the employee's health care provider or at the start of new employment in a different child care program.

Corrected by Mar 5, 2025

416.13(a) · The provider, assistant(s), and substitutes must each meet the following qualifications:

Corrected by Mar 5, 2025

416.14(m) · All child care programs must have at least one caregiver who holds a valid certification in cardiopulmonary resuscitation (CPR) and first aid on the premises of the child care program during the program's operating hours.

Corrected by Mar 5, 2025

416.15(b)(4) · The caregivers, employees, volunteers and all members of the household must be in good health and be of good character and habits.

Corrected by Mar 5, 2025

416.15(b)(11)(ii)(a) · the forms necessary for the Office to inquire whether the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment,

Corrected by Mar 5, 2025

416.15(b)(11)(ii)(b) · the forms necessary to check the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs pursuant to Section 495 of the Social Services Law,

Corrected by Mar 5, 2025

416.15(b)(11)(ii)(c) · fingerprint images necessary for the Office to conduct a criminal history review,

Corrected by Mar 5, 2025

416.15(b)(11)(ii)(d) · a sworn statement indicating whether, to the best of the applicant's knowledge, he or she has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction

Corrected by Mar 5, 2025

416.15(b)(11)(ii)(e) · two acceptable references;

Corrected by Mar 5, 2025

416.15(b)(12) · The group family day care home must report to the Office: any change affecting, or which reasonably might be expected to affect, those portions of the building and property in which the program is operating or which are used for the children's egress in the case of emergency; any change in household members; and any other change that would place the home out of compliance with applicable regulations.

Corrected by Mar 5, 2025

413.4(a) · The following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act for any prospective operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, as defined in section (2) of this part, and any person age eighteen (18) or older living in a prospective, or who begins to live, in a group family day care home or family day care home:

Corrected by Sep 16, 2024

413.4(c)(3) · a search of the state-based child abuse or neglect repository of any state other than New York where such person lives or lived during the preceding five years.

Corrected by Sep 16, 2024

416.3(a)(1) · Child care can only be provided in the areas of the group family day care home that have been included in the diagram and approved as child care space.

Corrected by Sep 16, 2024

416.5(j) · All matches, lighters, medicines, drugs, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers, and 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.

Corrected by Sep 16, 2024

416.6(a) · The Licensee must obtain written consent on forms furnished by the Office or approved equivalents from the parent of the child for any transportation of the children in care at the group family day care home provided or arranged for by a caregiver.

Corrected by Sep 16, 2024

416.11(h)(1)(i) · The caregivers also must: obtain written consent at the time of admission from the parent which authorizes the provider or other caregivers to obtain emergency health care for the child;

Corrected by Sep 16, 2024

416.15(b)(12) · The group family day care home must report to the Office: any change affecting, or which reasonably might be expected to affect, those portions of the building and property in which the program is operating or which are used for the children's egress in the case of emergency; any change in household members; and any other change that would place the home out of compliance with applicable regulations.

Corrected by Sep 16, 2024

416.15(b)(19)(i) · Within five days of a household member turning eighteen (18) years of age or a person eighteen (18) years of age or older beginning to live in the residence, the program must: submit the State Central Register of Child Abuse And Maltreatment database check forms necessary to complete required screening by the Statewide Central Register of Child Abuse and Maltreatment to determine if the person is the subject of an indicated report of child abuse or maltreatment; and

Corrected by Sep 16, 2024

416.15(b)(19)(ii) · Within five days of a household member turning eighteen (18) years of age or a person eighteen (18) years of age or older beginning to live in the residence, the program must: submit the forms necessary to check the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs pursuant to Section 495 of the Social Services Law; and

Corrected by Sep 16, 2024

416.15(b)(19)(iii) · Within five days of a household member turning eighteen (18) years of age or a person eighteen (18) years of age or older beginning to live in the residence, the program must: submit the necessary fingerprint image necessary to complete the criminal history review required pursuant to section 413.4 of this Article.

Corrected by Sep 16, 2024

416.15(c)(3) · The program must maintain on file at the group family day care home, available for inspection the name, address, gender, and date of birth of each child and each child's parents names, addresses, telephone numbers and place(s) at which parents or other persons responsible for the child can be reached in case of an emergency;

Corrected by Sep 16, 2024

416.15(c)(4) · The program must maintain on file at the group family day care home, available for inspection the names and addresses of persons authorized to take the child(ren) from the group family day care home;

Corrected by Sep 16, 2024

416.15(c)(8) · The program must maintain on file at the group family day care home, available for inspection a medical statement regarding the health of all persons residing in the group family day care home, as required in section 416.11 of this Part;

Corrected by Sep 16, 2024

416.15(c)(18) · The program must maintain on file at the group family day care home, available for inspection: the napping agreement for each child in care;

Corrected by Sep 16, 2024

416.11(f)(17) · Medications must be kept in a clean area that is inaccessible to children.

Corrected by Jun 17, 2024

416.4(b)(1) · Evacuation drills must be conducted at least monthly during the hours of operation of the group family day care home.

Corrected by Jun 17, 2024

416.5(b)(3)(vi) · The emergency plan must include the following: a strategy for sheltering in place; and how the health, safety and emotional needs of children will be met in the event it becomes necessary to shelter-in-place; and

Corrected by Mar 25, 2024

416.15(c)(1) · The program must maintain on file at the group family day care home, available for inspection a copy of the evacuation plan, evacuation drills, and shelter-in-place drills conducted, on forms furnished by the Office or approved equivalents, as required in sections 416.4 and 416.5 of this Part;

Corrected by Mar 25, 2024

416.15(c)(13) · The program must maintain on file at the group family day care home, available for inspection: a daily schedule documenting the arrival and departure times of each caregiver, employees and volunteers;

Corrected by Mar 25, 2024

416.5(b)(7) · Each program must have on site a variety of supplies including food, water, first aid and other safety equipment to allow for the protection of the health and safety of children in the event parents are unable to pick up children due to a local disaster. The plan must take into account a child's needs for an overnight stay. Food supplies must be non-perishable and of sufficient quantity for all children for an overnight stay.

Corrected by Feb 21, 2024

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

Corrected by Feb 21, 2024

416.5(y) · All window and door blind cords, ropes, wires and other strangulation hazards must be secured and inaccessible to children.

Corrected by Feb 21, 2024

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

Corrected by Jan 9, 2024

416.5(q) · Windows above the first floor, other than those identified for emergency evacuation, that are accessible to children and which present a fall hazard must be protected by permanent barriers or restrictive locking devices which prevent a window from opening fully and prevent children from falling out of the windows.

Corrected by Jan 9, 2024

416.15(c)(5) · The program must maintain on file at the group family day care home, available for inspection daily attendance records that are filled out at the time a child arrives and departs, and must include arrival and departure times;

Corrected by Jan 9, 2024

416.4(b)(1) · Evacuation drills must be conducted at least monthly during the hours of operation of the group family day care home.

Corrected by Jul 27, 2023

416.5(b)(4) · Each program must hold two shelter-in-place drills annually during which procedures and supplies are reviewed. Parents must be made aware of this drill in advance.

Corrected by Jul 27, 2023

416.11(a)(1) · 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.

Corrected by Jul 27, 2023

416.11(a)(3) · The program must keep documentation of immunizations the child has received to date, in accordance with New York State Public Health Law.

Corrected by Jul 27, 2023

416.11(c)(2)(i) · The health care plan must describe the following; how a daily health check of each child for any indication of illness, injury, abuse or maltreatment will be conducted and documented;

Corrected by Jul 27, 2023

416.15(c)(13) · The program must maintain on file at the group family day care home, available for inspection: a daily schedule documenting the arrival and departure times of each caregiver, employees and volunteers;

Corrected by Jul 27, 2023