413.4(b) · The following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act in accordance with a schedule developed by the Office for any existing 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, and any person age eighteen (18) or older living in a group family day care home or family day care home:

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

413.4(d)(6) · Pending notification of completion of all required background check components in subdivision (a) of this section, a prospective director, employee or volunteer must always be supervised by an individual who received a qualifying result on the background checks described in paragraph (a) of this section within the past five years. A provisional director, employee or volunteer shall not have unsupervised contact with children in care.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

418-1.3(h) · Peeling or damaged paint or plaster must be repaired.

Corrected Corrected by May 12, 2026

Marked corrected in the state record.

418-1.7(r)(7) · The resting/napping places must: be at least two feet apart from each other.

Corrected Corrected by May 12, 2026

Category: physical safety. Marked corrected in the state record.

418-1.8(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 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.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

418-1.8(j) · When a child care center is in operation, an adequate number of qualified teachers must be on duty to ensure the health and safety of the children in care.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

418-1.8(k)(2)(i) · for children between ages 6 weeks old and 18 months old: there must be one teacher for every four children;

Open Not marked corrected in the state record

Open / not marked corrected.

418-1.8(k)(3)(i) · for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

Open Not marked corrected in the state record

Open / not marked corrected.

418-1.13(b) · Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following:

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

418-1.15(a)(1)(i) · Each child day care center must obtain a license from the Office. No person or entity may operate a child day care center without a license from the Office.

Open Not marked corrected in the state record

Open / not marked corrected.

418-1.15(a)(1)(ii) · Each child day care center must operate in compliance with the regulations of the Office and all other applicable laws and regulations.

Open Not marked corrected in the state record

Open / not marked corrected.

418-1.15(a)(3) · A new application for a license must be submitted to the Office when there is a change in the address or owner or when a license is sought following the revocation of or denial of an application to renew a license.

Open Not marked corrected in the state record

Open / not marked corrected.

418-1.15(a)(4) · The provisions specified on the license are binding and the child day care center must operate in compliance with the terms of the license. The number and age range of children specified thereon are the maximum number and age range of children who may be in the care of the child day care center at any one time.

Open Not marked corrected in the state record

Open / not marked corrected.

418-1.15(a)(7) · A license is not transferable to any other person, entity or location.

Open Not marked corrected in the state record

Open / not marked corrected.

418-1.15(b)(12)(iv) · The child day care center must report to the Office: immediately upon learning of any other change that would place the center out of compliance with applicable regulations;

Open Not marked corrected in the state record

Open / not marked corrected.

418-1.15(c)(6) · 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: 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 child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Corrected Corrected by May 12, 2026

Category: ratio. Marked corrected in the state record.

418-1.15(c)(31) · 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 licensed by the New York State Department of State to perform fire alarm systems maintenance, repair and testing which shows that the fire alarm and detection systems have been inspected, tested and maintained during the current license period in accordance with the applicable requirements of the Fire and Building Code of New York State;

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

418-1.15(b)(6)(i) · Information relating to an individual child is confidential and cannot be disclosed without written parental permission to anyone other than the Office, its designees or other persons authorized by law.

Corrected Corrected by Apr 15, 2026

Marked corrected in the state record.

418-1.11(b)(13) · Staff must be aware of each child's special health care needs identified in the child's individual health care plan. This includes, but is not limited to, allergies, disabilities and medical conditions.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

418-1.11(c)(1) · The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program's health care consultant unless the only medications to be administered are:

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

418-1.12(an) · Staff must take steps to prevent a child's exposure to the foods to which the child is allergic.

Corrected Corrected by Feb 4, 2026

Category: nutrition. Marked corrected in the state record.

418-1.5(aa) · The following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for young children to swallow.

Corrected Corrected by Jan 21, 2026

Category: physical safety. Marked corrected in the state record.

418-1.15(b)(14)(iii) · 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 injury,

Corrected Corrected by Jan 21, 2026

Category: transportation. Marked corrected in the state record.

418-1.15(c)(5) · 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: daily attendance records, which must be filled out at the time a child arrives and departs, and must include arrival and departure times;

Corrected Corrected by Jan 21, 2026

Category: recordkeeping. Marked corrected in the state record.

413.4(d)(5) · A prospective director, employee or volunteer may begin to work 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 after completing the check described in paragraphs (1) or (2) of subdivision (a) of this section.

Open Not marked corrected in the state record

Open / not marked corrected.

413.4(d)(6) · Pending notification of completion of all required background check components in subdivision (a) of this section, a prospective director, employee or volunteer must always be supervised by an individual who received a qualifying result on the background checks described in paragraph (a) of this section within the past five years. A provisional director, employee or volunteer shall not have unsupervised contact with children in care.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

418-1.11(a)(2) · The written medical statement from the health care provider must also state whether the child is a child with special health care needs and, if so, what special provisions, if any, will be necessary in order for the child to participate in child day care. When the written statement from the health care provider advises the day care program that the child being enrolled is a child with special health care needs, the day care program must work together with the parent and the child's health care provider to develop a reasonable health care plan for the child while the child is in the child day care program. The health care plan for the child must also address how the day care program will obtain or develop any additional competencies that the staff will need to have in order to carry out the health care plan for the child.

Corrected Corrected by Jan 12, 2026

Category: health medication. Marked corrected in the state record.

418-1.5(a) · Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Corrected Corrected by Sep 29, 2025

Category: physical safety. Marked corrected in the state record.

418-1.15(c)(5) · 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: daily attendance records, which must be filled out at the time a child arrives and departs, and must include arrival and departure times;

Corrected Corrected by May 16, 2025

Category: recordkeeping. Marked corrected in the state record.

418-1.4(e) · All fire suppression equipment and systems must be tested and maintained in accordance with the applicable requirements of the Fire Code and Building Code of New York State or other applicable fire and building codes when the Fire Code and Building Code of New York State is not applicable.

Corrected Corrected by Feb 3, 2025

Category: physical safety. Marked corrected in the state record.

418-1.15(c)(32) · 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;

Corrected Corrected by Feb 3, 2025

Category: recordkeeping. Marked corrected in the state record.

418-1.15(b)(23) · Upon termination or resignation of the director:

Corrected Corrected by Nov 15, 2024

Marked corrected in the state record.

418-1.13(b) · Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following:

Corrected Corrected by Jul 26, 2024

Category: background checks. Marked corrected in the state record.

413.4(d)(5) · A prospective director, employee or volunteer may begin to work 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 after completing the check described in paragraphs (1) or (2) of subdivision (a) of this section.

Corrected Corrected by May 14, 2024

Marked corrected in the state record.

413.4(d)(6) · Pending notification of completion of all required background check components in subdivision (a) of this section, a prospective director, employee or volunteer must always be supervised by an individual who received a qualifying result on the background checks described in paragraph (a) of this section within the past five years. A provisional director, employee or volunteer shall not have unsupervised contact with children in care.

Corrected Corrected by May 14, 2024

Category: supervision. Marked corrected in the state record.