418-1.14(b) · Each applicant for, or individual in the position of director, teacher, or volunteer must complete Office-approved training that complies with federal minimum health and safety pre-service or three-month orientation period requirements. This training must be obtained pre-service or within three months of starting such position.

Corrected Corrected by Feb 19, 2026

Category: recordkeeping. Marked corrected in the state record.

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.

Corrected Corrected by Oct 9, 2025

Category: ratio. 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 Oct 9, 2025

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

418-1.11(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 Corrected by Oct 1, 2025

Category: recordkeeping. Marked corrected in the state record.

418-1.11(i)(18)(iii) · 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.

Corrected Corrected by Oct 1, 2025

Category: ratio. Marked corrected in the state record.

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

Corrected Corrected by Jul 14, 2025

Marked corrected in the state record.

418-1.4(d) · All fire alarm and detection systems must be inspected, 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 Jul 14, 2025

Category: physical safety. 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 Jul 14, 2025

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

418-1.15(c)(22) · 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;

Corrected Corrected by Jul 14, 2025

Category: recordkeeping. 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 Jul 10, 2025

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

418-1.11(i)(8) · The premises must be kept clean and free from dampness, odors and the accumulation of trash.

Corrected Corrected by Jul 10, 2025

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

418-1.11(i)(9) · The premises must be kept free of vermin.

Corrected Corrected by Jul 10, 2025

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

418-1.15(b)(14)(iv) · 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 condition,

Corrected Corrected by Jul 10, 2025

Category: transportation. Marked corrected in the state record.

418-1.4(b)(1) · Evacuation drills must be conducted at least monthly during various hours of operation of the child day care center.

Corrected Corrected by Dec 11, 2024

Category: ratio. Marked corrected in the state record.

418-1.8(n) · 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.

Corrected Corrected by Dec 11, 2024

Category: supervision. Marked corrected in the state record.

418-1.12(w) · 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.

Corrected Corrected by Dec 11, 2024

Category: nutrition. Marked corrected in the state record.

418-1.12(ah) · The propping of bottles is prohibited.

Corrected Corrected by Dec 11, 2024

Marked corrected in the state record.

418-1.14(b)(1) · Any teacher, director, or volunteer who has not completed this training must not be left unsupervised with children in care until such time as the training has been completed.

Corrected Corrected by Dec 11, 2024

Category: supervision. Marked corrected in the state record.

418-1.15(c)(11) · 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: personnel information including a list of all staff with job assignments and schedules; each staff and volunteer's final and, if applicable, provisional criminal history review and background check approval letter(s); staff resumes; medical statements; acceptable references and other information required by section 418-1.13 of this Subpart;

Corrected Corrected by Aug 16, 2024

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

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.

Corrected Corrected by Aug 7, 2024

Marked corrected in the state record.

418-1.5(v) · 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.

Corrected Corrected by Aug 5, 2024

Category: ratio. 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.

Corrected Corrected by Aug 5, 2024

Category: supervision. Marked corrected in the state record.

418-1.15(b)(23)(iv) · Upon termination or resignation of the director: An approved, permanent director must be on-site, performing the duties of the position, within 90 days.

Corrected Corrected by Aug 5, 2024

Marked corrected in the state record.

418-1.8(l)(7) · Except for Office approved continuity of care classrooms, infants may never be mixed with other age groups.

Corrected Corrected by Jun 4, 2024

Marked corrected in the state record.

418-1.10(b)(1)(i) · The child day care center must submit to the Office the information necessary to inquire of the Statewide Central Register of Child Abuse and Maltreatment whether any prospective operator, director, employee or volunteer is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment. In accordance with a schedule developed by the Office, the Office must inquire whether any existing operator, director, employee or volunteer 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 Corrected by May 24, 2024

Category: recordkeeping. 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 May 24, 2024

Category: transportation. 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.

Corrected Corrected by May 24, 2024

Category: supervision. Marked corrected in the state record.

418-1.8(b) · The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Corrected Corrected by May 24, 2024

Marked corrected in the state record.

418-1.10(c)(1) · 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.

Corrected Corrected by May 13, 2024

Marked corrected in the state record.

418-1.15(b)(14)(ii) · 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,

Corrected Corrected by May 13, 2024

Category: transportation. Marked corrected in the state record.

418-1.4(b)(4) · The program must maintain on file a record of each evacuation drill conducted, using forms furnished by the Office or approved equivalents.

Corrected Corrected by Mar 28, 2024

Category: recordkeeping. Marked corrected in the state record.

418-1.4(h) · The director or a designated qualified staff member must conduct monthly inspections of the premises to observe possible fire or safety hazards. Any such hazard must be corrected immediately.

Corrected Corrected by Mar 28, 2024

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

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:

Corrected Corrected by Mar 28, 2024

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

418-1.8(k)(3)(ii) · for children between ages 18 months old and 36 months old: the maximum group size is twelve children.

Corrected Corrected by Jan 11, 2024

Category: ratio. Marked corrected in the state record.

418-1.11(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 Corrected by Jan 11, 2024

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

418-1.8(k) · The supervision ratios are as follows:

Corrected Corrected by Jan 10, 2024

Category: supervision. Marked corrected in the state record.

418-1.12(z) · All containers or bottles of, breast milk, formula or other individualized food items must be clearly marked with the child's complete name.

Corrected Corrected by Jan 10, 2024

Category: nutrition. Marked corrected in the state record.

418-1.5(v) · 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.

Corrected Corrected by Dec 28, 2023

Category: ratio. Marked corrected in the state record.

418-1.8(l)(11) · Day care centers that have been approved to operate a school-age children component in their day care center may only mix school age children with pre-school children at the very beginning of the day and the very end of the day. School age children may never be mixed with pre-school children for the entire period of time they are in care at the center.

Corrected Corrected by Dec 28, 2023

Marked corrected in the state record.

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 Dec 28, 2023

Category: health medication. 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 Dec 28, 2023

Category: recordkeeping. Marked corrected in the state record.

418-1.3(o)(2) · Buildings, systems and equipment must be kept in good repair and operate as designed.

Corrected Corrected by Nov 24, 2023

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

418-1.5(b)(2) · The Emergency Evacuation Diagram, as approved by the Office, must be posted in a conspicuous place in every room.

Corrected Corrected by Nov 24, 2023

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

418-1.15(c)(33) · 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 government authority having jurisdiction for determining compliance with the Fire and Building Code of New York State showing that the facility has been inspected and approved once every 12 months during the current license period for compliance with the applicable fire safety provisions of the Fire and Building Code of New York State;

Corrected Corrected by Nov 24, 2023

Category: recordkeeping. 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 Sep 25, 2023

Category: supervision. Marked corrected in the state record.

418-1.5(b)(5) · The program must maintain on file a record of each shelter-in-place drill conducted, using forms provided by the Office or approved equivalents.

Corrected Corrected by Sep 25, 2023

Category: recordkeeping. Marked corrected in the state record.

418-1.5(r) · 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.

Corrected Corrected by Sep 25, 2023

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

418-1.5(t) · Operating carbon monoxide detectors and alarms must be located in accordance with applicable laws.

Corrected Corrected by Sep 25, 2023

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

418-1.8(g) · Whenever the child day care center is in operation and the director is away from the premises, there must be a staff person designated to act on behalf of the director, who is knowledgeable about the programs operation and policies.

Corrected Corrected by Sep 25, 2023

Category: ratio. Marked corrected in the state record.

418-1.15(c)(11) · 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: personnel information including a list of all staff with job assignments and schedules; each staff and volunteer's final and, if applicable, provisional criminal history review and background check approval letter(s); staff resumes; medical statements; acceptable references and other information required by section 418-1.13 of this Subpart;

Corrected Corrected by Sep 25, 2023

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