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.

416.11(a)(1) · Corrected Sep 19, 2025

Cleaning materials must be stored in their original containers unless the product's use or the program's health care plan indicates that the product be mixed with water before use. In this case, the container used for subsequent use of the mixed product must state the name of the cleaning material contained within. Cleaning 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.

416.5(k) · Corrected Jun 12, 2025

All window and door blind cords, ropes, wires and other strangulation hazards must be secured and inaccessible to children.

416.5(y) · Corrected May 30, 2025

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

416.5(i) · Corrected May 30, 2025

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.

416.5(j) · Corrected May 30, 2025

Other than for school age children, sleeping and napping arrangements must be made in writing between the parent and the program. Such arrangements shall include: the area of the home where the child will nap; whether the child will nap on a cot, mat, bed or a crib; and how the napping child will be supervised, consistent with the requirements of section 416.8 of this Part.

416.7(l) · Corrected May 9, 2025

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.

416.5(j) · Corrected May 9, 2025

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

416.5(i) · Corrected May 9, 2025

Sleeping surfaces, including bedding, which is the removable and washable portion of the sleeping environment, must not come in contact with the sleeping surfaces of another child's rest equipment during storage. Mats and cots must be stored so that the sleeping surfaces do not touch when stacked.

416.7(r) · Corrected May 9, 2025

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.

Corporal punishment is prohibited. For the purposes of this Part, 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, hot spices, irritants or the like.

416.9(j) · Corrected May 9, 2025

The provider, assistant(s), and substitutes must each meet the following qualifications: be capable of providing, and agree to provide, safe and suitable care to children which is supportive of the children's physical, intellectual, emotional and social well-being;

416.13(a)(3) · Corrected May 9, 2025

The caregiver 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 a caregiver: serious injury,

416.15(b)(14)(iii) · Corrected May 9, 2025

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;

416.15(c)(13) · Corrected Jan 3, 2025

Personal residence means a one or two family dwelling or a single dwelling unit in a multiple dwelling classified for permanent occupancy under the New York State Building Code, except that a community residence shall not be considered a residence for purposes of the child day care regulations. A one family residence shall be considered to have one dwelling unit and a two family residence shall be considered to have two dwelling units. A dwelling unit must be occupied or used as living space to be used for family or group family day care and considered a residence for purposes of the child day care regulations, except as follows:

413.2(d)(12) · Corrected Jan 3, 2025

Applicants for a license must submit to the Office: the site to be used for child care must meet the definition and requirements of a personal residence as outlined in Part 413. The licensee must submit documentation, acceptable to the Office, to prove that the group family day care home is being used as a residence;

416.2(a)(14) · Corrected Jan 3, 2025

The provider, assistant(s), and substitutes must each meet the following qualifications: be capable of providing, and agree to provide, safe and suitable care to children which is supportive of the children's physical, intellectual, emotional and social well-being;

416.13(a)(3) · Corrected Jan 3, 2025

The caregivers, employees, volunteers and all members of the household must be in good health and be of good character and habits.

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.

416.8(a) · Corrected Dec 5, 2024

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.

416.8(j)(3) · Corrected Dec 5, 2024

Other than for school age children, sleeping and napping arrangements must be made in writing between the parent and the program. Such arrangements shall include: the area of the home where the child will nap; whether the child will nap on a cot, mat, bed or a crib; and how the napping child will be supervised, consistent with the requirements of section 416.8 of this Part.

416.7(l) · Corrected Dec 5, 2024

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)(6) · Corrected Sep 11, 2024

Other than for school age children, sleeping and napping arrangements must be made in writing between the parent and the program. Such arrangements shall include: the area of the home where the child will nap; whether the child will nap on a cot, mat, bed or a crib; and how the napping child will be supervised, consistent with the requirements of section 416.8 of this Part.

416.7(l) · Corrected Feb 28, 2024

Personal residence means a one or two family dwelling or a single dwelling unit in a multiple dwelling classified for permanent occupancy under the New York State Building Code, except that a community residence shall not be considered a residence for purposes of the child day care regulations. A one family residence shall be considered to have one dwelling unit and a two family residence shall be considered to have two dwelling units. A dwelling unit must be occupied or used as living space to be used for family or group family day care and considered a residence for purposes of the child day care regulations, except as follows:

413.2(d)(12) · Corrected Feb 28, 2024

Applicants for a license must submit to the Office: the site to be used for child care must meet the definition and requirements of a personal residence as outlined in Part 413. The licensee must submit documentation, acceptable to the Office, to prove that the group family day care home is being used as a residence;

416.2(a)(14) · Corrected Feb 28, 2024

In addition to a smoke detector on each floor, there must be a smoke detector located either within rooms where children nap, or in adjoining rooms. In the case of rooms used for napping or sleeping which have doors, a smoke detector is required inside that room.

416.4(d) · Corrected Feb 28, 2024