The provider, assistant(s), and substitutes must each meet the following qualifications: have a minimum of either two (2) years of experience caring for children under six years of age, or one (1) year of experience caring for children under six years of age plus six hours of training or education in early childhood development. The phrase "experience caring for children" can mean child-rearing as well as paid and unpaid experience caring for children. The term "training" can mean educational workshops and courses in caring for preschool-age children;

416.13(a)(2) · Corrected Dec 3, 2025

The provider, assistant(s), and substitutes must each meet the following qualifications: provide to the Office the names, addresses and daytime telephone numbers of at least two acceptable references, other than relatives. At least one of the references must be able to attest to the employment history, work record and qualifications, if the person had ever been employed outside the home. At least one of the references must be able to attest to the character, habits and personal qualifications to be a group family day care provider, assistant, or substitute; and

416.13(a)(4) · Corrected Dec 3, 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 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 Sep 17, 2025

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 Sep 17, 2025

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: before such person has any involvement in child care work.

416.11(b)(1)(ii) · Corrected Sep 17, 2025

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:

413.4(a) · Corrected Sep 17, 2025

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

416.5(a) · Corrected Aug 4, 2025

The premises must be kept clean and free from dampness, odors and the accumulation of trash.

416.11(i)(22) · Corrected Aug 4, 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 Aug 4, 2025

The premises must be kept free of vermin.

416.11(i)(23) · Corrected Aug 4, 2025

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(b)(1) · Corrected Jun 21, 2024

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 Dec 22, 2023

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 22, 2023

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 22, 2023

No person other than a caregiver may have unsupervised contact with a child in care at the program.

416.15(b)(20) · Corrected Dec 22, 2023

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

416.5(a) · Corrected Nov 28, 2023

All child day care providers, employees, volunteers and any person age eighteen (18) or older living or who begins to live in a group family day care home are required to complete a Statewide Central Register database check.

416.13(d) · Corrected Nov 28, 2023

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

416.5(y) · Corrected Oct 26, 2023

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 Oct 26, 2023

All child day care providers, employees, volunteers and any person age eighteen (18) or older living or who begins to live in a group family day care home hired after June 30, 2013, must comply with the background check requirements for 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.

416.13(c) · Corrected Oct 26, 2023

Before the Office issues an initial license, the applicant must complete a health and safety training course approved by the Office relating to the protection of the health and safety of children and must demonstrate basic competency with regard to health and safety standards. Such training must comply with the federal minimum health and safety pre-service training requirements. Health and safety training received prior to issuance of the license, may be applied to the initial fifteen (15) hours of training required pursuant to section 416.14(c)(1) of this Part provided that such training was received within twelve (12) months of licensure. If an applicant does not become licensed or registered within two years of successfully completing the health and safety training, the coursework must be repeated.