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 Jul 14, 2025

Only approved caregivers may be left unsupervised with day care children.

416.8(d) · Corrected Jul 14, 2025

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 Jun 11, 2025

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 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 caregivers will need to have in order to carry out the health care plan for the child.

416.11(a)(2) · Corrected Mar 12, 2025

The required 30 hours of training every two years is subject to the following conditions: A minimum of five (5) hours of Office-approved training must be obtained each year which addresses topics or subject matters set forth in 416.14(f).

416.14(c)(2) · Corrected Mar 12, 2025

With the exception of children meeting the criteria of section 416.11(a)(6), children enrolled in child day care must remain current with their immunizations in accordance with the current schedule for required immunizations established in the New York Public Health Law.

416.11(a)(7) · Corrected Mar 12, 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.

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.

416.14(m) · Corrected Oct 22, 2024

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,

416.15(b)(11)(ii)(a) · Corrected Jun 11, 2024

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,

416.15(b)(11)(ii)(b) · Corrected Jun 11, 2024

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

416.15(b)(11)(ii)(d) · Corrected Jun 11, 2024

In hiring caregivers subsequent to issuance of a license, a program: must ensure that a medical statement has been submitted before the person has any involvement with children in care, as required in section 416.11 of this Part;

416.15(b)(11)(iii) · Corrected Jun 11, 2024

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,

416.15(b)(11)(ii)(a) · Corrected Apr 24, 2024

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,

416.15(b)(11)(ii)(b) · Corrected Apr 24, 2024

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

416.15(b)(11)(ii)(d) · Corrected Apr 24, 2024

In hiring caregivers subsequent to issuance of a license, a program: must ensure that a medical statement has been submitted before the person has any involvement with children in care, as required in section 416.11 of this Part;

416.15(b)(11)(iii) · Corrected Apr 24, 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 Mar 18, 2024

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 Mar 18, 2024

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 Mar 18, 2024

Multi-purpose fire extinguishers of a type approved for use in residences must be maintained in good working condition and placed in the kitchen and outside the furnace room. A group family day care program located in a multiple family dwelling is not required to place or maintain a fire extinguisher outside the furnace room of such dwelling. The caregivers must know how to use the fire extinguishers placed in such home. Fire extinguishers with gauges must show a full charge. Fire extinguishers with seals must have unbroken seals.