The clearances required pursuant to this section, other than those for which on-going criminal history results are provided, shall be conducted 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, as defined in section (2) of this part, and any person age eighteen (18) or older living in a group family day care home or family day care home at least once every five years in accordance with a schedule developed by the Office.

413.4(d)(4) · Not corrected

The home must have adequate indoor space for the comfort of the children and to accommodate a variety of activities for the number of children in care.

416.3(j) · Not corrected

Windows above the first floor, other than those identified for emergency evacuation, that are accessible to children and which present a fall hazard must be protected by permanent barriers or restrictive locking devices which prevent a window from opening fully and prevent children from falling out of the windows.

416.5(q) · Not corrected

The home must be equipped with a portable first aid kit which is accessible for emergency treatment. The first aid kit must be stocked to treat a broad range of injuries and situations and must be restocked as necessary. The first aid kit and any other first aid supplies must be kept in a clean, covered container or cabinet inaccessible to children.

416.11(h)(2) · Not corrected

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.

The clearances required pursuant to this section, other than those for which on-going criminal history results are provided, shall be conducted 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, as defined in section (2) of this part, and any person age eighteen (18) or older living in a group family day care home or family day care home at least once every five years in accordance with a schedule developed by the Office.

413.4(d)(4) · Not corrected

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) · Not corrected

The licensee must maintain on file a record of each evacuation drill conducted, using forms provided by the Office or approved equivalents.

416.4(b)(4) · Corrected Feb 20, 2025

The licensee must maintain on file a record of each shelter-in-place drill conducted, using forms provided by the Office or approved equivalents.

416.5(b)(5) · Corrected Feb 20, 2025

Renewal. Applicants for renewal of a license must submit to the Office at least 60 days in advance of the expiration date of the license the following:

416.2(d) · Corrected Dec 16, 2024

Applicants for renewal of a license must submit to the Office at least 60 days in advance of the expiration date of the license the following: proof of compliance with the training requirements of section 416.14 of this Part; and

416.2(d)(7) · Corrected Dec 16, 2024

The caregivers also must: obtain written consent at the time of admission from the parent which authorizes the provider or other caregivers to obtain emergency health care for the child;

416.11(h)(1)(i) · Corrected Aug 7, 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 Nov 29, 2023

The provider must be the primary caregiver of children in a group family day care home.

416.8(e) · Corrected Oct 30, 2023

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

416.8(d) · Corrected Oct 30, 2023

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 Oct 4, 2023

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 Oct 4, 2023

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 Sep 18, 2023

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 Sep 18, 2023

Peeling or damaged paint or plaster must be repaired.

416.3(h) · Corrected Sep 18, 2023

Children may not sleep or nap in car seats, baby swings, strollers, infant seats or bouncy seats. Should a child fall asleep in one of these devices, he or she must be moved to a crib/cot or other approved sleeping surface.

416.7(j) · Corrected Sep 18, 2023

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.

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.

416.12(n) · Corrected Sep 14, 2023

911 and the poison control phone number must be posted conspicuously on or next to the telephone.

416.5(m)(5) · Corrected Sep 14, 2023

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 14, 2023