413.4(a) · 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:

Corrected Corrected by Jun 12, 2025

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

416.5(n)(4) · Play equipment must be used specifically for its intended purpose. Such equipment and apparatus may be used only by the children for whom it is developmentally appropriate.

Corrected Corrected by Apr 21, 2025

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

416.8(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 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.

Corrected Corrected by Apr 21, 2025

Category: supervision. Marked corrected in the state record.

416.10(a) · Any abuse or maltreatment of a child receiving child care or residing in the home, including the provider's children and any foster children, is prohibited. A group family day care home must prohibit and may not tolerate or in any manner condone an act of abuse or maltreatment by an employee, volunteer or any other person. An abused child or maltreated child means a child defined as an abused child or maltreated child pursuant to section 412 of the Social Services Law.

Corrected Corrected by Apr 21, 2025

Marked corrected in the state record.

416.11(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 caregivers 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 Apr 21, 2025

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

416.15(c)(5) · The program must maintain on file at the group family day care home, available for inspection daily attendance records that are filled out at the time a child arrives and departs, and must include arrival and departure times;

Corrected Corrected by Apr 21, 2025

Category: recordkeeping. Marked corrected in the state record.

416.15(c)(13) · 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;

Corrected Corrected by Apr 21, 2025

Category: recordkeeping. Marked corrected in the state record.

416.11(i)(10) · 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 Apr 21, 2025

Category: ratio. Marked corrected in the state record.

416.14(c) · Each employee and volunteer must complete a minimum of thirty (30) hours of training every two years. The required 30 hours of training every two years is subject to the following conditions:

Corrected Corrected by Mar 21, 2025

Category: recordkeeping. Marked corrected in the state record.

416.4(f) · 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.

Corrected Corrected by Dec 17, 2024

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

416.8(j)(3) · 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.

Corrected Corrected by Sep 9, 2024

Marked corrected in the state record.

416.15(c)(18) · The program must maintain on file at the group family day care home, available for inspection: the napping agreement for each child in care;

Corrected Corrected by Sep 9, 2024

Category: recordkeeping. Marked corrected in the state record.

416.5(l)(7) · The program must provide parents with a written description of all animals kept on the premises prior to a child's enrollment in the program.

Corrected Corrected by May 24, 2024

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

416.15(c)(6) · 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;

Corrected Corrected by May 24, 2024

Category: ratio. Marked corrected in the state record.

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

Corrected Corrected by Feb 27, 2024

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

416.3(e) · A firm clean crib, cot, bed or washable padded mat of age-appropriate size and construction must be provided for all children requiring a rest period.

Corrected Corrected by Jul 28, 2023

Marked corrected in the state record.

416.5(f)(2) · Barriers must exist to prevent children from gaining access to unsafe, dangerous or hazardous areas or devices. Such areas and devices include, but are not limited to, holes, pits, wood, pellet and coal burning stoves, fireplaces and permanently installed gas space heaters.

Corrected Corrected by Jul 28, 2023

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

416.5(g)(1) · The use of spa pools, hot tubs and fill-and-drain wading pools is prohibited.

Corrected Corrected by Jul 28, 2023

Marked corrected in the state record.

416.5(l)(2) · All animals present at the program that require a license must be licensed.

Corrected Corrected by Jul 28, 2023

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

416.5(m)(5) · 911 and the poison control phone number must be posted conspicuously on or next to the telephone.

Corrected Corrected by Jul 28, 2023

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

416.7(j) · 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.

Corrected Corrected by Jul 28, 2023

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

416.7(l) · 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.

Corrected Corrected by Jul 28, 2023

Category: supervision. Marked corrected in the state record.

416.7(n) · Cribs, bassinets and other sleeping areas for infants through 12 months of age must include an appropriately sized fitted sheet, and must not have bumper pads, toys, stuffed animals, blankets, pillows, wedges or infant positioners. Wedges or infant positioners will be permitted with medical documentation from the child's health care provider.

Corrected Corrected by Jul 28, 2023

Category: recordkeeping. Marked corrected in the state record.

416.7(r) · 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.

Corrected Corrected by Jul 28, 2023

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

416.8(k) · A provider must be approved by the Office or its representatives prior to assuming the role in any group family day care program.

Corrected Corrected by Jul 28, 2023

Marked corrected in the state record.

416.11(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 Jul 28, 2023

Category: recordkeeping. Marked corrected in the state record.

416.11(a)(3) · The program must keep documentation of immunizations the child has received to date, in accordance with New York State Public Health Law.

Corrected Corrected by Jul 28, 2023

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

416.11(b)(1)(ii) · 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.

Corrected Corrected by Jul 28, 2023

Marked corrected in the state record.

416.12(q) · If more than one child in the program is receiving breast milk, infant formula or other individualized food items, all containers or bottles must be clearly marked with the child's first and last name.

Corrected Corrected by Jul 28, 2023

Category: nutrition. Marked corrected in the state record.

416.12(ab) · Children may not be placed in a crib with a bottle, food or drink.

Corrected Corrected by Jul 28, 2023

Category: nutrition. Marked corrected in the state record.

416.15(c)(3) · The program must maintain on file at the group family day care home, available for inspection the name, address, gender, and date of birth of each child and each child's parents names, addresses, telephone numbers and place(s) at which parents or other persons responsible for the child can be reached in case of an emergency;

Corrected Corrected by Jul 28, 2023

Category: recordkeeping. Marked corrected in the state record.