The Learning Experience

418-1.2(f) · Applicants for renewal of a license may not be issued a license until an inspection of the child day care center has been conducted showing compliance with the requirements of this Subpart and the relevant provisions of the Social Services Law.

418-1.5(a)(1)(i) · The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and

418-1.8(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 teacher's range of vision and that the teacher 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.

418-1.8(e) · A group teacher, meeting the qualifications of section 418-1.13, is required for every group of children.

418-1.11(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 staff 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:

418-1.11(h)(1) · The program must immediately call 911 for children who require emergency medical care and also must:

418-1.15(a)(1)(ii) · Each child day care center must operate in compliance with the regulations of the Office and all other applicable laws and regulations.

418-1.15(a)(4) · The provisions specified on the license are binding and the child day care center must operate in compliance with the terms of the license. The number and age range of children specified thereon are the maximum number and age range of children who may be in the care of the child day care center at any one time.

418-1.15(b)(14)(iii) · The program 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 the program: serious injury,

418-1.15(a)(4) · The provisions specified on the license are binding and the child day care center must operate in compliance with the terms of the license. The number and age range of children specified thereon are the maximum number and age range of children who may be in the care of the child day care center at any one time.

418-1.5(a)(1) · The program must take suitable precautions to prevent the following:

418-1.8(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 teacher's range of vision and that the teacher 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.

418-1.11(h)(1) · The program must immediately call 911 for children who require emergency medical care and also must:

418-1.11(i)(1) · Staff and volunteers must thoroughly wash their hands with soap and running water at the beginning of each day, before and after the administration of medications, when they are dirty, after toileting or assisting children with toileting, after changing a diaper, before and after food handling or eating, after handling pets or other animals, after contact with any bodily secretion or fluid, and after coming in from outdoors.

Corrected by May 21, 2026

418-1.13(g)(3) · To be qualified as a group teacher for an infant or toddler class, a person must possess either:

418-1.15(c)(6) · The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: 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 child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Corrected by May 21, 2026

418-1.5(a)(1)(i) · The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and

418-1.8(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 teacher's range of vision and that the teacher 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.

418-1.5(a)(1)(i) · The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and

418-1.8(f) · An additional group teacher or an assistant teacher is required when the number of children in the group dictate that a second teacher be present to meet the teacher/child ratio.

Corrected by Mar 27, 2026

418-1.8(m) · There must be a director, group teacher or assistant teacher supervising all applicants, volunteers and persons in the process of approval.

Corrected by Jul 22, 2025

418-1.13(b)(6) · Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following: The information necessary to complete the criminal history review and background clearance requirements as outlined in this Part. This information must be submitted to the Office on forms provided by the Office.

Corrected by Jul 22, 2025

413.4(a)(4) · a database check of the Statewide Central Register of Child Abuse and Maltreatment in accordance with section four hundred twenty-four-a of the Social Services Law.

Corrected by Jun 16, 2025

418-1.13(b)(3) · Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following: a sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, such applicant has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction and fingerprint images as required to comply with the requirements of 413.4 of this Title;

Corrected by Jun 16, 2025

418-1.8(k)(3)(i) · for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

Corrected by Aug 19, 2024

418-1.2(a)(16) · Applicants for a license must submit to the Office: a sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, the applicant has ever been convicted of a misdemeanor or a felony in New York State or any other jurisdiction, and fingerprint images to comply with the requirements of section 413.4 of this Title;

Corrected by Jul 25, 2024

418-1.8(m) · There must be a director, group teacher or assistant teacher supervising all applicants, volunteers and persons in the process of approval.

Corrected by Jul 25, 2024

418-1.14(b) · Each applicant for, or individual in the position of director, teacher, or volunteer must complete Office-approved training that complies with federal minimum health and safety pre-service or three-month orientation period requirements. This training must be obtained pre-service or within three months of starting such position.

Corrected by Jul 25, 2024

418-1.13(b)(3) · Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following: a sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, such applicant has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction and fingerprint images as required to comply with the requirements of 413.4 of this Title;

Corrected by Jun 11, 2024