New York child care, camp and ratio rules

Child care licensing

OCFS licenses child day care centers (seven or more children, more than three hours a day) and group family day care homes. Family day care homes, small day care centers (three to six children) and school-age child care programs (more than six school-age children) register with OCFS instead (Social Services Law §390). In New York City, center-based care for children under 6 needs a NYC Health Department permit under Article 47 of the NYC Health Code; school-age programs in NYC still register with OCFS.

After-school and recreation programs: Not child day care, so no license or registration: day camps as defined in the State Sanitary Code; after-school programs run for religious education, sports or recreation; and kindergarten, pre-K or after-school programs run by a public school district or a private elementary/secondary school on its own premises (Social Services Law §390(1)(a)).

Licensing agency: New York State Office of Children and Family Services (OCFS), Division of Child Care Services; in New York City, child care centers for children under 6 are permitted by the NYC Department of Health and Mental Hygiene

Sources: 18 NYCRR 418-1.8 (Cornell LII); 18 NYCRR 414.8 (Cornell LII); Social Services Law §390 (NY Senate); NYC Health: Child Care Center Based permits

Staff-to-child ratios in licensed centers

Rule: 18 NYCRR 418-1.8(k) (child day care centers); 18 NYCRR 414.8(k) (school-age child care programs). The school-age row is for children through age 9; children 10 to 12 are 1:15 with a maximum group of 30. School-age child care programs use the same school-age ratios, and groups mixing children over and under 10 use the ratio for the youngest child. When 3- to 5-year-olds are grouped together all day, use the ratio for the age of the majority. These are state OCFS rules; New York City centers permitted under NYC Health Code Article 47 follow the city's own staffing rules.

Work out your staffing with the ratio calculator

Summer camps

Summer day camps, traveling summer day camps and overnight camps need a permit from the local health department and are inspected twice a year. A summer day camp, for this rule, serves children under 16 between June 1 and September 15 with organized activities, at least one of which is a non-passive recreational activity with significant risk of injury (10 NYCRR 7-2.2). Programs that do not meet the camp definition are not permitted as camps; summer programs may instead be run by OCFS-licensed child care programs.

Camp agency: New York State Department of Health (Subpart 7-2 of the State Sanitary Code); permits are issued and camps inspected by the local health department (the NYC Health Department in New York City)

Sources: NYS DOH Children's Camps; 10 NYCRR 7-2.2 definitions (Cornell LII); NYC Health Code Article 48 (camps)

Background checks

Prospective child care employees, directors, operators and volunteers with potential unsupervised contact need state (DCJS) and FBI fingerprint checks, a Statewide Central Register (child abuse) database check, New York and national sex offender registry searches, and criminal, sex offender and child abuse registry checks for any other state lived in during the past five years. Clearances must be repeated at least every five years (Social Services Law §390-b). Children's camps: camp directors undergo background checks and operators must check staff and volunteers against the New York State and national sex offender registries.

Sources: Social Services Law §390-b (NY Senate); NYS DOH Children's Camps

Giving medication

A program that gives medicine needs an OCFS health care plan (approved by a health care consultant if it gives more than topical products and emergency medicines), and only designated staff who completed OCFS Medication Administration Training (or hold a nursing or medical license) may give it. Ongoing doses need written parent permission plus written instructions from the prescriber, medicine stays in its original container, each dose is documented, and errors must be reported to the parent immediately and to OCFS within 24 hours (18 NYCRR 418-1.11).

Free medication administration log

Sources: 18 NYCRR 418-1.11 (Cornell LII)

Reporting child abuse

Listed professionals must report, including day care center workers, school-age child care workers, family and group family day care providers, other child care workers, directors of overnight, summer day and traveling day camps, school staff, and compensated school employees who hold a coaching license or certificate (Social Services Law §413). Reports must be made immediately by phone, followed by a written report within 48 hours (§415).

New York child abuse hotline: Mandated reporters: 1-800-635-1522; public: 1-800-342-3720 (how to report). In an emergency, call 911.

Sources: Social Services Law §413 (NY Senate); Social Services Law §415 (NY Senate); OCFS Child Protective Services