Reviewed November 2026 18 NYCRR 418-1.8(k) · view rule 18 NYCRR 418-1.8(k) NYC Health Code § 47.23(f), effective August 2025 · view rule NYC Health Code § 47.23(f) (PDF)
Outside New York City, every type of child care program is licensed or registered by the Office of Children and Family Services (OCFS) under Title 18 of the NYCRR, Parts 413 to 418, and Social Services Law § 390. Inside the five boroughs, group child care centers instead hold a permit from the NYC Department of Health and Mental Hygiene under Article 47 of the NYC Health Code, while family and group family day care homes and school-age programs in NYC stay with OCFS. The two systems have different ratio tables. Recent changes include a ban on infant walkers, any-form epinephrine, longer licenses from June 2027, and NYC staffing flexibility.
Licensing agency: New York State Office of Children and Family Services (OCFS), Division of Child Care Services; in New York City, child care centers are permitted by the NYC Department of Health and Mental Hygiene · public license lookup
Inspection findings public? Yes, the state publishes licensing inspection results.
License types
- Child day care center outside NYC (7 or more children) — 18 NYCRR Part 413, Subpart 418-1; Soc. Serv. Law § 390
- Small day care center outside NYC (3 to 6 children) — 18 NYCRR Part 413, Subpart 418-2
- Group family day care home (7 to 12, plus up to 4 school-age) — 18 NYCRR Parts 413, 416
- Family day care home (3 to 6, up to 8 with school-age) — 18 NYCRR Parts 413, 417
- School-age child care (7 or more school-age children), statewide incl. NYC — 18 NYCRR Parts 413, 414
- NYC group child care center (DOHMH permit) — NYC Health Code Article 47
- NYC pre-K/kindergarten for ages 3-5 in schools — NYC Health Code Article 43
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Recent and upcoming changes
New York's core child care rules (18 NYCRR Parts 413 to 418) were last rewritten in 2020 and 2021. Since 2024 the changes have come in smaller pieces: two OCFS rules adopted in 2026, two OCFS proposals still pending as of November 8, 2026, a new statute on license length, and New York City Health Code amendments for center staffing. We checked the weekly State Register from January 2024 to November 4, 2026 for OCFS child care notices (all but nine issues could be downloaded), and cross-checked the pending-rule index in the November 4, 2026 issue.
Licenses and registrations will last up to six years
Signed June 5, 2026 and effective one year later, on June 5, 2027. Licenses and registrations will be valid for up to six years instead of four, as long as the program stays substantially in compliance. Until then the four-year term applies. This does not change NYC's two-year Health Code permits for group child care centers.
Infant walkers banned
A child care program may not use or keep on the premises any infant walker (a mobile unit a child moves while sitting or standing in it). OCFS adopted the rule effective July 29, 2026 (I.D. No. CFS-19-26-00001-A). The underlying statute, § 390-o, also covers NYC Health Code child care programs.
Epinephrine: any device, not just auto-injectors
Effective October 21, 2026, OCFS rules say "epinephrine device" instead of "epinephrine auto-injector" and "antihistamine" instead of "diphenhydramine," following a 2025 change to Public Health Law § 3000-c (L. 2025, ch. 502). Programs may use any approved form of epinephrine, and OCFS widened an optional subsidy payment differential to any licensed or registered provider that stocks epinephrine without a patient-specific prescription.
Proposed: substitute pools and fewer repeat background checks
Not yet adopted. A 2025 law (§ 390-n, effective May 9, 2026) lets OCFS certify Child Care Support Centers to place pre-cleared substitute caregivers in licensed and registered programs. OCFS's proposed rule would set that up, and would also drop the extra Statewide Central Register and Staff Exclusion List checks and the new medical statement now required when someone with an approved comprehensive background check moves to a new program. Medical statements would have to be dated within 12 months and include a TB test from the last 12 months, with a new one after 180 days away from child care. The proposal was still listed as pending in the November 4, 2026 Register.
Proposed: more ways to qualify as a center or school-age director
Not yet adopted; comments are open for 60 days from November 4, 2026. The rule would let a director of several sites name a "site supervisor" (qualified as a group teacher) for one site of fewer than 45 children; add center director pathways (an associate's degree plus six years' experience, or a CDA plus eight years, each with a plan of study for new-director training); add school-age director pathways based on 10 years' experience; exempt school-age programs in public school buildings from some OCFS building rules if they keep the certificate of occupancy on file; and let school-age programs use a mobile phone instead of a landline.
NYC: education director designee and five-day teacher absences
New York City's Board of Health made permanent a 2025 emergency rule for group child care centers. Every center now names an "education director designee" who covers outside core operating hours and for up to 60 days a year of the director's absence; the director or designee must be on site whenever a child is present. Assistant teachers and aides can now meet ratio for up to five days of a group teacher's absence (it was three). Infant/toddler programs now take children who are under 24 months at enrollment, and preschool programs serve ages 2 through 5.
Plan for a parent who can't pick up, including immigration detention
The current statute requires every child day care provider, and every NYC Health Code child care program, to have written procedures for when a parent or guardian can't pick up a child, including because the parent has been detained by federal immigration authorities. Procedures must be set up within 90 days of the provision's effective date and given to families at admission and whenever revised. The provider may not call the Statewide Central Register until it has made reasonable efforts to reach everyone the parent authorized, and must keep the child on the premises until an authorized person picks the child up. The Senate's online statute does not show when this subdivision took effect, so check with OCFS or DOHMH.
Who needs a license or registration, and from whom
New York splits child care oversight in two. The Office of Children and Family Services (OCFS), Division of Child Care Services, licenses or registers every type of program everywhere in the state, with one exception: child day care centers in the five boroughs of New York City. Those are permitted by the NYC Department of Health and Mental Hygiene (DOHMH) under Article 47 of the NYC Health Code (Soc. Serv. Law § 390(13) says § 390 does not apply to them). Family day care, group family day care and school-age child care in NYC are still OCFS programs, run through OCFS's New York City Regional Office. NYC Health Code Article 43 is not a school-age rule: it covers pre-K and kindergarten classes for 3- to 5-year-olds inside schools. On this page, the "Group child care homes" filter means New York's group family day care.
Child day care center (outside NYC): 7 or more children, OCFS license
A child day care center is a non-residential program caring for more than six children for more than three hours a day per child. It needs an OCFS license and follows Subpart 418-1. Centers may serve children from 6 weeks through 12 years old (younger only with OCFS approval).
Small day care center (outside NYC): 3 to 6 children, OCFS registration
Outside NYC, a small day care center is a non-residential program for three to six children for more than three hours a day. It registers with OCFS and follows Subpart 418-2. A provider may care for five children aged 6 weeks to 12 years, or six children aged 2 to 12 (18 NYCRR 418-2.8).
Group family day care home: 7 to 12 children (plus up to 4 school-age), OCFS license
Care in a family home for 7 to 12 children of all ages, plus up to four more school-age children before and after school, at lunch, on school holidays and in vacations. It needs an OCFS license (Part 416) and an approved assistant once there are 7 or more children (or 9 or more when at least two are school-age).
Family day care home: 3 to 6 children (up to 8 with school-age), OCFS registration
Care in a family home for three to six children for more than three hours a day. With OCFS approval after an inspection, a provider may care for seven or eight if no more than six are under school age. It registers with OCFS (Part 417). All children present count toward capacity, including the provider's relatives, except the provider's own children in kindergarten or above.
School-age child care: 7 or more school-age children, OCFS registration
A non-residential program for an enrolled group of seven or more children in kindergarten or above (or at least 6 years old) before or after school, at lunch, and on holidays and vacations, following the local school calendar. It registers with OCFS and follows Part 414. This applies in NYC too.
NYC group child care center: DOHMH permit
In NYC, a "child care program" is care for three or more children under 6 for five or more hours a week, more than 30 days a year, outside the state-regulated home and school-age categories. It needs a DOHMH permit, which lasts no more than two years. Separate permits are needed for infant/toddler care, care for ages 2 to 5, and night care, and each permit names the maximum number of children.
Who is exempt
Care by a parent, step-parent, guardian or a relative within the third degree (grandparents, aunts and uncles, siblings, first cousins and others listed) is not child day care. Care for fewer than three unrelated children for more than three hours a day does not require registration. Legally exempt providers who take child care subsidy payments must enroll with their local social services district and follow Part 415.
Applying and renewing (centers)
A new applicant must attend an OCFS pre-application orientation. OCFS inspects before issuing a license, and the application includes a certificate of occupancy, fire alarm and boiler documentation and a health department approval. Licenses last up to four years (six from June 5, 2027). The renewal application is due at least 60 days before the license expires. Family day care registrations also require an inspection before they are issued and a renewal application 60 days ahead (18 NYCRR 417.2).
Staff-to-child ratios
New York has two ratio tables for centers: OCFS's table in 18 NYCRR 418-1.8 applies everywhere except NYC, and the NYC Health Code table in § 47.23(f) applies to group child care centers in the five boroughs. For infants under 12 months both use 1:4 (NYC also requires enough staff for 1:3 in an evacuation). From 12 months up the NYC table allows more children per adult at every age except 18 to 24 months, where both are 1:5. Family and group family homes in NYC follow the state rules.
Center ratios and group sizes (outside NYC)
Under 6 weeks (only with OCFS approval) 1:3, group of 6; 6 weeks to 18 months 1:4, group of 8; 18 to 36 months 1:5, group of 12; 3 years 1:7, group of 18; 4 years 1:8, group of 21; 5 years 1:9, group of 24; school-age through 9 years 1:10, group of 20; 10 to 12 years 1:15, group of 30. Every group needs a qualified group teacher, and no one under 18 may be left alone with a group, even in an emergency.
SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in, with an alert to directors when a room goes over ratio. Set each room's ratio to New York's number for that room's age group. SafePass's built-in defaults are not New York's: its infant default (1:4) matches, but its toddler default (1:6) and two-year-old default (1:8) are looser than the state's 1:5 for 18 to 36 months, and its school-age default (1:15) is looser than 1:10 for children through age 9. SafePass does not check group-size limits or New York's mixed-age rules.
Mixing ages in centers
Infants may never be mixed with other ages except in an OCFS-approved continuity-of-care classroom. Children under 3 may be in mixed groups only briefly at the start and end of the day, and then the 18-to-36-month ratio applies. A group of 3- to 5-year-olds kept together all day follows the ratio for the age of the majority. School-age children may join preschoolers only at the start and end of the day, never with children under 3.
NYC group child care center ratios and group sizes
Only teaching staff count. Under 12 months 1:4 or 1:3, group of 8; 12 to 24 months 1:5, group of 10; 2 years 1:6, group of 12; 3 years 1:10, group of 15; 4 years 1:12, group of 20; 5 years 1:15, group of 25. Group size is per room or area separated by a physical barrier. A program using 1:4 for infants must show in its safety plan that it has enough staff for 1:3 during an emergency evacuation. Mixed groups of children 12 months and older follow the predominant age, and infants may not be placed in older groups.
SafePass tip: Set each room's ratio in SafePass to the Health Code number. SafePass's infant default (1:4) matches § 47.23(f), but its toddler default (1:6) is looser than NYC's 1:5 for 12 to 24 months, and its two-year-old default (1:8) is looser than NYC's 1:6. SafePass does not check group sizes, the predominant-age rule or the 1:3 evacuation staffing in your safety plan.
NYC: who supervises a classroom
A qualified group teacher or education director must supervise each classroom at all times, with direct line-of-sight supervision. During breaks, lunch, or a teacher's absence of up to five days, assistant teachers and aides may meet the ratio if at least one assistant teacher is with each group. Programs keep a daily log of each teaching staff member's arrival and departure.
Group family day care staffing
One caregiver may care for up to six children under school age, or eight if at least two are school-age. Two caregivers are needed when more than six children, none school-age, are present. There must be one caregiver for every two children under 2 in attendance. Ratios must hold when the group splits for trips or transport.
SafePass tip: SafePass Kiosk check-ins give a running count of who is in care, by child and age. Add your own young children as enrolled children if you want them in the under-2 count. SafePass does not check New York's home capacity rules for you.
Family day care staffing
One caregiver may care for up to six children under school age, or eight when at least two are school-age (with OCFS approval). There must be one caregiver for every two children under 2. The provider must be the primary caregiver, and only approved caregivers may be left alone with children.
School-age program ratios
School-age children through age 9: 1 teacher for every 10 children, group of 20. Ages 10 to 12: 1:15, group of 30. No one under 18 may supervise a group alone.
Group size and capacity
Both OCFS and DOHMH set a maximum number of children for each program, and group sizes travel with the group.
Groups stay separate in shared spaces
Group size limits apply in common areas too. Groups may not be combined in outdoor play areas, gyms or other shared rooms unless the space is big enough for the groups to stay separate.
NYC: permit capacity counts every child on site
The permit lists the most children allowed on the premises at once, counting every child present whether enrolled or not. DOHMH sets it from the space, staffing and the building's certificate of occupancy.
Multiple homes in one residence
Where more than one family or group family day care home was located in the same residence before March 1, 2002, all of them together may not exceed 20 children, including part-day school-age children.
Director and staff qualifications
OCFS qualifications are set by role and age group. NYC Health Code centers have their own, generally higher, education requirements tied to State Education Department teacher certification.
Center director (outside NYC)
One of: a bachelor's degree with 12 credits in early childhood or a related field; or a NYS Children's Program Administrator Credential; each with one year of full-time teaching and one year supervising staff. Or an associate's degree or CDA with a plan of study toward a bachelor's or the administrator credential, plus two years of teaching and two of supervising. In centers licensed for 45 or more children, teachers may not also do the administrative and supervision jobs.
SafePass tip: SafePass staff profiles store certifications and documents with expiration dates, so transcripts, credentials and medical statements are in one place for the licensor or inspector.
Center teachers (outside NYC)
Preschool group teacher: an associate's degree in early childhood or a related field; or a CDA plus one year of experience; or 9 college credits with a plan of study plus two years. Infant/toddler group teacher: similar paths with infant/toddler experience. School-age group teacher: an associate's in a related field, a school-age credential plus one year, or a high school diploma plus two years with children under 13. Assistant teacher: a high school diploma or one year of experience with children.
Family and group family providers
The provider must be at least 18 and have two years' experience caring for children under 6, or one year plus six hours of training in early childhood development. Experience can include raising your own children. Assistants and substitutes have their own requirements.
NYC education director
Every NYC group child care center needs an education director with a bachelor's degree in early childhood education (or an approved related field), two years as a group teacher of children under 6, and State Education Department teacher certification. The director must be on site at least 8 hours a day during core operating hours and may not teach when attendance is over 40. The director or the named designee must be on site whenever a child is present.
NYC group teachers and assistant teachers
A preschool group teacher needs a bachelor's in early childhood education plus State certification, or a bachelor's plus two years' supervised experience, or an approved study plan to finish within seven years. Infant/toddler group teachers must be at least 21 and may qualify with an associate's degree, a CDA with a study plan, or other listed paths. Assistant teachers must be 18 with a high school diploma or GED.
Background checks
OCFS runs a "comprehensive background check" that meets the federal Child Care and Development Block Grant Act. NYC Health Code centers follow DOHMH's screening rules in § 47.19.
Comprehensive background check (OCFS programs)
Required for every operator, director, employee and volunteer, and every person 18 or older living in a family or group family day care home: a NYS criminal history check (DCJS), an FBI fingerprint check, the NYS Sex Offender Registry, a Statewide Central Register (SCR) database check, and the National Sex Offender Registry. Anyone who lived in another state in the past five years also needs that state's criminal, sex offender and child abuse registry checks. Programs also check the Justice Center's Staff Exclusion List (18 NYCRR 418-1.13(b)(5)).
SafePass tip: SafePass stores each staff member's background check date and flags checks more than five years old on the Compliance page, which lines up with New York's five-year re-check. It does not submit fingerprints, SCR database checks or Staff Exclusion List checks, and it does not track OCFS clearance status.
Starting work and re-checks
A new hire may start after the state or FBI fingerprint check clears, but must be supervised at all times by someone with a qualifying result until every check is complete. Clearances are repeated at least every five years, and anyone away from New York child care for more than 180 days in a row must be cleared again. No license or registration is issued until everyone has cleared.
Who is disqualified
Anyone who refuses consent, lies on the forms, is on a sex offender registry, or was convicted of certain felonies (murder, child abuse or neglect, crimes against children, spousal abuse, rape or sexual assault, kidnapping, arson, physical assault or battery) or a violent misdemeanor against a child may not work, volunteer or live in the program. For other convictions OCFS does a safety assessment.
NYC center screening
Before anyone with possible unsupervised contact with children starts work, the permittee must arrange fingerprinting and review criminal records and an SCR report, unless the person is continuously supervised by cleared staff. SCR reports must be renewed every two years. Programs collect three references, verify credentials, and tell DOHMH within 24 hours of an indicated SCR report or arrest, and of any serious injury, death, or child left unaccounted for. A record of certain convictions or pending charges needs a DOHMH-approved corrective action plan (§ 47.21).
SafePass tip: SafePass stores each staff member's background check date. NYC's SCR reports expire after two years, so set a two-year reminder yourself; SafePass's built-in flag is at five years.
Training, CPR and first aid
OCFS programs follow a 30-hours-every-two-years rule. NYC centers follow a separate list in § 47.37.
30 hours every two years (OCFS programs)
Directors, teachers, caregivers and volunteers complete OCFS-approved health and safety training before starting or within three months (and may not be alone with children until they do). Everyone then needs 30 hours every two years, 15 of them in the first six months, and at least 5 hours every year. Topics include child development, nutrition and health, safety, child abuse identification and prevention, shaken baby syndrome, and adverse childhood experiences.
SafePass tip: SafePass keeps dated training records in each staff profile, so you can total hours for each two-year period.
CPR and first aid on site at all times
At least one person with valid CPR and first aid certification for the ages in care must be on site during all hours of operation. Certifications must include an in-person skills component, and the card must be available for review.
SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.
NYC center training
All staff: 2 hours of child abuse training every 24 months from an OCFS-certified trainer (new staff within three months). Within three months of hire: infection control, medication, hazards and safe transport topics, plus safety-plan emergency training, repeated yearly with drills. Pediatric CPR and first aid every two years; SIDS, safe sleep and shaken baby training before working. Teaching staff need at least 15 hours every 24 months, with at least 5 in each 12-month period.
SafePass tip: SafePass keeps dated training records in each staff profile, so you can total hours for each two-year period.
NYC: CPR and first aid on site
At least one staff member certified in CPR and first aid must be on the premises whenever children are present; for new permits and renewals, certifications must be pediatric and include hands-on skills tests.
SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.
Supervision, health and safety
These rules apply all day, every day, and are the ones most often tied to fines.
Competent supervision and no personal devices
Children may never be left without competent supervision: every child within a teacher's range of vision and the teacher close enough to step in. Personal device use while supervising (music, games, browsing, personal calls) is prohibited; phones may be used for children's safety and program operations. Home rules are similar (18 NYCRR 417.8).
SafePass tip: SafePass shows staff a live list of children checked in to each room, so a caregiver can confirm names and headcount at a glance.
Report serious incidents immediately
Programs must notify the parent and OCFS immediately on learning of a death, serious incident, serious injury or condition, communicable illness or hospital transport of a child in care. A serious incident includes a child needing medical attention beyond routine illness, a child left without competent supervision for any time, or a child leaving without staff.
SafePass tip: SafePass incident reports record what happened, the action taken and first aid, notify the parent, and capture the parent's e-signature. You still notify OCFS (or DOHMH in NYC) yourself.
Health care plan and daily health checks
Each program has an OCFS-approved health care plan covering a documented daily health check of each child, records of illnesses and injuries, emergency care, and who may give medications. Programs that give medications beyond topical products and emergency medications need a health care consultant, who visits at least every two years.
SafePass tip: SafePass can run an optional health check at check-in (temperature and symptoms) and notifies directors and parents when a child doesn't pass.
Mandated reporting of abuse
Staff are mandated reporters and must report suspected abuse or maltreatment of a child in care to the Statewide Central Register immediately. Programs give parents information on abuse and how to report it when a child is admitted (418-1.7(i)).
NYC: daily health checks and staff health
A trained staff member inspects each child daily for signs of illness. Staff need a medical certificate before starting and every two years, and proof of 2 doses of measles and mumps vaccine, 1 of rubella, 2 of varicella and 1 of Tdap (with limited medical exemptions).
SafePass tip: SafePass staff profiles store certifications and documents with expiration dates, so transcripts, credentials and medical statements are in one place for the licensor or inspector.
Facility, furniture, equipment and hazards
NYC's Health Code has an explicit furniture-anchoring rule. OCFS's center rules do not name furniture anchoring but require programs to remove any condition that is a safety hazard.
NYC: anchor furniture and TVs or remove them
All large furniture and electronic appliances that could tip over must be secured to the floor or wall with angle braces, anchors or other anchoring devices. Anything that can't be anchored must be removed. Furniture must be age- and size-appropriate with non-toxic finishes.
Hazards (OCFS centers)
Programs must remove conditions that pose a safety or health hazard. Medicines, cleaning products and other toxic materials stay in original containers out of children's reach; outlets accessible to children have covers; blind cords and other strangulation hazards are secured; adult bags, plastic bags and small objects are kept out of reach. Firearms are prohibited (except police and security guards), with a posted sign.
Heaters, windows, stairs, play equipment
No portable heaters. Radiators and pipes in children's rooms are covered. Porches and stairs over two steps need railings with barriers. Windows above the first floor that children can reach need guards or stops. Low glass is safety glass or protected. Play equipment is installed to the manufacturer's instructions, and new outdoor equipment follows the CPSC Public Playground Safety Handbook. Trampolines are banned.
Home safety, including firearms and water
Homes need barriers to pools, ponds and other water; firearms must be unloaded with a trigger lock or kept in a safe storage depository; and blind cords and other strangulation hazards must be secured.
NYC: walls, floors and maintenance
Walls, ceilings and floors must have non-toxic finishes and be kept in good repair, and the facility must be kept clean and maintained (no dry sweeping where children are). These two rules were the most-cited violations at NYC centers in 2022 (see below).
Emergency plans, drills and fire safety
OCFS and DOHMH both require written emergency plans and monthly fire drills.
Emergency plan, shelter-in-place drills and supplies
Centers keep an OCFS-approved emergency plan and evacuation diagram (posted in every room) covering alerts, evacuation routes, relocation sites, shelter-in-place, notifying parents, staff roles and reunification. Two shelter-in-place drills a year, with parents told in advance. Supplies, including food and water, for an overnight stay if parents can't reach the program, and evacuation cribs for children who can't walk out.
SafePass tip: SafePass's checked-in list shows who is in care right now, and parent messaging can reach every family at once during a relocation or reunification. SafePass does not log drills, so record them separately.
Monthly evacuation drills
Evacuation drills at least monthly, varying the exit route and covering each shift of care. Keep a record of every drill. Center directors also inspect monthly for fire and safety hazards and keep a record.
SafePass tip: SafePass's checked-in list shows who is in care right now, and parent messaging can reach every family at once during a relocation or reunification. SafePass does not log drills, so record them separately.
Smoke detectors in homes
A working smoke detector on every floor and in or next to rooms where children nap (inside the room if it has a door), with battery backup for hard-wired detectors.
NYC: fire safety and the written safety plan
Monthly logged fire drills; lit exit signs; inspected extinguishers; an approved fire alarm for permits over 30 children; sprinklers for new infant/toddler permits; no space heaters. The written safety plan, reviewed every year, covers evacuation routes, how attendance is taken, staff roles and notifying parents, and staff train on lockdown, shelter-in-place and reunification (§ 47.37).
SafePass tip: SafePass's checked-in list shows who is in care right now, and parent messaging can reach every family at once during a relocation or reunification. SafePass does not log drills, so record them separately.
Medication
Only trained, designated staff may give medication in OCFS programs and NYC centers.
Medication Administration Training and written permission
Staff who give medication must be at least 18, hold CPR and first aid, and complete OCFS's Medication Administration Training (MAT), except for topical products and emergency medications like epinephrine and inhalers, which need instruction from the parent or a health care provider. Long-term medications need a written parent permission and a prescriber's order listing the drug, dose, timing and side effects. Each dose is documented with time and dose, and side effects are reported to the parent. Since October 21, 2026 the rules cover any epinephrine device.
SafePass tip: SafePass collects the parent's signed medication request electronically. Staff approve it, and each dose is logged with the time, amount and staff name, with a notification to the parent.
NYC: medication policy and health care consultant
Every NYC center states in its safety plan whether it gives medication (it may have to for a child with a disability under the ADA). Centers that do must name a health care consultant, who approves the plan and visits at least every two years, and only trained, designated staff may give it.
SafePass tip: SafePass collects the parent's signed medication request electronically. Staff approve it, and each dose is logged with the time, amount and staff name, with a notification to the parent.
Immunizations and health records
Children's vaccines follow Public Health Law § 2164. NYC adds an annual flu shot for young children.
Child medical statement and immunizations (OCFS programs)
Before enrolling, each child not yet in kindergarten needs a health care provider's statement, dated within the last 12 months, that the child can take part in care. Programs keep immunization records under Public Health Law; a child may start if shots are in progress with appointment dates, and only medical exemptions (renewed yearly) are allowed. Programs try to get a lead screening record for children under 6.
SafePass tip: SafePass lets parents upload vaccine records. Staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field.
Staff medical statements and TB test
Staff and volunteers submit a medical statement dated within 12 months before they start, with a Mantoux or other approved TB test from the last 12 months, and a new one if their fitness comes into question. The July 2026 proposal would add a new statement after 180 days away from child care.
SafePass tip: SafePass staff profiles store certifications and documents with expiration dates, so transcripts, credentials and medical statements are in one place for the licensor or inspector.
NYC: exams, required vaccines and yearly flu shot
Before admission, each child needs an age-appropriate exam including lead screening. Children must have the vaccines required by Public Health Law § 2164, and children 6 to 59 months need a flu shot each year by December 31 unless a doctor certifies it would be harmful. Centers can be fined for each child without documentation.
SafePass tip: SafePass lets parents upload vaccine records. Staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field.
Food and nutrition
OCFS ties meals to the USDA CACFP patterns. NYC limits juice and sweetened drinks.
Meals, beverages and menus (OCFS centers)
Children in care over 4 hours get a nutritious meal, and over 10 hours at least two. Food the program serves follows USDA CACFP meal patterns. Only milk, 100% juice or water may be served, with 1% or fat-free milk for children 2 and older. Water is available at all times. Food may not be used as reward or punishment. A written feeding plan is kept for each infant.
SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate.
NYC: food protection and beverage limits
A staff member with a NYC food protection certificate supervises food handling. No drinks with added sweeteners; 100% juice only for children over 2 and no more than 4 ounces a day; 1% or lower milk for children 2 and up; water freely available.
SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate.
Safe sleep
Both OCFS and NYC require back-to-sleep and bare cribs for infants.
Infant sleep in centers
Infants through 12 months sleep flat on their backs unless a health care provider documents otherwise. Cribs have a fitted sheet only: no bumpers, toys, blankets, pillows or positioners. Children may not sleep in car seats, swings, strollers or bouncers; move them to a crib or cot. One child per crib or cot, cots 2 feet apart, and sleeping arrangements are agreed in writing with the parent.
SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them. SafePass does not run timed sleep-check logs.
Napping out of sight in homes: 15-minute checks
With written parent permission, children may nap in a room without an awake caregiver if doors are open, the caregiver stays on the same floor and an electronic monitor is on. Sleeping children must then be checked in person every 15 minutes, making sure infants' faces are uncovered.
SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them. SafePass does not run timed sleep-check logs.
NYC: safe sleep environment
Each infant gets a CPSC-approved crib or bassinet with a firm, tightly sheeted mattress and nothing else in it; crib bumpers are banned unless medically necessary. Infants sleep on their backs unless a doctor directs otherwise. No sleeping in car seats outside transport, or on futons, bouncers or swings. Remove bibs and hooded garments first. Stackable cribs are banned.
SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them. SafePass does not run timed sleep-check logs.
Discipline and behavior management
Both rulebooks ban corporal punishment and humiliating methods.
Behavior management plan and prohibited practices
Programs follow a written behavior management plan given to staff and parents. A child may be separated briefly but must stay in a teacher's view. Prohibited: corporal punishment, physical restraint, isolation in a closet or dark area, withholding food, rest or sleep, and methods that frighten, demean or humiliate. Short physical intervention to prevent injury is allowed.
NYC: behavior policy
Corporal punishment, humiliating or frightening methods, and using food, rest or isolation as punishment are banned. A written behavior management policy is given to every staff member, posted, and available to parents.
Records and postings
Keep these on site for the licensor or inspector.
Center records and what to post
Centers keep records for the current and previous licensing period, including attendance, staff schedules with arrival and departure times, clearance results, medical statements, and fire alarm and boiler inspections. They post OCFS's center regulations, the names of the people legally responsible, and the OCFS regional office number for complaints.
SafePass tip: SafePass registration packets collect guardians, emergency contacts, authorized pickups, physician and allergy information, with a parent signature.
NYC: required postings
At the front entrance, NYC centers post their permit, a DOHMH sign saying the latest inspection summary is on DOHMH's website or through 311 and that complaints go to 311, and their inspection performance summary card. They keep a copy of the Health Code for staff. Records required by Article 47 are kept on site for DOHMH.
Attendance, sign-in and release of children
Attendance must be recorded as children arrive and leave, and children go only to authorized people.
Daily attendance with arrival and departure times
Daily attendance records must be filled out when each child arrives and leaves and include the times. Programs also keep a daily record of each staff member's and volunteer's arrival and departure.
SafePass tip: SafePass Kiosk records each check-in and check-out with a timestamp and who dropped off or picked up, and it exports attendance reports as PDF.
Release only to authorized people; visitor log
A child may be released only to a parent, someone the parent designated in writing, or someone authorized by law. Letting a child leave alone needs written parent permission. When the program provides transport, staff confirm an authorized person is at the destination first. Visitors sign in and out with the time and purpose of the visit.
SafePass tip: At check-out, SafePass shows staff the child's guardians and authorized pickups, with photos, and records who picked the child up.
NYC: attendance and authorized escorts
A daily attendance record lists each child's name and arrival and departure times. The center keeps a list of every person each parent authorized to pick up, and may not release a child to anyone not on it; if someone else arrives, staff must verify with the parent.
SafePass tip: At check-out, SafePass shows staff the child's guardians and authorized pickups, with photos, and records who picked the child up.
Transportation and field trips
If you transport children, both rulebooks require written consent and checks that no child is left on a vehicle.
Transport rules (OCFS centers)
Written parent consent and an agreed transportation plan; never leave a child alone in a vehicle, with procedures to confirm every child is off; car seats or belts as the Vehicle and Traffic Law requires; drivers 18 or older and properly licensed; no phone use (even hands-free) while driving; and the driver doesn't count in ratio unless all riders are in kindergarten or above. Vehicles built for more than 10 passengers must meet school bus standards.
SafePass tip: SafePass doesn't keep vehicle or transport logs. Use the attendance list to count children on and off the vehicle and keep a separate trip record.
Swimming and field trips
No water activities without a certified lifeguard, and a CPR/first aid holder at any activity near water. Written plans for field trips and swimming, including tracking non-swimmers. Higher-risk trips need a staff member with first aid and CPR.
NYC: transport consent and name-to-face transfers
Written consent for every trip, including walks to a park. Programs document each hand-off to and from drivers with name-to-face checks, give drivers daily route lists, keep a daily log of children placed on vehicles, and must be able to show no child was left on a bus. No child should regularly ride more than an hour each way.
Inspections and enforcement
OCFS inspects every program at least once a year and posts inspection results on its program search. DOHMH inspects NYC centers at least once a year and posts results on NYC Child Care Connect.
Annual and complaint inspections (OCFS)
OCFS must inspect all child day care programs every year. After a complaint suggesting a violation, OCFS makes an unannounced inspection within 15 days, or by the next day of operation if children may be in imminent danger.
SafePass tip: SafePass keeps records with dates and times, and it exports attendance reports as PDF for a licensor.
Fines
After a hearing, OCFS may fine a provider up to $500 a day for violations, and anyone operating without a license or registration up to $500 a day. The most serious (Class I) violations include inadequate supervision, corporal punishment, serious fire or safety risks, and repeatedly exceeding capacity.
Suspension, revocation and other actions
OCFS can require corrective action plans, deny, limit, suspend, revoke or terminate a license or registration, order a program to cease and desist, and ask the Attorney General or district attorney to act. It can suspend immediately when children are in imminent danger and may require the program to post the notice.
NYC: inspections, closure orders and penalties
DOHMH inspects each permitted center at least once a year. It can order a center closed for an imminent health hazard (operating without a permit counts as one), post the order and tell parents at pickup, padlock premises, and issue notices of violation with fines. Violations are classed as public health hazards, critical or general.
Hearings, appeals and waivers
OCFS actions can be contested at an OCFS hearing; NYC notices of violation go to OATH.
Requesting a hearing (OCFS)
Before a license or registration is revoked or denied, or a fine imposed, the provider is entitled to a hearing. Request it in writing within 30 days of the notice (10 days for a temporary suspension). A suspension hearing must start within 30 days of the request.
Waivers
OCFS may waive a non-statutory rule in writing if the program shows how children's health and safety will still be protected. Programs must comply fully until the written waiver is issued.
Most common citations
Period: Calendar year 2022 (most recent full year in the dataset), New York City group child care centers only; downloaded 2026-11-08
How it was counted: Our own count from DOHMH's official open data, aggregated on the server so we never downloaded program names or narratives. We kept rows for group child care centers (facility type GDC, the Article 47 centers) with an inspection date from January 1 to December 31, 2022 and a violation category, and grouped them by Health Code section, combining subsections (the topic names the leading ones). Each row is one violation cited at one inspection. Share is the section's count divided by all 4,737 violations at these centers in 2022 (2,345 general, 1,711 critical, 681 public health hazard). DOHMH made 5,330 inspections at 2,033 centers that year; 1,604 inspections (30.1%) at 1,053 centers found at least one violation. School-based programs (Article 43) and summer camps are excluded. Caveats: the dataset stopped updating in April 2023 (it covers May 2020 to April 2023) and lists only centers active at that time, and the violations are pre-adjudication, so some may have been dismissed later. DOHMH's current "Active NYC Health Code Regulated Child Care Programs" dataset has no inspection data. Outside NYC there is no bulk file: OCFS's "Child Care Regulated Programs" dataset on data.ny.gov lists programs but has no violation fields, and violations are shown only per program on OCFS's Regulated Child Care Search. These NYC figures do not describe OCFS-regulated programs.
| Rule | Topic | Citations | Share of citations | How to avoid it |
|---|---|---|---|---|
| NYC Health Code § 47.41 | Indoor physical facilities (mostly 47.41(j), 766: floors, walls or ceilings in disrepair or with a toxic finish) | 925 | 19.5% | Walk every room monthly: patch peeling paint, cracked tiles and holes, and use only non-toxic finishes. Log repairs. |
| NYC Health Code § 47.33 | Staff health (47.33(c)(1), 313: staff immunization proof for MMR, varicella and Tdap; 47.33(b), 203: staff medical certificates) | 529 | 11.2% | Before day one, collect each hire's medical certificate and vaccine report; renew the medical certificate every two years. |
| NYC Health Code § 47.25 | Children's exams and immunizations (incl. 47.25(a)(2)(B), 110: yearly flu shot for ages 6-59 months; 47.25(a)(1), 80: medical exam) | 396 | 8.4% | Check every file at enrollment and again in November so flu shots are documented by December 31. |
| NYC Health Code § 47.19 | Staff screening (47.19(c)(2), 98: uncleared staff alone with children or SCR report over 2 years old; 47.19(c)(1), 80: fingerprints) | 334 | 7% | No one works unsupervised until fingerprints and the SCR report clear; diary the two-year SCR renewal for every employee. |
| NYC Health Code § 47.59 | Fire safety (47.59(a), 116: exit signs and emergency lighting; 47.59(b), 76: extinguishers; 47.59(d), 50: monthly drills) | 320 | 6.8% | Test exit signs and emergency lights monthly, keep extinguisher tags current, and log a fire drill every month. |
| NYC Health Code § 47.37 | Training (47.37(b)(1), 134: child abuse training; 47.37(b)(4), 74: SIDS, safe sleep and shaken baby training) | 292 | 6.2% | Schedule child abuse training within 3 months of hire and every 24 months, safe sleep training before day one, and keep certificates on site. |
| NYC Health Code § 47.13 | Staff qualifications and director coverage (47.13(d), 111: group teacher qualifications; 47.13(c)(1), 65: director or designee on site) | 249 | 5.3% | Keep each group teacher's degree, certification or approved study plan on file, and name an education director designee for every hour children are present. |
| NYC Health Code § 47.49 | Sanitation and maintenance (47.49(a), 188: facility not maintained; dry sweeping) | 240 | 5.1% | Damp-mop instead of sweeping where children are, and keep a cleaning and repair checklist. |
| NYC Health Code § 47.23 | Supervision and ratios (47.23(a), 62; 47.23(f)(1), 41; 106 of the 176 rated public health hazards) | 176 | 3.7% | Post each room's ratio and group size, plan coverage for breaks and absences, and do name-to-face counts at every transition. |
| NYC Health Code § 47.43 | Plumbing (47.43(e), 117: hand sinks without enough running water, or water hotter than 115°F) | 169 | 3.6% | Check hand-sink flow and water temperature daily; set the mixing valve so water stays at or below 115°F. |
Frequently asked questions
What are the daycare staff-to-child ratios in New York?
Outside New York City, centers follow 18 NYCRR 418-1.8: 6 weeks to 18 months 1:4 (group of 8); 18 to 36 months 1:5 (12); 3 years 1:7 (18); 4 years 1:8 (21); 5 years 1:9 (24); school-age through 9 1:10 (20); 10 to 12 1:15 (30). NYC group child care centers follow NYC Health Code § 47.23(f): under 12 months 1:4 or 1:3 (8); 12 to 24 months 1:5 (10); 2 years 1:6 (12); 3 years 1:10 (15); 4 years 1:12 (20); 5 years 1:15 (25).
Who licenses daycares in New York City?
Child care centers in the five boroughs get a permit from the NYC Department of Health and Mental Hygiene under Article 47 of the NYC Health Code (Soc. Serv. Law § 390(13)). Family day care, group family day care and school-age child care in NYC are registered or licensed by the state Office of Children and Family Services.
How many children can I watch in my home without a license in New York?
Up to two unrelated children. Caring for three to six children for more than three hours a day is family day care and needs an OCFS registration; seven to twelve needs a group family day care license. Children of relatives within the third degree don't make it child day care. (Soc. Serv. Law § 390(1); 18 NYCRR 413.2)
How many infants can a family day care provider care for in New York?
There must be one caregiver for every two children under age 2 who are present, in both family and group family day care homes. (18 NYCRR 413.2, 416.8(j), 417.8(j))
How many training hours do New York child care staff need?
In OCFS programs, 30 hours every two years, with 15 in the first six months and at least 5 hours every year, plus health and safety training before starting or within three months. NYC center teaching staff need at least 15 hours every 24 months plus required topics such as child abuse, safe sleep, and pediatric CPR and first aid. (18 NYCRR 418-1.14; NYC Health Code § 47.37)
What background checks are required for daycare workers in New York?
OCFS's comprehensive background check: NYS (DCJS) and FBI fingerprint checks, the state and national sex offender registries, the Statewide Central Register, the Staff Exclusion List, and other states' registries for anyone who lived elsewhere in the past five years, repeated at least every five years. NYC centers also fingerprint staff and renew SCR reports every two years. (18 NYCRR 413.4; NYC Health Code § 47.19)
Are infant walkers allowed in New York daycares?
No. Social Services Law § 390-o bans infant walkers in child care facilities, including NYC Health Code programs, and OCFS's rules were updated effective July 29, 2026.
How long is a New York child care license good for?
Up to four years for OCFS licenses and registrations, rising to up to six years on June 5, 2027 (L. 2026, ch. 122). NYC Health Code permits for group child care centers last no more than two years. (Soc. Serv. Law § 390(2); NYC Health Code § 47.03(b))
Where can I look up a New York daycare's inspections and violations?
Use OCFS's Regulated Child Care Search for programs it regulates (it shows inspections from the last 24 months), and NYC Child Care Connect for NYC group child care centers.
Sources
- Official text: New York Codes, Rules and Regulations (NYCRR), Title 18, Parts 413-418 — NY Department of State (official NYCRR on Westlaw; linked from dos.ny.gov) (accessed November 8, 2026)
- Official regulations page: OCFS Child Care Regulations (official regulation PDFs for Parts 413-418) (accessed November 8, 2026)
- Social Services Law § 390, Child day care; license or registration required (NY Senate, revision of June 12, 2026) (accessed November 8, 2026)
- Social Services Law § 390-n, Child care support center (NY Senate) (accessed November 8, 2026)
- Social Services Law § 390-o, Prohibit the use of infant walkers in child care facilities (NY Senate) (accessed November 8, 2026)
- Assembly Bill A10539 (2025-2026), Chapter 122 of 2026: license and registration terms up to six years (accessed November 8, 2026)
- 18 NYCRR Parts 413, 414, 416, 417 and Subparts 418-1, 418-2 (Legal Information Institute copy of the official compilation; section pages linked from each rule) (accessed November 8, 2026)
- NYS Register, July 22, 2026: OCFS proposed rule CFS-29-26-00002-P, Child Care Substitute Pools (accessed November 8, 2026)
- NYS Register, May 13, 2026: OCFS proposed rule CFS-19-26-00001-P, Infant Walkers (accessed November 8, 2026)
- NYS Register, July 29, 2026: Notice of Adoption CFS-19-26-00001-A, Infant Walkers (effective July 29, 2026) (accessed November 8, 2026)
- NYS Register, July 1, 2026: OCFS proposed rule CFS-26-26-00001-P, Epinephrine Devices (accessed November 8, 2026)
- NYS Register, October 21, 2026: Notice of Adoption CFS-26-26-00001-A, Epinephrine Devices (effective October 21, 2026) (accessed November 8, 2026)
- NYS Register, November 4, 2026: OCFS proposed rule CFS-44-26-00004-P, Facility and Staff Requirements in School Age Child Care and Child Day Care Center Programs (accessed November 8, 2026)
- NYC Health Code Article 47, Child Care Programs and Family Shelter-Based Drop-off Child Supervision Programs (DOHMH PDF, January 2026) (accessed November 8, 2026)
- NYC Health Code Article 43, School Based Programs for Children Ages Three through Five (DOHMH PDF) (accessed November 8, 2026)
- NYC DOHMH, Notice of Adoption of Emergency Rules, Health Code Article 47 (August 2025) (accessed November 8, 2026)
- NYC Board of Health, Notice of Adoption of Amendments to Article 47 (adopted November 13, 2025) (accessed November 8, 2026)
- OCFS Regulated Child Care Search (accessed November 8, 2026)
- NYC Child Care Connect (DOHMH) (accessed November 8, 2026)
- NYC Open Data: DOHMH Childcare Center Inspections (Historical), dsg6-ifza (accessed November 8, 2026)
- NY Open Data: Child Care Regulated Programs (OCFS), cb42-qumz (accessed November 8, 2026)
Educational information, not legal advice. Rules change and inspectors apply them to your specific program. Always confirm requirements with your state child care licensing agency: New York State Office of Children and Family Services (OCFS), Division of Child Care Services; in New York City, child care centers are permitted by the NYC Department of Health and Mental Hygiene. How we handle your information: privacy policy.