Inspection · 2025-09-19

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:

a national criminal record check with the Federal Bureau of Investigation;

a search of the state-based child abuse or neglect repository of any state other than New York where such person lives or lived during the preceding five years.

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.

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

The program must retain on file in the program a medical statement, on forms furnished by the Office or approved equivalents, from a health care provider for each person residing in the home.

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:

The provider, assistant(s), and substitutes must each meet the following qualifications: have a minimum of either two (2) years of experience caring for children under six years of age, or one (1) year of experience caring for children under six years of age plus six hours of training or education in early childhood development. The phrase "experience caring for children" can mean child-rearing as well as paid and unpaid experience caring for children. The term "training" can mean educational workshops and courses in caring for preschool-age children;

The program must post or display conspicuously in a place to which parents have free and daily access, a copy of the most recent compliance history report immediately after it is issued to the program by the Office.

fingerprint images necessary for the Office to conduct a criminal history review,

Within five days of a household member turning eighteen (18) years of age or a person eighteen (18) years of age or older beginning to live in the residence, the program must: submit the State Central Register of Child Abuse And Maltreatment database check forms necessary to complete required screening by the Statewide Central Register of Child Abuse and Maltreatment to determine if the person is the subject of an indicated report of child abuse or maltreatment; and

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;

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;

Peeling or damaged paint or plaster must be repaired.

Evacuation drills must be conducted at least monthly during the hours of operation of the group family day care home.

All window and door blind cords, ropes, wires and other strangulation hazards must be secured and inaccessible to children.

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.