Inspection · 2025-07-10

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:

Every licensee and registrant shall submit fingerprint images for each prospective director, employee, or volunteer, and any person age eighteen (18) or older prospectively living in a group family day care home or family day care home.

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.

The initial medical statement for providers, assistants, and substitutes must include the results of a Mantoux tuberculin test or other federally approved tuberculin test performed within the 12 months preceding the date of the application. Thereafter, tuberculin tests are only required at the discretion of the employee's health care provider or at the start of new employment in a different child care program.

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 provider, assistant(s), and substitutes must each meet the following qualifications: provide to the Office the names, addresses and daytime telephone numbers of at least two acceptable references, other than relatives. At least one of the references must be able to attest to the employment history, work record and qualifications, if the person had ever been employed outside the home. At least one of the references must be able to attest to the character, habits and personal qualifications to be a group family day care provider, assistant, or substitute; and

All child day care providers, employees, volunteers and any person age eighteen (18) or older living or who begins to live in a group family day care home hired after June 30, 2013, must comply with the background check requirements for the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs pursuant to Section 495 of the Social Services Law.

All child day care providers, employees, volunteers and any person age eighteen (18) or older living or who begins to live in a group family day care home are required to complete a Statewide Central Register database check.

Two caregivers must be present when more than six children, none of whom are school age, are in care.