New York Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in New York?

In New York State, childcare is primarily regulated by the New York State Office of Children and Family Services (OCFS). OCFS sets statewide licensing and registration standards for most childcare programs. However, there is one major exception: in New York City, group child care centers are regulated by the NYC Department of Health and Mental Hygiene (DOHMH) under the NYC Health Code.

New York recognizes several types of regulated childcare programs:

• Day Care Centers: Licensed facilities that provide care for more than six children in a non-residential setting. These are licensed by OCFS statewide, except in NYC where group child care centers are regulated by DOHMH.

• Group Family Day Care: Registered programs operated in the provider's home, caring for 7 to 12 children (with an assistant). These are registered through OCFS.

• Family Day Care: Registered programs operated in the provider's home, caring for up to 6 children. These are also registered through OCFS.

• School-Age Child Care (SACC) Programs: Licensed programs that provide care for children under 13 during non-school hours.

How to apply for a childcare license in New York

The application process varies depending on your program type and location, but generally follows these steps:

1. 1

   Contact your local OCFS regional office (or NYC DOHMH)

   OCFS has regional offices across the state that handle applications. If you are opening a group child care center in New York City, contact the NYC DOHMH Bureau of Child Care instead. They can provide the specific application forms and explain requirements for your area.

2. 2

   Complete required health and safety training

   OCFS requires prospective providers to complete health and safety training before a license or registration is issued. This training covers topics such as supervision, safe sleep, medication administration, and injury prevention.

3. 3

   Submit to comprehensive background checks

   All operators, employees, and volunteers must clear the required background checks (detailed below) before being allowed unsupervised contact with children.

4. 4

   Pass fire and health inspections

   Your facility must pass inspections by the local fire department and health department before a license is granted. For home-based programs, the home must also meet specific safety standards.

5. 5

   Receive your license or registration

   Once all requirements are met and your facility passes inspection, your license or registration certificate is issued. You must post it in a visible location at your program site. Licenses are typically valid for a set period and must be renewed.

Staff-to-child ratio requirements

New York sets specific staff-to-child ratios and maximum group sizes based on the age of the children. The following ratios apply to day care centers regulated by OCFS. Note that NYC DOHMH may have additional requirements for centers within New York City.

Ratios must be maintained at all times, including during meals, outdoor play, and transitions. For help planning your staffing, try our ratio calculator.

Staff qualifications

New York has specific education and training requirements for childcare staff working in day care centers:

• Director: Generally required to hold a bachelor's degree in early childhood education, child development, or a related field, plus relevant supervisory experience. Equivalent combinations of education and experience may also be accepted. Check OCFS regulations for the full list of qualifying credentials.

• Group teachers: Typically required to hold an associate degree in early childhood education or a Child Development Associate (CDA) credential, along with relevant experience working with children. Some pathways allow equivalent combinations of coursework and experience.

• Teacher assistants: Generally required to have a high school diploma or equivalent.

• Health and safety training: All staff must complete 15 hours of training within the first six months of employment, with 30 hours total required over the first two years. This training must cover required topics including child development, safety, nutrition, and recognizing child abuse and maltreatment.

• Annual professional development: OCFS requires childcare workers to complete a minimum of 30 hours of professional development every two years (minimum 5 hours annually), tracked through the OCFS Aspire registry. Training topics may include early learning, health and safety, and working with children with special needs.

• CPR and First Aid: At least one staff member with current pediatric CPR and First Aid certification must be present at all times when children are in care. Many programs require all lead teachers to hold these certifications.

Facility requirements

Your physical space must meet OCFS standards before a license is issued. Key requirements include:

• Indoor space: New York requires a minimum of 35 square feet of usable indoor space per child. This measurement excludes hallways, bathrooms, kitchens, and storage areas.

• Outdoor space: Programs must provide access to outdoor play space. The area must be safe, age-appropriate, and properly enclosed or supervised.

• Age-appropriate furnishings: Cribs, tables, chairs, and play equipment must be appropriately sized for the age groups in care and meet current safety standards.

• Fire safety: Facilities must comply with all applicable fire codes, including working smoke and carbon monoxide detectors, fire extinguishers, posted evacuation plans, and regular fire drills.

• Building code compliance: The facility must have a valid certificate of occupancy or equivalent approval for use as a childcare program.

• Accessible entrance: Facilities must be accessible to individuals with disabilities, consistent with ADA requirements and applicable state and local building codes.

Background check requirements

New York requires a comprehensive background check for all prospective childcare employees, volunteers, and household members (for home-based programs). The background check process is administered through OCFS and includes the following components:

• FBI fingerprint check: A national criminal history check through the Federal Bureau of Investigation, based on fingerprint submission.

• New York State criminal history check: A search of the state's criminal records through the Division of Criminal Justice Services (DCJS).

• Sex Offender Registry check: A search of the New York State Sex Offender Registry, as well as the National Sex Offender Public Website for any state the individual has resided in.

• Statewide Central Register of Child Abuse and Maltreatment (SCR): A database clearance to determine whether an individual has an indicated report of child abuse or maltreatment in New York.

• Staff Exclusion List (SEL): A check against the Justice Center's Staff Exclusion List, which identifies individuals who have been found to have committed serious acts of abuse or neglect.

Health and safety requirements

New York has detailed health and safety regulations that programs must follow:

• Immunizations: Children must have age-appropriate immunizations as required by New York State Public Health Law before attending a childcare program. Programs must maintain up-to-date immunization records for every enrolled child.

• Health care plan: Programs must have a written health care plan that addresses illness exclusion, medication administration, emergency procedures, and injury response. The plan should be developed in consultation with a health care consultant.

• Medication administration: Staff who administer medication must receive specific training. All medications require written parent authorization and must be stored securely.

• Safe sleep practices (Karlee's Law): New York enacted Karlee's Law, which strengthened safe sleep requirements for infants in childcare settings. Programs caring for infants must follow strict safe sleep protocols, including placing infants on their backs to sleep in approved cribs, keeping the sleep area free of soft bedding and toys, and ensuring direct supervision during nap time.

• Emergency planning: Programs must have written emergency and evacuation plans that cover fires, severe weather, shelter-in-place scenarios, and other emergencies. Plans must be practiced through regular drills.

Record-keeping requirements

OCFS requires childcare programs to maintain thorough records that must be available for review during inspections. Essential records include:

• Attendance records: Daily sign-in and sign-out records for every child, including the times and the name of the person who dropped off and picked up.

• Enrollment records: Complete enrollment forms for every child, including emergency contact information, authorized pickup persons, health information, and allergy details.

• Staff qualification records: Documentation of each employee's education, certifications (CPR, First Aid), background check clearances, and professional development hours.

• Health records: Up-to-date immunization records and physical examination records for each child, as required by the program type.

• Incident reports: Written documentation of any injuries, accidents, or unusual incidents, including the date, time, description of what occurred, and actions taken.

• Drill logs: Records of all fire drills and emergency drills, including dates, times, and the number of children and staff who participated.

Inspections and enforcement

Once you are licensed or registered, your program is subject to ongoing monitoring:

• Unannounced inspections: OCFS licensing staff conduct unannounced visits to regulated programs. These inspections can occur at any time during your operating hours. Inspectors review records, observe classrooms, check ratios, and evaluate overall compliance.

• NYC DOHMH inspections: Group child care centers in New York City are inspected by DOHMH. These inspections follow a similar unannounced format and evaluate compliance with the NYC Health Code provisions for child care.

• Public inspection reports: Inspection results for OCFS-regulated programs are publicly available on the OCFS website. Families and the public can look up any licensed or registered provider to see inspection history, violations, and enforcement actions.

• Enforcement actions: If violations are found, OCFS or DOHMH may issue corrective action plans, fines, or in serious cases, suspend or revoke a license or registration.

Resources for New York childcare providers

The following organizations and agencies can help you navigate the licensing process and improve the quality of your program:

• NY OCFS Division of Child Care Services: The primary state agency for childcare licensing and registration. Their website provides application forms, regulation texts, and contact information for regional offices.

• QUALITYstarsNY: New York's Quality Rating and Improvement System (QRIS). This voluntary program helps providers assess and improve the quality of their programs, and participation can enhance your reputation with families.

• NYC DOHMH Bureau of Child Care: For providers operating group child care centers in New York City, DOHMH is your primary regulatory contact. They handle permits, inspections, and enforcement for NYC group centers.

• Local Child Care Resource and Referral (CCR&R) agencies: These community-based organizations provide free support to childcare providers, including help with the licensing process, professional development opportunities, and business planning assistance.