Regulated Child Care in NYS

As child care needs for families are as diverse as the families themselves, parents need a broad range of child care options. The “right” child care choice for your family will depend on your work demands, that ages of your children and your own personal choice about what is the best care situation for each child. You will need to consider when you need care, the program’s location to your home or work, the qualifications of the staff and most importantly, the unique needs of your child. Local Child Care Resource and Referral agencies are available to assist you in your search for a child care program that meets your needs. To find the CCR&R in your area, please click here.

In New York State there are four forms of regulated child care:

Family Day Care

Group Family Day Care

Day Care Centers

School Age Child Care

Please click on the type of care for more information.

The New York State Office of Children and Family Services is responsible for licensing or registering child care programs and for monitoring these programs for compliance to the regulations. In addition to regulated child care options, parents may also find additional child care programs from which to choose from. These additional programs are:

In-home care

Pre-school Programs

Nursery Schools

Legally exempt Providers

Family Day Care is when one provider cares for children in the provider’s home for more than three hours per day. If a provider cares for 3 or more children (other than her own) a provider must be registered by NYSOCFS. A provider may care for up to 6 children. In addition, a provider may care for one or two school age children before and after school hours and on school vacations and holidays. You may click here for a copy of the regulations governing Family Day Care.

Many parents prefer family day care because of the “home-like” atmosphere and the low group size. Often there is flexibility in the hours as some providers care for children on weekends or evenings. Family day care homes are often located in neighborhoods – near the family’s home, the parent’s work or the child’s school. Children, particularly infants, do well with the low group size and the consistency of just one care giver.

Group Family Day Care is similar to family day care – it is also care for children in a provider’s home – only more children are allowed because an additional caregiver is present. These two caregivers can care for up to 12 children for three or more hours per day. Group family child care providers may also care for one or two school age children before and after school and on school holidays and vacations. Group family child care providers are licensed by NYSOCFS. You may click here for a copy of the regulations governing Group Family Day Care.

The benefits of this type of care for families are very similar to that of family day care. Providers may have an additional benefit of having another adult present, as isolation is cited by providers as the most difficult part of their jobs. Children may also benefit from having not one, but two nurturing care givers.

Day Care Centers provider group care for children away from their homes for three or more hours per day. Centers may care for children from 6 weeks old to 12 years old and much maintain strict staff/child ratios and group size limits. Day Care Centers are licensed by NYSOCFS. You may click here for a copy of the regulations governing Day Care Centers.

Many parents prefer day care centers because of the socialization available to children in larger group settings. The day care centers may be better equipped than home based programs and may offer more program options than family child care settings. Another benefit is that parents do not have to worry about the illness of the provider upsetting the child care arrangement.

School Age Child Care refers to programs that care for six or more children who are of school age (kindergarten through 12 years old) during non-school hours. In this group care setting, programs must maintain staff/child ratios and group size limits. Programs often operate from September through June and are open at times when school is not in session (before and after school, school holidays, conference days). School Age Child Care Programs are registered through NYSOCFS. You may click here for a copy of the regulations that govern School Age Child Care.

School age child care programs provide supervision to older children during the critical hour between school ending and a parent returning from work. Many programs offer support with homework, allowing more family time in the evening. Another benefit is that parents do not have to worry about the illness of the provider upsetting the child care arrangement.

Other Child Care Options
In-home care – is when a provider comes to the family’s home to provide services. This offers flexibility to the parents and personal attention for the child. Please note that under most circumstances, a provider in this situation is considered an employee and employment and tax laws apply.

Pre-school Programs – Many public schools offer programs for three to five year olds. Programs are part day and operate on a school calendar. These programs are regulated by the State Department of Education.

Nursery Schools – are group programs that are not in someone’s home and operate for less than three hours per day. Many of these programs operate on a school calendar and often offer both a part day and part week option to families. These programs are not required to be regulated. However, many programs voluntarily follow State Education Department Guidelines or become regulated as a child care center.

Legally exempt Providers – Also know as “informal provider” or “kith and kin” care, these providers are often friends, relatives or neighbors who watch one or two children in addition to their own. These providers are not required to be regulated.

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