Home › State guides › New York

Home Daycare License Requirements in New York (2026)

Opening a home daycare in New York means getting a family child care home license from the New York State Office of Children and Family Services (OCFS), Division of Child Care Services. Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.

Who needs a license — home types in New York

New York's definitional Part is 18 NYCRR Sec. 413.2, and it is the section that decides, for both regimes, what you are, how many children you may hold, and who else must be in the room. The Legislature wrote the same definitions into SSL Sec. 390(1)(d) and (e) almost word for word, so the statute and the regulation agree — which is worth knowing, because when a statute and a regulation agree on a number in New York, the number is unusually hard to move. FAMILY DAY CARE HOME. 18 NYCRR Sec. 413.2(b)(2): "Family day care home shall mean a program caring for children for more than three hours per day per child in which child day care is provided in a family home for three to six children." SSL Sec. 390(1)(e) is identical in substance and adds nothing that narrows it. Four sub-rules ride with the definition and they are where the actual operating law is: - Sec. 413.2(b)(2)(i): "There shall be one caregiver for every two children under two years of age in the family day care home." - Sec. 413.2(b)(2)(ii): "A family day care provider may, however, care for seven or eight children at any one time if no more than six of the children are less than school age and the school-aged children receive care primarily before or after the period such children are ordinarily in school, during school lunch periods, on school holidays, or during those periods of the year in which school is not in session in accordance with the regulations of the Office of Children and Family Services and the office inspects such home to determine whether the program can care adequately for seven or eight children."

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

How many children you can care for in New York

FAMILY DAY CARE HOME (registration): six children, extendable to EIGHT children present at one time, but only on conditions. Base: 18 NYCRR Sec. 413.2(b)(2) and SSL Sec. 390(1)(e) — "three to six children." Extension: Sec. 413.2(b)(2)(ii) — "A family day care provider may, however, care for seven or eight children at any one time if no more than six of the children are less than school age and the school-aged children receive care primarily before or after the period such children are ordinarily in school, during school lunch periods, on school holidays, or during those periods of the year in which school is not in session in accordance with the regulations of the Office of Children and Family Services and the office inspects such home to determine whether the program can care adequately for seven or eight children." Three conditions, all of which have to hold at once: (1) at most six of the children are below school age; (2) the additional one or two are school-aged, defined by Sec. 413.2(d)(16) as under 13 and enrolled in kindergarten or higher; and (3) OCFS has inspected the home specifically to determine that you can hold seven or eight.

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Adult-to-child ratios

New York's home-based ratio law is short, and it lives in two places that must be read together: the definitional Part, 18 NYCRR Sec. 413.2, and the supervision sections, Sec. 417.8 for the registered home and Sec. 416.8 for the licensed home. THE INFANT RATIO — IDENTICAL IN BOTH REGIMES. Sec. 413.2(b)(2)(i): "There shall be one caregiver for every two children under two years of age in the family day care home." Sec. 413.2(b)(3)(i): "There shall be one caregiver for every two children under two years of age in the group family home." SSL Sec. 390(1)(d) and (e) carry the same sentence, so this is a statutory ratio, not merely a regulatory one — a distinction that matters after Chapter 644 of the Laws of 2025, discussed below. The operating restatement is at Sec. 417.8(j)(2) and Sec. 416.8(j)(3): "When care is provided for children under the age of two years, there must be at least one caregiver present for every two children under the age of two years in attendance." Note "in attendance," not "enrolled." THE PER-CAREGIVER CAP — IDENTICAL IN BOTH REGIMES. Sec. 417.8(j)(1) and Sec. 416.8(j)(1), word for word: "One caregiver may care for a maximum of six children younger than school age, or eight children when at least two of the eight children are school aged."

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Training you must complete before licensure

New York gates entry with two distinct pre-service obligations, and the regulation puts them in a specific order. Most secondary sources collapse them into one and get the sequence wrong. STEP ONE — THE PRE-APPLICATION ORIENTATION, WHICH COMES BEFORE YOU EVEN RECEIVE AN APPLICATION. 18 NYCRR Sec. 417.14(a): "Before the office issues an application for a family day care registration to a person or entity who has yet to hold an Office of Children and Family Services day care registration, that applicant must complete an office-approved pre-application orientation session." 18 NYCRR Sec. 416.14(a): "Before the office issues an application for a group family day care license to a person or entity who has yet to hold an office of Children and Family Services day care license, that applicant must complete an office-approved pre-application orientation session." Read the trigger. It is not "before you submit" — it is "before the office issues an application." OCFS does not hand you the application form until the orientation is done. The requirement is limited to first-timers: someone who already holds an OCFS day care registration is outside Sec. 417.14(a), and someone who already holds an OCFS day care licence is outside Sec. 416.14(a).

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Ongoing (annual) training

Thirty hours every two years, front-loaded at fifteen hours in the first six months, with a five-hour-per-year floor. All three numbers are in both the statute and the regulation. THE STATUTE. SSL Sec. 390-a(3)(a): "The office of children and family services shall promulgate regulations requiring operators, program directors, employees and assistants of family day care homes, group family day care homes, school-age child care programs and child day care centers to receive pre-service and annual training, as applicable. Provided however that such providers shall be required to receive thirty hours of training every two years; provided, however, any individual or provider who is already in compliance with this subdivision, prior to the effective date of the chapter of the laws of two thousand nineteen that amended this subdivision, shall only be required to complete any additional federal training requirements which they have not already completed in order to be deemed in compliance with this subdivision. Fifteen hours of such training must be received within the first six months of the initial licensure, registration or employment.

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Background checks

New York's clearance machinery lives in 18 NYCRR Sec. 413.4, "Criminal history review and background clearances," which applies to Parts 416 and 417 through Sec. 413.1 and Sec. 417.1/416.1. It is the longest single obstacle in the New York application, and it reaches further than the provider. WHO IS COVERED. Sec. 413.4(a): the 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 413.2 of this Part, and any person age 18 or older living in a prospective, or who begins to live, in a group family day care home or family day care home." Two things to underline. First, VOLUNTEERS are inside the net, and Sec. 413.2(c)(15) tells you why: "All volunteers have the potential for either unsupervised contact or regular and substantial contact with children in care." Second, the household clause is written in the present continuous — "or who begins to live" — so it captures the adult son who moves back in eighteen months after you were registered, not merely the household as it stood on application day.

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

The application, step by step

Work through these in order — the prep packet turns them into a checklist you can tick off:

1. STEP 1 — Decide which regime you are entering, because it fixes everything downstream. Three to six children in your own occupied residence, more than three hours per day per child: family day care home, REGISTRATION, 18 NYCRR Part 417 (SSL Sec. 390(2)(b); Sec. 413.2(b)(2)). Seven to twelve children of all ages: group family day care home, LICENCE, Part 416 (SSL Sec. 390(2)(a); Sec. 413.2(b)(3)). Seven or eight children where at most six are below school age can be either — the registered home on the Sec. 413.2(b)(2)(ii) extension, or the licensed group home at the bottom of its range. Three to six children in premises that are NOT a residence: you are a small day care center under Subpart…
2. STEP 2 — Complete the OCFS-approved pre-application orientation session. This is a regulatory requirement and it precedes the application itself: Sec. 417.14(a) — "Before the office issues an application for a family day care registration to a person or entity who has yet to hold an Office of Children and Family Services day care registration, that applicant must complete an office-approved pre-application orientation session." Sec. 416.14(a) is the same for the group family day care licence. It binds only first-time applicants for that instrument, but note that an existing family day care REGISTRANT applying for a group family day care LICENCE has "yet to hold" a licence and, on the plain…
3. STEP 3 — Complete the OCFS-approved health and safety training course, and start the clock consciously. Sec. 417.14(b) / Sec. 416.14(b): "Before the office issues an initial registration, the applicant must complete a health and safety training course approved by the office relating to the protection of the health and safety of children and must demonstrate basic competency with regard to health and safety standards. Such training must comply with the Federal minimum health and safety preservice training requirements." Two clocks start here and they run at different speeds. Credit clock: hours count toward your first 15-in-6-months obligation only "provided that such training was received…
4. STEP 4 — Confirm every caregiver meets Sec. 417.13(a) / Sec. 416.13(a) before you build a packet around them: at least 18 years old; either two years of experience caring for children under six, or one year plus six hours of training or education in early childhood development, where "experience caring for children can mean child-rearing as well as paid and unpaid experience caring for children"; capable of and agreeing to provide safe and suitable care; two acceptable non-relative references each, one able to speak to employment history and one to "the character, habits and personal qualifications"; and a satisfactory medical statement. New York imposes NO degree or credential requirement…
5. STEP 5 — Obtain and file the application, with attestations, through the OCFS Facility Application and Management System (FAMS). Sec. 417.2(a)(1) / Sec. 416.2(a)(1): "a completed application, including required attestations, on forms furnished by the office or approved equivalents. Such application and attestations must include an agreement by the applicant to operate the family day care home in conformity with applicable laws and regulations." FAMS is confirmed as the operative system by OCFS's own filing with the Department of State: the Regulatory Impact Statement published in the New York State Register of July 22, 2026 states that "CCSCs will utilize OCFS's Facility Application and…
6. STEP 6 — Give OCFS an e-mail address, or an explicit fallback. Sec. 417.2(a)(16) / Sec. 416.2(a)(16): "an email address for the provider or other person designated to receive communications from the office. If the applicant is unable to provide at least one valid email address, the applicant must provide a valid mailing address for the provider or other person designated to receive written communications from the office." Sec. 417.15(b)(11)(vi)-(vii) then require you to report "any change in email address for the provider or other designee when such change becomes effective" and "any change to contact information when such changes become effective." Because compliance-history and…
7. STEP 7 — Assemble the medical evidence, for three separate populations. (a) Caregivers: Sec. 417.2(a)(2) — "medical statements for the provider, assistant(s), and substitute(s) completed within the 12 months preceding the date of application, as required in section 417.11 of this Part." Sec. 417.11(b)(1) requires each statement to be furnished "at the time of initial family day care application" AND "before such person has any involvement in child care work"; Sec. 417.11(b)(4) requires it to give "satisfactory evidence that the individual is physically fit to provide child day care and has no diagnosed psychiatric or emotional disorder which would preclude such individual from providing…
8. STEP 8 — Submit references and a training/experience summary. Sec. 417.2(a)(3): "a summary of the training and experience of the provider and assistant(s) as described in section 417.13 of this Part." Sec. 417.2(a)(4): "the names, addresses and day time telephone numbers of at least two acceptable references each for the provider, assistant(s), and any substitute(s)." Substitutes are inside this requirement at the application stage, which surprises applicants who plan to identify substitutes later.
9. STEP 9 — Run the comprehensive background clearances for every covered person, and expect this to be the long pole. Sec. 417.2(a)(5) requires "sworn statements by the provider, assistant(s), substitutes and any person 18 years of age or older who resides in the proposed family day care home indicating whether, to the best of their knowledge, they have ever been convicted of a misdemeanor or a felony in New York State or any other jurisdiction, and fingerprint images as required pursuant to section 413.4 of this Article." Sec. 417.2(a)(8) adds the Statewide Central Register database check forms and the Justice Center Staff Exclusion List forms under SSL Sec. 495. The substantive clearances…
10. STEP 10 — File the three certifications OCFS requires on its own forms. Sec. 417.2(a)(6): "certification, on forms provided by the office, of the status of the individual applicant's child support obligations or payments, in accordance with the requirements of section 3-503 of the General Obligations Law." Sec. 417.2(a)(7): "certification, on forms provided by the office, that the applicant is in compliance with workers compensation requirements of New York State law." Sec. 417.2(a)(13): "certification, on forms provided by the office, that the dwelling, its property and premises, and the surrounding neighborhood and environment are free from environmental hazards." The environmental…
11. STEP 11 — Handle water and fuel-burning systems if they apply. Sec. 417.2(a)(11): where the home uses a private water supply, "a report from a state licensed laboratory or individual, based on tests performed within the 12 months preceding the date of application, showing that the water meets standards for drinking water established by the New York State Department of Health"; or, if it does not meet them, "a description of how water for all purposes will be provided by another method acceptable to the Department of Health." Sec. 417.2(a)(12): "a report of inspection performed within the 12 months preceding the date of application, by local authorities or an inspector qualified to approve…
12. STEP 12 — Prove the site is a residence, and file the diagram that will define your approved child care space. Sec. 417.2(a)(14): "the site to be used for child care must meet the definition and requirements of a personal residence as outlined in Part 413 of this Title. The registrant must submit documentation, acceptable to the office, to prove that the family day care site is being used as a residence." Sec. 417.3(a): "Each applicant must submit to the office at the time of application for registration, a diagram of the proposed family day care home showing: all rooms in the home, including the rooms which will be used for day care and the purposes for which such rooms will be used; the…
13. STEP 13 — Develop the health care plan, on OCFS's form, whether or not you will give medication. Sec. 417.2(a)(15) makes "a health care plan developed in accordance with requirements of section 417.11(c) of this Part" part of the application packet, and Sec. 417.15(c)(2) requires "an approved health care plan on forms furnished by the office" to be kept on site. Sec. 417.11(c)(1): "The registrant 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." Health-care-consultant APPROVAL of the plan is what is…
14. STEP 14 — Write the emergency plan and evacuation diagram, and post the diagram. Sec. 417.5(b): "The registrant must submit a written emergency plan and emergency evacuation diagram using the forms furnished by the office or an approved equivalent form. Primary emphasis must be placed on the safe and timely evacuation and relocation of all children. The plan must account for the variety of needs of children, including those with disabilities." Sec. 417.5(b)(1): it "must be reviewed with the parents of the children in the program and all caregivers that work in the program." Sec. 417.5(b)(2): "The emergency evacuation diagram must be posted in a visible location." Sec. 417.5(b)(3) fixes…
15. STEP 15 — Bring the physical home up to the Part 417 (or Part 416) standard before the inspection, not after it. Fire: an operational smoke detector on each floor (Sec. 417.4(c)); a smoke detector "located either within rooms where children nap, or in adjoining rooms," and where a napping room has doors, "a smoke detector is required inside that room" (Sec. 417.4(d)); battery back-up for hard-wired detectors (Sec. 417.4(e)); residence-approved multi-purpose fire extinguishers "placed in the kitchen and outside the furnace room," with the furnace-room extinguisher excused in a multiple family dwelling, gauges showing full charge and seals unbroken, and caregivers who "must know how to use"…
16. STEP 16 — Close out the Sec. 417.5 safety list, which is longer than most applicants expect and contains several items that require paperwork rather than hardware.
17. STEP 17 — Know the new prohibitions that post-date most published guidance. INFANT WALKERS ARE NOW BANNED BY REGULATION AS WELL AS BY STATUTE. SSL Sec. 390-o(2)(a): "On or after the effective date of this section, no child care facility shall use or have on the premises any infant walker," with "child care facility" defined at Sec. 390-o(1)(b) to include any Sec. 390 child day care provider and any New York City Health Code Article 47 programme. OCFS codified it: I.D. No. CFS-19-26-00001-A, Filing No. 684, Filing Date 2026-07-14, EFFECTIVE DATE 2026-07-29, "Amendment of sections 416.7, 417.7, 418-1.7 and 418-2.7 of Title 18 NYCRR," adopting without change the text proposed on May 13, 2026:…
18. STEP 18 — Write the written policy statement you must hand every parent at admission, because several of its fifteen required contents are themselves separate compliance artefacts. Sec. 417.15(b)(22): "The program must give the parent, at the time of admission of the child, a written policy statement including but not limited to: (i) the responsibilities of the program; (ii) the responsibilities of the parent; (iii) the policies of the program regarding admission and disenrollment policies; (iv) how parents will be notified of accidents, serious incidents and injuries; (v) the plan for behavior management; (vi) the evacuation plan; (vii) the program activities; (viii) a summary of the…
19. STEP 19 — Establish the new statutory pick-up procedures under SSL Sec. 390(15), a 2026 addition that is not yet reflected in Parts 416 or 417. Sec. 390(15)(a): "Each child day care provider, enrolled legally-exempt provider, enrolled legally-exempt group provider, and child care program permitted under the New York City health code shall establish written procedures that identify the actions the provider or program shall take if the provider or program becomes aware that the parent or guardian shall be unavailable to retrieve the child at the conclusion of the child care program hours or the child is not picked up as scheduled, and such child is in need of an alternate plan for pickup for…
20. STEP 20 — Prepare the record set you must hold on site from day one.
21. STEP 21 — Pass the OCFS inspection. Sec. 417.2(c): "Applicants for a registration may not be issued a registration until an inspection of the family day care home has been conducted showing compliance with the requirements of this Part and the relevant provisions of the Social Services Law." Sec. 416.2(c) is identical for the licence. The statute makes the same demand at SSL Sec. 390(2)(d)(i): "Procedures for obtaining a license or registration or renewing a license shall include a satisfactory inspection of the facility by the office of children and family services prior to issuance of the license or registration or renewal of the license." Where the applicant is relying on the…
22. STEP 22 — Within five days of receiving the registration or licence, and BEFORE opening, notify the local police and fire departments. Sec. 417.15(b)(18)(i) / Sec. 416.15(b)(18)(i): "Within five days after receiving the initial registration and before actually commencing operation, the program must, using a form specified by the office or an approved equivalent for that purpose, notify the local police and fire departments of the municipality within which the family day care home is located of the following: (a) the address of the family day care home; (b) the maximum capacity of the family day care home; (c) the age range of children that will be in care; and (d) the hours during which…
23. STEP 23 — Open, and immediately begin the drill cycle. Evacuation drills: Sec. 417.4(b)(1) — "Evacuation drills must be conducted at least monthly during the hours of operation of the family day care home"; Sec. 417.4(b)(2) — "the exit route must be varied to ensure that all approved means of egress are practiced. If one of the exit routes leads to a window or fire escape, the drill must include taking the children to the window or fire escape and explaining what would be expected of them should an actual fire occur that requires they use this exit route. Exiting through the window or on to the fire escape during a drill is not required"; Sec. 417.4(b)(3) — where multiple shifts are…
24. STEP 24 — Operate inside the term, and calendar the mid-point. Sec. 417.15(a)(11): "The effective period of the registration for a family day care home will be up to four years so long as the registrant remains in compliance with applicable laws and regulations during such periods." Sec. 417.15(b)(25) creates a checkpoint with no filing attached to it: "Mid-point requirements for four-year registration. At the two-year calendar date in a four year registration cycle, a program must be in compliance with the following mid-point requirements and be able to show proof of compliance to the office when requested" — the private-water test dated within the preceding 12 months, the…
25. STEP 25 — Renew at least 60 days before expiry, and re-file the recurring documents. Sec. 417.2(d): "Applicants for renewal of a registration must submit to the office at least 60 days in advance of the expiration date of the registration the following" — the renewal application with attestations including "an agreement by the applicant to operate the family day care home in conformity with applicable laws and regulations"; the child-support certification; the workers' compensation certification; the environmental-hazards certification with any required local inspection documentation; the private-water report where applicable; the fuel-burning-system inspection report where applicable;…
26. STEP 26 — Know the term change that lands mid-cycle. SSL Sec. 390(2)(a) exists in two versions on the Legislature's consolidated text: the version "Effective until June 5, 2027" provides that "Initial licenses and subsequent licenses shall be valid for a period of up to four years so long as the provider remains substantially in compliance with applicable law and regulations during such period," and the version "Effective June 5, 2027" substitutes "up to six years." Sec. 390(2)(d)(ii)(A) carries the identical pair for registrations. Two practical consequences. First, if your application or renewal falls near that date, ask OCFS which term you are being issued under; the transition sits…
27. STEP 27 — Understand the enforcement ladder you are now inside, because it changes what "a violation" costs. Sec. 413.3(a) lists twelve enforcement actions, from "issuance of written inspection reports which include corrective action plans" through "temporary suspension or limitation of a license or registration upon finding that the public health or child's safety or welfare are in imminent danger," "publication in local newspapers of the names and addresses of child day care licensees or registrants whose licenses, registrations or applications ... have been rejected, denied, limited, suspended, terminated or revoked, or against whom a fine has been assessed after an administrative…

What you must post on your walls

• THE REGISTRATION OR LICENCE ITSELF, PLUS EVERY WAIVER, LIMITATION AND RESTRICTION. 18 NYCRR Sec. 417.15(a)(2): "Each family day care home which has been issued a registration by the office must openly display such registration and all waivers, limitations and restrictions in the home for which it was issued." Sec. 416.15(a)(2) is identical for the licence. Note the divergence from the statute, which is lighter: SSL Sec. 390(2)(d)(iv) says "Child day care providers who have been issued a license shall openly display such license in the facility or home for which the license is issued. Child day care providers who have registered with the department shall provide proof of registration upon…
• THE MOST RECENT COMPLIANCE HISTORY REPORT, POSTED IMMEDIATELY ON RECEIPT. Two independent sources impose this. Sec. 417.15(a)(2)(i) / Sec. 416.15(a)(2)(i): "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." And Sec. 413.3(g)(3)(i), in the enforcement Part: "The office shall require the child day care program to immediately post upon receipt in a prominent place at the program that is visible to parents, a copy of the most recent compliance history report issued to the program by the office." Sec. 413.3(g)(3)(iii) adds a web…
• THE NOTICE OF SUSPENSION OR LIMITATION, IF ONE IS ISSUED, FOR AT LEAST 30 DAYS. Sec. 413.3(g)(3)(ii): "In the event that a child day care program is suspended or limited, the office shall require the child day care program to immediately post the notice of suspension or limitation immediately upon receipt. Such notice shall be posted in a prominent place at the program that is visible to parents. A notice of suspension or limitation required by the office to be posted by a child day care program must remain posted for a period of at least 30 days or at least until such time as the condition requiring suspension or limitation has been deemed by the office to have been corrected or in the…
• THE STATUTORY INSPECTION NOTICE AND COMPLIANCE HISTORY UNDER SSL SEC. 390-i. This is a statutory posting duty that has no counterpart in Parts 416 or 417 and is therefore missing from most regulation-only checklists. Sec. 390-i: "In every child day care program that is licensed or registered pursuant to section three hundred ninety of this title, the child day care provider shall post and maintain in a prominent place, a notice, to be provided by the office of children and family services, that shall state the date the most recent child care inspection occurred and provide information for parents and caregivers regarding how to obtain information from such office regarding the results of…
• THE EMERGENCY EVACUATION DIAGRAM. Sec. 417.5(b)(2) / Sec. 416.5(b)(2): "The emergency evacuation diagram must be posted in a visible location." The diagram is the one artefact from the emergency plan that must be on the wall; the plan itself is a file document under Sec. 417.15(c)(1) that must additionally be "reviewed with the parents of the children in the program and all caregivers that work in the program" (Sec. 417.5(b)(1)).
• 911 AND THE POISON CONTROL NUMBER, AT THE TELEPHONE. Sec. 417.5(m)(5): "911 and the poison control phone number must be posted conspicuously on or next to the telephone." The surrounding paragraphs make the telephone itself a posted fixture: Sec. 417.5(m)(2) — "The phone used at the family day care must remain in a designated visible location during all hours that children are in care"; Sec. 417.5(m)(3) — it "must have a ringtone that remains audible throughout day care hours of operation"; Sec. 417.5(m)(6) — call-blocking devices "shall not be used to block in-coming calls from parents of children in care, representatives of the office or agents of the State or local government during the…
• DAILY TRANSPORTATION SCHEDULES, IF YOU TRANSPORT. Sec. 417.6(l) / Sec. 416.6(l): "The program must openly display daily transportation schedules." This is a display obligation, phrased in the same "openly display" language the regulation uses for the certificate itself.
• THE RELOCATION NOTICE, POSTED AT THE ENTRY, IF YOU EVACUATE. Sec. 417.5(b)(6): "In the event that relocation is required, a written notice must be placed on the main entry to the child care space unless an immediate threat precludes the program from doing so." Same paragraph: "Parents must be made aware of the primary and secondary relocation sites and any changes to the plan in advance. In the case that a program is directed to a different location by emergency services, the program must notify parents and OCFS as soon as possible."
• THE FIREARM NOTICE — GIVEN, NOT POSTED, BUT MANDATORY AND WRITTEN. Sec. 417.5(x)(5): "Child care programs shall give written notice to parents and the office, on forms furnished by the office or an approved equivalent, that a firearm, shotgun, rifle or ammunition is on the premises." Sec. 417.15(b)(22)(xv) puts the same disclosure inside the admission policy statement. Sec. 417.15(c)(24) requires a copy to be kept on file.
• THE WRITTEN POLICY STATEMENT AT ADMISSION — fifteen mandatory contents. Sec. 417.15(b)(22), reproduced in the prelicensing steps above. Not a wall posting, but a written instrument that must be handed to every parent "at the time of admission of the child," and whose contents are individually enforceable.
• THE ANIMAL DISCLOSURE. Sec. 417.5(l)(7): "The program must provide parents with a written description of all animals kept on the premises prior to a child's enrollment in the program." Sec. 417.5(l)(8): "Within 24 hours that an animal is first kept on the premises of a child care program, the program must provide written notice to the office and parents of children in care that such animal is being kept on the premises." Sec. 417.5(l)(5) adds an incident duty: "The program must immediately notify the parents of children in care and the office when an animal kept on the premises harms any person, including a child in care."
• SURVEILLANCE DISCLOSURE. Sec. 417.15(b)(9)(i)-(ii) and (vii): parents of all children, and all assistants and employees, "must be informed that cameras will be used for this purpose" and "must be made aware of the locations of all electronic monitoring devices or surveillance cameras used at the family day care home"; and "Parents of children, caregivers, employees and volunteers must be notified when electronic monitoring devices or surveillance cameras are used." Sec. 417.15(b)(9)(v) restricts where they may be: "Electronic monitoring devices or surveillance cameras are permitted to transmit images of children in common rooms, hallways and play areas only. Bathrooms and changing areas…
• THE REGULATIONS THEMSELVES, ACCESSIBLE ON DEMAND. Sec. 417.15(b)(13): "The caregivers, employees and volunteers must be familiar with the regulations governing family day care. Such regulations must be readily accessible to the caregivers for reference purposes and must be made available for review to a parent of a child in care upon request by a parent." A copy of Parts 413 and 417 (or 416) has to be in the house, in a form a parent can be handed.
• PARENTAL ACCESS RIGHTS ARE A STANDING, UNPOSTED ENTITLEMENT — treat them as if they were posted. Sec. 417.15(b)(8): "The parent of any child receiving family day care must have: (i) unlimited and on demand access to such child; (ii) the right to inspect all parts of the home used for child day care or which could present a hazard to the health or safety of the child whenever the parent requests at any time during the hours of operation of the home; (iii) unlimited and on demand access to the caregivers whenever such child is in care or during the normal hours of operation; and (iv) unlimited and on demand access to written records concerning such child except where access to such records…
• OCFS ACCESS IS EQUALLY STANDING. Sec. 417.15(b)(10)(i): "A family day care home must admit inspectors and other representatives of the office onto the grounds and premises at any time during the hours of operation as documented with the office on the application for family day care. Such inspectors and representatives must be given free access to the building, the caregivers, employees and volunteers, the children and any program records." Sec. 417.15(b)(10)(iv)-(vi) make it a violation to place an office representative "in reasonable fear of physical injury," to make "Any intentional display of physical or verbal force," or to engage in "Intentional and wrongful physical contact with an…

Enrollment forms for each child

• Application for FAMILY DAY CARE HOME REGISTRATION, or for GROUP FAMILY DAY CARE HOME LICENCE, on OCFS forms with the required attestations, filed through the OCFS Facility Application and Management System (FAMS). Sec. 417.2(a)(1) / Sec. 416.2(a)(1): "a completed application, including required attestations, on forms furnished by the office or approved equivalents. Such application and attestations must include an agreement by the applicant to operate the family day care home in conformity with applicable laws and regulations." FAMS is confirmed by OCFS's own Regulatory Impact Statement in the New York State Register of July 22, 2026 ("OCFS's Facility Application and Management System…
• RENEWAL APPLICATION with attestations, on OCFS forms, filed "at least 60 days in advance of the expiration date" (Sec. 417.2(d) / Sec. 416.2(d)).
• PRE-APPLICATION ORIENTATION completion — the antecedent to receiving an application at all (Sec. 417.14(a) / Sec. 416.14(a)).
• HEALTH AND SAFETY TRAINING completion record. Required before issuance (Sec. 417.14(b) / Sec. 416.14(b); SSL Sec. 390-a(3)(d)). Keep the date: it decays out of first-cycle credit at 12 months (Sec. 417.14(g)) and out of validity at 24 months (Sec. 417.14(b)).
• SWORN CRIMINAL HISTORY STATEMENTS AND FINGERPRINT IMAGES for the provider, each assistant, each substitute and every person aged 18 or older residing in the proposed home (Sec. 417.2(a)(5); Sec. 413.4(d)(1)-(3)). Sec. 413.4(d)(3) requires the registrant to furnish each such person "a fingerprint imaging application form and a description of how the completed fingerprint images will be used."
• STATEWIDE CENTRAL REGISTER (SCR) DATABASE CHECK FORMS for the provider, employees, volunteers and every household member 18 or older (Sec. 417.2(a)(8)(i); Sec. 417.13(d); Sec. 413.4(a)(4), under SSL Sec. 424-a).
• JUSTICE CENTER STAFF EXCLUSION LIST (SEL) FORMS — the check of "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" (Sec. 417.2(a)(8)(ii); Sec. 417.13(c)).
• OUT-OF-STATE CLEARANCE REQUESTS for any covered person who lived outside New York in the preceding five years: that state's criminal history repository, that state's sex offender registry or repository, and — unconditionally — "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" (Sec. 413.4(c)(1)-(3)).
• MEDICAL STATEMENT for the provider, each assistant and each substitute, on OCFS forms or approved equivalents, dated within the 12 months preceding application, including a Mantoux or other federally approved tuberculin test performed within the same 12 months (Sec. 417.2(a)(2); Sec. 417.11(b)(1), (3), (6)).
• MEDICAL STATEMENT FOR EVERY PERSON RESIDING IN THE HOME, on OCFS forms, dated within the preceding 12 months, stating "that the person has no health conditions which would endanger the health of children receiving day care in the home" (Sec. 417.2(a)(9); Sec. 417.11(b)(7)).
• CHILD SUPPORT COMPLIANCE CERTIFICATION, "on forms provided by the office," under Sec. 3-503 of the General Obligations Law (Sec. 417.2(a)(6); renewal at Sec. 417.2(d)(2)).
• WORKERS' COMPENSATION COMPLIANCE CERTIFICATION, "on forms provided by the office" (Sec. 417.2(a)(7); renewal at Sec. 417.2(d)(3)).
• ENVIRONMENTAL HAZARDS CERTIFICATION, "on forms provided by the office," with any locally required inspection or testing documentation appended plus the local official's statement that the dwelling and neighbourhood "meet applicable standards for sanitation and safety" (Sec. 417.2(a)(13); renewal at Sec. 417.2(d)(4); file copy at Sec. 417.15(c)(17)).
• PRIVATE WATER SUPPLY TEST REPORT from a State-licensed laboratory or individual, based on tests within the preceding 12 months (Sec. 417.2(a)(11)), repeated at renewal (Sec. 417.2(d)(5)), at the two-year mid-point (Sec. 417.15(b)(25)(i)) and "every two years thereafter" on file (Sec. 417.15(c)(11)(i)).
• FUEL-BURNING SYSTEM INSPECTION AND APPROVAL REPORT for any wood or coal burning stove, fireplace, pellet stove or permanently installed gas space heater, dated within the preceding 12 months, by local authorities or a qualified inspector (Sec. 417.2(a)(12); renewal at Sec. 417.2(d)(6); mid-point at Sec. 417.15(b)(25)(ii); on file at Sec. 417.15(c)(10); underlying duty at Sec. 417.4(j)).
• LOCAL SANITATION AND SAFETY STATEMENT from the appropriate local official or authority — required only "where the office notifies the applicant that such a statement is required" (Sec. 417.2(a)(10); renewal at Sec. 417.2(d)(8)).
• PROOF THE SITE IS A RESIDENCE — "documentation, acceptable to the office, to prove that the family day care site is being used as a residence" (Sec. 417.2(a)(14), read with the "personal residence" definition at Sec. 413.2(d)(12)).
• DIAGRAM OF THE HOME showing all rooms, the rooms to be used for day care and their purposes, "the number and location of exits and alternate means of egress," and the outdoor play areas — with an updated diagram due "immediately upon making any change that impacts the child care program" (Sec. 417.3(a)).
• WRITTEN PLAN OR DIAGRAM FOR TRAVEL TO OFF-SITE OUTDOOR SPACE, where outdoor play uses a park, school yard or public play area — it "must be developed and approved by the office" (Sec. 417.3(k)).
• HEALTH CARE PLAN on forms furnished by the office, with the nine contents fixed by Sec. 417.11(c)(2) (Sec. 417.2(a)(15); on file at Sec. 417.15(c)(2)). Health-care-consultant approval is required only where medications beyond over-the-counter topicals and the listed emergency medications are administered (Sec. 417.11(c)(1), Sec. 417.11(d)(1)).
• WRITTEN EMERGENCY PLAN AND EMERGENCY EVACUATION DIAGRAM, "using the forms furnished by the office or an approved equivalent form" (Sec. 417.5(b)), the diagram posted (Sec. 417.5(b)(2)), the plan on file (Sec. 417.15(c)(1)).
• EVACUATION DRILL RECORDS, "using forms provided by the office or approved equivalents," for monthly drills during hours of operation and monthly during each shift where multiple shifts are provided (Sec. 417.4(b)(1)-(4); on file at Sec. 417.15(c)(1)).
• SHELTER-IN-PLACE DRILL RECORDS, "using forms provided by the office or approved equivalents," for two drills annually (Sec. 417.5(b)(4)-(5); on file at Sec. 417.15(c)(1)).
• POLICE AND FIRE DEPARTMENT NOTIFICATION FORM, "using a form specified by the office or an approved equivalent," filed within five days after receiving the initial registration or licence and before commencing operation, stating the address, maximum capacity, age range and hours; re-filed on any change; copy kept on file (Sec. 417.15(b)(18); file copy at Sec. 417.15(c)(16)).
• FIREARM / AMMUNITION NOTICE to parents and to OCFS, "on forms furnished by the office or an approved equivalent" (Sec. 417.5(x)(5); file copy at Sec. 417.15(c)(24), which cross-refers to Sec. 417.5(x)).
• WRITTEN BEHAVIOR MANAGEMENT PLAN, "acceptable to the office," with copies to all caregivers and parents (Sec. 417.9(a), (c)).
• WRITTEN POLICY STATEMENT GIVEN TO EACH PARENT AT ADMISSION, with the fifteen contents listed at Sec. 417.15(b)(22).
• WRITTEN PICK-UP PROCEDURES under SSL Sec. 390(15), "provided to families upon implementation, admission, and revision," and constrained by Sec. 390(15)(c) as to contacting the Statewide Central Register and retaining the child on the premises.
• NAPPING AGREEMENT for each child other than school-age children, made in writing between the parent and the programme and stating "the area of the home where the child will nap; whether the child will nap on a cot, mat, bed or a crib; and how the napping child will be supervised" (Sec. 417.7(l); on file at Sec. 417.15(c)(18)).
• WRITTEN PARENTAL PERMISSION FOR NAPPING OUT OF SIGHT with an electronic monitor (Sec. 417.8(b)(1)), and for a caregiver to sleep during evening or night care (Sec. 417.8(b)(3)).
• WRITTEN PARENTAL PERMISSION FOR SCHOOL-AGE CHILDREN to be outside direct supervision on the premises, with 15-minute visual checks (Sec. 417.8(b)(5); on file at Sec. 417.15(c)(22)).
• TRANSPORTATION CONSENT on OCFS forms or approved equivalents from the parent of each child transported, plus the transportation plan given to parents at enrolment and re-issued on amendment (Sec. 417.6(a), (j); on file at Sec. 417.15(c)(19)).
• POOL DOCUMENTS, where a non-public or residential pool is used: the supervision documentation, the water-quality documentation, "a written pool safety plan acceptable to the office," the dated parental permission note containing the child's name and age, the pool's address, "the depth of the pool at its deepest point" and the permitted dates or months, and "a current and accurate record detailing the pool maintenance" (Sec. 417.5(g)(3)-(6); pool maintenance safety plan on file at Sec. 417.15(c)(20)).
• PER-CHILD HEALTH DOCUMENTS: a health care provider's written statement dated within the preceding 12 months verifying the child can participate in child care and appears free of contagious or communicable disease, and stating whether the child is a child with special health care needs (Sec. 417.11(a)(1)-(2)); immunisation documentation under the Public Health Law, with the admission-in-process rule at Sec. 417.11(a)(4) and the annually reissued medical exemption at Sec. 417.11(a)(6); and a lead screening certificate for each child under six where the parent has one, with the non-exclusion rule and referral duty at Sec. 417.11(a)(9).
• DAILY ATTENDANCE RECORDS "filled out at the time a child arrives and departs," including arrival and departure times (Sec. 417.15(c)(5)), and a daily caregiver schedule recording arrival and departure times of each caregiver, employee and volunteer (Sec. 417.15(c)(13)).
• TRAINING DOCUMENTATION, submitted to the designated registration or licensing office (Sec. 417.14(j)) and kept on file (Sec. 417.15(c)(14)); produced at renewal (Sec. 417.2(d)(7)) and at the two-year mid-point (Sec. 417.15(b)(25)(iii)).
• CPR AND FIRST AID CERTIFICATE, current, available for review during working hours and kept on file (Sec. 417.14(o); Sec. 417.15(c)(21)).
• ENTITY DOCUMENTS, where the registrant is not a sole proprietorship: certificate of incorporation, partnership agreement or articles of organisation with amendments; verification of filing with the Secretary of State; and "a current list of the names of the board of directors, partners, or members and their addresses, telephone numbers of the current principal officers and members, and the business and civic qualifications of all such individuals" (Sec. 417.15(c)(15)).
• WAIVER REQUEST, on OCFS forms or approved equivalents, stating the specific regulation, the reason and "a description of what will be done to achieve or maintain the intended purpose of the regulation" — available only for NON-STATUTORY requirements (Sec. 413.6(a)-(b)).
• ONLINE ADDRESS OPT-OUT FORM, if you do not want your home street address or a map of it published on the OCFS website — "The office shall provide a written form informing a provider of their right to opt out of providing information online, and shall also permit a provider to request to opt out through the office's website" (SSL Sec. 390(8-a)).
• A NOTE ON OCFS FORM NUMBERS. Numbers such as OCFS-6000, OCFS-6007 and OCFS-6011 circulate widely in third-party guidance for the required-forms checklist, the drill record and the emergency plan respectively. None of those numbers appears in 18 NYCRR Parts 413, 416 or 417, which describe every one of these instruments only as being "on forms furnished by the office or approved equivalents." Direct retrieval of OCFS form documents failed throughout this verification (see verify_flag). Ask OCFS or your Child Care Resource and Referral agency for the current revision of each form rather than relying on a number printed in a guide.

What's specific about getting licensed in New York

New York splits home-based child care into two OCFS categories with a hard break at six children: a Family Day Care home (a registration, up to 6 non-school-age plus 2 school-age) versus a Group Family Day Care home (a license, 7 to 12 children plus up to 4 school-age, with an assistant legally required whenever more than 6 children are present). Two things make NY distinct from most states: OCFS regulates these home programs statewide, INCLUDING inside all five boroughs of New York City (the NYC Health Department only handles centers), and New York layers on a Staff Exclusion List check through the Justice Center on top of the usual criminal and child-abuse-registry clearances. You also literally cannot obtain an application until you complete the OCFS-approved Child Day Care Orientation, which then unlocks your FAMS application link.

How long it takes and what it costs in New York

Timeline: Realistically plan on about 2 to 4 months from finishing the mandatory Child Day Care Orientation to receiving your registration or license, and up to 6 months if anything stalls. The orientation itself is only a few hours online, but the two slow steps are background clearances (fingerprint results and the SCR/Staff Exclusion List checks for you and every adult in your home) and getting your regulator out for the required home inspection. This is a realistic estimate, not an OCFS guarantee.

Cost: New York does not charge an OCFS application fee to register a Family Day Care home or to license a Group Family Day Care home, and fingerprinting is free for applicants and household members 18+. Your real out-of-pocket costs are the $25 Statewide Central Register (child-abuse registry) check per adult (you plus each household member 18 and older), CPR/First Aid certification (market rate, typically roughly $75 to $150 at a private provider, approximate), a physical/medical statement for you and household members if not covered by insurance, and home-safety items such as smoke and carbon-monoxide detectors, a fire extinguisher, and a first-aid kit. Much of the required OCFS training, including the health and safety courses, is offered free through the University at Albany's PDP/ECETP.

Source: Sources officielles consultées pour New York :

https://www.nysenate.gov/legislation/laws/SOS/390

https://www.nysenate.gov/legislation/laws/SOS/390-A

https://www.nysenate.gov/legislation/laws/SOS/390-B

https://www.nysenate.gov/legislation/laws/SOS/390-D

https://www.nysenate.gov/legislation/laws/SOS/390-H

https://www.nysenate.gov/legislation/laws/SOS/390-I

https://www.nysenate.gov/legislation/laws/SOS/390-L

https://www.nysenate.gov/legislation/laws/SOS/390-M

Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.