New York

Staff-child ratios (centers)

Requirements

Annual training

Each staff person and volunteer must complete a minimum of 30 hours of training every 2 years, of which 15 hours must be obtained during the person's first 6 months at the program, and at least 5 office-approved hours each year. At least one staff person certified in CPR and first aid must be on the premises during operating hours.

Lead teacher

A group teacher needs an associate degree in early childhood, child development or a related field; or a CDA (or equivalent age-appropriate credential) plus 1 year of relevant experience; or 9 college credits in early childhood/child development plus 2 years of experience with an approved plan of study (18 NYCRR 418-1.13).

Director

A director needs a bachelor's degree including or in addition to 12 early childhood credits plus 1 year of full-time teaching experience and 1 year supervising staff; or the NYS Children's Program Administrator credential with the same experience; or associate-degree/CDA pathways with an approved plan of study and 2 years each of teaching and supervisory experience.

Worth knowing

In 418-1.8 the ratios are stated per maximum group size, so required staffing scales with the group; nearby bands: 4-year-olds 1:8 (max 21), 5-year-olds 1:9 (max 24). ocfs.ny.gov blocked automated retrieval during this research, so values were verified against the current 18 NYCRR text as reproduced by Cornell LII.

Compliance

Background checks

18 NYCRR 413.4 requires the CCDBG-style comprehensive check for any prospective operator, director, employee or volunteer (and household members 18+ in home programs): NYS criminal history, FBI national fingerprint check, NYS Sex Offender Registry search and Statewide Central Register (SCR) of Child Abuse and Maltreatment database check, plus criminal, sex-offender and child-abuse repository checks in any state of residence in the prior five years. Checks are renewed at least every five years, staff may start supervised after the state or FBI check clears, and clearances must be redone after a separation of more than 180 days.

Mandated reporting

Day care center workers, school-age child care workers and family/group family day care providers are mandated reporters under Social Services Law § 413, and employers must give all current and new employees written information about their reporting obligations. Child abuse and maltreatment identification and prevention is a required training topic under 18 NYCRR 418-1.14.

First aid & CPR

At least one staff person holding valid CPR and first aid certification must be on the premises whenever the center is in operation, with certification appropriate to the ages of children in care and including an in-person competency component (18 NYCRR 418-1.14).

Health & safety training

Directors, teachers and volunteers must complete OCFS-approved training meeting the federal minimum health-and-safety preservice or three-month orientation requirement (18 NYCRR 418-1.14). All staff must complete 30 hours of training every two years (15 hours within the first six months, and at least 5 office-approved hours each year) in topics including child abuse and maltreatment identification/prevention, shaken baby syndrome, safety and security procedures, nutrition/health, and adverse childhood experiences.

Operations

Supervision rule

Competent supervision "includes awareness of and responsibility for the ongoing activity of each child" and requires all children to be within a teacher's range of vision with the teacher near enough to redirect or intervene (18 NYCRR 418-1.8). No one under 18 may supervise children alone, personal electronic device use is prohibited while supervising, directors must approve field trip plans (including added staffing), and transported children may only be released to a parent or designated person.

Record-keeping

Centers must keep children's records (identification, parent and emergency contacts, daily attendance recorded at arrival and departure, immunization and health records, lead screening, medication logs, illness/injury documentation) and staff records (schedules, health statements, criminal history clearances, references) (18 NYCRR 418-1.15). Parents and OCFS must be notified immediately of deaths, serious incidents/injuries, communicable illness or hospital transport, and programs must keep all records for the current and immediately preceding licensing period.

Inspections

OCFS must inspect all child day care programs annually (SSL § 390(4)(a)) and must make unannounced inspections within 15 days of a complaint indicating possible noncompliance — by the next business day where there is imminent danger (§ 390(3)(a)). The results of the most recent licensing inspection, subsequent inspections and complaint summaries are available on written request (§ 390(3)(c)).

Worth knowing: ocfs.ny.gov resets automated connections, so regulations were verified via Cornell LII's 18 NYCRR mirror (Parts 413 and 418-1) and statutes via the official NY Senate site (SOS 390, 413) — as anticipated by the known trap. 418-1.8 as fetched did not specifically address supervision of sleeping children.

Family & home child care

18 NYCRR Part 417 (Family Day Care Homes) and Part 416 (Group Family Day Care Homes); Social Services Law § 390

Family Day Care Home (registered)

Care for 3 to 6 children; one caregiver may care for a maximum of 6 children younger than school age, or 8 children when at least 2 of the 8 are school-age (18 NYCRR 417.8; SSL § 390).There must be at least one caregiver for every 2 children under age 2 in attendance (18 NYCRR 417.8).

Group Family Day Care Home (licensed)

Care for 7 to 12 children of all ages, plus up to 4 additional school-age children. Two caregivers (provider plus assistant) must be present when more than 6 children in care are not school-age; per SSL § 390 an assistant is required when 7 or more non-school-age children, or 9 or more children with at least 2 school-age, are in care (18 NYCRR 416.8; SSL § 390).At least one caregiver for every 2 children under age 2 in attendance (18 NYCRR 416.8).

Provider training

A minimum of 30 hours of OCFS-approved training every 2 years for each provider, employee, and volunteer, with at least 5 hours each year; new providers must complete at least 15 hours in the first 6 months (18 NYCRR 417.14 and 416.14).

Worth knowing

Family Day Care is REGISTERED while Group Family Day Care is LICENSED. Regulation text was verified via the Cornell LII mirror of 18 NYCRR 417/416 because regs.health.ny.gov returned 403 to automated access (ocfs.ny.gov was not fetched). Whether the provider's own children count toward capacity is not stated in the sections fetched — not confirmed here.