Getting Started in Child Care

There are different requirements for different types of child care programs. Not sure which process to follow? Read our guide to the different types of child care. 

Getting started:

Licensed and Registered Care

Any child care program planning to serve three (3) or more children, for more than three (3) hours a day on a regular basis, must obtain a childcare provider license or registration through the New York State Office of Children and Family Services. Depending on which type of child care program you intend to apply for, Child Care Council will help you understand the child care licensing requirements and will support you through the process.

  1. Child Care Orientation
    • To open a child care program in New York, you must first complete the free online orientation provided by the New York State Office of Children and Family Services. After completing the orientation, you will receive an Initial Provider Application. This orientation is a prerequisite for requesting an application and provides important information about the requirements for opening a child care program in NYS.
    • For more details, visit the Office of Children and Family Services website section on Starting a Child Care Program.
  2. Request an Initial Provider Application
    • Once you complete the orientation, you will be prompted to request an Initial Provider Application. You will need an NY.GOV account to continue the process. A link to access the application via Facility Application Management System (FAMS) will be sent to the email address you provide.  
    • You can find additional information on FAMS by visiting the NYS Office of Children and Family Services website.
  3. Health & Safety Training Requirements
    • Next, you must complete a 15-hour in-person health and safety training course approved by NYS OCFS before receiving an initial license or registration for home-based programs. This training must comply with federal minimum health and safety pre-service training requirements. Child Care Council offers Health and Safety training, as well as CPR and First Aid certification, to help meet this requirement. 
    • You can apply for Health and Safety training through Child Care Council’s Early Childhood Education and Training Program
    • In addition to the initial training requirements, Social Services Law Section 390-a requires all staff and volunteers to complete a minimum of thirty (30) hours of training every two years including a minimum of five (5) hours annually. Child Care Council offers several options to help you meet this requirement. 
View our Professional Development opportunities → 
    • For more information on training and other childcare licensing requirements, visit the Division of Child Care Services on the NYS OCFS website.

Frequently Asked Questions About Licensed & Registered Care

Application requests are valid for 6 months. Once you submit your application and it has been received by the office, you will have 90 days to complete all remaining requirements such as background checks and inspections of the program site.

The NYS Office of Children and Family Services has regulations that govern the minimum requirements for all modalities of child care. These requirements have been developed in accordance with NYS Social Services Law 390, to protect the health and safety of children. For a complete list of regulations for each modality of child care visit the OCFS website.

In New York State, Group Family Day Care, Small Day Care Centers and Child Day Care Centers are issued a license. Family Day Care and School Aged Child Care Programs are issued registrations. Legally Exempt programs are considered Enrolled.

Child Care - Family Smiling

Legally Exempt Care

Specialized Childcare for Unique Needs

Many families have challenging schedules that require different types of child care. Legally Exempt child care is an excellent option for such families. This program enables parents to hire dependable and trustworthy friends and family members as caregivers for their children. These caregivers are known as Legally Exempt child care providers and are eligible to receive child care assistance program payments for the services they offer in the county they operate.

Why Consider Legally Exempt Care

Families choose legally exempt care for a number of reasons, including:

  • Ability to use a provider who already has an existing bond of love and trust with the family
  • Parents may prefer to have a child care provider who speaks the same language, shares a similar cultural background, and has similar values
  • Legally exempt care provides flexibility for families of children with special health or behavioral needs
  • Some families need the greater flexibility of legally exempt care in order to meet non-traditional work hours

Financial Assistance and Enrollment

Some families qualify for help to pay their family, friends, or neighbors for child care. This is called a subsidy. Caregivers can be paid by the county for caring for children of eligible families.

Legally Exempt child care providers offer informal child care services for children who receive subsidies from the Department of Social Services. These providers must complete an enrollment process that includes background checks and basic safety requirements. Child Care Council manages the enrollment of Legally Exempt providers and provides them with Health and Safety Inspections and technical assistance. If you need information regarding Child Care Assistance, please contact the Monroe County Child Care Assistance Program

Download printable provider enrollment application for Legally Exempt Care here.

Frequently Asked Questions About Legally Exempt Care

Yes, Legally Exempt child care is legal and recognized by New York State. Legally Exempt child care providers are not registered or licensed by the Office of Children and Family Services (OCFS). Providers who care for children receiving a child care subsidy from the Department of Social Services must meet basic health and safety regulations and are enrolled by Child Care Council.

Legally Exempt providers care for children in a residence or home.

The amount paid by the county (in instances where subsidy is present) and/or by the parent(s) depends on a number of factors. For more information, you may contact us or the Monroe County Child Care Assistance Program.