Types of Child Care Programs
Learn about the distinct requirements for child care options in NY state.
The New York State 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 cared for outside their home by someone other than a relative.
Types of Child Care
Licensed & Registered Programs
Family Day Care Home means a program caring for children for more than three hours per day per child in which child day care is provided in a personal residence for three to six children. A family day care program may provide care to two additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session.
Child Day Care Center means a program or facility which is not a residence in which child day care is provided on a regular basis to more than six children for more than three hours per day per child.
Small Day Care Center means a program or facility which is not a residence in which child day care is provided to three through six children for more than three hours per day per child for compensation or otherwise.
Group Family Day Care Home means a program caring for children for more than three hours per day per child in which child day care is provided in a personal residence for seven to twelve children of all ages. A group family day care program may provide care to four additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session.
School-Age Child Care Program means a program or facility which is not a residence in which child day care is provided to an enrolled group of seven or more children under 13 years of age during the school year before and/or after the period such children are ordinarily in school or during school lunch periods. School-age child care programs also may provide care during school holidays and those periods of the year in which school is not in session, including summer vacation. Such programs must operate consistent with the local school calendar.
For a complete list of regulations for each type of child care, visit the OCFS website.
Legally Exempt Programs
Legally Exempt (Friends, Family, and Neighbor Care) means caring for up to 2 non-related and/or 8 related children at one time in a personal residence. Legally Exempt providers are not required to become licensed or registered with the NYS Office of Children & Family Services, however they must become enrolled through Child Care Council in order to receive child care assistance payments.
Legally Exempt Group Care means a program in a facility, other than a residence, in which child care is provided on a regular basis and is not required to be licensed or registered by OCFS but which meet applicable state or local requirements for such child care programs.
For a complete list of regulations for each child care type, visit the OCFS website.