Table of Contents

Types of Regulated Child Care in New York State

Types of Regulated Child Care in New York State Determining what kind of program you want to create is a big decision. New York State child care regulations requires any child care program that serves three or more children for more than three hours a day on a regular basis to obtain a license or registration.

New York State regulations establish minimum requirements for child:caregiver ratios, site requirements, and program components. In Tompkins County, the Child Development Council enrolls and inspects registered Family Day Care and School Age Child Care programs. Group Family Day Care and Child Care Centers in Tompkins and Cortland County are licensed by the NYS Office of Children and Families (OCFS), Syracuse Regional Office. Family Day Care and School-Age Child Care programs in Tompkins County are registered with a Registrar in our Tompkins County office; Cortland County FDC and SACC programs must register with OCFS, Syracuse Regional Office.

Regulations for all types of care can be found on the OCFS site.

Home-based Child Care

Home requirements for Family Day Care (FDC) and Group Family Day Care (GFDC) include:

  • must be conducted in a residence – someone must live there
  • The home must have two exist that are remote, or far from, each other
  • Safe environment: the home and neighborhood must be free from environmental hazards (i.e. open water, lead, radon and other qualities – not next to a gas station)
  • The property must have a yard or nearby outdoor park, playground or school

Licensing and on-going requirements are similar for child care providers in Centers, SACC programs, FDC and GFDC programs. Caregiver qualifications are also established by OCFS and outlined in the regulations.

To obtain and maintain a FDC or GFDC license proprietors must complete a licensing application specific to their address. Sample applications can be found on the OCFS site, but to get an application for your property, you must first attend an orientation. Distinguishing features of each type of care follows. 

Family Day Care (FDC)
  • In an occupied residence
  • Children may range in age from 6 weeks to 12 years
  • 1 adult for 3 to 8 children, the maximum number of children in care is dependent upon the ages of children in care
  • There must be one adult for every 2 children under 2 years old
  • Provider’s own children count in total
Group Family Day Care (GFDC)
  • In an occupied residence
  • Children may range in age from 6 weeks to 12 years
  • 2 adults for 7 to 16 children, the maximum number of children in care is dependent upon the ages of children in care
  • A group provider must have an assistant present when there are more than 8 children present
  • There must be one adult for every 2 children under 2 years old
  • Provider’s own children count in total

Child Care Centers

  • Child care is provided in a facility, not a residence
  • There are specific building, staffing and program requirements
  • Care for 6 or more children on a regular basis for more than 3 hours a day
  • Children are grouped by age and cannot be mixed
  • Day care centers in Tompkins County range from 12 to 170 children.

School-Age Child Care (SACC)

  • Located in facilities that are not residences, in locations such as schools, churches, a child care center or a community center
  • For children under 13 years of age who attend school
  • Care may be provided before and after school, during school holidays and breaks and for remote learners

Head Start

  • Head Start programs are licensed centers serving 3 and 4 year old children, most often programs are part-day
  • Families must income qualify to have children attend
  • Must meet New York State licensing regulations and federal Head Start standards
  • Early Head Start offers home-based services
  • Contact Tompkins Community Action for more information about Head Start programs in Tompkins County

Universal PreK

Nursery Schools

  • Nursery Schools generally serve children ages 2 to 5 years in a variety of facilities
  • They typically operate for 3 hours or less per session
  • These programs are not regulated; however, some have elected to register with New York State Education or are accredited through the National Association for the Education of Young Children
  • To learn more about registering your Nursery School, visit  http://www.p12.nysed.gov/nurseryschool/information/generalfaqs.html.

Camp Programs

  • Recreational programs that operate during the summer months and sometimes school holidays
  • May be regulated by the NYS Department of Health or may be afterschool programs regulated by the NYS Office of Children and Family Services.

Informal Care

  • Informal caregivers provide child care for more than 3 hours per day to no more than two unrelated children
  • Care can be provided in the caregiver’s home or in the child’s home, such as by a nanny or au pair
  • Other examples of unregulated care include nursery schools that operate for less than 3 hours per day

Legally-Exempt (LE) Care

  • LE child care is informal care for children whose child care costs are subsidized through the Department of Social Services
  • LE providers adhere to basic safety and training requirements, background checks and two home visits per year
  • Council LE Specialists help enroll LE providers, conduct health & safety inspections and provide on-going support
  • Review LE regulations
  • Download LE registration forms
  • LE providers can enroll in the Child and Adult Food Program program
Building Access to Child Care Project (BACC) and Early Childhood Business Alliance (ECBA)
Early Childhood Career Development
NYS Child Care Licensing Process
Creating a Business Plan
Business Structure
Risk Management and Insurance
Financial Management and Record Keeping
Taxes
Child and Adult Care Food Program (CACFP)
Marketing
Curriculum Planning
Program and Employment Records and Forms
Working with Families: Communication, Contracts, Handbooks and Help Paying for Child Care
Caregiver Qualifications, Training and Professional Development Requirements
Quality Improvement
Professional Organizations
Frequently Asked Questions – FAQs
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