New York Child Care Licensing: Rules

The New York State Office of Children and Family Services (OCFS) regulates child care in New York, but not every program gets a daycare license. Under Social Services Law (SSL) 390(2), child day care centers caring for 7 or more children and group family day care homes "shall obtain a license," while family day care homes, centers caring for 3 to 6 children and school-age child care programs "shall register." New York City adds a second split: centers there need a permit from the city Department of Health and Mental Hygiene (DOHMH) under Health Code Article 47, while city homes and school-age programs follow OCFS rules and are licensed and registered by DOHMH under a contract with OCFS (OCFS training page).

New York Child Care License Types

Sizes are from SSL 390(1), rule book parts from OCFS's regulations page (18 NYCRR, Title 18 of the New York Codes, Rules and Regulations), and the New York City row from Article 47 (47.01 and 47.03).

OCFS licenses and registrations last up to four years while you stay "substantially in compliance" (SSL 390(2)). Ask your OCFS regional office whether your state application carries a fee. In New York City, the group child care permit application is $200 and the permit lasts two years. Infant services and preschools need separate permits, and you apply online after a pre-permit orientation at your borough office (NYC group child care permit).

For any OCFS program, the first step toward a daycare license in NY is OCFS's online Child Day Care Orientation, about 1.5 hours long. OCFS says "Progress must be tracked to request an application." You then apply through FAMS, OCFS's online system, which also runs the criminal background check process. Your OCFS regional office can also provide application materials. For the business side, see the opening a daycare checklist.

Background checks cover staff, volunteers and adult household members in homes. An OCFS background check approval "is valid for up to five (5) years unless there is a break in service" of more than 180 days (OCFS background checks). New York City centers use the city's own process.

Who Needs a Child Care License in New York

OCFS puts the line at three children: "any child day care program planning to serve three or more children, for more than three hours a day on a regular basis, must obtain a license or registration" (OCFS providers page). A provider below that line may still register (SSL 390(2)(c)).

Care by "the parent, step-parent, guardian, or relative within the third degree of consanguinity" of the child's parents is not child day care (SSL 390(1)(a)). If you are a child's parent, guardian or a relative within the third degree of the child's parents and you also care for other children, only the other children count toward the threshold, as long as you care for no more than 8 in total (SSL 390(2)(e)). Once you run a licensed or registered home, the count changes: "all children present must be counted in determining maximum capacity even if they are relatives or are present three hours per day or less," except children in your legal custody who are enrolled in kindergarten or higher (18 NYCRR 413.2(b)).

SSL 390(1)(a)(ii) also leaves out day camps, after-school programs for religious education, sports or recreation, certain day services and day treatment programs under state operating certificates, and kindergarten, pre-kindergarten, nursery school for children three or older, or after-school programs that a school runs on its own premises.

To be paid through the state's child care subsidy, the Child Care Assistance Program, without a license or registration, you enroll as a legally exempt provider (SSL 390(1)(g)). OCFS says such a provider "is required to enroll as an informal child care provider or a group child care provider, and must be at least 18 years old" (OCFS legally exempt care).

In New York City, SSL 390 "shall not apply to child day care centers," except for subdivision 15 (SSL 390(13)), and Article 47 in turn excludes family homes, group family homes and school-age programs (47.01).

OCFS may fine anyone who provides child day care without a required license or registration up to $500 per day, after a hearing (SSL 390(11), 18 NYCRR 413.3(e)). If a provider ordered to stop keeps operating, OCFS may also seek an injunction.

New York Ratios and Training

Outside New York City, centers follow 18 NYCRR 418-1.8 (rule version effective July 29, 2026).

New York City centers use the Article 47 table instead (Health Code 47.23(f)). Only teaching staff count. A program that staffs infants at 1 to 4 must show in its written safety plan that it has enough staff for 1 to 3 in an emergency evacuation.

Family and group family day care homes must have "one caregiver for every two children under two years of age" (SSL 390(1)(d) and (e)). A group family home needs an assistant present for 7 or more children when none are school-age, or 9 or more when at least 2 are.

• OCFS-regulated programs: "thirty hours of training every two years," 15 of them within the first six months of your initial license, registration or employment (SSL 390-a(3)).
• Centers outside New York City: each staff person and volunteer needs 30 hours every two years, at least 5 of them each year (18 NYCRR 418-1.14).
• Family and group family homes: 15 hours of pre-licensing health and safety training, at least one person on site with cardiopulmonary resuscitation (CPR) and first aid training, and medication administration training only if you give medication (OCFS training requirements).
• New York City centers: teaching staff need 15 hours every 24 months, 5 in each 12 months, and all staff need 2 hours of child abuse training every 24 months and pediatric CPR and first aid every two years (Health Code 47.37).

New York Child Care Rules Changing

From June 5, 2027, initial and renewed OCFS licenses and registrations will be valid for up to six years instead of four. The New York State Senate's text of SSL 390(2) marks the six-year wording "Effective June 5, 2027."

An infant walker ban under SSL 390-o has been in effect since March 12, 2026, and OCFS adopted matching rules, announced in an August 13, 2026 Dear Provider letter (OCFS provider letters).

New York Child Care Licensing FAQ