Division of Child Care Services


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  33 Policies below...
  • 96-1  SACC Programs: Care for Pre-kindergarten-aged Children

    The purpose of this statement is to clarify whether it is permissible for a registered school-age child care program, or the school-age child care component of a day care center, to provide care during the summer months to children who are enrolled for kindergarten but who will not begin attending school until September.
  • 96-5  Social Security Numbers and Federal Identification Numbers

    The purpose of this policy statement is to explain the law on collecting social security numbers, federal identification numbers and employer's identification number (EIN), and thus the reason why the department must collect this information. This policy explains when and where applicants and their assistants in Family Day Care (FDC), Group Family Day Care (GFDC), Day Care Centers (DCC), and School-Age Child Care programs (SACC) must provide their social security or federal identification numbers. Procedures for persons without a social security number, or organization without a federal identification number are also explained in this policy statement.
  • 96-8  Responding to Public Inquiries

    The purpose of this policy statement is to distinguish between that information which must be maintained as confidential and that which may be disclosed to the general public, the media, or government agency/agencies. This policy statement relates directly to the Freedom of Information Law (FOIL).
  • 97-4  Defining "Confidential" and "Anonymous" Sources for the Purpose of Child Care Complaints

    The purpose of this policy statement is to clarify when the source of a complaint may be "anonymous" and when that source can elect to remain "confidential". The terms "anonymous" and "confidential" are defined.
  • 97-8  State Central Register (SCR) Database Check Requirements

    The purpose of this policy statement is to clarify which employees of agencies providing services to children in day care programs must undergo a database check completed by the State Central Register of Child abuse and Maltreatment (SCR).
  • 99-3  Documentation of Results of SCR Level 1 Clearances

    The purpose of this policy statement is to affirm that staff of the Division of Child Care Services and, under specific circumstances, staff of Local Departments of Social Services (LDSS) may do their own Level 1 clearance in the CONNECTIONS database. This procedure involves a search of the State Central Register (SCR) database for the name of the individual applicant who has completed a DSS-3370.
  • 00-2  Rooftop Playgrounds

    The purpose of this policy statement is to provide guidelines regarding the development and use of rooftop playgrounds as an option for outdoor activities when day care is located primarily in urban areas in multi-floored buildings with limited or no accessible outdoor playground areas.
  • 00-3  Enrollment of Pre-kindergarten Children in School-age Child Care Programs

    This policy statement outlines the conditions under which pre-kindergarten children are permitted to attend School-age child care programs, and how the program must accommodate these children.
  • 02-01  Appropriate actions to take when a provider fails to renew their license-registration

    This policy statement is intended to clarify what actions are appropriate when a program has not followed regulation in renewing its license /registration in a timely manner. Scenarios are included as illustrations
  • 02-02  Distance Learning

    The purpose of this policy statement is to identify the criteria under which "distance learning" courses will be accepted as counting toward the 30 hours of required training needed by providers every licensing period. "Distance learning" is a term used to describe forms of instruction that do not include face-to-face interaction
  • 02-03  What Constitutes A SACC Program

    The purpose of this policy statement is to assist Division of Child Care Services (BECS) staff to distinguish between those programs that should be considered School-Age Child Care (SACC) programs and those that should not. In particular, the policy statement discusses the distinctions between SACC programs and those programs that are not SACC programs, and thus exempt from registration, because they are programs offering recreation, sports, religious education, classes or lessons.
  • 03-02  50% of Registered Child Care Programs to be Inspected Annually

    This document updates policy to reflect new statute requiring 50% of all registered child care programs in New York State to be inspected annually. This statement also includes: what may count as a "50 percent" inspection; what a complete inspection is; how the number of providers to be inspected is determined; how the 50% inspections are reported to Home office. CCFS system support issues are included in this policy statement as well.
  • 04-03  Substitute Caregivers and Prorating Training Hours

    This policy statement is intended to clarify the role of substitutes in day care programs. It will cover the following significant topics: The definition of a substitute The definition of staff Any differences between substitutes working in family based programs and substitutes employed by day care centers The circumstances in which a substitute may be called in to take the place of a permanent caregiver Training requirements and approved prorating formulas for training hours Medical statements and references Background checks The role of alternates and assistants
  • 05-2  Cease and Desist Policy Decisions

    The purpose of this policy statement is to provide direction to regional office licensors/registrars on issues pertaining to the inspection and identification of child day care programs and the actions needed to bring illegal programs into compliance. While this policy will address issues concerning all modalities of care, the discussion regarding what constitutes a child care program will be limited to what constitutes a day care center, group family day care and family day care. A separate policy (PS 2-03) is provided for what constitutes a school-age program.
  • 05-3  Use of Bulkhead Doors and Sliding Doors as Exits in Family and Group Family Day Care Programs

    The purpose of this policy statement is to clarify whether bulkhead doors (also known by the brand name "Bilco" doors) and sliding doors are acceptable means of egress in family and group family day care homes.
  • 06-01  Guidelines for Approving Basements as Primary Day Care Space and Nonhabitable Space for Limited Use Purposes

    The purpose of this policy statement is to clarify the conditions under which: Basements may be used as the primary program location for family day care and group family day care; and Nonhabitable space may be used for limited use purposes.
  • 06-02  The Status of Inactive

    This policy statement will provide a definition for the Child Care Facility System (CCFS) licensing/registration status referred to as "inactive" and cover issues concerning this CCFS program status.
  • 06-03  Compliance Issues As They Relate to the Americans with Disabilities Act

    This document provides guidance on the interaction of the New York State Office of Children and Family Services (OCFS) child day care regulations and the Americans with Disabilities Act (ADA), with particular regard to the statutory and regulatory provisions that address the administration of medications to children in day care programs.
  • 06-07  Criminal History Reviews and/or State Central Register Database Checks for Individuals Associated With Child Care Programs

    The purpose of this policy statement is to clarify which persons associated with day care programs are required to undergo a criminal history review and/or a database check through the State Central Register of Child Abuse and Maltreatment (SCR).
  • 07-01  Egress Issues in Family and Group Family Day Care Programs (Replaces: 05-1)

    The purpose of this policy statement is to: Identify and define pertinent terms related to egress; Clarify when fire escapes may be approved as one means of egress from a family or group family day care home that is located above the first floor in a multiple unit residential dwelling; Summarize guidelines for evaluating means of egress from family and group family settings; and Clarify exemption criteria.
  • 07-02  Clearances and File Maintenance for Staff Not Employed by but Working in Day Care Centers. (Preschool Special Education and Early Intervention staff)

    In an effort to support the Federal and State goal to promote both inclusive child care and encourage collaboration between agencies serving children, OCFS is announcing through this policy an approved method by which a day care center may staff their classrooms with collaborative employees without duplicating clearance efforts.
  • 07-03  The Authority to Interview Children in Day Care Programs

    The purpose of this policy is to clarify the circumstances when a licensor/registrar or any Division of Child Care Service's staff person may interview a child who attends a day care program concerning issues under investigation by the New York State Office of Children and Family Services (OCFS).
  • 08-1  Homes Garages used as Egress Paths

    The purpose of this policy statement is to clarify if and under what circumstances garages may be used as paths for egress from family and group family day care programs.
  • 07-04  Examination of a "Plan of Study"

    The purpose of this policy is to clarify when a plan of study, as defined in Title 18 of the New York State Code of Rules and Regulations (NYCRR) § 413.2(aj), is acceptable to the Office of Children and Family Services (OCFS) as meeting the intent of the regulation and the needs of a child care program.
  • 08-2  Training Policy

    The New York State Quality Child Care and Protection Act of 2000 resulted in a number of key changes aimed at strengthening parental confidence in the safety and quality of child care programs and bolstering the professionalism of child care providers and their staff.
  • 08-3  Evaluating Qualifications for Day Care Center Directors

    The purpose of this policy statement is to clarify how to evaluate a candidate’s qualifications to fill the positions of day care center (DCC) director, School Age Child Care Program (SACC) director or provider in a family or group family child care program.
  • 08-4  Community Based Organizations Operating Programs in School Buildings

    The purpose of this policy statement is to clarify when, or if, a community based organization (CBO), located in a public or private school, is required by New York State Social Services Law and New York State day care regulation to be licensed or registered with the Office of Children and Family Services (OCFS) as a day care program.
  • 09-1  Day Care Referral Processes and Program Removal from the Referral List

    The purpose of this policy statement is to highlight how referral information concerning child care providers will be shared with parents. In addition, this policy provides information on the circumstances under which a provider is removed from and reinstated to the referral list, and if he/she is eligible for subsidy payments.
  • 09-2  Recognition of Legal Same-Sex Marriages

    The purpose of this Policy Statement is to advise child care providers of the implications of the February 1, 2008 decision of the New York State Supreme Court, Appellate Division, Fourth Department, Martinez v. County of Monroe, 50 A.D.3d 189 (4th Dep’t 2008). The Court held that same-sex marriages legally performed in other jurisdictions are “entitled to recognition in New York in the absence of express legislation to the contrary” (Martinez, 50 A.D.3d at 193).
  • 10-1  Combustible Materials and Wall Coverage

    The purpose of this policy statement is to establish a uniform standard regarding the type of materials that can be used for decorative purposes, as well as the amount of wall space that can be covered by combustible materials in Day Care Centers, Small Day Care Centers or School Age Child Care programs located in places other than public school buildings.
  • 15-1  Supervision Issues as they Relate to Home-Based Programs

    This policy statement addresses frequently asked questions regarding standards of supervision required of caregivers for child day care children in home-based child day care programs. The policy statement begins with the guidelines for supervision cited in the family and group family day care regulations and then applies those regulations to common situations experienced in most home-based programs.
  • 15-2  Home Schooling and Family Day Care Registration or Group Family Day Care Licensure

    This policy statement is issued to clarify the issuance of a family day care registration or group family day care license by the Office of Children and Family Services (the Office) to individuals who are also providing home instruction for their own children in accordance with the requirements of the State Education Department.
  • 15-3  Multiple Programs in a Single Dwelling Unit: Clarification of Requirements

    This updated policy statement will address policy issues concerning multiple family and group family day care programs operating in a single residence that are still in operation under 18 NYCRR 416.15(a)(20)(ii) and 417.15(a)(20)(ii). In 2003, regulations were promulgated that prohibited more than one program from operating in a single residence. Despite the prohibition, double group programs already licensed/registered before March 1, 2002 were permitted to remain in operation due to a grandfathering clause found in 18 NYCRR 416.15(a)(20)(i) and in 417.15(a)(20)(i). This policy statement will clarify regulatory requirements for such programs.

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