Office of Children and Family Services

Legislation and Regulations

Emergency Regulations

An emergency regulation is a regulation that has been adopted on an expedited, temporary basis because the Office of Children and Family Services (OCFS) has determined that it is necessary for the preservation of the public health, safety or general welfare, and that it would be contrary to the public interest to delay the adoption to comply with the ordinary process for adopting regulatory proposals. An emergency regulation is effective immediately when it is filed with the Department of State. An initial emergency filing expires in 90 days. Emergency regulations may be re-adopted. A re-adoption is effective for 60 days from date of filing.

Amendment of Sections 413.3 and 413.5 of Title 18 NYCRR - Daycare Safety and Enforcement Regulations

These regulations are necessary to protect the health, safety and welfare of children in licensed and registered child day care programs throughout New York State, and to better protect children from programs that do not have the required license or registration to operate.

Please note: Data, views or arguments regarding the emergency and proposed regulations will be received until September 12, 2016. They may be submitted electronically to the following email address: Or, they may be submitted by mail to the following address: Public Information Office, New York State Office of Children and Family Services, 52 Washington Street, Rensselaer, New York 12144. Please include the following description in the subject line of an email or heading of a letter: 'Child Care Safety Regulations'.

Please note: Two corrections have been made to the original statements and these corrected statements should replace the original statements.