reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 414 - School-age Child Care › Section 414.13 - Staff qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Staff members must be qualified by training and experience to carry out their
			 respective functions in the administration, operation and maintenance of the
			 school-age child care program.
(1) Staff and
			 volunteers must be mature, of good character and possess suitable personal
			 qualifications.
(2) Staff and
			 volunteers must be in good physical and mental health, and have the energy and
			 emotional stability necessary to fulfill the responsibilities of their
			 positions.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 414 - School-age Child Care › Section 414.14 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before the
			 office issues an application for a school age child care program registration,
			 to a person or entity yet to hold a day care license or registration, the
			 applicant must complete an office approved pre-application orientation
			 session.
(b) Each applicant for, or
			 individual in the position of director, teacher, or volunteer must complete
			 office-approved training that complies with Federal minimum health and safety
			 preservice or three-month orientation period requirements. This training must
			 be obtained preservice or within three months of starting such position.
(1) Any teacher, director, or volunteer who
			 has not completed this training must not be left unsupervised with children in
			 care until such time as the training has been completed.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 414 - School-age Child Care › Section 414.15 - Management and administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General registration requirements.
(1)
(i)
			 Each school-age child care program must obtain a registration from the office.
			 No person or entity may operate a school-age child care program without a
			 registration from the office.
(ii)
			 Each school age child care program must operate in compliance with the
			 regulations of the office and all other applicable laws and
			 regulations.
(iii) Each school age
			 child care program must operate in compliance with all emergency health
			 guidance promulgated by the Department of Health in the interest of public
			 health during a designated public health emergency. Provided that, during a
			 designated public health emergency, any relevant emergency directives from the
			 executive chamber or from the Department of Health shall supersede regulations
			 of the Office in the case of any conflict.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.0 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Applicability. This Part governs the authorization and
			   payment of publicly funded child care services for children pursuant to the
			   portion of the Block Grant for Child Care allocated to social services
			   districts to provide child care assistance to families receiving family
			   assistance and to other low-income families, as defined in Social Services Law
			   Section 410-u, and Title XX of the Federal Social Security Act to the extent of
			   appropriations made available therefor.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.5 - Methods of making payment for child care services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each social services district may provide
			 child care services directly or may pay for such services in accordance with
			 the provisions of this section applicable to the particular child care services
			 program.
(1) For child care services provided
			 under the New York State Child Care Block Grant Program, payment may be made by
			 one or more of the following methods:
(i) by
			 advance cash payments, cash reimbursements or vouchers to the child's
			 caretaker, or by direct deposit or debit card, and administered electronically,
			 and in accordance with such guidelines as may be set forth by the office, for
			 care provided by an eligible provider and supported by a bill signed by both
			 the child's caretaker and the provider; or
(ii) by a purchase of services contract or
			 letter of intent in accordance with section
			 405.3  of
			 this Title, or by advance cash payments, cash reimbursements or vouchers to an
			 eligible provider.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.6 - State reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
			 change in the rate of payment based on a change in the age of a child is
			 effective in the first full month following the date in which the child becomes
			 11/2 years of age or the date of the child's birthday, whichever is
			 applicable.
(b) Reimbursement for
			 payment on behalf of children who are absent from child care is subject to the
			 following conditions:
(1) The provider
			 rendering the child care services must be duly licensed, registered, or
			 enrolled to provide child care services.
(2) Reimbursement for absences from child
			 care must be paid up to 24 days per year.
(3) Reimbursement for absences from child
			 care may be paid up to 80 days per year. The social services district must
			 specify in its Child and Family Services Plan whether it opts to make absence
			 payments above 24 days and, if applicable, the total maximum number of absences
			 and for which providers such payments will be made.
(4) The social services district must also
			 specify in its contract or written agreement with, or through written notice
			 to, all providers the maximum number of absences for which payment is
			 allowable.
(5) Reimbursement is not
			 available for a day a child is absent from care if the provider ordinarily
			 charges the caretaker on a daily or part-time basis and the child for whom
			 reimbursement is requested is otherwise in need of and receives subsidized
			 child care from a different provider on the same day.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.7 - Additional requirements for the New York State Child Care Block Grant Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
			 child care services provided under the New York State Child Care Block Grant
			 Program. State reimbursement to a social services district will be available,
			 up to the social services district's annual block grant allocation for 75
			 percent of allowable costs for child care services provided to families in
			 receipt of public assistance and for 100 percent of allowable costs for child
			 care services provided to all other eligible families. Allowable program costs
			 include the following costs of providing child care services:
(1) eligibility determinations and
			 re-determinations;
(2)
			 participation in adjudicatory and judicial hearings;
(3) child care placements including
			 transportation to such placements;
(4) inspection, review and supervision of
			 child care providers, including monitoring compliance with any additional local
			 child care requirements imposed pursuant to section
			 415.4 
			 of this Part;
(5) training of
			 social services district staff; and
(6) the establishment of computerized child
			 care information systems.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.8 - Special provisions relating to public assistance recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A social
			 services district must guarantee child care services to a family who has
			 applied for or is in receipt of public assistance when such services are needed
			 for a child under 13 years of age in order to enable the child's custodial
			 parent or caretaker relative to participate in activities required by a social
			 services official pursuant to title 9-B of article 5 of the Social Services
			 Law.
(b) A social services district
			 may not reduce or terminate public assistance to an individual or an individual
			 and the family of such individual based on a refusal of the individual to
			 comply with applicable work requirements if the individual is a custodial
			 parent or caretaker relative of a child under 13 years of age and the
			 individual has a demonstrated inability, as determined by the social services
			 district, to obtain child care needed to comply with such work requirements due
			 to the following reasons:
(1) unavailability
			 of appropriate and accessible child care within a reasonable distance from the
			 individual's home or work site;
(2)
			 unavailability or unsuitability of informal child care by a relative or under
			 other arrangements; and
(3)
			 unavailability of appropriate and affordable formal child care
			 arrangements.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.10 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A social services
					 district may request a waiver of any non-statutory provision of this Part. The
					 waiver must be described in the social services district's consolidated
					 services plan or integrated county plan and must be approved by the Office
					 prior to implementation.
(b) A
					 social services district must submit a waiver request to the Office in writing.
					 The written request must include:
(1) the
					 specific regulation for which a waiver is sought;
(2) the reason the waiver is necessary;
					 and
(3) a description of what will
					 be done to achieve or maintain the intended purpose of the
					 regulation.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.11 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 amendments to Part 415 are effective immediately; provided, however, that a
			 social services district has the option, with regard to existing child care
			 services recipients only, to implement the provisions in section
			 415.1(g) 
			 of this Part regarding the definition of child care services unit and/or
			 section
			 415.5(c) 
			 of this Part regarding the pursuit of child support as follows:
(1) immediately; or
(2) at the next case action or at
			 recertification, whichever occurs first.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.12 - Eligible providers responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An eligible provider that provides child
			 care services to families receiving child care subsidies must comply with the
			 following requirements:
(1) An eligible
			 provider must operate their child care program in compliance the applicable
			 office regulations. Failure to operate in compliance with the office
			 regulations may result in the office taking enforcement action pursuant to
			 section
			 413.3 
			 of this Title.
(i) An eligible provider must
			 operate in compliance with all emergency health guidance promulgated by the
			 Department of Health in the interest of public health during a designated
			 public health emergency. Provided that, during a designated public health
			 emergency, any relevant emergency directives from the executive chamber or from
			 the Department of Health shall supersede regulations of the Office in the case
			 of any conflict.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.13 - Requirements for legally-exempt child care enrollment applicants and providers to be enrolled, maintain enrollment, and be reenrolled to provide child care services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Attestation, certification, and the
					 exchange of true and accurate information requirements for legally-exempt child
					 care enrollment applicants and providers.
(1) The child's caretaker and the enrollment
					 applicant must attest and certify in writing that, to the best of their
					 knowledge, the enrollment applicant meets and will continue to meet all health
					 and safety requirements set forth in this section, and all statements made on
					 the enrollment form and its attachments thereto are accurate and complete.
(i) Any false information, certified and
					 attested to by the child's caretaker or the enrollment applicant on the
					 enrollment form or any attachment thereto, may result in: denial or termination
					 of the enrollment, the social services district terminating child care subsidy
					 payments, and/or legal action against the enrollment applicant, provider or
					 caretaker.
(ii) The enrollment
					 applicant or provider must immediately report to the enrollment agency any
					 change to the information in the enrollment package that affects, or which
					 reasonably might be expected to affect, compliance with applicable
					 regulations.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.14 - Enrollment agency responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Procedural and information
			 collection requirements for enrollment agencies.
(1) Each enrollment agency must follow
			 procedures established by the office for enrolling legally-exempt child care
			 providers, which provide child care services under the New York State Child
			 Care Block Grant Program. The enrollment agency must:
(i) collect only such information about the
			 provider as determined by the office;
(ii) assist social services districts to
			 facilitate appropriate and prompt payments;
(iii) permit the provider to apply for
			 enrollment with the enrollment agency after selection by a recipient of child
			 care assistance; and
(iv) maintain
			 the confidentiality of information related to a family receiving child care
			 assistance and of the personal history of a provider and a provider's employee,
			 volunteer, or household member. Such information cannot be disclosed without
			 the written permission of such person to any person or organization other than
			 the office, a social services district, the designees of the office or social
			 services district, or other persons authorized by law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.15 - Criminal history review and background clearances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The requirements of this section shall
			 not apply to any relative-only in-home child care provider or relative-only
			 family child care provider.
(b)
In-home child care.
(1) The
			 following criminal history review and background clearances shall be conducted
			 pursuant to and consistent with the Child Care and Development Block Grant Act
			 for any prospective in-home child care provider, employee or volunteer:
(i) a criminal history record check with the
			 New York State Division of Criminal Justice Services;
(ii) a national criminal record check with
			 the Federal Bureau of Investigation;
(iii) a search of the New York State Sex
			 Offender Registry;
(iv) a database
			 check of the Statewide Central Register of Child Abuse and Maltreatment in
			 accordance with section 424-a  of the Social Services
			 Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.16 - Child abuse and maltreatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
			 abuse or maltreatment of a child is prohibited. An
abused
			 child
or
maltreated child
means a child defined as an
			 abused child or maltreated child pursuant to section 412  of the Social Services Law.
(b) With regard to any person required to
			 submit to a check of the Statewide Central Register of Child Abuse and
			 Maltreatment pursuant to section 415.15  of this Part:
(1) The office or its designee must inquire
			 of the Statewide Central Register of Child Abuse and Maltreatment whether such
			 person is the subject of an indicated report of child abuse or maltreatment on
			 file with the Statewide Central Register of Child Abuse and
			 Maltreatment.
(2) The office or its
			 designee must check the register of substantiated category one cases of abuse
			 or neglect maintained by the Justice Center for the Protection of Persons with
			 Special Needs.
(3) No provider,
			 director, employee or volunteer shall have unsupervised contact with children
			 who receive subsidized care prior to obtaining the result of the inquiries
			 required by this section.
(i) Any informal
			 child care provider, director of a legally-exempt group child care program,
			 employee, or volunteer must report or cause such a report to be made to the
			 Statewide Central Register of Child Abuse and Maltreatment when there is
			 reasonable cause to suspect that a child has been abused or maltreated. In the
			 case that a child is in immediate danger, any informal child care provider,
			 director of a legally-exempt group child care program, or employee must call
			 911 or the local emergency number.
(ii) The legally-exempt child care provider
			 is responsible for implementing procedures which ensure the safety and
			 protection of any child named in a report of child abuse or
			 maltreatment.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 416 - Group Family Day Care Homes › Section 416.1 - Definitions, enforcement and hearings

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Part 413 of this Title apply to this
			   Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 416 - Group Family Day Care Homes › Section 416.3 - Building and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 applicant must submit to the office at the time of application for licensure a
			 diagram of the proposed group family day care home showing: all rooms in the
			 home, including the rooms which will be used for day care and the purposes for
			 which such rooms will be used; the number and location of exits and alternate
			 means of egress; and the outdoor play areas available to the children in care.
			 An updated diagram must be submitted to the office immediately upon making any
			 change that impacts the child care program.
(1) Child care can only be provided in the
			 areas of the group family day care home that have been included in the diagram
			 and approved as child care space.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 416 - Group Family Day Care Homes › Section 416.4 - Fire protection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Suitable precautions must be taken to eliminate all conditions which may
			 contribute to or create a fire hazard.
(b)
Evacuation drills.
(1) Evacuation drills must be conducted at
			 least monthly during the hours of operation of the group family day care
			 home.
(2) When conducting
			 evacuation drills, the exit route must be varied to ensure that all approved
			 means of egress are practiced. If one of the exit routes leads to a window or
			 fire escape, the drill must include taking the children to the window or fire
			 escape and explaining what would be expected of them should an actual fire
			 occur that requires they use this exit route. Exiting through the window or on
			 to the fire escape during a drill is not required.
(3) When multiple shifts of care are
			 provided, such drills must be conducted monthly during each shift of
			 care.
(4) The licensee must
			 maintain on file a record of each evacuation drill conducted, using forms
			 provided by the office or approved equivalents.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 416 - Group Family Day Care Homes › Section 416.5 - Safety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Suitable
			 precautions must be taken to eliminate all conditions in areas accessible to
			 children which pose a safety or health hazard.
(1) The program must take suitable
			 precautions to prevent the following:
(i)
			 serious injury of a child while in care at the program or being transported by
			 the program; and
(ii) death of a
			 child while in care at the program or being transported by the
			 program.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 416 - Group Family Day Care Homes › Section 416.8 - Supervision of children

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Children cannot be left without competent supervision at any time. Competent
			 supervision includes awareness of and responsibility for the ongoing activity
			 of each child. It requires that all children be within a caregiver's range of
			 vision except as provided in subdivision (b) of this section and that the
			 caregiver be near enough to respond when redirection or intervention strategies
			 are needed. Competent supervision must take into account the child's age,
			 emotional, physical and cognitive development.
(b) Children may be outside a caregiver's
			 range of vision only as follows:
(1) With the
			 prior written permission of the parent, children who are napping or sleeping
			 may do so in a room where an awake approved caregiver is not present, the doors
			 to all rooms must be open; the approved caregiver must remain on the same floor
			 as the children; and a functioning electronic monitor must be used in any room
			 where children are sleeping or napping and an awake approved caregiver is not
			 present.
(2) When a functioning
			 electronic monitor is in use, napping and sleeping children must be physically
			 checked every 15 minutes to assess the overall safety and well-being of the
			 children and to make sure infants' faces are uncovered. The checks must be done
			 in close physical proximity to the child.
(3) For evening and night care, the caregiver
			 may sleep while the children are sleeping only if functional electronic
			 monitors are in use in each room where children are sleeping. The licensee must
			 obtain the written permission to do so from a parent of each child receiving
			 evening or night care in the group family day care home. In the event written
			 permission is not obtained from all parents, the caregiver must remain awake at
			 all times and physically check sleeping children every 15 minutes to assess the
			 overall safety and well-being of the children and to make sure infants' faces
			 are uncovered. The checks must be done in close physical proximity to the
			 child.
(4) Children who are able to
			 toilet independently, including fastening and unfastening clothing, wiping
			 themselves, flushing the toilet, and washing their hands, may use a bathroom on
			 another floor for a short period of time without direct adult
			 supervision.
(5) With the written
			 permission of the parents, a program may allow school-aged children to
			 participate in activities outside of the direct supervision of a caregiver.
			 Such activities must occur on the premises of the group family day care home. A
			 caregiver must visually check such children every 15 minutes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 416 - Group Family Day Care Homes › Section 416.10 - Child abuse and maltreatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
			 abuse or maltreatment of a child receiving child care or residing in the home,
			 including the provider's children and any foster children, is prohibited. A
			 group family day care home must prohibit and may not tolerate or in any manner
			 condone an act of abuse or maltreatment by an employee, volunteer or any other
			 person. An
abused child
or
maltreated child
means a child defined as an abused child or maltreated child pursuant to
			 section 412  of the Social Services Law.
(b) In accordance with the provisions of
			 sections 413 and 415  of the Social Services Law, caregivers must immediately
			 report any suspected incidents of child abuse or maltreatment concerning a
			 child receiving child care to the Statewide Central Register of Child Abuse and
			 Maltreatment or cause such a report to be made when the caregiver has
			 reasonable cause to suspect that a child coming before them in their capacity
			 as caregiver in a group family day care is an abused or maltreated child. Such
			 report must be followed by a written report within 48 hours, in the form and
			 manner prescribed by the office, to the child protective service of the social
			 services district in the county in which the child resides.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 416 - Group Family Day Care Homes › Section 416.13 - Caregiver qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 The provider, assistant(s), and substitutes must each meet the following
			 qualifications:
(1) be at least 18 years
			 old;
(2) have a minimum of either
			 two years of experience caring for children under six years of age, or one year
			 of experience caring for children under six years of age plus six hours of
			 training or education in early childhood development. The phrase
experience caring for children
can mean child-rearing as well
			 as paid and unpaid experience caring for children. The term
training
can mean educational workshops and courses in caring
			 for preschool-age children;
(3) be
			 capable of providing, and agree to provide, safe and suitable care to children
			 which is supportive of the children's physical, intellectual, emotional and
			 social well-being;
(4) provide to
			 the office the names, addresses and daytime telephone numbers of at least two
			 acceptable references, other than relatives. At least one of the references
			 must be able to attest to the employment history, work record and
			 qualifications, if the person had ever been employed outside the home. At least
			 one of the references must be able to attest to the character, habits and
			 personal qualifications to be a group family day care provider, assistant, or
			 substitute; and
(5) submit a
			 satisfactory medical statement, as required in section
			 416.11(b) 
			 of this Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 416 - Group Family Day Care Homes › Section 416.14 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before the
			 office issues an application for a group family day care license to a person or
			 entity who has yet to hold an office of Children and Family Services day care
			 license, that applicant must complete an office-approved pre-application
			 orientation session.
(b) Before the
			 office issues an initial license, the applicant must complete a health and
			 safety training course approved by the office relating to the protection of the
			 health and safety of children and must demonstrate basic competency with regard
			 to health and safety standards. Such training must comply with the Federal
			 minimum health and safety preservice training requirements. Health and safety
			 training received prior to issuance of the license, may be applied to the
			 initial 15 hours of training required pursuant to paragraph (c)(1) of this
			 section provided that such training was received within 12 months of licensure.
			 If an applicant does not become licensed or registered within two years of
			 successfully completing the health and safety training, the coursework must be
			 repeated.
(1) Each applicant must complete
			 the office-approved training that complies with the Federal minimum health and
			 safety preservice training requirements or three-month orientation period
			 training requirements. This training must be obtained preservice or within
			 three months of starting such position. Individuals who have completed the
			 office-approved training that complies with Federal health and safety
			 requirements may be left unsupervised with children. Any employee or volunteer
			 who does not complete this training must not be left unsupervised with children
			 in care until such times as the training has been completed.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 416 - Group Family Day Care Homes › Section 416.15 - Management and administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General licensing requirements.
(1) Obtain a license and operate in
			 compliance with applicable laws and regulations.
(i) Each group family day care home must
			 obtain a license from the office. No person or entity may operate a group
			 family day care home without a license from the office.
(ii) Each group family day care home must
			 operate in compliance with the regulations of the office and all other
			 applicable laws and regulations.
(iii) Each group family day care home must
			 operate in compliance with all emergency health guidance promulgated by the
			 Department of Health in the interest of public health during a designated
			 public health emergency. Provided that, during a designated public health
			 emergency, any relevant emergency directives from the executive chamber or from
			 the Department of Health shall supersede regulations of the Office in the case
			 of any conflict.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 417 - Family Day Care Homes › Section 417.1 - Definitions, enforcement and hearings

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Part 413 of this Title apply to this
			   Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 417 - Family Day Care Homes › Section 417.3 - Building and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 applicant must submit to the office at the time of application for
			 registration, a diagram of the proposed family day care home showing: all rooms
			 in the home, including the rooms which will be used for day care and the
			 purposes for which such rooms will be used; the number and location of exits
			 and alternate means of egress; and the outdoor play areas available to the
			 children in care. An updated diagram must be submitted to the office
			 immediately upon making any change that impacts the child care program.
(1) Child care can only be provided in the
			 areas of the family day care home that have been included in the diagram and
			 approved as child care space.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 417 - Family Day Care Homes › Section 417.4 - Fire protection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Suitable precautions must be taken to eliminate all conditions which may
			 contribute to or create a fire hazard.
(b)
Evacuation drills.
(1) Evacuation drills must be conducted at
			 least monthly during the hours of operation of the family day care
			 home.
(2) When conducting
			 evacuation drills, the exit route must be varied to ensure that all approved
			 means of egress are practiced. If one of the exit routes leads to a window or
			 fire escape, the drill must include taking the children to the window or fire
			 escape and explaining what would be expected of them should an actual fire
			 occur that requires they use this exit route. Exiting through the window or on
			 to the fire escape during a drill is not required.
(3) When multiple shifts of care are
			 provided, such drills must be conducted monthly during each shift of
			 care.
(4) The registrant must
			 maintain on file a record of each evacuation drill conducted, using forms
			 provided by the office or approved equivalents.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 417 - Family Day Care Homes › Section 417.5 - Safety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Suitable
			 precautions must be taken to eliminate all conditions in areas accessible to
			 children which pose a safety or health hazard.
(1) The program must take suitable
			 precautions to prevent the following:
(i)
			 serious injury of a child while in care at the program or being transported by
			 the program; and
(ii) death of a
			 child while in care at the program or being transported by the
			 program.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 417 - Family Day Care Homes › Section 417.8 - Supervision of children

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Children cannot be left without competent supervision at any time. Competent
			 supervision includes awareness of and responsibility for the ongoing activity
			 of each child. It requires that all children be within a caregiver's range of
			 vision except as provided in subdivision (b) of this section and that the
			 caregiver be near enough to respond when redirection or intervention strategies
			 are needed. Competent supervision must take into account the child's age,
			 emotional, physical and cognitive development.
(b) Children may be outside a caregiver's
			 range of vision only as follows:
(1) With the
			 prior written permission of the parent, children who are napping or sleeping
			 may do so in a room where an awake approved caregiver is not present, the doors
			 to all rooms must be open; the approved caregiver must remain on the same floor
			 as the children; and a functioning electronic monitor must be used in any room
			 where children are sleeping or napping and an awake approved caregiver is not
			 present.
(2) When a functioning
			 electronic monitor is in use, napping and sleeping children must be physically
			 checked every 15 minutes to assess the overall safety and well-being of the
			 children and to make sure infants' faces are uncovered. The checks must be done
			 in close physical proximity to the child.
(3) For evening and night care, the caregiver
			 may sleep while the children are sleeping only if functional electronic
			 monitors are in use in each room where children are sleeping. The registrant
			 must obtain the written permission to do so from a parent of each child
			 receiving evening or night care in the family day care home. In the event
			 written permission is not obtained from all parents, the caregiver must remain
			 awake at all times and physically check sleeping children every 15 minutes to
			 assess the overall safety and well-being of the children and to make sure
			 infants' faces are uncovered. The checks must be done in close physical
			 proximity to the child.
(4)
			 Children who are able to toilet independently, including fastening and
			 unfastening clothing, wiping themselves, flushing the toilet, and washing their
			 hands, may use a bathroom on another floor for a short period of time without
			 direct adult supervision.
(5) With
			 the written permission of the parents, a program may allow school-aged children
			 to participate in activities outside of the direct supervision of a caregiver.
			 Such activities must occur on the premises of the family day care home. A
			 caregiver must visually check such children every 15 minutes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 417 - Family Day Care Homes › Section 417.10 - Child abuse and maltreatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
			 abuse or maltreatment of a child receiving child care or residing in the home,
			 including the provider's children and any foster children, is prohibited. A
			 family day care home must prohibit and may not tolerate or in any manner
			 condone an act of abuse or maltreatment by an employee, volunteer or any other
			 person. An abused child or maltreated child means a child defined as an abused
			 child or maltreated child pursuant to section 412  of the Social Services Law.
(b) In accordance with the provisions of
			 sections 413 and 415  of the Social Services Law, caregivers must immediately
			 report any suspected incidents of child abuse or maltreatment concerning a
			 child receiving child care to the Statewide Central Register of Child Abuse and
			 Maltreatment or cause such a report to be made when the caregiver has
			 reasonable cause to suspect that a child coming before them in their capacity
			 as caregiver in a family day care is an abused or maltreated child. Such report
			 must be followed by a written report within 48 hours, in the form and manner
			 prescribed by the office, to the child protective service of the social
			 services district in the county in which the child resides.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 417 - Family Day Care Homes › Section 417.13 - Caregiver qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 The provider, assistant(s), and substitutes must each meet the following
			 qualifications:
(1) be at least 18 years
			 old;
(2) have a minimum of either
			 two years of experience caring for children under six years of age, or one year
			 of experience caring for children under six years of age plus six hours of
			 training or education in early childhood development. The phrase
experience caring for children
can mean child-rearing as well
			 as paid and unpaid experience caring for children. The term
training
can mean educational workshops and courses in caring
			 for preschool-age children;
(3) be
			 capable of providing, and agree to provide, safe and suitable care to children
			 which is supportive of the children's physical, intellectual, emotional and
			 social well-being;
(4) provide to
			 the office the names, addresses and daytime telephone numbers of at least two
			 acceptable references, other than relatives. At least one of the references
			 must be able to attest to the employment history, work record and
			 qualifications, if the person had ever been employed outside the home. At least
			 one of the references must be able to attest to the character, habits and
			 personal qualifications to be a family day care provider, assistant, or
			 substitute; and
(5) submit a
			 satisfactory medical statement, as required in section
			 417.11(b) 
			 of this Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 417 - Family Day Care Homes › Section 417.14 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before the
			 office issues an application for a family day care registration to a person or
			 entity who has yet to hold an Office of Children and Family Services day care
			 registration, that applicant must complete an office-approved pre-application
			 orientation session.
(b) Before the
			 office issues an initial registration, the applicant must complete a health and
			 safety training course approved by the office relating to the protection of the
			 health and safety of children and must demonstrate basic competency with regard
			 to health and safety standards. Such training must comply with the Federal
			 minimum health and safety preservice training requirements. Health and safety
			 training received prior to issuance of the registration, may be applied to the
			 initial 15 hours of training required pursuant to section paragraph (c)(1) of
			 this section provided that such training was received within 12 months of
			 registration. If an applicant does not become licensed or registered within two
			 years of successfully completing the health and safety training, the coursework
			 must be repeated.
(1) Each applicant must
			 complete the office-approved training that complies with the Federal minimum
			 health and safety preservice training requirements or three-month orientation
			 period training requirements. This training must be obtained preservice or
			 within three months of starting such position. Individuals who have completed
			 the office-approved training that complies with Federal health and safety
			 requirements may be left unsupervised with children. Any employee or volunteer
			 who does not complete this training must not be left unsupervised with children
			 in care until such time as the training has been completed.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 417 - Family Day Care Homes › Section 417.15 - Management and administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General registration requirements.
(1) Obtain a registration and operate in
			 compliance with applicable laws and regulations.
(i) Each family day care home must obtain a
			 registration from the office. No person or entity may operate a family day care
			 home without a registration from the office.
(ii) Each family day care home must operate
			 in compliance with the regulations of the office and all other applicable laws
			 and regulations.
(iii) Each family
			 day care home must operate in compliance with all emergency health guidance
			 promulgated by the Department of Health in the interest of public health during
			 a designated public health emergency. Provided that, during a designated public
			 health emergency, any relevant emergency directives from the executive chamber
			 or from the Department of Health shall supersede regulations of the Office in
			 the case of any conflict.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.1 - Definitions, enforcement and hearings

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Part 413 of this Title apply to this
				Subpart.