New York Licensing Standards for Day Care Centers

Licensing Standards for DayCare Centers

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Section 418.14
Staff Qualifications

(a) Staff members must be qualified by training and experience to carry out their respective functions in the administration, operation and maintenance of the day care center. These employees must be mature, in good physical and mental health, of good character and possess suitable personal qualifications. Consistent with any appropriate collective bargaining agreement(s) and, where applicable, provisions of the Civil Service Law, and except for a person applying to be a volunteer-who is a parent or legal guardian of a child enrolled in the center, day care centers must review and evaluate the backgrounds of all applicants for employee and volunteer positions and must require from each such applicant:

(1) a statement or summary of each applicant's employment history, including but not limited to any relevant child-caring experience;

(2) the names, addresses and day time telephone numbers of at least three references, other than relatives, at least one of whom can verify employment history, work record and qualifications, and at least one of whom can attest to the applicant's character, habits and personal qualifications to be a day care center staff member; and

(3) a sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, such applicant has ever been convicted of a misdemeanor or felony in new York State or any other jurisdiction.

(b) If an applicant discloses in the sworn statement furnished in accordance with paragraph (3) of subdivision (a) of this section that he or she has been convicted of a misdemeanor or felony, the day care center must determine, in accordance with this paragraph and with guidelines developed and disseminated by the department, whether to hire any such applicant or use such applicant as a volunteer. If the day care center determines it will hire the applicant or use the applicant as a volunteer, the center must maintain a written record, which must be part of the application file or employment or other personnel record of such person, of the reason(s) why such person was determined to be appropriate and acceptable as an employee or volunteer.

(c) Notwithstanding the provisions of subdivision (b) of this section, no person may be a staff member or volunteer of a day care center who has been convicted of a misdemeanor or felony against children.

(d) Each center must have on staff a person with specific child-related training. This person shall be responsible for developing, directing and supervising the daily activity programs for children. If the director of the center does not possess the qualifications specified in this subdivision, another staff person must have such qualifications. The minimum education and experience qualifications for such person are as follows:

(1) in a center with less than 45 enrolled children, a director or full-time staff person shall possess:

(i)

(a) an associate's degree in early childhood education, child development or a child-related area; and

(b) one year of child day care teaching experience, and

(ii)

(a) two years of college with 12 credits in early childhood education, child development or a child-related area; and

(b) one year of child day care teaching experience; and

(2) in a center with 45 or more enrolled children, a director of full-time staff person shall possess:

(i)

(a) a bachelor's degree in early childhood education, child development or a child-related area; and

(b) one year of child day care teaching experience; and

(ii)

(a) a New York State teaching certificate or equivalent in early childhood education, kindergarten-to-sixth grade education or nursery-to-sixth grade education, with specialized preparation in early childhood grades; and

(b) one year of child day care teaching experience; and

(iii)

(a) a bachelor's degree including 18 credits in early childhood education; or

(b) a bachelor's degree plus 18 credits in early childhood education; and

(d) one year of experience supervising staff; or

(iv)

(a) an associate's degree in early childhood education, child development or a child-related area; and

(b) two years of child day care teaching experience; and

(d) a plan of study to meet the educational qualifications set forth in subparagraphs (i)-(iii) of this paragraph.

(e) Heads of groups for all day care centers must possess at least:

(1) an associate's degree in early childhood education, child development or a child-related area; or

(2) (i) a child development associate credential; and

(ii) two years of experience related to caring for children; or

(3) (i) a high school diploma or equivalent; and

(ii) three years of experience related to caring for children.

(f) Heads of groups for six-week to three-year-olds must have at least one year of specific experience and/or training in infant or toddler care.

(g) Any head of group responsible for supervising more than one staff person must have an additional two years of experience in staff supervision.

(h) Assistant to the head of group in all child day care centers must have a high school diploma or its equivalent or substantila experience in day care, early childhood or related programs. This person shall be authorized to supervisse a group independently for brief periods of time during the day with direction from the head of the group. Assistants to the head of group for six-week to three-year-olds must have specific experience and/or training in infant or toddler care.

(I) The same person may be director, heard of a group and responsible for directing, developing and superivising the daily activity program for children, provided that the qualifications set forth in the preceding subdivisions of this section for such positions have been met, with the exception that the director may not serve as head of a group when there are 45 or more children enrolled in the child day care center.

(j) No person other than a director, head of group or assistant to the head of group may supervise a group independently even for brief periods of time. The minimum age of a staff person is 16 years and no person under 18 years of age may be left alone to supervise a group of children.

(k) The provisions of this section notwithstanding, persons holding positions in a child day care center prior to the effective date of these regulations who met the qualifications for the position so held which were in effect at the time that they were hired may be employed in such position for a period of two additional years, after which such persons must meet the qualifications set forth in this section.

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