Licensing Standards for DayCare Centers

Section 418.1
Definitions

(a)

(1) Child day care means care for a child on a regular basis provided away from the child's residence for less than 24 hours per day by someone other than the parent, step-parent guardian or relative within the third degree of consanguinity of the parents or step parents of such child. A relative within the third degree of consanguinity of the parent or stepparent includes: the grandparents of the child; the great-grandparents of the child; the great-great-grandparents of the child; the aunts and uncles of the child, including the spouses of the aunts and uncles; the great-aunts and great uncles of the child, including the spouses of the great-aunts and great-uncles; the siblings of the child; and the first cousins of the child, including the spouses of the first cousins.

(2) Child day care does not refer to care provided in:

(i) a summer day camp, traveling summer day camp or children's overnight camp as defined in the State Sanitary Code;

(ii) a program for school-age children operated solely for the purpose of religious education, sports, classes, lessons or recreation;

(iii) a facility providing day services under an operating certificate issued by the department;

(iv) a facility providing day treatment under an operating, certificate issued by the Office of Mental Health or by the Office of Mental Retardation and Developmental Disabilities; or

(v) a kindergarten, pre-kindergarten or nursery school for children three years of age or older, or a program for school-age children conducted during non-school hours, operated by a public school district or by a private school or academy which is providing elementary or secondary education or both in accordance with the compulsory education requirements of the Education Law, provided that such kindergarten, pre-kindergarten, nursery school or program is located on the premises or campus where the elementary or secondary education is provided.

(c) Provider means child day care provider.

(d) Department means the New York State Department of Social Services.

(e) Enforcement means the action(s) undertaken or initiated by the department to assure that day care centers are operated in compliance with all applicable provisions of law and regulation.

(f) Child day care center means a program or facility in which child day care is provided on a regular basis to more than six children for more than three hours per day per child for compensation or otherwise, except those programs operating as a group family day care home, as defined in section 416.1 of this Title, a family day care home, as defined in section 417.1 of this Title, or a school-age child care program, as defined in section 414.1 of this Title. The name, description or form of the entity which operates a child day care center does not affect its status as a child day care center.

(1) Number of children: A child day care center may provide care for no more children at any given time than the authorized maximum capacity of children shown on the license.

(2) Age of children: A child day care center may provide care for children six weeks through 12 years of age, for children under court supervision or for children who are 13 years of age or older where a physician, psychiatrist or psychologist states in writing that such children are incapable of caring for themselves. No child less than six weeks of age may be admitted.

(i) Children in care on October 22, 1991 and who are 13 years of age may continue to receive child day care through age 13.

(ii) Children who attain the maximum age allowed during the school year may continue to receive child day care through the end of the school year.

(1) Number of children: A small day care center may provide care for no more children at any given time than the authorized maximum capacity of children shown on the small day care center registration.

(2) Age of children: A small day care center may provide care for children six weeks through 12 years of age, for children under court supervision or for children who are 13 years of age or older where a physician, psychiatrist or psychologist states in writing that such children are incapable of caring for themselves. No child less than six weeks of age may be admitted.

(i) Children in care on October 22, 1991 and who are 13 years of age may continue to receive child day care through age 13.

(ii) Children who obtain the maximum age allowed during the school year may continue to receive child day care through the end of the school year.

(i) Small day care center registration means a document issued by the department authorizing a child day care provider to provide child day care in a small day care center in accordance with the regulations of the department.

(j) Staff means all personnel, including temporary staff or substitutes, pare-professionals, volunteers and any other person(s) employed by the day care center.

(k) Infant means a child six weeks to 18 months of age.

(l) Toddler means a child 18 months to 36 months of age.

(m) Director means the person who has administrative authority and responsibility for on-site management of the daily operations of the day care center.

(n) Parent means custodial parent(s), legal guardian(s) or other persons having legal custody of a child.

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