Listed below are brief descriptions of common types of child care programs in New York State. Each program is regulated by the state Office of Children and Family Services, except New York City-based day care centers, which are regulated by the New York City Department of Health.

Day Care Centers - provide care for more than six children at a time, not in a personal residence.

Day Care Center - NYC - also known as group day care programs, are regulated by the New York City Department of Health and Mental Hygiene under Article 47 of the New York City Health Code. Provide care for more than three children at a time, not in a personal residence.

Small Day Care Centers - provide care for up to six children, not in a personal residence.

Family Day Care Homes - provide care for three to six children at a time in a residence; may add one or two school-age children. The maximum allowable number of children will depend on whether there are and how many infants are in care.

Group Family Day Care Homes - provide care for seven to twelve children at a time in a residence; may add one or two school-age children. The maximum allowable number of children will depend on whether there are and how many infants are in care. A provider must use an assistant when more than six children are present.


School-Age Child Care Programs - provide care for more than six children from kindergarten through age twelve. Care for children during non-school hours; also may provide care during school vacation periods and holidays.

Legally-Exempt Child Care Programs - Are those programs which are not required by law to be licensed or registered to provide child care. They do not have to follow the State regulations for licensed and registered providers and are not subject to the same inspection protocols and enforcement procedures.

Enrolled Legally-Exempt Child Care Programs - When a family that is receiving child care subsidy wants to use a legally-exempt child care provider, the parent and program must complete paperwork which is reviewed by an enrollment agency. If the program meets all of the requirements, it can be enrolled to provide care.

Legally-Exempt Group Child Care Program - Are those programs which are not required by law to be licensed or registered to provide child care. However, legally-exempt group child care programs that provide subsidized child care must satisfy the requirements listed in the New York State Code of Rules and Regulations, Title 18, Part 415 in order to enroll for payment. These programs may include:

• nursery schools or pre-kindergarten programs which are not in someone’s home and are open for 3 hours or less a day;
• article 43 programs permitted by the NYC Department of Health;
• certain types of school-age child care programs conducted during non-school hours;
• summer day camps operated under the authority of the NYS or NYC Department of Health;
• programs located on Federal or Tribal property and adhering to applicable laws and regulations.

Listed below are brief descriptions of hours of operation for Child Care Programs in New York State.

Traditional Hours of Operation:
For School Age Child Care Programs, Monday through Friday two hours before and three hours after school, when school is in session, and full days following regular opening and closing times during school breaks and vacations. For Day Care Centers, Family and Group Family Day Care, Monday through Friday from 6:00 AM to 7:00 PM.

Non-Traditional Hours of Operation:
Anything outside Traditional Hours of Operation is Non-Traditional Hours.

Non-Patient Specific Auto Injectors - These are used in the emergency treatment of a child appearing to experience anaphylactic symptoms due to an allergy.

Q. Why is it important for a child care program to stock non-patient specific auto injectors?
A. Many children in child care experience events for the first time, including new foods and insect bites. There is no way to predict when a child will have an allergic reaction. Epinephrine is the first line drug of choice for the emergency treatment of severe allergic reactions. It is a safe medication. There is no medical reason for trained, designated staff to withhold administration of an auto injector in an emergency if anaphylaxis is suspected.Having a non-patient specific auto injector in the program’s emergency tool kit, and the knowledge on how to use it, is a potentially lifesaving investment.

Please visit the OCFS Allergy Awareness webpage for more information regarding Allergy Awareness.

Legally-Exempt Child Care Programs - Are those programs which are not required by law to be licensed or registered to provide child care. They do not have to follow the State regulations for licensed and registered providers and are not subject to the same inspection protocols and enforcement procedures.

Enrolled Legally-Exempt Child Care Programs - When a family that is receiving child care subsidy wants to use a legally-exempt child care provider, the parent and program must complete paperwork which is reviewed by an enrollment agency. If the program meets all of the requirements, it can be enrolled to provide care.

Legally Exempt Family Child Care Programs - When a child care provider, usually a child's relative or a friend or neighbor, watches one or two children not related to the provider. There may never be more than eight children total. Relative-only programs are not searchable on the OCFS web site. To see compliance history for non-relative providers only, enter the provider’s facility ID and select the non-relative search checkbox.

Legally Exempt In-Home Child Care Program - When you employ a child care provider, usually a friend, neighbor or relative, to come to your home to watch your children. Relative-only programs are not searchable on the OCFS web site. To see compliance history for non-relative providers only, enter the provider’s facility ID and select the non-relative search checkbox.

Program ID = Enrollment Number

Enrollment Number is found on all of the Legally-Exempt Child Care Provider correspondence you received from the Enrollment agency.