| Date |
Regulation |
Description |
Compliance Status as of last inspection |
|
Sep 18, 2023 |
413.3(c)(2) |
Consistent with Article 23-A of the Correction Law and OCFS guidelines referenced in subdivision two of section 425 of the Social Services Law, if OCFS is made aware of the existence of a criminal conviction or pending criminal charge concerning the owner of a family day care home, group family day care home, school-age child care program, or child day care center; or concerning any employee, caregiver or volunteer in such homes, programs, or centers; or any person age eighteen or over who resides in such a home, such conviction or charge may be a basis to deny, reject, limit, suspend, revoke or terminate the license or registration. When the OCFS is made aware of a conviction or charge, OCFS shall act in accordance with the provisions of Section 413.4 hereof. |
Not Corrected |
|
Sep 18, 2023 |
413.4(d)(2) |
Every licensee and registrant shall submit fingerprint images for each prospective director, employee, or volunteer, and any person age eighteen (18) or older prospectively living in a group family day care home or family day care home. |
Not Corrected |
|
Sep 18, 2023 |
413.4(f)(3)(ii) |
When a clearance conducted pursuant to this section reveals that an existing operator, director, employee, volunteer or person age eighteen (18) or older living in a family day care home or group family day care home has been charged with a crime, the Office shall conduct a safety assessment and take all appropriate steps to protect the health and safety of the children in care. The Office may suspend such program's license or registration based on such a charge when necessary to protect the health and safety of children in care. |
Not Corrected |
|
Sep 18, 2023 |
413.4(g) |
Safety Assessment. A safety assessment performed in accordance with this section shall include, but not be limited to: |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(1) |
A safety assessment performed in accordance with this section shall include, but not be limited to: a review of the duties of the person with the criminal conviction or charge; |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(2) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the extent to which such person may have contact with children in the day care facility or program; and |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(3) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the status and nature of the criminal conviction or charge. |
Not Corrected |
|
Sep 18, 2023 |
413.5(a) |
Before any child care license or registration is suspended or revoked, or when an application for such license or registration is denied, or before civil penalties can be imposed the applicant, licensee or registrant for such registration or license is entitled to a hearing before OCFS, pursuant to Social Services Law Section 22 and these regulations. However, a license or registration shall be temporarily suspended or limited without a hearing upon written notice to the licensee or registrant following a finding that the public health, or an individual's safety or welfare, are in imminent danger based on a finding, in accordance with the regulations of OCFS, that: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a) |
Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard. |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1) |
The program must take suitable precautions to prevent the following: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(i) |
The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(ii) |
The program must take suitable precautions to prevent the following: death of a child while in care at the program or being transported by the program. |
Not Corrected |
|
Sep 18, 2023 |
416.5(j) |
All matches, lighters, medicines, drugs, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers, and must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children. |
Not Corrected |
|
Sep 18, 2023 |
416.8(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 section 416.8(b) of this Part 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. |
Not Corrected |
|
Sep 18, 2023 |
416.13(a)(3) |
The provider, assistant(s), and substitutes must each meet the following qualifications: 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; |
Not Corrected |
|
Sep 18, 2023 |
416.13(b) |
All child day care providers, employees, volunteers and any person age eighteen (18) or older living or who begins to live in a group family day care home are required to comply with the criminal history review provisions of this Part and Part 413 of this Title. |
Not Corrected |
|
Sep 18, 2023 |
416.13(c) |
All child day care providers, employees, volunteers and any person age eighteen (18) or older living or who begins to live in a group family day care home hired after June 30, 2013, must comply with the background check requirements for the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs pursuant to Section 495 of the Social Services Law. |
Not Corrected |
|
Sep 18, 2023 |
416.13(d) |
All child day care providers, employees, volunteers and any person age eighteen (18) or older living or who begins to live in a group family day care home are required to complete a Statewide Central Register database check. |
Not Corrected |
|
Sep 18, 2023 |
416.15(a)(1)(ii) |
Each group family day care home must operate in compliance with the regulations of the Office and all other applicable laws and regulations. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(4) |
The caregivers, employees, volunteers and all members of the household must be in good health and be of good character and habits. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(12) |
The group family day care home must report to the Office: any change affecting, or which reasonably might be expected to affect, those portions of the building and property in which the program is operating or which are used for the children's egress in the case of emergency; any change in household members; and any other change that would place the home out of compliance with applicable regulations. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(i) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: death, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(ii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious incident, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(iii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious injury, |
Not Corrected |
|
Sep 18, 2023 |
413.3(c)(2) |
Consistent with Article 23-A of the Correction Law and OCFS guidelines referenced in subdivision two of section 425 of the Social Services Law, if OCFS is made aware of the existence of a criminal conviction or pending criminal charge concerning the owner of a family day care home, group family day care home, school-age child care program, or child day care center; or concerning any employee, caregiver or volunteer in such homes, programs, or centers; or any person age eighteen or over who resides in such a home, such conviction or charge may be a basis to deny, reject, limit, suspend, revoke or terminate the license or registration. When the OCFS is made aware of a conviction or charge, OCFS shall act in accordance with the provisions of Section 413.4 hereof. |
Not Corrected |
|
Sep 18, 2023 |
413.4(f)(3)(ii) |
When a clearance conducted pursuant to this section reveals that an existing operator, director, employee, volunteer or person age eighteen (18) or older living in a family day care home or group family day care home has been charged with a crime, the Office shall conduct a safety assessment and take all appropriate steps to protect the health and safety of the children in care. The Office may suspend such program's license or registration based on such a charge when necessary to protect the health and safety of children in care. |
Not Corrected |
|
Sep 18, 2023 |
413.4(g) |
Safety Assessment. A safety assessment performed in accordance with this section shall include, but not be limited to: |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(1) |
A safety assessment performed in accordance with this section shall include, but not be limited to: a review of the duties of the person with the criminal conviction or charge; |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(2) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the extent to which such person may have contact with children in the day care facility or program; and |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(3) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the status and nature of the criminal conviction or charge. |
Not Corrected |
|
Sep 18, 2023 |
413.5(a) |
Before any child care license or registration is suspended or revoked, or when an application for such license or registration is denied, or before civil penalties can be imposed the applicant, licensee or registrant for such registration or license is entitled to a hearing before OCFS, pursuant to Social Services Law Section 22 and these regulations. However, a license or registration shall be temporarily suspended or limited without a hearing upon written notice to the licensee or registrant following a finding that the public health, or an individual's safety or welfare, are in imminent danger based on a finding, in accordance with the regulations of OCFS, that: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a) |
Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard. |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1) |
The program must take suitable precautions to prevent the following: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(i) |
The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(ii) |
The program must take suitable precautions to prevent the following: death of a child while in care at the program or being transported by the program. |
Not Corrected |
|
Sep 18, 2023 |
416.5(j) |
All matches, lighters, medicines, drugs, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers, and must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children. |
Not Corrected |
|
Sep 18, 2023 |
416.8(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 section 416.8(b) of this Part 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. |
Not Corrected |
|
Sep 18, 2023 |
416.13(a)(3) |
The provider, assistant(s), and substitutes must each meet the following qualifications: 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; |
Not Corrected |
|
Sep 18, 2023 |
416.15(a)(1)(ii) |
Each group family day care home must operate in compliance with the regulations of the Office and all other applicable laws and regulations. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(4) |
The caregivers, employees, volunteers and all members of the household must be in good health and be of good character and habits. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(i) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: death, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(ii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious incident, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(iii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious injury, |
Not Corrected |
|
Sep 18, 2023 |
413.3(c)(2) |
Consistent with Article 23-A of the Correction Law and OCFS guidelines referenced in subdivision two of section 425 of the Social Services Law, if OCFS is made aware of the existence of a criminal conviction or pending criminal charge concerning the owner of a family day care home, group family day care home, school-age child care program, or child day care center; or concerning any employee, caregiver or volunteer in such homes, programs, or centers; or any person age eighteen or over who resides in such a home, such conviction or charge may be a basis to deny, reject, limit, suspend, revoke or terminate the license or registration. When the OCFS is made aware of a conviction or charge, OCFS shall act in accordance with the provisions of Section 413.4 hereof. |
Not Corrected |
|
Sep 18, 2023 |
413.4(f)(3)(ii) |
When a clearance conducted pursuant to this section reveals that an existing operator, director, employee, volunteer or person age eighteen (18) or older living in a family day care home or group family day care home has been charged with a crime, the Office shall conduct a safety assessment and take all appropriate steps to protect the health and safety of the children in care. The Office may suspend such program's license or registration based on such a charge when necessary to protect the health and safety of children in care. |
Not Corrected |
|
Sep 18, 2023 |
413.4(g) |
Safety Assessment. A safety assessment performed in accordance with this section shall include, but not be limited to: |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(1) |
A safety assessment performed in accordance with this section shall include, but not be limited to: a review of the duties of the person with the criminal conviction or charge; |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(2) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the extent to which such person may have contact with children in the day care facility or program; and |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(3) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the status and nature of the criminal conviction or charge. |
Not Corrected |
|
Sep 18, 2023 |
413.5(a) |
Before any child care license or registration is suspended or revoked, or when an application for such license or registration is denied, or before civil penalties can be imposed the applicant, licensee or registrant for such registration or license is entitled to a hearing before OCFS, pursuant to Social Services Law Section 22 and these regulations. However, a license or registration shall be temporarily suspended or limited without a hearing upon written notice to the licensee or registrant following a finding that the public health, or an individual's safety or welfare, are in imminent danger based on a finding, in accordance with the regulations of OCFS, that: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a) |
Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard. |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1) |
The program must take suitable precautions to prevent the following: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(i) |
The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(ii) |
The program must take suitable precautions to prevent the following: death of a child while in care at the program or being transported by the program. |
Not Corrected |
|
Sep 18, 2023 |
416.5(j) |
All matches, lighters, medicines, drugs, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers, and must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children. |
Not Corrected |
|
Sep 18, 2023 |
416.8(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 section 416.8(b) of this Part 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. |
Not Corrected |
|
Sep 18, 2023 |
416.13(a)(3) |
The provider, assistant(s), and substitutes must each meet the following qualifications: 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; |
Not Corrected |
|
Sep 18, 2023 |
416.15(a)(1)(ii) |
Each group family day care home must operate in compliance with the regulations of the Office and all other applicable laws and regulations. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(4) |
The caregivers, employees, volunteers and all members of the household must be in good health and be of good character and habits. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(i) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: death, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(ii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious incident, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(iii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious injury, |
Not Corrected |
|
Sep 18, 2023 |
413.3(c)(2) |
Consistent with Article 23-A of the Correction Law and OCFS guidelines referenced in subdivision two of section 425 of the Social Services Law, if OCFS is made aware of the existence of a criminal conviction or pending criminal charge concerning the owner of a family day care home, group family day care home, school-age child care program, or child day care center; or concerning any employee, caregiver or volunteer in such homes, programs, or centers; or any person age eighteen or over who resides in such a home, such conviction or charge may be a basis to deny, reject, limit, suspend, revoke or terminate the license or registration. When the OCFS is made aware of a conviction or charge, OCFS shall act in accordance with the provisions of Section 413.4 hereof. |
Not Corrected |
|
Sep 18, 2023 |
413.4(f)(3)(ii) |
When a clearance conducted pursuant to this section reveals that an existing operator, director, employee, volunteer or person age eighteen (18) or older living in a family day care home or group family day care home has been charged with a crime, the Office shall conduct a safety assessment and take all appropriate steps to protect the health and safety of the children in care. The Office may suspend such program's license or registration based on such a charge when necessary to protect the health and safety of children in care. |
Not Corrected |
|
Sep 18, 2023 |
413.4(g) |
Safety Assessment. A safety assessment performed in accordance with this section shall include, but not be limited to: |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(1) |
A safety assessment performed in accordance with this section shall include, but not be limited to: a review of the duties of the person with the criminal conviction or charge; |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(2) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the extent to which such person may have contact with children in the day care facility or program; and |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(3) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the status and nature of the criminal conviction or charge. |
Not Corrected |
|
Sep 18, 2023 |
413.5(a) |
Before any child care license or registration is suspended or revoked, or when an application for such license or registration is denied, or before civil penalties can be imposed the applicant, licensee or registrant for such registration or license is entitled to a hearing before OCFS, pursuant to Social Services Law Section 22 and these regulations. However, a license or registration shall be temporarily suspended or limited without a hearing upon written notice to the licensee or registrant following a finding that the public health, or an individual's safety or welfare, are in imminent danger based on a finding, in accordance with the regulations of OCFS, that: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a) |
Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard. |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1) |
The program must take suitable precautions to prevent the following: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(i) |
The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(ii) |
The program must take suitable precautions to prevent the following: death of a child while in care at the program or being transported by the program. |
Not Corrected |
|
Sep 18, 2023 |
416.5(j) |
All matches, lighters, medicines, drugs, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers, and must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children. |
Not Corrected |
|
Sep 18, 2023 |
416.8(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 section 416.8(b) of this Part 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. |
Not Corrected |
|
Sep 18, 2023 |
416.13(a)(3) |
The provider, assistant(s), and substitutes must each meet the following qualifications: 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; |
Not Corrected |
|
Sep 18, 2023 |
416.15(a)(1)(ii) |
Each group family day care home must operate in compliance with the regulations of the Office and all other applicable laws and regulations. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(4) |
The caregivers, employees, volunteers and all members of the household must be in good health and be of good character and habits. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(i) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: death, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(ii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious incident, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(iii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious injury, |
Not Corrected |
|
Sep 18, 2023 |
413.3(c)(2) |
Consistent with Article 23-A of the Correction Law and OCFS guidelines referenced in subdivision two of section 425 of the Social Services Law, if OCFS is made aware of the existence of a criminal conviction or pending criminal charge concerning the owner of a family day care home, group family day care home, school-age child care program, or child day care center; or concerning any employee, caregiver or volunteer in such homes, programs, or centers; or any person age eighteen or over who resides in such a home, such conviction or charge may be a basis to deny, reject, limit, suspend, revoke or terminate the license or registration. When the OCFS is made aware of a conviction or charge, OCFS shall act in accordance with the provisions of Section 413.4 hereof. |
Not Corrected |
|
Sep 18, 2023 |
413.4(f)(3)(ii) |
When a clearance conducted pursuant to this section reveals that an existing operator, director, employee, volunteer or person age eighteen (18) or older living in a family day care home or group family day care home has been charged with a crime, the Office shall conduct a safety assessment and take all appropriate steps to protect the health and safety of the children in care. The Office may suspend such program's license or registration based on such a charge when necessary to protect the health and safety of children in care. |
Not Corrected |
|
Sep 18, 2023 |
413.4(g) |
Safety Assessment. A safety assessment performed in accordance with this section shall include, but not be limited to: |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(1) |
A safety assessment performed in accordance with this section shall include, but not be limited to: a review of the duties of the person with the criminal conviction or charge; |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(2) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the extent to which such person may have contact with children in the day care facility or program; and |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(3) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the status and nature of the criminal conviction or charge. |
Not Corrected |
|
Sep 18, 2023 |
413.5(a) |
Before any child care license or registration is suspended or revoked, or when an application for such license or registration is denied, or before civil penalties can be imposed the applicant, licensee or registrant for such registration or license is entitled to a hearing before OCFS, pursuant to Social Services Law Section 22 and these regulations. However, a license or registration shall be temporarily suspended or limited without a hearing upon written notice to the licensee or registrant following a finding that the public health, or an individual's safety or welfare, are in imminent danger based on a finding, in accordance with the regulations of OCFS, that: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a) |
Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard. |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1) |
The program must take suitable precautions to prevent the following: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(i) |
The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(ii) |
The program must take suitable precautions to prevent the following: death of a child while in care at the program or being transported by the program. |
Not Corrected |
|
Sep 18, 2023 |
416.5(j) |
All matches, lighters, medicines, drugs, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers, and must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children. |
Not Corrected |
|
Sep 18, 2023 |
416.8(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 section 416.8(b) of this Part 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. |
Not Corrected |
|
Sep 18, 2023 |
416.13(a)(3) |
The provider, assistant(s), and substitutes must each meet the following qualifications: 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; |
Not Corrected |
|
Sep 18, 2023 |
416.15(a)(1)(ii) |
Each group family day care home must operate in compliance with the regulations of the Office and all other applicable laws and regulations. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(4) |
The caregivers, employees, volunteers and all members of the household must be in good health and be of good character and habits. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(i) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: death, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(ii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious incident, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(iii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious injury, |
Not Corrected |
|
Sep 18, 2023 |
413.3(c)(2) |
Consistent with Article 23-A of the Correction Law and OCFS guidelines referenced in subdivision two of section 425 of the Social Services Law, if OCFS is made aware of the existence of a criminal conviction or pending criminal charge concerning the owner of a family day care home, group family day care home, school-age child care program, or child day care center; or concerning any employee, caregiver or volunteer in such homes, programs, or centers; or any person age eighteen or over who resides in such a home, such conviction or charge may be a basis to deny, reject, limit, suspend, revoke or terminate the license or registration. When the OCFS is made aware of a conviction or charge, OCFS shall act in accordance with the provisions of Section 413.4 hereof. |
Not Corrected |
|
Sep 18, 2023 |
413.4(f)(3)(ii) |
When a clearance conducted pursuant to this section reveals that an existing operator, director, employee, volunteer or person age eighteen (18) or older living in a family day care home or group family day care home has been charged with a crime, the Office shall conduct a safety assessment and take all appropriate steps to protect the health and safety of the children in care. The Office may suspend such program's license or registration based on such a charge when necessary to protect the health and safety of children in care. |
Not Corrected |
|
Sep 18, 2023 |
413.4(g) |
Safety Assessment. A safety assessment performed in accordance with this section shall include, but not be limited to: |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(1) |
A safety assessment performed in accordance with this section shall include, but not be limited to: a review of the duties of the person with the criminal conviction or charge; |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(2) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the extent to which such person may have contact with children in the day care facility or program; and |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(3) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the status and nature of the criminal conviction or charge. |
Not Corrected |
|
Sep 18, 2023 |
413.5(a) |
Before any child care license or registration is suspended or revoked, or when an application for such license or registration is denied, or before civil penalties can be imposed the applicant, licensee or registrant for such registration or license is entitled to a hearing before OCFS, pursuant to Social Services Law Section 22 and these regulations. However, a license or registration shall be temporarily suspended or limited without a hearing upon written notice to the licensee or registrant following a finding that the public health, or an individual's safety or welfare, are in imminent danger based on a finding, in accordance with the regulations of OCFS, that: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a) |
Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard. |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1) |
The program must take suitable precautions to prevent the following: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(i) |
The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(ii) |
The program must take suitable precautions to prevent the following: death of a child while in care at the program or being transported by the program. |
Not Corrected |
|
Sep 18, 2023 |
416.5(j) |
All matches, lighters, medicines, drugs, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers, and must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children. |
Not Corrected |
|
Sep 18, 2023 |
416.8(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 section 416.8(b) of this Part 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. |
Not Corrected |
|
Sep 18, 2023 |
416.13(a)(3) |
The provider, assistant(s), and substitutes must each meet the following qualifications: 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; |
Not Corrected |
|
Sep 18, 2023 |
416.15(a)(1)(ii) |
Each group family day care home must operate in compliance with the regulations of the Office and all other applicable laws and regulations. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(4) |
The caregivers, employees, volunteers and all members of the household must be in good health and be of good character and habits. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(i) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: death, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(ii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious incident, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(iii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious injury, |
Not Corrected |
|
Sep 18, 2023 |
413.3(c)(2) |
Consistent with Article 23-A of the Correction Law and OCFS guidelines referenced in subdivision two of section 425 of the Social Services Law, if OCFS is made aware of the existence of a criminal conviction or pending criminal charge concerning the owner of a family day care home, group family day care home, school-age child care program, or child day care center; or concerning any employee, caregiver or volunteer in such homes, programs, or centers; or any person age eighteen or over who resides in such a home, such conviction or charge may be a basis to deny, reject, limit, suspend, revoke or terminate the license or registration. When the OCFS is made aware of a conviction or charge, OCFS shall act in accordance with the provisions of Section 413.4 hereof. |
Not Corrected |
|
Sep 18, 2023 |
413.4(f)(3)(ii) |
When a clearance conducted pursuant to this section reveals that an existing operator, director, employee, volunteer or person age eighteen (18) or older living in a family day care home or group family day care home has been charged with a crime, the Office shall conduct a safety assessment and take all appropriate steps to protect the health and safety of the children in care. The Office may suspend such program's license or registration based on such a charge when necessary to protect the health and safety of children in care. |
Not Corrected |
|
Sep 18, 2023 |
413.4(g) |
Safety Assessment. A safety assessment performed in accordance with this section shall include, but not be limited to: |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(1) |
A safety assessment performed in accordance with this section shall include, but not be limited to: a review of the duties of the person with the criminal conviction or charge; |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(2) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the extent to which such person may have contact with children in the day care facility or program; and |
Not Corrected |
|
Sep 18, 2023 |
413.4(g)(3) |
A safety assessment performed in accordance with this section shall include, but not be limited to: the status and nature of the criminal conviction or charge. |
Not Corrected |
|
Sep 18, 2023 |
413.5(a) |
Before any child care license or registration is suspended or revoked, or when an application for such license or registration is denied, or before civil penalties can be imposed the applicant, licensee or registrant for such registration or license is entitled to a hearing before OCFS, pursuant to Social Services Law Section 22 and these regulations. However, a license or registration shall be temporarily suspended or limited without a hearing upon written notice to the licensee or registrant following a finding that the public health, or an individual's safety or welfare, are in imminent danger based on a finding, in accordance with the regulations of OCFS, that: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a) |
Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard. |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1) |
The program must take suitable precautions to prevent the following: |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(i) |
The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and |
Not Corrected |
|
Sep 18, 2023 |
416.5(a)(1)(ii) |
The program must take suitable precautions to prevent the following: death of a child while in care at the program or being transported by the program. |
Not Corrected |
|
Sep 18, 2023 |
416.5(j) |
All matches, lighters, medicines, drugs, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers, and must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children. |
Not Corrected |
|
Sep 18, 2023 |
416.8(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 section 416.8(b) of this Part 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. |
Not Corrected |
|
Sep 18, 2023 |
416.13(a)(3) |
The provider, assistant(s), and substitutes must each meet the following qualifications: 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; |
Not Corrected |
|
Sep 18, 2023 |
416.15(a)(1)(ii) |
Each group family day care home must operate in compliance with the regulations of the Office and all other applicable laws and regulations. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(4) |
The caregivers, employees, volunteers and all members of the household must be in good health and be of good character and habits. |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(i) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: death, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(ii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious incident, |
Not Corrected |
|
Sep 18, 2023 |
416.15(b)(14)(iii) |
The caregiver must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by a caregiver: serious injury, |
Not Corrected |
*Violations are posted on this web site after the inspection results have been finalized in a report mailed to the provider.
Violations are listed here as 'Corrected' after the Office has verified corrections with the provider,
and a letter confirming the corrections has been mailed to the provider.
|
| For additional information on this program and compliance history, contact |
Office: New York City Dept. of Health - Regional Office
Phone: (347) 854-1971
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