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Division of Child Care Services

Policies

 

96-1 SACC Programs: Care for Pre-kindergarten-aged Children

The purpose of this statement is to clarify whether it is permissible for a registered school-age child care program, or the school-age child care component of a day care center, to provide care during the summer months to children who are enrolled for kindergarten but who will not begin attending school until September.

96-3 Release of Applicant/Provider References

The purpose of this policy statement is to discuss whether applicants and providers may have access to copies of completed reference forms, or other Office of Child and Family Services licensing or registration documents.

96-5 Social Security Numbers and Federal Identification Numbers

The purpose of this policy statement is to explain the law on collecting social security numbers, federal identification numbers and employer's identification number (EIN), and thus the reason why the department must collect this information. This policy explains when and where applicants and their assistants in Family Day Care (FDC), Group Family Day Care (GFDC), Day Care Centers (DCC), and School-Age Child Care programs (SACC) must provide their social security or federal identification numbers. Procedures for persons without a social security number, or organization without a federal identification number are also explained in this policy statement.

96-8 Responding to Public Inquiries

The purpose of this policy statement is to distinguish between that information which must be maintained as confidential and that which may be disclosed to the general public, the media, or government agency/agencies. This policy statement relates directly to the Freedom of Information Law (FOIL).

96-10 Presence of the On-Site Provider in FDC and GFDC Homes

The purpose of this policy statement is to clarify the role and obligations of the on-site provider in family or group family day care homes.

97-4 Defining "Confidential" and "Anonymous" Sources for the Purpose of Child Care Complaints

The purpose of this policy statement is to clarify when the source of a complaint may be "anonymous" and when that source can elect to remain "confidential". The terms "anonymous" and "confidential" are defined.

97-6 Home Schooling and Family Day Care Registration or Group Family Day Care Licensure

The purpose of this policy statement is to clarify significant issues regarding the issuance of a family day care registration or group family day care license to individuals who are also providing home instruction for their own children in accordance with the requirements of the State Education Department.

97-8 State Central Register (SCR) Database Check Requirements

The purpose of this policy statement is to clarify which employees of agencies providing services to children in day care programs must undergo a database check completed by the State Central Register of Child abuse and Maltreatment (SCR).

97-10 Supervision Issues as They Relate to Day Care Center Programs

This policy statement addresses standards of supervision required of providers for children enrolled in day care center programs. This policy statement begins with guidelines for supervision as cited in various sections of the 18 NYCRR Day Care Center regulations. The regulations are then applied to issues relative to staff coverage for naptime, staff meetings, training, lunch breaks, transportation, field trips, mixing of age groups, and using young staff members as fill-ins. Also covered in this policy statement are staff to children ratios and the qualifications for employee positions as it pertains to age.

99-1 Multiple Providers in One Family Residence: Clarification of Requirements

During the 1990's New York State's Office of Children and Family Services (Office) permitted multiple family and group family day care programs to operate in a single residence. The Office permitted the licensing/registration of these multiple programs under specific conditions. However, in 2003, regulations were changed, prohibiting more than one program from operating in a single residence. Despite the prohibition, double group programs already licensed/registered before March 1, 2002 were/are permitted to remain in operation due to a grandfathering clause. This updated policy statement will cover policy issues concerning those double groups that are still in operation.

99-2 Procedures for Implementation of Jeremy and Julia's Law

The purpose of this policy statement is to clarify the impact of Sections 120.01 and 260.30 of the Penal Law, known as the Jeremy Fiedeholtz and Julia Haas Safe Day Care Act (Jeremy and Julia's Law). The law allows for the prosecution of a provider, or anyone holding themselves out as a provider, that willfully and intentionally misrepresents to parents, State or local officials having jurisdiction over day care providers, or a police officer or peace officer, the facts pertaining to themselves as a provider. This policy will address both the identification of situations which would constitute violations of this law, and the procedure to be used by registrars, licensers and other OCFS staff in making a possible law enforcement referral.

99-3 Documentation of Results of SCR Level 1 Clearances

The purpose of this policy statement is to affirm that staff of the Division of Child Care Services and, under specific circumstances, staff of Local Departments of Social Services (LDSS) may do their own Level 1 clearance in the CONNECTIONS database. This procedure involves a search of the State Central Register (SCR) database for the name of the individual applicant who has completed a DSS-3370.

99-4 FDC and GFDC Provided in Another Individual's Home

The purpose of this policy statement is to establish guidelines to be used when a situation arises in which a Family Day Care or Group Family Day Care Provider will be caring for children in a residence other than his/her own.

00-2 Rooftop Playgrounds

The purpose of this policy statement is to provide guidelines regarding the development and use of rooftop playgrounds as an option for outdoor activities when day care is located primarily in urban areas in multi-floored buildings with limited or no accessible outdoor playground areas.

00-3 Enrollment of Pre-kindergarten Children in School-age Child Care Programs

This policy statement outlines the conditions under which pre-kindergarten children are permitted to attend School-age child care programs, and how the program must accommodate these children.

02-1 Appropriate Actions to Take When a Provider Fails to Renew Their License/Registration in a Timely Manner

This policy statement is intended to clarify what actions are appropriate when a program has not followed regulation in renewing its license /registration in a timely manner. Scenarios are included as illustrations.

02-2 Distance Learning

The purpose of this policy statement is to identify the criteria under which "distance learning" courses will be accepted as counting toward the 30 hours of required training needed by providers every licensing period. "Distance learning" is a term used to describe forms of instruction that do not include face-to-face interaction

02-3 What Constitutes a School-Age Child Care Program

The purpose of this policy statement is to assist Division of Child Care Services (BECS) staff to distinguish between those programs that should be considered School-Age Child Care (SACC) programs and those that should not. In particular, the policy statement discusses the distinctions between SACC programs and those programs that are not SACC programs, and thus exempt from registration, because they are programs offering recreation, sports, religious education, classes or lessons.

03-1 Streamlining the Licensing Process for Family Based Programs When They Move to a Different Site

This policy statement identifies the streamlining methods that the regional offices will use when handling an application for those providers who appropriately notify the Office of their intention to move their day care program to a different address.

03-2 50% of Registered Child Care Programs to be Inspected Annually

This document updates policy to reflect new statute requiring 50% of all registered child care programs in New York State to be inspected annually. This statement also includes: what may count as a "50 percent" inspection; what a complete inspection is; how the number of providers to be inspected is determined; how the 50% inspections are reported to Home office. CCFS system support issues are included in this policy statement as well.

04-1 Supervision Issues as They Relate to Family Based Programs

This policy statement addresses frequently asked questions regarding standards of supervision required of providers for day care children in family based day care programs. The policy statement begins with the guidelines for supervision cited in the Family and Group Family child care regulations and then applies those regulations to common situations experienced in most family based programs.

04-2 Authorization to Keep Non-Prescription, Over-the-Counter Medication in Stock at Day Care Program Sites

The purpose of this policy statement is to outline the conditions under which a provider may stock certain non-prescription (over-the-counter) medication at the program site, to be used in the event that an infant or child in the program develops symptoms while in care.

04-3 Substitute Caregivers and Prorating Training Hours

This policy statement is intended to clarify the role of substitutes in day care programs. It will cover the following significant topics:

  • The definition of a substitute
  • The definition of staff
  • Any differences between substitutes working in family based programs and substitutes employed by day care centers
  • The circumstances in which a substitute may be called in to take the place of a permanent caregiver
  • Training requirements and approved prorating formulas for training hours
  • Medical statements and references
  • Background checks
  • The role of alternates and assistants

05-2 Cease and Desist Policy Decisions

The purpose of this policy statement is to provide direction to regional office licensors/registrars on issues pertaining to the inspection and identification of child day care programs and the actions needed to bring illegal programs into compliance. While this policy will address issues concerning all modalities of care, the discussion regarding what constitutes a child care program will be limited to what constitutes a day care center, group family day care and family day care. A separate policy (PS 2-03) is provided for what constitutes a school-age program.

05-3 Use of Bulkhead Doors and Sliding Doors as Exits in Family and Group Family Day Care Programs

The purpose of this policy statement is to clarify whether bulkhead doors (also known by the brand name "Bilco" doors) and sliding doors are acceptable means of egress in family and group family day care homes.

06-1 Guidelines for Approving Basements as Primary Day Care Space and Nonhabitable Space for Limited Use Purposes

The purpose of this policy statement is to clarify the conditions under which:

  • Basements may be used as the primary program location for family day care and group family day care; and
  • Nonhabitable space may be used for limited use purposes.

06-2 The Status of Inactive

This policy statement will provide a definition for the Child Care Facility System (CCFS) licensing/registration status referred to as "inactive" and cover issues concerning this CCFS program status.

06-3 Compliance Issues As They Relate to the Americans with Disabilities Act

This document provides guidance on the interaction of the New York State Office of Children and Family Services (OCFS) child day care regulations and the Americans with Disabilities Act (ADA), with particular regard to the statutory and regulatory provisions that address the administration of medications to children in day care programs.

06-4 Regulatory Compliance Standards as it Relates To a Family and Group Family Day Care Provider's Own Child in the Provider's Day Care Program

The purpose of this policy statement is to clarify if and when the Office of Children and Family Services (OCFS) may apply day care regulatory standards to the care of a provider's own child(ren) that attend the provider's day care program

06-5 Placing Infants on their Back to Sleep

The purpose of this policy statement is to:

  • Highlight regulation requiring that infants be placed to sleep on their backs,
  • Present general milestones regarding a child's ability to roll over while sleeping; and
  • Instruct providers on whether or not they must reposition sleeping infants.

06-6 Registered Nurses May Not Sign Medical Statements

The purpose of this policy statement is to clarify whether or not registered nurses are permitted to sign the medical statements that providers, assistants, household members, employees and volunteers must submit prior to beginning employment (and every two years thereafter), and the medical form required to be on file for every child prior to being accepted for care.

06-7 Criminal History Reviews and/or State Central Register Database Checks for Individuals Associated With Child Care Programs

The purpose of this policy statement is to clarify which persons associated with day care programs are required to undergo a criminal history review and/or a database check through the State Central Register of Child Abuse and Maltreatment (SCR).

06-8 Clarification of the Term Serious Injury

The purpose of this policy statement is to clarify the use of the term serious injury as it is used in the following child day care regulation:
The caregiver must immediately notify the Office upon learning of the death, serious injury or infectious illness of an enrolled child which occurred while the child was in care at the program or was being transported by a caregiver.

07-1 Egress Issues in Family and Group Family Day Care Programs (Replaces: 05-1)

The purpose of this policy statement is to:

  • Identify and define pertinent terms related to egress;
  • Clarify when fire escapes may be approved as one means of egress from a family or group family day care home that is located above the first floor in a multiple unit residential dwelling;
  • Summarize guidelines for evaluating means of egress from family and group family settings; and
  • Clarify exemption criteria.

07-2 Clearances and File Maintenance for Staff Not Employed by but Working in Day Care Centers. (Preschool Special Education and Early Intervention staff)

In an effort to support the Federal and State goal to promote both inclusive child care and encourage collaboration between agencies serving children, OCFS is announcing through this policy an approved method by which a day care center may staff their classrooms with collaborative employees without duplicating clearance efforts.

07-3 The Authority to Interview Children in Day Care Programs

The purpose of this policy is to clarify the circumstances when a licensor/registrar or any Division of Child Care Service's staff person may interview a child who attends a day care program concerning issues under investigation by the New York State Office of Children and Family Services (OCFS).

07-4 Examination of a "Plan of Study"

The purpose of this policy is to clarify when a plan of study, as defined in Title 18 of the New York State Code of Rules and Regulations (NYCRR) § 413.2(aj), is acceptable to the Office of Children and Family Services (OCFS) as meeting the intent of the regulation and the needs of a child care program.

08-1 Homes Garages used as Egress Paths

The purpose of this policy statement is to clarify if and under what circumstances garages may be used as paths for egress from family and group family day care programs.

08-2 Training Policy

The New York State Quality Child Care and Protection Act of 2000 resulted in a number of key changes aimed at strengthening parental confidence in the safety and quality of child care programs and bolstering the professionalism of child care providers and their staff.

08-3 Evaluating Qualifications for Day Care Center Directors

The purpose of this policy statement is to clarify how to evaluate a candidate’s qualifications to fill the positions of day care center (DCC) director, School Age Child Care Program (SACC) director or provider in a family or group family child care program.

08-4 Community Based Organizations Operating Programs in School Buildings

The purpose of this policy statement is to clarify when, or if, a community based organization (CBO), located in a public or private school, is required by New York State Social Services Law and New York State day care regulation to be licensed or registered with the Office of Children and Family Services (OCFS) as a day care program.

09-1 Day Care Referral Processes and Program Removal from the Referral List

The purpose of this policy statement is to highlight how referral information concerning child care providers will be shared with parents. In addition, this policy provides information on the circumstances under which a provider is removed from and reinstated to the referral list, and if he/she is eligible for subsidy payments.

09-2 Recognition of Same Sex Marriages

The purpose of this Policy Statement is to advise child care providers of the implications of the February 1, 2008 decision of the New York State Supreme Court, Appellate Division, Fourth Department, Martinez v. County of Monroe, 50 A.D.3d 189 (4th Dep’t 2008). The Court held that same-sex marriages legally performed in other jurisdictions are “entitled to recognition in New York in the absence of express legislation to the contrary” (Martinez, 50 A.D.3d at 193).

10-1 Combustible Materials and Wall Coverage

The purpose of this policy statement is to establish a uniform standard regarding the type of materials that can be used for decorative purposes, as well as the amount of wall space that can be covered by combustible materials in Day Care Centers, Small Day Care Centers or School Age Child Care programs located in places other than public school buildings.

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