What Are the Home Daycare License Requirements in New York?
A New York home daycare needs Office of Children and Family Services (OCFS) regulation at three to six children for more than three hours a day per child; the state issues those homes a registration.
Group homes serve seven to twelve children, plus up to four additional school-agers.
Providers must be 18 with two years of experience caring for children under six (or one year plus six training hours) and finish an OCFS-approved health and safety course before registration; every adult 18 or older living in the home must be fingerprinted.
Verify before you rely on this
At a glance
The New York State Office of Children and Family Services (OCFS). The day care rules this page cites sit in Title 18 of the New York Codes, Rules and Regulations (18 NYCRR) — Parts 413, 416 and 417.
At three to six children cared for more than three hours a day per child — the family day care home definition; seven to twelve children of all ages makes the home a group family day care home.
Family day care home (three to six children, OCFS registration) and group family day care home (seven to twelve); the small day care center is the non-residential category for three through six children.
Six children under school age in a family day care home; eight only when at least two of the eight are school-aged, the school-agers come before or after school or during school breaks, and the home stays subject to OCFS inspection. Twelve children of all ages, plus up to four additional school-age children before or after school, in a group family day care home.
18, with two years of experience caring for children under six (or one year of experience plus six hours of training or education in early childhood development).
At least 30 hours of training every two years for family day care providers, employees and volunteers, plus an OCFS-approved health and safety course before the first registration.
Not established in our research — ask the licensing agency.
Home child care license types in New York
- Family day care homeRegistration
Three to six children for more than three hours a day per child in a family home; OCFS issues an initial registration, and the count may reach seven or eight under the school-age exception, subject to OCFS inspection.
- Group family day care homeOther
Seven to twelve children of all ages in a family home, plus up to four additional school-age children before or after school; an assistant must be present once care reaches the rule's thresholds.
- Small day care centerOther
A non-residential program caring for three through six children for more than three hours a day per child — the OCFS category for small programs run outside a residence.
Do you need a license to run a home daycare in New York?
New York regulates home day care through the Office of Children and Family Services (OCFS).
A family home that provides care for more than three hours a day per child to three to six children is a family day care home under 18 NYCRR 413.2, and the document OCFS issues it is a registration — the rule's own term.
A home serving seven to twelve children of all ages is a group family day care home instead.
A family day care home can also reach seven or eight children under the rule's school-age exception, subject to OCFS inspection, when no more than six are under school age and the school-agers come before or after school or during school breaks.
What New York requires of someone caring for one or two children is not established in our research; ask OCFS before assuming anything below the definition.
“Family day care home shall mean a program caring for children for more than three hours per day per child in which child day care is provided in a family home for three to six children.”
License types and capacity
New York's home-based categories differ by headcount and setting.
A family day care home serves three to six children for more than three hours a day per child, and the operating cap matches: one caregiver may care for a maximum of six children younger than school age, or eight children when at least two of the eight are school aged.
The school-age exception lets a family day care home care for seven or eight children when no more than six are under school age and the school-agers attend before or after school or during school breaks, subject to OCFS inspection.
A group family day care home serves seven to twelve children of all ages, plus up to four additional school-age children before or after school.
The third category is not home-based at all: a small day care center is a non-residential program caring for three through six children for more than three hours a day per child.
Provider qualifications and training
A New York family day care provider must be at least 18 years old and have a minimum of either two years of experience caring for children under six years of age, or one year of experience plus six hours of training or education in early childhood development; the rule counts child-rearing as experience.
A group family day care provider meets the same minimum under the group rule part, 18 NYCRR 416.13.
Before OCFS issues an initial family day care registration, the applicant must complete a health and safety training course approved by OCFS that meets the federal preservice requirements.
Once a family day care home is operating, its provider, employees and volunteers each complete at least 30 hours of training every two years under 18 NYCRR 417.14.
The training rule we verified sits in the family day care part of the regulations, so ask OCFS what the group family day care rules require of group-home staff.
“have a minimum of either two years of experience caring for children under six years of age, or one year of experience caring for children under six years of age plus six hours of training or education in early childhood development.”
Background checks for you and your household
New York's child care background clearance includes a national criminal record check with the FBI.
It also covers the New York State Sex Offender Registry and the National Sex Offender Registry through NCIC, plus searches of other states' sex offender registries where the person lived during the preceding five years.
The rule extends to the household: it requires fingerprints for any person age 18 or older living in a family day care home or group family day care home, not only the provider.
“any person age 18 or older living in a group family day care home or family day care home”
Home inspection requirements
The rules we read tie inspection to specific moments rather than describing a checklist.
The clearest is the school-age exception: a family day care home may care for seven or eight children only subject to OCFS inspection, when no more than six are under school age and the school-agers come before or after school or during school breaks.
Our research did not confirm the inspection checklist OCFS applies to family day care homes, whether a visit to the home is required before registration, or how often the agency re-inspects.
Ask the agency what its review of a family day care home involves before you apply.
How to apply, fees and timeline
The training gate is the step the rules state plainly: before OCFS issues an initial family day care registration, the applicant must complete an OCFS-approved health and safety training course meeting federal preservice requirements (18 NYCRR 417.14).
Money and time are the gap: our research did not confirm New York's family day care application fee or its processing time, because OCFS's own pages were not reachable when we checked in October 2026.
Confirm the current fee, forms and application steps with the agency before you budget the application.
Hiring an assistant
For a group family day care home, an assistant is a rule requirement rather than a choice: the home must have at least one assistant to the provider present once care reaches seven or more children when none of the children are school age, or nine or more children when at least two are school-age.
Age mix tightens staffing in both home types, because there must be one caregiver for every two children under two years of age.
At a family day care home's standard count, one caregiver covers the room: a maximum of six children younger than school age, or eight when at least two of the eight are school aged.
Where a family day care home employs staff, its training rule counts employees and volunteers alike: each completes at least 30 hours of training every two years (18 NYCRR 417.14).
For a group family day care home, ask OCFS what it requires of the assistant beyond the count threshold — our sources verified the count, not a qualification list.
What This Page Does, and Doesn’t, Cover
This page summarizes the New York licensing rules, agency pages and other sources listed below, as read for this state-by-state home daycare license requirements series, current as of October 2026. It is not a substitute for the instructions the New York State Office of Children and Family Services (OCFS) publishes. For the rest of the picture in New York, see daycare licensing steps in New York.
Frequently Asked Questions
How many children can a home daycare have in New York?
A family day care home cares for three to six children for more than three hours a day per child.
It may care for seven or eight children only when no more than six are under school age and the school-age children come before or after school or during school breaks, subject to OCFS inspection.
A group family day care home serves seven to twelve children of all ages, plus up to four additional school-age children before or after school.
What are the requirements to open a family day care in New York?
You must be at least 18 and have two years of experience caring for children under six, or one year of experience plus six hours of training or education in early childhood development; the rule counts child-rearing as experience.
Before OCFS issues an initial registration, you complete an OCFS-approved health and safety training course that meets the federal preservice requirements.
The rule also requires fingerprints for every adult 18 or older living in the home.
How much training does a New York home daycare provider need?
Before the first registration, the applicant completes an OCFS-approved health and safety training course that meets the federal preservice requirements.
Once the home is operating, family day care providers, employees and volunteers each complete at least 30 hours of training every two years under 18 NYCRR 417.14.
Ask OCFS which courses satisfy the preservice and biennial training requirements.
Do all adults living in the home need a background check in New York?
Yes — the rule requires fingerprints for any person age 18 or older living in a family day care home or group family day care home, not just the provider.
New York's clearance includes a national criminal record check with the FBI, searches of the New York State Sex Offender Registry and the National Sex Offender Registry through NCIC, and searches of other states' registries where the person lived during the preceding five years.
How much does a home daycare license cost in New York?
Our research did not confirm a New York family day care application fee or a processing time; the OCFS pages we tried were not reachable when we checked in October 2026.
Confirm the current fee and application steps with the agency before you budget the application.
More New York Resources
Sources
- 18 NYCRR 413.2 — Child day care definitions (Cornell LII copy) (retrieved 2026-10-05)
- 18 NYCRR 413.4 — Background and criminal history checks (Cornell LII copy) (retrieved 2026-10-05)
- 18 NYCRR 416.13 — Group family day care provider qualifications (Cornell LII copy) (retrieved 2026-10-05)
- 18 NYCRR 417.8 — Family day care caregiver capacity (Cornell LII copy) (retrieved 2026-10-05)
- 18 NYCRR 417.13 — Family day care provider qualifications (Cornell LII copy) (retrieved 2026-10-05)
- 18 NYCRR 417.14 — Family day care training requirements (Cornell LII copy) (retrieved 2026-10-05)
- New York State Office of Children and Family Services — Child care (retrieved 2026-10-05)
Sourced from the documents listed above. Verified October 2026. This is career and employer information, not licensing or legal advice. Confirm current rules with the New York State Office of Children and Family Services (OCFS).