New York Daycare Ratios: Staff-to-Child Ratios and Group Sizes by Age
New York sets center staff-to-child ratios in 18 NYCRR 418-1.8, administered by the New York State Office of Children and Family Services (OCFS): one teacher to four infants ages 6 weeks to 18 months, one to five toddlers, one to seven three-year-olds, one to eight four-year-olds, one to nine five-year-olds and one to ten school-age children through age nine.
Each band also caps the group size, from 8 infants to 30 children ages 10 to 12.
Family day care homes run on separate caregiver caps.
Verify before you rely on this
At a glance
The New York State Office of Children and Family Services (OCFS), which sets center ratios in 18 NYCRR 418-1.8.
1 teacher to 4 infants, ages 6 weeks to 18 months; maximum group size 8.
1 teacher to 5 children, ages 18 months to 36 months; maximum group size 12.
1 teacher to 7 three-year-olds; maximum group size 18.
1 teacher to 8 four-year-olds; maximum group size 21.
1 teacher to 10 children through age 9 (group cap 20), and 1 to 15 for ages 10 to 12 (group cap 30).
Every age band carries a group cap alongside its ratio, from 6 infants under six weeks (OCFS approval required) to 30 children ages 10 to 12.
New York ratio rules at a glance
- Additional teacherRequirement
An additional group teacher or an assistant teacher is required whenever the number of children in a group dictates a second teacher to meet the ratio.
- Infants under six weeksRequirement
Care of infants under six weeks is outside the standard bands: a center may provide it only with OCFS approval, at one teacher to three infants and a maximum group of six.
- Continuity-of-care classroomsRequirement
In OCFS-approved continuity-of-care classrooms mixing children from 6 weeks to 36 months, the ratio and maximum group size follow the youngest child in the group.
- Solo supervision ageRequirement
No person under 18 may be left alone to supervise a group of children at any time, even in an emergency.
New York center ratios and group sizes by age
| Age group | Staff-to-child ratio | Maximum group size |
|---|---|---|
| Under 6 weeks (OCFS approval required) | 1 teacher to 3 | 6 |
| 6 weeks to 18 months | 1 teacher to 4 | 8 |
| 18 months to 36 months | 1 teacher to 5 | 12 |
| 3 years | 1 teacher to 7 | 18 |
| 4 years | 1 teacher to 8 | 21 |
| 5 years | 1 teacher to 9 | 24 |
| School age through 9 years | 1 teacher to 10 | 20 |
| 10 years to 12 years | 1 teacher to 15 | 30 |
Age bands follow 18 NYCRR 418-1.8(k); the under-6-weeks band applies only with OCFS approval.
What are the daycare ratios in New York?
New York's Office of Children and Family Services (OCFS) sets center ratios in 18 NYCRR 418-1.8(k).
One teacher covers four infants between 6 weeks and 18 months old, five children between 18 and 36 months old, seven three-year-olds, eight four-year-olds, nine five-year-olds, ten school-age children through age nine, or fifteen children ages 10 to 12.
Infants under six weeks sit outside the standard bands: a center may care for them only with OCFS approval, at one teacher to three infants and a maximum group of six.
One boundary matters for hiring in New York City: our research points to New York City group child care centers being permitted by the city Department of Health and Mental Hygiene under Health Code Article 47 rather than by OCFS, but we could not confirm that split in the rule text, and the City's staffing rules were not researched for this page — make confirming them a first question to the city agency.
“there must be one teacher for every four children; (ii) the maximum group size is eight children.”
Maximum group sizes by age
Each band in 18 NYCRR 418-1.8(k) carries a maximum group size alongside its ratio.
The caps run from 8 infants, to 12 toddlers, 18 three-year-olds, 21 four-year-olds and 24 five-year-olds, then 20 for school-age children through age nine and 30 for ages 10 to 12.
The two numbers answer different questions: the ratio decides how many teachers a group needs, while the group-size cap limits how many children that group may include at all.
Mixed-age and nap-time rules in New York
When children ages 3 to 5 share one group all day, the ratio and maximum group size that apply are those for the age of the majority of the children.
Infants are the strict case: except in OCFS-approved continuity-of-care classrooms, infants may never be mixed with other age groups.
In an approved continuity-of-care classroom, which mixes children from 6 weeks to 36 months, the ratio and group size follow the youngest child in the group.
On nap time, the rule text our research read sets ratios by age band and mixed-group rules, and no separate nap-time staffing rule surfaced, so ask OCFS how it applies the ratio while children nap.
“Except for office approved continuity of care classrooms, infants may never be mixed with other age groups.”
Who can count in ratio
New York's center staffing rules run on three titles — director, group teacher and assistant teacher.
Outside an emergency, only those three may supervise a group independently.
When the number of children in a group dictates a second teacher to meet the ratio, the rule requires an additional group teacher or an assistant teacher — the rule text allows either title for that second position.
The minimum age for any staff person is 16, but no person under 18 may be left alone to supervise a group of children at any time, even in an emergency.
The education and experience rules for the group-teacher and assistant-teacher titles sit in 18 NYCRR 418-1.13.
Home daycare capacity in New York
Home-based care runs on different caps from centers.
A family day care home serves three to six children, and a group family day care home serves seven to twelve, plus up to four additional school-age children before and after school.
In both home types there must be one caregiver for every two children under two years of age.
In a family day care home, one caregiver may care for at most six children younger than school age, or eight when at least two of the eight are school-aged.
A group family day care home must have at least one assistant present once it cares for seven or more children with no school-agers, or nine or more when at least two are school-age.
Staffing example for a typical center
Worked from the table, a center's rooms compute like this: an infant room at its maximum group of eight needs two teachers, because the band allows one teacher for every four children.
A toddler room of 10 needs two at 1:5, and a four-year-old room at the band's cap of 21 needs three — two teachers at 1:8 cover only 16 children.
The additional-teacher rule lets the second teacher be an assistant teacher; our research did not confirm which title the rule allows for a third.
For an all-day group mixing ages 3 to 5, the band that applies is the majority age's, so a room that is mostly four-year-olds staffs at 1:8 with the 21-child cap.
These are illustrations of how the rule computes, not a staffing plan; confirm any schedule with OCFS before you rely on it.
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 staff-to-child ratios 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 teacher requirements in New York and daycare licensing steps in New York.
Frequently Asked Questions
What is the infant ratio in New York daycares?
One teacher to four infants between 6 weeks and 18 months old, with a maximum group size of 8, under the OCFS center rules in 18 NYCRR 418-1.8.
Infants under six weeks are a separate band: a center may care for them only with OCFS approval, at one teacher to three infants with a maximum group of six.
How many toddlers can one teacher have in a New York daycare?
One teacher to five toddlers between 18 months and 36 months old, with a maximum group size of 12.
Past five toddlers the additional-teacher rule applies: once the group's size dictates a second teacher to meet the 1:5 ratio, that teacher can be an assistant teacher.
A group at the 12-child cap computes to three teachers.
Can a 16-year-old work at a daycare in New York?
Yes.
The minimum age for any staff person in a New York child day care center is 16.
No person under 18, however, may be left alone to supervise a group of children at any time, even in an emergency, and outside an emergency only a director, group teacher or assistant teacher may supervise a group independently.
A 16- or 17-year-old can therefore work in a center but is never left alone to supervise a group.
What is the ratio in a New York home daycare?
In a family day care home, one caregiver may care for at most six children younger than school age, or eight when at least two of the eight are school-aged.
Both family and group family day care homes must have one caregiver for every two children under two years of age.
A group family day care home, which serves seven to twelve children, must also have an assistant present at seven or more children with no school-agers, or nine or more when at least two are school-age.
Do New York daycares combine age groups?
When children ages 3 to 5 share one group all day, the ratio and maximum group size for the age of the majority of the children apply.
Infants are the exception: except in OCFS-approved continuity-of-care classrooms, infants may never be mixed with other age groups.
In an approved continuity-of-care classroom mixing children from 6 weeks to 36 months, the ratio and group size of the youngest child apply.
More New York Resources
Sources
- 18 NYCRR 418-1.8 — center ratios and supervision (Cornell LII) (retrieved 2026-10-05)
- 18 NYCRR 418-1.13 — center staff qualifications (Cornell LII) (retrieved 2026-10-05)
- 18 NYCRR 413.2 — child day care definitions (Cornell LII) (retrieved 2026-10-05)
- 18 NYCRR 417.8 — family day care capacity (Cornell LII) (retrieved 2026-10-05)
- OCFS child care pages — NYC group child care permit split (unverified; ocfs.ny.gov unreachable during research) (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).