Group Family Day Care Provider Handbook Pub. 4624

rev Jun 2006

Group Family Day Care Provider Handbook

New York State Office of Children and Family Services

produced under a contractual agreement by

SUNY Training Strategies Group

Group Family Day Care Provider Handbook

New York State Office of Children and Family Services

2006

produced under a contractual agreement by

SUNY Training Strategies Group

Table of Contents

Introduction ........................................................................ i

Managing and Administering Your Group Family Day Care Program.... 1

What is a Group Family Day Care Program?........................................ 1

Conditions and Standards of Your License.......................................... 3

Maintaining Compliance and Enforcing the Regulations......................... 6

Working with Your Licensor, Registrar or OCFS Staff...........................11

Your Group Family Day Care Business ..............................................16

Working with Assistants, Alternate Assistants and Substitutes in Your

Program....................................................................................31

Applying to Renew Your License .....................................................34

Resources..................................................................................36

Providing and Maintaining a Safe Environment Inside and Out.........37

Indoor Safety .............................................................................37

Outdoor Safety ...........................................................................44

Barriers ....................................................................................46

Safety Tools ..............................................................................47

Maintaining Program Capacity .......................................................49

Providing Competent Direct Supervision ...........................................51

Visitors to the Program ................................................................55

Transportation...........................................................................56

Pools ........................................................................................58

Pesticide Application ...................................................................61

Resources..................................................................................63

Fire Protection and Non-Medical Emergencies ............................ 64

Essential Inspections....................................................................64

Smoke Detectors and Fire Extinguishers ...........................................65

Evacuations ...............................................................................67

Notifying Local Authorities............................................................72

Resources..................................................................................73

Protecting and Promoting Children’s Health............................... 74

Children’s Health History..............................................................74

Immunizations and Lead Screening ..................................................75

Health Care Plans........................................................................79

Daily Health Check ......................................................................82

Illness and Planning for Medical Emergencies.....................................83

Administering Medication..............................................................86

Resources..................................................................................87

Reporting Child Abuse and Maltreatment...................................88

The Role of Mandated Reporters ....................................................88

Indicators of Possible Abuse and Maltreatment ..................................90

Making A Report .........................................................................91

Teaching Children About Personal Safety..........................................92

Resources..................................................................................94

Preventing the Spread of Germs.............................................. 95

Handwashing and Personal Hygiene .................................................95

Diapering and Toileting ................................................................97

Cleaning Routines........................................................................99

Safety Precautions Related to Blood.............................................. 100

Resources................................................................................ 101

Programming that Supports Growth and Development ................ 103

Multi-age Grouping .................................................................... 103

Providing Appropriate Experiences, Activities and Materials .............. 104

Napping, Resting and Sleeping ..................................................... 111

Discipline ................................................................................ 113

Resources................................................................................ 121

Offering Healthy Food ........................................................ 122

Meals and Snacks ...................................................................... 122

Sanitation and Eating Utensils ..................................................... 126

Feeding Infants......................................................................... 127

Resources................................................................................ 129

Working with Families ........................................................ 130

Communication......................................................................... 130

Enrolling Children ..................................................................... 132

Enrolling Infants Younger Than Six Weeks....................................... 135

Children with Special Needs......................................................... 136

Offering Support ....................................................................... 137

Relationships Between Families.................................................... 138

Supervision When Parents Are Present ........................................... 139

Using Surveillance Cameras ......................................................... 140

Resources................................................................................ 141

Growing as a Professional.................................................... 142

Training.................................................................................. 142

Professional Associations and Organizations ................................... 145

Keeping Track of Your Professional Growth .................................... 145

Resources................................................................................ 146

Appendix ........................................................................ 147

How Many Children May a Group Family Day Care Provider Care For? ... 148

Instructions for Doing a Daily Health Check ..................................... 149

Hand Washing That Kills Germs .................................................... 150

Sanitizing Bleach Solutions .......................................................... 151

Using Disposable Medical Gloves................................................... 152

Recommended Procedure for Changing a Diaper ............................... 153

Recommended Procedure for Cleaning and Sanitizing Potty Chairs ....... 154

Safety Precautions Relating to Blood ............................................. 155

Sample Emergency Telephone Numbers .......................................... 156

First Aid Kit Recommended Items.................................................. 158

OCFS Regional Offices ................................................................ 159

State Agencies and Organizations ................................................. 160

Starting a Business in New York State ............................................ 161

National Organizations............................................................... 162

Books and Publications ............................................................... 164

Group Family Day Care Provider Handbook Page i

Introduction rev Jun 2006

Introduction

As a group family day care provider, you will be eager to provide a high-quality program where children

have opportunities to grow, learn and thrive. Part of providing high-quality child care includes

complying with the group family day care regulations from the New York State Office of Children and

Family Services (OCFS). This Handbook will help you:

• understand how the regulations promote the health, safety and development of children in

your care;

• use the regulations as the foundation of your program; and

• gain resources that you can use to support the children and families with whom you work.

This Handbook is designed to be used along with the New York State OCFS group family day care

regulations and is based on the regulations published in 2006. There are two parts of the regulations:

• Part 416 Group Family Day Care Homes; and

• Part 413 Child Day Care Definitions, Enforcement and Hearings.

You can obtain a copy of the regulations from the Bureau of Early Childhood Services (BECS) of the New

York State Office of Children and Family Services or from the OCFS website at www.ocfs.state.ny.us

Keep in mind that regulations change periodically. Be sure you have the most up-to-date version of the

regulations.

Throughout this Handbook you will find references to your licensor, registrar, OCFS licensing staff and

fire safety representatives. These are individuals who work for the Office of Children and Family

Services (OCFS) and will work with you as they monitor your group family program for compliance with

the OCFS regulations.

Page ii Group Family Day Care Provider Handbook

rev Jun 2006 Introduction

Each section of the Handbook includes the related regulations along with an explanation and examples

written in clear, everyday language. Here is an example of what this looks like:

Equipment Safety

All equipment and materials in your home must be safe for

children to use. Be sure furniture and toys are free of rough

or ragged edges, sharp corners, small pieces that can be

taken off and broken parts. Remove any hazardous toys or

equipment until they can be repaired or thrown away.

The United States Consumer Products Safety Commission

provides up-to-date information on product safety and

recalls. They can be reached toll-free at 1-800-638-2772 or

at www.CPSC.gov.

416.5 (n) Materials and play equipment

used by the children must be sturdy and

free from rough edges and sharp corners.

↑

This column is the explanation and examples

of how to follow this regulation.

↑

This column contains the actual

regulation current when this

Handbook was printed.

At the end of the Handbook, you will find an Appendix with additional resources. Feel free to add your

own resources as well as notes to this document.

This Handbook was developed under the direction of the staff of the New York State Office of Children

and Family Services. Several licensed group family day care providers also offered helpful feedback and

comments.

We hope you find this Handbook to be a useful resource in your group family day care program.

Group Family Day Care Provider Handbook Page 1

Managing and Administering Your Group Family Day Care Program rev Jun 2006

Managing and Administering Your Group Family Day Care Program

As a licensed group family day care provider, you are better able to reduce risk and

prevent harm to children you enroll by complying with all regulations and laws

related to group family day care. The New York State Office of Children and Family

Services (OCFS) enforce these laws and regulations. As a regulated child care

provider, you have an on-going relationship with the New York State Office of Children and Family

Services (OCFS). Your licensor, registrar and other licensing staff such as fire safety representatives

work on behalf of OCFS to see that your program meets the requirements established in the

regulations.

This portion of the Handbook addresses how to manage and administer your program according to the

laws and regulations for licensed group family day care providers. We will explore what a group family

day care program is including the standards and conditions you must meet as a licensed child care

program, the importance of maintaining compliance with the regulations and the role of your licensor,

registrar, or other OCFS licensing staff. This section will also address some issues you should know

about as a business owner, working with assistants, alternate assistants and substitutes and finally,

renewing your license.

What is a Group Family Day Care Program?

Your licensed group family day care program will be a busy

place! Along with your assistant, you will generally care for

between 7 and 12* children in your home depending on the

maximum capacity for your program. This might include up to 4

children under the age of 2 years old.

* These numbers reflect the seven to twelve children

referenced in 413.2(j), plus one to two school-age

children in 413.2(j)(2)(v), if OCFS approves the

capacity with the additional school-age children. See

the chart titled, “How Many Children May a Group

Family Day Care Provider Care For?” on page 148

in the appendix.

You and your assistant must work together to ensure children

are safe and have opportunities for fun and appropriate

learning experiences. Your home must have enough room for

children to safely eat, play and conduct quiet activities like

413.2 (j) Group family day care home

means a residence in which child day

care is provided on a regular basis for

more than three hours per day per child

for seven to 12 children for compensation

or otherwise, except as provided below.

Such home must be operated by a

provider and have at least one assistant

present during the hours that care is

provided. The name, description or form

of the entity which operates a group

family day care home does not affect its

status as a group family day care home.

413.2 (j)(1) Age of children: A group

family day care home may provide care

for children six weeks through 12 years

of age; for children 13 years of age or

older who are under court supervision;

for children 13 years of age or older who

are incapable of caring for themselves

when such inability is documented by a

physician, psychiatrist or psychologist;

and, in extenuating circumstances, for

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rev Jun 2006 Managing and Administering Your Group Family Day Care Program

napping and doing homework. Outside the home, there must be

enough space and opportunities for all children to join in safe

active outdoor play and explore their environment. You and

your assistant also must collaborate with the families of all

children to see that the children’s needs are met and to foster

a sense of community.

To be a successful group family day care provider, you will

wear several different “hats.”

• You will be a caregiver.

You will interact with children and provide appropriate learning

experiences for their stage of development. You will have

realistic expectations about children’s behavior. Laughter will

come easily as you watch a child learn and grow. You will have

patience and energy needed to work with children of different

ages for many hours each day. Your on-going communication

with families will help build a sense of trust and collaboration.

• You will be a learner.

Participating in training will help you understand how children

develop and learn new skills. You will also meet other child

care providers who can offer support and resources. Learning

more about child care will keep you enthusiastic about your

profession. You will be eager to hear new ideas and try new

approaches.

• You will be a business owner.

You will hire and supervise staff, manage money, maintain

necessary files and keep your home in good repair. You will

comply with the laws and regulations that relate to your

business. You will understand how much families will depend on

you and your staff to keep your program running.

• You may also be part of a family.

You should understand that your group family day care program

affects others living in your home. Your family should be willing

to share you and your home with the children and families in

your program.

children under six weeks of age when

prior approval has been obtained from

the Office. Children who attain the

maximum age allowed during the school

year may continue to receive child day

care through the following September 1

or until they enter school for the

following year.

413.2 (j)(2)(v) An additional two children

who are of school-age may be provided

care if: the additional school-age

children attend kindergarten or a school

grade level higher than kindergarten;

and the school-age children receive the

care primarily before or after the period

such children are ordinarily in school,

during school lunch periods, on school

holidays, or during those periods of the

year in which school is not in session.

Group Family Day Care Provider Handbook Page 3

Managing and Administering Your Group Family Day Care Program rev Jun 2006

Conditions and Standards of Your License

Your license is issued to you only after OCFS has determined

that your program is in compliance with laws and New York

State Group Family Day Care regulations. Your license is in

effect for two years, unless OCFS determines that you have not

followed the regulations or related laws. When you apply for

your license, you agree to meet the conditions and standards of

keeping your license. Be sure you and your assistant know the

regulations and have copies ready to share with parents.

You must display your license where anyone who enters your

program can see it. Also have copies of any waivers that have

been approved by OCFS. Waivers are explained in more detail in

the “Maintaining Compliance and Enforcing the Regulations”

section later in this portion of the Handbook.

416.15 (a)(1) Each group family day care

home must obtain a license from the

Office and must operate in compliance

with the regulations of the Office and all

other applicable laws and regulations.

No person or entity may operate a group

family day care home without a license

from the Office.

416.15 (b) Conditions which apply to

group family day care licensure are as

follows:

416.15 (b)(1) No license will be issued

unless the provider is in full compliance

with the regulations of the Office and all

other applicable laws and regulations

except where a waiver of one or more

requirements of this Part has been

approved in writing by the Office in

accordance with section 413.5 of this

Title;

416.15 (a)(2) Each group family day care

home which has been issued a license by

the Office must openly display such

license in the home for which it was

issued and must provide upon request

information concerning any waivers that

have been approved by the Office;

416.15 (a)(4) The provisions specified on

the license are binding and the group

family day care home must operate in

compliance with the terms of the license.

The number and age range of children

specified thereon are the maximum

number and age range of children who

may be in the care of the group family

day care home at any one time.

416.15 (b)(2) The effective period of the

initial license for a group family day care

home and any subsequent licenses will be

up to two years each so long as the

provider remains in compliance with

applicable laws and regulations during

such periods;

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Another condition of your license is that you and any assistants

stay up to date with OCFS training requirements. Not doing so

could jeopardize the license for your program. When you apply

to renew your license, you will need to submit records of

training you have participated in during your licensing period.

More details about your training requirements are included in

the “Growing as a Professional” section in this Handbook.

Your license is issued by OCFS and is for you and for your home.

You cannot “give” it to another provider or “move” it to

another home. If you move, change the name of your program

or ask someone else to operate your group family day care

home, your license is no longer valid and a new application

must be submitted to your licensing office. If you plan to move,

change the name of your program or you ask someone else to

operate your group family day care home, you need approval

from OCFS first.

If you are going to operate your program 24 hours a day, then

you will have to have more than one assistant to work with you.

Neither you, your assistant or alternate assistant may work

more than two consecutive shifts and the children you enroll

cannot be with you for 24 hours at a time.

There are specific times when you must notify your licensor or

registrar. These times include:

• any time there is a change of assistants or alternate

assistants;

416.15 (b)(4)Group family day care

homes required to be licensed with the

Office will not be exempt from this

requirement through registration with

another State agency or certification,

registration or licensure by any local

governmental agency or authorized

agency; and

416.15 (b)(2)(i) If a provider, assistant,

or alternate assistant has not met the

training requirement specified in section

416.14 of this Part, a subsequent license

may be issued for a period of up to one

year following the completion of an

acceptable inspection of the group family

day care home;

416.15 (b)(2)(ii) No more than one such

limited renewal may be issued in

succession;

416.15 (a) Group family day care homes

must comply with the following

standards:

416.15 (b)(3) A license is not

transferable to any other provider or

location

416.15 (a)(3) A new application for a

license must be submitted to the Office

when there is a change in the name,

address, or operator, when the operator

will be providing an additional shift of

care, when reinstatement of a withdrawn

application is sought, or when a license

is sought following the Office’s

revocation of, or denial of an application

to renew, a license.

416.15 (a)(5) If a group family day care

home will operate 24 hours a day, there

must be more than one caregiver.

Individual children must be cared for less

than 24 hours a day. No caregiver may

work more than two consecutive shifts.

416.15 (a)(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 in which the

program is located or which are used for

the children’s egress in the case of

Group Family Day Care Provider Handbook Page 5

Managing and Administering Your Group Family Day Care Program rev Jun 2006

• any change that affects or will be likely to affect

portions of the building where you have your program,

or portion of the building you may use as an evacuation

exit in the case of an emergency;

• any change in family composition (some examples: your

child moves back home with you temporarily, your

recently widowed father-in-law moves into your home;

you become a foster parent; your child turns 18);

• significantly expanding your hours of operation;

• any other change that would place your home out of

compliance with the regulations; and

• if a death, serious injury or communicable disease of a

child enrolled in your program occurs while that child

is in your care or being transported by you.

To maintain your license, you will regularly submit information

about your health and the health of your assistants and anyone

living in your home. You will need to document this with health

statements when you apply for and renew your license. You will

also do this if your family composition changes. In addition, you

and your staff and the members of your household must be of

good character and habits.

You and your assistants cannot be under the influence of

alcohol or controlled substances when children are in care.

Smoking is not allowed in any area, indoors or out when

children are present. This includes smoking by you, anyone who

works with you, members of your household or anyone else who

comes into your program.

emergency; any change in family

composition; and any other change that

would place the home out of compliance

with applicable regulations;

416.15 (a)(14) 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;

416.11 (b) The provider, assistant and

any alternate assistant must each submit

a statement from a health care provider

at the time of application for licensure

and renewal of license. Such statement

must give satisfactory evidence that the

individual is physically fit to provide

child day care, has no diagnosed

psychiatric or emotional disorder which

would preclude such individual from

providing child day care, and is free from

communicable disease. The medical

statement also must include the results of

a Mantoux tuberculin test on the

provider, assistant and alternate

assistant performed within the 12 months

preceding the date of the application.

416.11 (c) The provider must retain on

file in the group family day care home a

statement from a health care provider for

each person residing in the group family

day care home. Such statement must be

completed within 12 months preceding

the date of the application and must state

that the person residing in the home has

no health conditions which would

endanger the health of children receiving

day care in the home.

416.15 (a)(6) The caregivers and all

members of the household must be in

good health and be of good character

and habits.

416.11 (d) Consumption of, or being

under the influence of, alcohol or

controlled substances by any caregiver is

prohibited. Smoking in indoor areas, in

outdoor areas in use by children and in

vehicles while children are being

transported is prohibited.

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rev Jun 2006 Managing and Administering Your Group Family Day Care Program

If someone who is eighteen or older moves into your home you

have five days to send into your licensing office the completed:

• Statewide Central Register (SCR) clearance forms that

are used to determine if that person is the subject of

an indicated report of child abuse or maltreatment; and

• fingerprint card that is needed to complete the criminal

history review.

Finally, if your group family day care program doesn’t meet

these conditions and standards of your license, OCFS can deny

your renewal application. If this occurs, you have a right to a

fair hearing where you can explain your situation before a final

decision is made.

416.15 (a)(19)(i) If a person eighteen

years of age or older begins to reside at

the premises where the group family day

care home is located, the provider must

within five days of such person beginning

to reside at the premises:

416.15 (a)(19)(i)(a) submit the Statewide

Central Register clearance forms

necessary to complete required screening

by the Statewide Central Register of

Child Abuse and Maltreatment to

determine if the person is the subject of

an indicated report of child abuse or

maltreatment; and

416.15 (a)(19)(i)(b) submit the necessary

fingerprint card necessary to complete

the criminal history review required

pursuant to section 413.4 of this article.

416.15 (b)(5) Before denial of an

application for licensure or renewal of

licensure, the provider is entitled to a

hearing before the Office pursuant to

Part 413 of this Title.

Maintaining Compliance and Enforcing the Regulations

The New York State Office of Children and Family Services

(OCFS) regulations for group family day care providers are in

place to better protect the health and safety of children in your

program. As a licensed group family day care provider, you

agree to abide by these regulations.

If you do not comply with the regulations, OCFS has the

authority to take specific actions to maintain the well-being of

the children in your care. These actions can also be taken if

your program fits the definition of a group family day care

program but you are not licensed. Throughout the process, you

have specific legal rights as well as opportunities to explain

issues from your perspective. If there are compliance issues

with your program, carefully consult the most up-to-date

413.3 (c)(1) Any violation of applicable

statutes or regulations will be a basis to

deny, reject, limit, suspend, revoke or

terminate a license or registration.

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Managing and Administering Your Group Family Day Care Program rev Jun 2006

regulations. Keep in mind that this Handbook is not intended to

be an all-inclusive procedure manual or offer legal

recommendations. When dealing with compliance or

enforcement actions, you may want to work with other

professionals for advice.

Inspections

One way that OCFS assesses your program to determine if you

are following regulations is through inspections. Inspections

might be unannounced or you may be notified ahead of time. As

a group family day care provider, you have agreed to allow your

licensor, registrar, fire safety representative, or other person

designated by OCFS to come into your home at any time when

children are in your care. Inspectors must be given access to

your home, the day care children, other caregivers and any day

care records contained in the home.

Inspections will focus on those areas used by children in your

program. However, you must allow access to all areas of your

home, even those not used by children. This will enable

inspectors to determine if your home is a safe and healthy

environment for children, that your program is not over

capacity and that children are supervised appropriately.

There are different reasons why your home will be inspected:

• Initial and Renewal Inspections. The application process

to become a licensed group family day care provider

includes an inspection of your home. The inspection is

done by your licensor, registrar, OCFS staff member or

other person designated by OCFS. An inspection also

takes place when you renew your license.

• Routine Inspection.

• Complaint Investigations. If OCFS receives a complaint

about your program, the required inspection is a

complaint investigation. These inspections are never

announced and the investigation of a complaint

requires a licensor, registrar or OCFS staff to address

413.3 (g)(1)The Office, through duly

authorized representatives or agents of

the Office, may make announced or

unannounced inspections of the records

and premises of any child day care

provider, whether or not such provider is

licensed by or registered with the Office.

To the maximum extent possible, the

Office will make unannounced

inspections of the records and premises

of any child day care provider after the

Office receives a complaint that, if true,

would indicate such provider does not

comply with the regulations of the Office

or with statutory requirements.

413.3 (g)(2) Child day care providers

must admit inspectors and other

representatives of the Office onto the

grounds and premises at any time during

their hours of operation or while children

are in care for the purpose of conducting

inspections. Such inspectors and

representatives must be given free access

to the building or buildings used by the

provider, staff and children, and to any

records of the provider.

416.15 (a)(10) A group family day care

home must admit inspectors and other

representatives of the Office onto the

grounds and premises at any time during

the hours of operation of the home. Such

inspectors and representatives must be

given free access to the building, the

caregivers, the children and any records

of the home. A group family day care

home must cooperate with inspectors and

other representatives of the Office in

regard to any inspections or

investigations that are conducted by the

Office or its representatives. A group

family day care home also must

cooperate with local Child Protective

Services Staff conducting any

investigation of alleged child abuse or

maltreatment;

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each aspect of the complaint.

• Changes to Your Program. If you make certain changes

in your program, you’ll need to have an inspection. This

could be because you are requesting approval to:

o use an area of your home for day care that was

previously not used by the children; or

o use space that was remodeled or has had major

alterations. Depending on the specific change,

you may also need to have fire safety

representatives inspect basements and have

environmental hazard checks done.

Waivers

In a few specific situations, you may want to comply with an

individual requirement in the regulations in a different way. Or,

you may have a good reason to be temporarily excused from a

regulation, assuming you can comply with the intent of the

regulation and ensure the safety of your day care children. The

permission to do this is called a waiver and is approved by

OCFS. If you wish to obtain a waiver, you must submit a request

in writing to your licensor, registrar or OCFS staff. It must then

be approved by an OCFS Regional Manager BEFORE you may

begin to use this approved exception to the regulations.

416.2 (e) Applicants for a renewal of a

license may not be issued a licensed until

an inspection of the group family day

care home has been conducted showing

compliance with the requirements of this

Part and the relevant provisions of the

Social Services Law.

413.6 (a) A written waiver of one or more

non-statutory requirements of this Part

or of Parts 414, 416, 417 or 418 may be

issued by the Office to an applicant or a

provider at the time of application or

subsequent to the issuance of a license or

registration. Providers who have been

issued a license or registration must

operate in full compliance with the

regulations at all times prior to the

issuance of a written waiver.

413.6 (b) An applicant or provider must

submit to the Office a written request for

a waiver on forms provided by the Office,

or approved equivalents. This written

application must include:

413.6 (b)(1) the specific regulation for

which a waiver is sought;

413.6 (b)(2) the reason the waiver is

necessary; and

413.6 (b)(3) a description of what will be

done to achieve or maintain the intended

purpose of the regulation and to protect

the health, safety and well-being of

children.

413.6 (c) The Office may require the

provider to make physical plant

modifications or adopt special methods

or procedures to protect the health,

safety and well-being of children before a

waiver is granted pursuant to this

subdivision.

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Corrective Actions

If it is determined that you are not complying with the

regulations, OCFS will take steps to enforce the regulations.

The actions taken by OCFS staff depend on many factors

including what you have done or failed to do, as related to the

regulations. You will be asked to develop a specific plan in

order to correct the problem or problems called a corrective

action plan. The goal of the corrective action plan is to bring

your day care program into compliance with the regulations and

keep children safe. The Corrective Action Plan includes a time

frame for making the correction.

Enforcement

If you don’t follow through on the corrective actions identified

after a complaint investigation within the specified time frame

or a child is injured or at risk of being injured, OCFS will take

additional enforcement action. You will receive an enforcement

letter informing you of the action which can include:

• closing your program;

• setting limitations on your program until the problem

can be resolved; and

• fining you up to $500 per day until the problem is

resolved.

413.6 (d) Written approval for a waiver

will be granted only upon a

determination by the Office that the

proposed waiver will not adversely affect

the health, safety or well-being of

children, and that the purpose of the

regulation which is waived will be met.

Waivers may be time limited, at the

discretion of the Office.

413.6 (e) Failure to adhere to the terms

of the waiver will result in rescission of

the waiver and may constitute sufficient

cause for the Office to deny, revoke,

suspend or limit a license or registration.

413.3 (a) Types of Enforcement Actions.

Enforcement actions which may be

undertaken by the Office include, but are

not limited to:

413.3 (a)(1) issuance of written

inspection reports which include

corrective action plans and notices of

intention to initiate enforcement through

the imposition of a fine or the limitation,

suspension, termination or revocation of

a license or registration;

413.3 (a)(2) meetings or telephone

conversations between a provider and the

Office to discuss corrective action plans;

413.3 (a)(3) the holding of hearings to

determine if a provider has failed to

comply with applicable law and

regulation;

413.3 (a)(4) determinations, after

hearings, that civil penalties should be

imposed;

413.3 (a)(5) determinations to deny,

reject, revoke, terminate, suspend or limit

a license or registration;

413.3 (a)(6) issuance of orders to cease

and desist operation of day care services,

commissioner's orders, or orders

approved by a justice of the Supreme

Court, requiring a provider to

immediately remedy conditions

dangerous to children receiving child day

care;

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Fair Hearings

In each enforcement situation, you are entitled to have a

hearing with OCFS. This is referred to as a “fair hearing.” It is a

legal proceeding. You may choose to have your own legal

representative present during this process or you may also

choose to represent yourself.

Keep in mind that this Handbook is not intended to be an all-

inclusive procedure manual or offer legal recommendations.

When dealing with compliance or enforcement actions, you may

want to work with other professionals for advice.

Refer to the most current Regulations for specific details

about the enforcement of regulations.

413.3 (a)(7) temporary suspension or

limitation of a license or registration

upon finding that the public health or

child's safety or welfare are in imminent

danger;

413.3 (a)(8) requests to the Attorney

General to seek injunctive relief against

providers for violations or threatened

violations of law or regulation;

413.3 (a)(9) requests to the Attorney

General to take such action as is

necessary to collect civil penalties, seek

criminal prosecution, or to bring about

compliance with any outstanding hearing

decision or order; or

413.3 (a)(10) publication in local

newspapers of the names and addresses

of child day care providers whose

licenses, registrations or applications for

licensure or registration have been

rejected, denied, limited, suspended,

terminated or revoked, or against whom

a fine has been assessed after an

administrative hearing.

413.3 (c)(3) Before a license or

registration is revoked or terminated, or

when an application for a license or

registration is denied or rejected, the

applicant for or holder of such license or

registration is entitled to a hearing

before the Office.

413.3 (c)(4) The request for such hearing

must be made in writing within 30 days of

the receipt of written notice of the

revocation, termination, denial or

rejection.

413.3 (c)(5) The revocation, termination,

denial or rejection will become final if

the applicant or holder fails to request a

hearing within the 30 day period.

413.5 (a) Revocation, Termination

413.5 (a)(1) For a hearing held to review

the revocation, termination, suspension,

limitation, rejection or denial of a license

or registration, the notice must specify

the date, time and place of the hearing,

the manner in which the hearing will be

conducted, the proposed action and the

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charges which are the basis for the

proposed action. The charges must

specify the statutes, rules and regulations

with which the provider failed to comply

and must include a brief statement of the

facts pertaining to each violation.

413.5 (a)(2) Any provider who is directed

to cease and desist operations pursuant

to Section 390(3) (b) of the Social

Services Law shall be entitled to a

hearing before the Office. Upon request,

a hearing must be scheduled to

commence as soon as possible but in no

event later than 30 days after receipt of

the request by the Office. A provider shall

not operate a day care program after

being directed to cease and desist

operations, regardless of whether a

hearing is requested. If the provider does

not cease operations, the Office may

impose a civil penalty pursuant to

subdivision eleven of Section 390 of the

Social Services Law, seek an injunction

pursuant to SSL 391 of the Social

Services Law, or both.

413.5 (b) Fines. For a hearing held to

assess a fine against a provider, the

notice of hearing must specify the date,

time and place of the hearing, and the

manner in which the hearing will be

conducted, and must include a statement

of charges.

Working with Your Licensor, Registrar or OCFS Staff

Your licensor, registrar or other OCFS staff such as fire safety

representatives have the responsibility of monitoring your

program to determine if it meets the requirements established

in the regulations. Like you, these professionals have a serious

responsibility to keep children safe and healthy and to promote

each child’s growth and development. You can expect that your

licensor or registrar and other OCFS staff will work with you to

help your program comply with regulations.

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Licensors, registrars and OCFS staff will use a variety of skills,

tools and inspection checklists to periodically evaluate your

physical environment and what you and your assistant do with

children. Ask your licensor or OCFS staff for a copy of their

routine inspection checklist. Also ask for time to talk about

what they observed whenever they visit your program.

If there are problems, your licensor or registrar will take

specific steps to address the problem. Depending on the

situation, these steps might include providing you with

resources such as written materials or connecting you with

professionals who can assist you. It may involve developing a

corrective action plan of specific tasks you need to accomplish

along with a timeline for completing them. In some instances,

the step your licensor or registrar will take includes closing your

program in order to enforce the regulations and protect the

children in your care. See the “Maintaining Compliance and

Enforcing the Regulations” section in this Handbook for more

information on enforcement issues.

Get to know your licensor or registrar. You are both working

together to protect the health and safety and promote the

positive development of each child enrolled in your group

family day care program. He or she can be a very valuable

resource for you and the children in your care.

Access to Your Program and Records

Your licensor or registrar and other OCFS staff are all working

together to help protect the well-being of children in your

program and to help you comply with the regulations. To do

this, they need access to your program and to records related

to your program.

When your licensor or registrar comes to your group family day

care home, they will evaluate your home, especially those

areas used by children in your program. However, you must

allow access to all areas of your home, even those not used by

416.15 (a)(10) A group family day care

home must admit inspectors and other

representatives of the Office onto the

grounds and premises at any time during

the hours of operation of the home. Such

inspectors and representatives must be

given free access to the building, the

caregivers, the children and any records

of the home. A group family day care

home must cooperate with inspectors and

other representatives of the Office in

regard to any inspections or

investigations that are conducted by the

Office or its’ representatives. A group

family day care home also must

cooperate with local Child Protective

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children. This will enable them to determine whether or not:

• your home is a safe and healthy environment for

children;

• your program has more children than the maximum

capacity; and

• children are supervised appropriately.

Your licensor or registrar will also need to have access to

records related to your program. When setting up a record

keeping system, consider how you will access the information in

your records while continuing to provide supervision to the

children in your care. You might want to use a portable filing

system that can be locked to keep these records confidential.

For example, a portable crate or an expandable movable file

box could be used. Your files need to be kept in the day care

program area during day care hours.

Licensors and registrars will have access to records that you will

not share with anyone else without parental permission. Here is

a list of what you need to have on file, readily accessible when

they come to your home:

• a copy of the evacuation plan on forms furnished by

OCFS or approved equivalents;

• an approved health care plan on forms furnished by

OCFS or approved equivalents;

• a list of the names, addresses, gender and birth date of

each child enrolled in your program;

• a list of parents’ names, addresses, telephone numbers

and places where they can be reached in an

emergency;

• a list of the names and addresses of the people

authorized to take the child(ren) from your home;

• daily attendance records;

• children’s health records that include:

o parent’s consent for emergency medical treatment;

o evidence of health examinations and

Services’ Staff conducting any

investigation of alleged child abuse or

maltreatment;

416.15 (a)(7) Information relating to an

individual child is confidential and

cannot be disclosed without written

parental permission to anyone other than

the Office, its designees or other persons

authorized by law. Information relating

to an individual child may be disclosed to

a social services district where the child

receives a day care subsidy from the

district, where the child has been named

in a report of alleged child abuse or

maltreatment, or as otherwise authorized

by law. Redisclosure of confidential HIV-

related information, as defined in section

360-8.1 of this Title, concerning a child

receiving family day care is not permitted

except in a manner consistent with article

27-F of the Public Health Law;

416.15 (c) The provider must maintain on

file at the group family day care home,

available for inspection by the Office or

its designees at any time, the following

records in a current and accurate

manner:

416.15 (c)(1) a copy of the evacuation

plan, on forms furnished by the Office or

approved equivalents, as required in

section 416.5 of this Part;

416.15 (c)(2) an approved health care

plan on forms furnished by the Office or

approved equivalents as required in

section 416.11 of this Part;

416.15 (c)(3) the name, address, gender,

and date of birth of each child and each

child’s parents' names, addresses,

telephone numbers and place(s) at which

parents or other persons responsible for

the child can be reached in case of an

emergency;

416.15 (c)(4) the names and addresses of

persons authorized to take the child(ren)

from the family day care home;

416.15 (c)(5) daily attendance records;

416.15 (c)(6) children's health records,

including parental consents for

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immunizations;

o any available results of lead screening;

o a record of illness, injuries and any indications of

child abuse or maltreatment;

o the name and dosage of any medication used by a

child and the frequency of administration of such

medication;

• health statements for yourself, your assistant and any

alternate assistant completed within the 12 months

before the renewal is due;

• a statement regarding the health of all the people

living in your family day care home completed within

the 12 months before the renewal is due;

• a plan of program activities;

• a list of alternate assistants and substitutes who are

available to care for the children when you or your

assistant must be absent;

• documentation of completed training;

• a copy of the notification form you sent to the local

police and fire departments or the county sheriff

explaining where you live and what you do; and

• a copy of the certification that the residence and the

surrounding neighborhood and environment are free

from environmental hazards.

If you have a wood or coal burning stove, fireplace or

permanently installed gas space heater that you use in your

group family day care home, you must get a report of

inspection and approval performed within the 12 months before

the date that your license is due to be renewed.

In addition, if you have a private water supply you must also

have a report from a state licensed laboratory or individual,

based on tests performed within the 12 months before the date

when the renewal is due, showing that the water meets

standards for drinking water established by the New York State

emergency medical treatment; evidence

of health examinations and

immunizations; any available results of

lead screening; the name and dosage of

any medications used by a child and the

frequency of administration of such

medications; and a record of illnesses,

injuries, and any indicators of child

abuse or maltreatment;

416.15 (c)(7) health statements for the

provider, assistant and alternate

assistant completed within the 12 months

preceding the date of the application for

licensure or renewal, as required in

section 416.11 of this Part;

416.15 (c)(8) a statement regarding the

health of all persons residing in the

group family day care home completed

within the 12 months preceding the date

of the application for renewal, as

required in section 416.11 of this Part;

416.15 (c)(9) a plan of program

activities, as required in section 416.7 of

this Part;

416.15 (c)(12) a list of alternate

assistants and substitutes who are

available to care for the children in the

group family home when the provider or

assistant must be absent;

416.15 (c)(13) documentation of training

sessions attended in accordance with

section 416.14 of this

Part;

416.15 (c)(15) a copy of the notification

form provided to the local police and fire

departments or the county sheriff as

required in paragraph (18) of subdivision

(a) of this section; and

416.15 (c)(16) a copy of the certification

that the residence and the surrounding

neighborhood and environment are free

from environmental hazards, as required

in paragraph (13) of subdivision (a) and

paragraph (6) of subdivision (d) of

section 416.2 of this Part.

416.15 (c)(10) a report of inspection and

approval performed within the 12 months

preceding the date of the application for

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Department of Health; or if the water does not meet such

standards, a description of how water for all purposes will be

provided by another method acceptable to the Department of

Health.

When your group family day care home is incorporated you

must also have on file:

• a copy of the certificate of incorporation and any

amendments;

• verification of filing of the certificate of incorporation

and any amendments with the Secretary of State;

• a current list of the names of the board of directors and

their addresses; and

• telephone numbers of the current principal officers of

your board of directors and members along with their

business and civic qualifications.

licensure or renewal by local authorities

of any wood or coal burning stove,

fireplace or permanently installed gas

space heater in use at the home;

416.15 (c)(11) where a provider uses a

private water supply,

416.15 (c)(11)(i) a report from a state

licensed laboratory or individual, based

on tests performed within the 12 months

preceding the date of application for

licensure or renewal of licensure,

showing that the water meets standards

for drinking water established by the New

York State Department of Health; or

416.15 (c)(11)(ii) if the water does not

meet such standards, a description of

how water for all purposes will be

provided by another method acceptable

to the Department of Health;

416.15 (c)(14) when the group family day

care home is incorporated, the following

additional documentation:

416.15 (c)(14)(i) a copy of the certificate

of incorporation and any amendments

thereto;

416.15 (c)(14)(ii) verification of filing of

the certificate of incorporation and any

amendments thereto with the Secretary of

State; and

416.15 (c)(14)(iii) a current list of the

names of the board of directors and their

addresses, telephone numbers of the

current principal officers and members,

and the business and civic qualifications

of all such individuals;

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Your Group Family Day Care Business

When wearing your business owner “hat,” there are many

things to consider.

Naming Your Business

Many providers operate under their own names, while others

prefer to select a business name for their group family day care

business. Depending on the name you use for your business, you

might need to file specific paperwork.

• Operating Under Your Own Name

If you use your real name, you don’t need to file any special

papers. However, if you use your own name, it’s a good idea to

obtain a Federal Tax ID number. You can give this number to

the families you do business with, rather than giving out your

Social Security number. If you want to give your business a

different name, you need to form an organization or file “Doing

Business As” (DBA) papers. (See “Operating Under a Corporation

Name” and “Operating Under an Assumed Name,” below.)

• Operating Under a Corporation Name

If you form a corporation, partnership, limited partnership,

limited liability company (LLC) or unincorporated association,

you need to use that organization’s real name as the name for

your business, unless you file DBA papers. (See “Operating

Under and Assumed Name,” below.) When you form that

organization, you’ll need to obtain a Federal Tax ID number.

What if your corporation operates more than one child care

location and one of your sites closes (for example, because

building lease ends)? Can you “transfer” the closed site’s name

to another of your existing sites? It depends.

 If you’re using the organization’s same corporate

name as the name of the business, no transfer of

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name is necessary, since in this case, there’s no

DBA involved (because you’re already using the

organization’s real name, not an assumed name).

 If the move involves changing the corporation name

that operates a particular site, you need to obtain a

new license so the corporation name will be listed

correctly on the license.

 If there’s no change of the corporation name that

operates the program, but you’re changing the

assumed name that the program at the second site

will be operating under, you need to cancel the DBA

for the site you’re closing and obtain a new DBA

certificate for doing business at the second

(existing) site. You’ll also need to contact your

licensor so a revised license can be issued to reflect

the new operating name. (See “Operating Under an

Assumed Name,” below.)

• Operating Under an Assumed Name

If you decide to use any name other than your real name, you

are required by law to file DBA papers with the county clerk’s

office of each county in which you will to conduct business

under the assumed name. If you only have one location (or if all

of your locations are in the same county), you only need to file

DBA papers in that county. If you move that existing location

from one county to another, you’ll need to file new DBA papers

in the new county.

If you formed a corporation, partnership, limited partnership,

LLC or unincorporated association and you want to operate

under a name other than the corporation’s real name, you need

to file DBA papers with the NYS Department of State. That filing

automatically covers every county where you might operate

your business under that assumed name (such as “XYZ Child

Care”) in New York State.

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If your corporation operates multiple sites and wants each site

to have a different name (such as “XYZ Child Care North” and

“XYZ Child Care South,”) you need to file a separate DBA with

the NYS Department of State for each assumed name.

For more information, see “Starting a Business in New York

State” in the appendix of this guide.

Insurance

You are not required by law to have liability, property damage

or other types of business insurance, but very few businesses

can realistically operate without some form of coverage. The

most important types of insurance a small business like your

own should have include general liability insurance and

property insurance. In some situations, life insurance may also

be valuable.

• General Liability

Your group family day care business - and in many cases, you

personally - can be sued if someone is injured or property is

damaged either while on your business premises or as a result

of your business operations. Liability for damages may be due

to negligence, imposed by law or assumed by contract.

A liability insurance policy typically pays for legal defense

against a lawsuit. And, if it is determined that you are legally

responsible and must pay damages, most policies will pay for all

or part of those damages. The amount of money your policy will

pay depends on the specific terms of your policy. To insure the

broadest possible protection of your assets, have an insurance

professional negotiate the specific coverage for your group

family day care.

• Property

Property insurance protects your business against loss caused by

the destruction of a part or all of your property by fire,

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windstorm, explosion, falling aircraft, riot and other disasters.

See your insurance professional if you have questions about

what insurance plan best meets your needs.

Getting the Insurance You Need

You should have your insurance placed with a company licensed

in New York State if you want the full protection of the State's

insurance law. To get the best coverage for your particular

situation, discuss your needs with a New York State-licensed

insurance agent or broker.

The New York State Department of Insurance supervises all

insurance business in New York State. For more information,

contact the New York State Department of Insurance, Empire

State Plaza, Agency Building 1, Albany, NY 12257, 518-474-

6600.

To find insurance companies that offer coverage to meet your

needs, you may also want to contact your local child care

association, child care council and the Family Child Care

Association of New York State (FCCANYS) and the New York

State Insurance Fund. See the Appendix in this Handbook for

contact information.

Workplace Laws

If you hire an assistant or have another adult working with you

in your program, you bring a new level of complexity into your

business. You need to become familiar with federal and state

employment laws that will affect your business. One of these

laws is a New York State Workers’ Compensation Law.

• Workers' Compensation Law

According to New York State Workers’ Compensation Law, you

must obtain workers’ compensation insurance before putting

employees to work. Personal injuries that occur during the

course of working for you and deaths resulting from such

416.15 (a)(1) Each group family day care

home must obtain a license from the

Office and must operate in compliance

with the regulations of the Office and all

other applicable laws and regulations.

No person or entity may operate a group

family day care home without a license

from the Office;

416.2 (d)(3) Certification, on forms

provided by the Office, that the applicant

is providing workers compensation in

accordance with the requirements of New

York State law;

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injuries are compensable under this law. You need to provide

OCFS with documents verifying that you have this coverage.

Information about workers’ compensation insurance is available

from the New York State Workers’ Compensation Board at

1-800-353-3982 or www.wcb.state.ny.us.

• Disability Benefits

The New York Disability Benefits Law (NY DBL) is a part of the

New York State Workers' Compensation Law. Disability benefits

are paid to employees who are unable to work because of

illness or injuries that happen away from your program. These

benefits are paid through your disability insurance coverage. If

you employ one or more employees (in covered employment)

for 30 days in any calendar year, then you must get disability

benefit insurance. Visit the New York State Insurance Fund

website (www.nysif.com) for more information.

• Unemployment Insurance

When you begin a business in New York State and hire one or

more employees, you must register with the New York State

Department of Labor Unemployment Insurance Division to

determine if you are liable for unemployment insurance in New

York State. To register as an employer, you will need to

complete and mail the appropriate form to the NYS Department

of Labor. See the Appendix of this Handbook for contact

information.

Knowing about the laws and regulations that affect you as an

employer is vitally important to maintaining a successful

business. A good time to review federal and state employment

laws is whenever you add new employees. Below are some

suggestions for dealing with the different workplace laws.

1. Keeping informed is the first step in

understanding the current laws, regulations,

benefits, and other employee-related information

that may impact the workplace. This information is

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available from the State/Federal Departments of

Labor, the Equal Employment Opportunity Centers,

your attorney, accountant, trade associations,

and/or insurance agent.

2. Documentation and recordkeeping are the most

important protective steps you can take as an

employer. Document, in writing, all employee

performance and problems.

3. Create an employee manual outlining policies

and procedures that you give to every assistant.

Include a "sign off" sheet where your employee signs

a statement that she or he has received the

manual. When the rules are spelled out on paper,

there is less of a chance of misinterpretation.

4. A written job description is another essential

tool. Job descriptions show that the employer has

identified the essential job functions and given

every applicant the same information and

opportunity for the position.

5. A corrective action plan is the best way to

handle problems. In the event of problems, a

warning may prevent a more serious problem and

eliminate the need for drastic action. Tell your

assistant what is wrong, what needs to be done to

fix the problem, and what will happen if the

problem is not resolved. Document the plan by

including a specific time frame for your assistant to

remedy the problem. Meet to talk with your

assistant regularly to evaluate his or her

progress/performance.

6. A safety management program is important in

preventing workplace injuries. Studies show that

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safety and prevention programs, along with a

carefully designed work environment, reduce

accidents and time off due to sick days.

7. Communication and common sense should be

underlying principles for dealing with your

assistant. Open, honest, and ongoing

communication will resolve many problems. When

you and your assistant work together, you can

develop creative, flexible strategies to meet the

goals of the laws and regulations. Use common

sense.

8. Use outside professionals if you are unsure.

Many professionals can provide human-resource

management advice in areas of employee benefits,

safety and risk management, governmental

compliance, personnel research, employee

communication, and labor relations.

You can get additional information regarding employment law

by contacting the NY Loves Small Business website, the Small

Business Development Centers (SBDC) located throughout the

state and the New York State Department of Labor. Contact

information for these organizations is included in the Appendix

of this Handbook.

Recruiting and Hiring

Hiring an assistant is truly making an investment in your

business. When you hire someone to work for you, you will

invest time, money, training, and trust. If you do it right,

children will thrive and grow and your business can move

forward. If you do it wrong, you can lose your investment and

much more. This is a big responsibility and you need to be

prepared and plan for this obligation. You will need to know

about any laws or regulations that may affect how you chose an

assistant.

413.2 (j) Group family day care home

means a residence in which child day

care is provided on a regular basis for

more than three hours per day per child

for seven to 12 children for compensation

or otherwise, except as provided below.

Such home must be operated by a

provider and have at least one assistant

present during the hours that care is

provided. The name, description or form

of the entity which operates a group

family day care home does not affect its

status as a group family day care home.

413.2 (ae) Assistant means any person

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When most people think of hiring an employee, they think only

of putting an ad in the paper and interviewing job seekers.

However, there's much more to successful hiring than that. It's

an important process with serious implications for the future of

your group family day care program. You need to put in time to

examine your needs, recruit, and hire the right person for your

program. Here are some things to think about as you start the

process to hire your assistant:

• What legal responsibilities will you have?

Hiring the first employee is a big step — at a minimum you'll

have to do payroll, withhold taxes and supervise the person. In

many cases you'll become subject to additional laws as you hire

more people. For example, you may become subject to certain

employment-related laws when you add a fourth or a fifteenth

employee. Consequently, it’s important that you become aware

of all the federal and state laws that can affect your

relationship with your employee, especially as the number of

assistants you employ at one time, changes.

• What do you need your assistant to do?

Before you hire an assistant, be sure you understand the NYS

OCFS regulations regarding the qualifications and requirements

for the assistant. Also determine exactly what tasks you want

the assistant to complete that will help the children enrolled in

your program stay safe, healthy and promote their

development. Using a job description can help to prevent

misunderstanding of expectations. With precise explanations of

duties and responsibilities, employees know what is expected of

them. You have the guidelines needed to effectively hire,

supervise, evaluate and promote your staff.

To develop a job description, you may want to start with a

short paragraph that gives a brief overview of what the job

involves. You might begin by stating that the day care assistant

will work side by side with another qualified person to provide

who has been selected by the provider to

help the provider provide child day care

to children in a group family day care

home.

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day care in a home for up to 12 children between the ages of 6

weeks and 12 years for 8 hours a day, 5 days a week.

Next, list the qualifications and requirements for the job. Make

sure that you include that the assistant must:

o Be at least 18 years old;

o Be in good health. This will be documented on a

Medical Statement provided by OCFS and

completed by a medical professional;

o Be cleared through background checks required

by OCFS. These background checks include

State Central Register for Child Abuse and

Maltreatment (SCR) clearance, criminal history

review, including fingerprinting;

o Have a minimum of two years of experience

caring for children under six or one year of

experience caring for children under six plus six

hours of training or education in early childhood

development. This experience can include

raising children as well as paid and unpaid

experience caring for children. Training can

mean education, workshops and courses in

caring for preschool age children;

o Provide names and contact information for

three references; and

o Complete 30 hours of training during each 2-

year licensing period (including 15 hours during

the first 6 months).

In addition, your assistant must be able and agree to provide,

safe and suitable care to children that is supportive of the

children’s physical, intellectual, emotional and social well-

being.

Next, list the duties of the job in the job description. That is,

what tasks and responsibilities the assistant will have. You’ll

want to write them so they reflect your needs and program

416.13 (a) The provider, assistant and

alternate assistant must each meet the

following qualifications:

416.13 (a)(1) be at least 18 years old;

416.13 (a)(2) 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. The phrase “experience

caring for children” can mean child-

rearing as well as paid and unpaid

experience caring for children. The term

“training” can mean educational

workshops and courses in caring for

preschool-age children.

416.13 (a)(4) provide to the Office the

names, addresses and day time telephone

numbers of at least three references,

other than relatives. At least one of the

references must be able to attest to the

provider’s, assistant’s or alternate

assistant’s employment history, work

record and qualifications, if the provider,

assistant or alternate assistant has ever

been employed outside the home. At least

one of the references must be able to

attest to the provider's, assistant’s or

alternate assistant’s character, habits

and personal qualifications to be a group

family day care provider, assistant or

alternate assistant.

416.13 (b) Alternate assistants and any

other employees or volunteers are

required to comply with the criminal

history review provisions of this Part and

Part 413 of this Article.

416.13 (c) Substitutes to be used by the

group family day care home must comply

with the Statewide Central Register

screening requirements of this Part and

the criminal history review provisions of

this Part and Part 413 of this Article.

416.13 (a)(3) 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; and

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goals. Some duties you may want to include are:

o supervise children ages 6 weeks to 12 years;

o plan and carry out activities for a group of

children;

o assist in the preparation of meals and snacks;

o interact with families in a positive manner;

o be responsible for up to 6 children by yourself;

o know and follow the NYS Office of Children and

Family Services Regulations for Group Family

Day Care; and

o complete 30 hours of training during every

2-year licensing period (15 hours in the first 6

months of being hired).

Finally, you may want to include the hours and days that you

expect the person to work as well as vacation and sick days off

for the employee.

• How do you let people know that you have a job

opening?

Once you've determined what you need to accomplish and

you’ve reviewed NYS regulations about the qualifications and

requirements of any assistant provider you hire to work with

you, it's time to let the world know. There are effective ways

to advertise and attract applicants. Some ideas to consider

include contacting your local child care resource and referral

agency, placing advertisements in newspapers, contacting local

job training programs and colleges, posting a listing on internet

job websites and talking with other providers.

• How do you gather information from applicants?

Consider how you will learn more about each applicant. Do you

want them to send you resumes? How about filling out an

application? You may want to use the Assistant Application

documents in the OCFS Group Family Day Care Application

Packet as a model.

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• How do you interview candidates?

Conducting an interview to help you decide whether or not this

individual will work well with children requires skill. You will

need to be alert, perceptive, free from prejudice, and even-

tempered. But most important you will need to:

o keep accurate records;

o prepare interview questions before the

interview; and

o ask the same questions of everyone you

interview.

Following each interview, you should carefully write up the

interview and list reasons for rejection in neutral terms specific

to job related factors.

The interview questions that you ask should help you make a

decision about whether or not the person you are thinking

about hiring is able and will agree to provide safe and

appropriate care to children you have enrolled and that they

will help the children grow and become all that they can be.

Sometimes the things that our parents did with us or we did

with our own children are not appropriate. They may even

violate OCFS regulations. For example, letting preschool

children play outside in the backyard unsupervised or biting a

toddler who bites you maybe things we experienced as children

or did as parents but are not allowed by group family day care

regulations. Ask the candidate how he or she would handle

specific situations with questions like “What would you do if a

child . . .?” or “How would you handle . . .?”

Other things an interview should help you to decide is whether

or not the prospective assistant:

o Is capable of providing competent supervision

of up to six children alone. There may be times

when you and your assistant decide that it’s

best to break the children up into smaller

groups.

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o Handles stress appropriately. There are times

that the day-to-day care of children can feel

overwhelming. It’s important for anyone who is

with children for long periods of time have an

outlet for stress.

o Can interact appropriately with all the different

aged children you have in your program. How

are they at nurturing and talking with infants

and toddlers? What about allowing preschoolers

and school-age children make independent

choices? It’s important to know if your assistant

has appropriate expectations for the children

that you enroll in your program.

o Is capable of staying calm and following through

during emergency situations. There may be

times when a child may get hurt and will

require emergency medical care or when a non-

medical emergency situation such as a fire or

power-outage occurs. You’ll want to know how

this person responds in these types of

situations.

o Disciplines children appropriately according to

age and abilities and not in ways that violate

the regulations.

• How do you check out an applicant’s background?

Be sure you follow the steps included in the group family day

care initial and renewal processes to run background checks on

prospective employees. You can be sued for negligent hiring or

failure to become aware of an employee being unfit for their

position. In addition you could be liable for failure to take

corrective action, such as training, reassignment, or firing, to

remedy the problem once you find out about it. You have a

duty to make a reasonable investigation of an applicant's fitness

before hiring.

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Doing a Reference Check

To avoid negligent hiring claims and to protect your day care

business, make sure that you thoroughly check references and

review responses from background checks.

What you should do How you should do it

Prepare carefully

before you conduct

a reference check.

• Familiarize yourself thoroughly

with the information the candidate

has already provided, including the

application, resume, and interview

responses. Identify areas where

you need more information or

verification.

• Set up a telephone appointment

with one or more references

provided by the candidate.

• If requested, send a written

consent from the candidate and

the job description in advance of

your telephone call.

• Write down your questions before

you call, highlighting the

information you want verified or

expanded upon.

• Note: Make your reference checks

before making your final selection.

Set up an

environment that

encourages the

reference to

respond willingly,

cooperatively and

honestly.

• Begin your conversation on

common ground by referring to

information that the candidate has

already given you. For example:

o “Carlos Dean has asked me to

speak with you regarding

information he has already

shared with us during the

interview process.”

o “I’m calling to verify

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Managing and Administering Your Group Family Day Care Program rev Jun 2006

information provided by Mary

Roe.”

Describe the

position

• Describe the responsibilities,

duties, and working environment

of the position for which the

candidate has applied.

• After describing the position, ask,

“Given my requirements, what is

your assessment of Carlos Dean’s

qualifications for the job?”

In addition to your

prepared questions,

ask follow-up

questions.

• If you get a general response

("She’s great!"), follow up with a

specific question ("What did she do

to merit that compliment? or "Why

did she leave?" or "How have things

changed since she left?")

• If the reference provider declines

to answer a question, ask if

someone else might be able to

share information about the

applicant.

Document all information you receive and note all unsuccessful

tries at gathering information to protect yourself from

negligent hiring clams. Sometimes during the course of doing a

reference check, you can’t get the information you want from

the references. If the reference won’t tell you anything, record

the fact that he or she refused to give you any information

about the applicant. You may want to ask the applicant for

more information or to clear the way for you with the

references he or she gave. Finally don’t make a job offer until

you’ve completed your reference checks.

• How do you make a job offer?

Think about how you will offer the job to the person you have

selected. Consider putting your offer in writing including the

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rate of pay and starting date. Also decide if you want the

person to accept the offer simply by telling you ‘yes’ or if you

want a more formal acceptance such as signing your job offer.

• What do you do after you’ve hired someone?

Once someone has accepted your offer you’ll need to complete,

file and maintain paperwork as well as make your new assistant

feel comfortable. It’s a good idea to develop a plan for

orienting your new assistant so that he or she can become a

productive employee as soon as possible.

• What if your assistant leaves?

Another important aspect of employing an assistant is to be

prepared in the event that your assistant leaves. When this

happens, the first thing you need to do is notify your licensing

office in writing that there is a change in your assistant.

While you are in the process of hiring a new assistant, talk with

your licensor or registrar about how to continue to maintain the

appropriate adult to child ratio in your program. You may

consider asking your current assistant to continue working for a

few weeks until you hire a new assistant, or use your alternate

assistant or substitute.

Within 15 days of notifying the licensing office that there is a

change in your assistant and you are hiring a new one, you must

submit the following:

o a new application;

o three references that can attest to the

individual’s character;

o a completed Health Statement;

o an SCR Clearance Form;

o fingerprint card;

o a sworn statement indicating that the person

has never, to the best of his or her knowledge,

been convicted of a misdemeanor or felony in

New York State or any other jurisdiction; and

416.15 (a)(11) In selecting assistants

and alternate assistants subsequent to

issuance of a license, a provider:

416.15 (a)(11)(i) must notify the Office

immediately in writing when there is any

change of assistants or alternate

assistants:

416.15 (a)(11)(ii) must submit to the

Office within 15 days of the written

notification, an application for any new

assistant or alternate assistant and the

supporting documentation for the

assistant or alternate assistant. Each

such applicant must also complete and

submit with the application the forms

necessary for the Office to inquire

whether the applicant is the subject of an

indicated report of child abuse or

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o the individual’s qualifications (levels of

education and training, child care experience,

employment history, etc.).

For copies of these forms, talk with your licensor or registrar.

Your Group Family Day Care application is another helpful

resource. While you are waiting for your licensor, registrar or

licensing office to review the information and documentation

that you submitted for your new assistant, remember that he

or she cannot be left alone with children.

Once again, employing an assistant is a big responsibility. If you

have any questions or concerns about being an employer and

meeting the conditions outlined in the regulations, be sure to

contact your licensor, registrar or licensing office.

maltreatment on file with the Statewide

Central Register of Child Abuse and

Maltreatment, a complete fingerprint

card necessary for the Office to conduct

a criminal history review, and a sworn

statement indicating whether, to the best

of the applicant’s knowledge, he or she

has every been convicted of a

misdemeanor or felony in New York State

or any other jurisdiction;

416.15 (a)(11)(iii) may, during the

Office’s review of all documentation for

any new assistant or alternate assistant,

continue to operate a group family day

care home with any individual who is

identified on the list required by

paragraph (12) of subdivision (c) of this

section; and

416.15 (a)(11)(iv) may not leave the new

assistant or alternate assistant in sole

charge of children until such time as the

Office’s review of all documentation for

such assistant or alternate assistant is

completed.

Working with Assistants, Alternate Assistants and Substitutes in Your Program

As a licensed group family child care provider, you have agreed

that you and your assistant will be the primary caregivers for

the children in your care. You have also agreed to ensure that

the children will always be supervised by competent caregivers

who are at least 18 years old and have been approved by OCFS.

This enhances the trusting relationship you and your assistant

develop with children and with their families. It also assures

families that the adults caring for their children have met the

qualifications in the regulations.

To best meet the needs of the children in your care, you will

need ongoing and effective communication between you and

the other caregivers in the program. Talk about each person’s

role during different times of your day. Times when you may

have different roles include:

• preparing, serving and cleaning up meals and snacks;

416.8 (a) Children cannot be left without

competent supervision at any time. A

caregiver must have direct visual contact

with the children at all times except as

follows:

416.8 (a)(1) With the prior written

permission of the parent, children may

nap or sleep in a room where an awake

adult is not present. When children are

sleeping and during nap times, the doors

to all rooms must be open; the caregiver

must remain on the same floor as the

children; and a functioning electronic

monitor must be used in any room where

children are sleeping or napping and an

awake adult is not present. Electronic

monitors may be used as an indirect

means of supervision only where the

parents have agreed in advance to the

use of such monitors. Use of electronic

monitors is restricted to situations where

the children are sleeping. For evening

and night care, the caregiver may sleep

while the children are sleeping if the

provider has obtained the written

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• planning activities for children;

• playing outdoors;

• helping children with homework;

• supervising children;

• communicating with families about the activities of the

day, their child’s development, changes in behavior,

and payment issues;

• managing a child’s challenging behavior;

• evacuating your program;

• diapering and helping children use the toilet; and

• cleaning and sanitizing your program space and

equipment.

Make sure your assistant and substitute understand, and agree

with, your policies on discipline. Children do best when all

caregivers in your program handle discipline in the same way.

Children then learn what behavior is expected. And, if they lose

control of their behavior, they trust all of the adults to help

them regain self-control.

Remember that you must follow OCFS regulations. Have a

current set of regulations at your program for your assistant,

alternate assistant and substitutes available for them to

reference. If your assistant, alternate assistant or substitute is

unable to follow your policies and the regulations, they should

not be part of your program. You will need to take actions to

terminate their employment and/or report them to the New

York State Child Abuse Hotline at (800) 635-1522 if it involves

possible child abuse or maltreatment. See “Protecting and

Promoting Children’s Health” in this Handbook for more

information on your responsibility to report suspicions of child

abuse and maltreatment.

There may be times when you or your assistant will be absent

from the program. In these situations, you may use other

approved adults to care for the children if certain conditions

permission to do so from every parent of

a child receiving evening or night care in

the group family day care home. The

caregiver must remain awake at all times

and physically check sleeping children

every 15 minutes in the event written

permission has not been obtained from

all parents of children receiving evening

or night care.

416.8 (b) No person under 18 years of

age can be left in sole charge of the

children at any time.

416.8 (c) The provider and assistant must

be the primary caregivers of children in a

group family day care home.

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Managing and Administering Your Group Family Day Care Program rev Jun 2006

are met. These other caregivers, called alternate assistants,

must be included on your application, have background checks

and must meet the staff qualifications and training

requirements that are in the regulations. A substitute is a

person only used for emergency care. Substitutes must be

finger printed and be cleared with the State Central Register

for Child Abuse and Maltreatment. Make sure you notify parents

when you will use an alternate assistant or substitute. If no

alternate assistant or substitute is available, then you may not

provide care.

Your assistant, alternate assistant and substitute may not care

for children unsupervised until you receive approval from your

licensor or registrar that he/she has been cleared through the

SCR.

You may want to work with other providers in your area to find

substitutes, alternate providers and alternate assistants. For

example, one person might agree to be the alternate assistant

for both your program and for another program.

For more information about employment issues, see “Your

Group Family Day Care Business” earlier in this section of the

Handbook.

416.15 (a)(13) The caregivers must be

familiar with the regulations governing

such programs. Such regulations must be

readily accessible to the caregivers for

reference purposes and must be made

available for review to a parent of a child

in care upon request by a parent;

416.15 (a)(19)(ii) Prior to receipt of the

results of the clearance and review

required pursuant to this paragraph, the

person eighteen years of age or older

may not be permitted by the provider to

have unsupervised access to children

receiving day care from the provider;

and

416.8 (c)(1) For short-term, non-

recurring absences, a substitute or

alternate assistant may care for children

in place of either the provider or

assistant. If no substitute or alternate

assistant is available, care may not be

provided and parents must be notified

that care at the group family day care

home will not be available. Parents must

be notified when a substitute or alternate

assistant will be caring for the children.

416.8 (c)(2) For other than short-term,

non-recurring absences, only an assistant

or an alternate assistant may care for the

children in place of the provider, and

only an alternate assistant can care for

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children in place of an assistant. Except

in the case of emergency, children may

not be left in the care of two substitutes.

Applying to Renew Your License

Right now, a complete copy of your New York State Group

Family Day Care License application is on file and is accessible

to you, your licensor and OCFS staff. Your group family day care

license is in effect for two years, and then it must be renewed.

That renewal doesn’t happen automatically. In order to renew

your license, you must fulfill very specific responsibilities and

complete an application for renewal of your license. These

responsibilities include getting appropriate inspections,

participating in at least 30 hours of training and staying in

compliance with the regulations.

You will be sent a renewal application form at least 120 days

before your license expires. You must send this completed

application and required documents to your licensor or

registrar, including documentation of your training, at least 60

days before your license expires. Most of this information will

update the information you submitted when you initially

applied for your license.

Here is a list of what you need to submit with your renewal

application:

• a completed renewal application;

• certification of child support obligations;

• certification that you are providing workers’

compensation to employees;

• health statements for yourself and any alternate

providers completed within the 12 months before the

renewal is due;

• health statements for all the people living in your group

family day care home completed within the 12 months

416.2 (d) Applicants for renewal of a

license must submit to the Office at least

60 days in advance of the expiration date

of the license the following:

416.2 (d)(1) a completed application for

renewal, including required attestations,

on forms furnished by the Office or

approved equivalents. Such application

and attestations must include an

agreement by the applicant to operate the

group family day care home in

conformity with applicable laws and

regulations;

416.2 (d)(2) certification, on forms

provided by the Office, of the status of the

individual applicant’s child support

obligations or payments, in accordance

with the requirements of Section 3-503 of

the General Obligations Law;

416.2 (d)(3) certification, on forms

provided by the Office, that the applicant

is providing workers’ compensation in

accordance with the requirements of New

York State law;

416.2 (d)(4) health statements for the

provider, assistant and any alternate

assistant completed within the 12 months

preceding the date of application for

renewal, as required in section 416.11 of

this Part;

416.2 (d)(5) a statement regarding the

health of all persons residing in the

group family day care home completed

within the 12 months preceding the date

of application for renewal, as required in

section 416.11 of this Part;

416.2 (d)(6) certification, on forms

provided by the Office, that the dwelling,

its property and premises, and the

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Managing and Administering Your Group Family Day Care Program rev Jun 2006

before the renewal is due;

• certification that the residence and the surrounding

neighborhood and environment are free from

environmental hazards;

• if a private water supply is used, a report from a state

licensed laboratory or individual, based on tests

performed within the 12 months before the date of the

renewal is due, showing that the water meets standards

for drinking water established by the New York State

Department of Health; or if the water does not meet

such standards, a description of how water for all

purposes will be provided by another method

acceptable to the Department of Health if you have a

private water supply;

• a report of inspection and approval performed within

the 12 months before the date that your license is due

to be renewed of any wood or coal burning stove,

fireplace or permanently installed gas space heater that

you use in your group family day care home; and

• proof that you and your staff have met the training

requirements during the licensing period.

Be prepared to renew your license when the renewal

application comes. Give yourself plenty of time and plan ahead.

Use a calendar and map out when you and your assistant are

going to complete all the tasks you need to accomplish before

the next renewal in two years.

Planning how and when you and your assistant are going to get

your 30 hours of training in the required areas are very

important. Don’t put it off! It’s almost impossible to get 30

hours of required training in 60 days. For more information on

training requirements, see the “Growing as a Professional”

section in this Handbook.

Keep in touch with your licensor or registrar throughout your

renewal process. He or she can be an invaluable resource to you

surrounding neighborhood and

environment are free from environmental

hazards. Such hazards include but are

not limited to, dry cleaners, gas stations,

nuclear laboratories or power plants,

property designated as a federal

superfund clean-up site, and any property

with known contaminated ground or

water supplies. Where the historical or

current use of the dwelling, its property

and premises or the surrounding

neighborhood indicate that an

environmental hazard may be present,

inspection or testing must be completed

by the appropriate local official or

authority to determine if such hazard

exists. Documentation of the inspection

or testing must be appended to the

statement required by this paragraph and

include a statement from the appropriate

local official or authority following this

inspection and/or testing that the

dwelling, its property and premises, and

the surrounding neighborhood meet

applicable standards for sanitation and

safety;

416.2 (d)(7) where a provider uses a

private water supply,

416.2 (d)(7)(i) a report from a state

licensed laboratory or individual, based

on tests performed within the 12 months

preceding the date of application for

renewal, showing that the water meets

the standards for drinking water

established by the New York State

Department of Health; or

416.2 (d)(7)(ii) if the water does not meet

such standards, a description of how

water for all purposes will be provided

by another method acceptable to the

State or local Department of Health;

416.2 (d)(8) a report of inspection and

approval performed by local authorities

within the 12 months preceding the date

of application for renewal of any wood or

coal burning stove, fireplace or

permanently installed gas space heater in

use at the home;

416.2 (d)(9) proof of compliance with the

training requirements of section 416.14

of this Part.

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and your program. Ask questions about the process, what

documents you need to send in, inspections you need to have,

the status of your renewal application and any other issues that

you are unsure about. You can also ask your licensor or registrar

for copies of checklists and forms that he or she may use to

evaluate your program during the renewal process. You can find

many of these forms in the initial application and renewal

application for your license.

After evaluating your application to renew your license, if OCFS

staff determines that your program meets the standards you

will receive a letter and your new license in the mail. If your

program does not meet the standards and conditions of

licensure and your renewal is not approved you will receive

written notification and will be given the opportunity to

request a further review of that decision. Information about the

process of denial and your right to a fair hearing can be

obtained from your licensor or OCFS Regional Office (see

Appendix).

416.2 (e) Applicants for renewal of a

license may not be issued a license until

an inspection of the group family day

care home has been conducted showing

compliance with the requirements of this

Part and the relevant provisions of the

Social Services Law.

416.15 (b)(5) Before denial of an

application for licensure or renewal of

licensure, the provider is entitled to a

hearing before the Office pursuant to

Part 413 of this Title.

Resources

You will find additional resources related to this chapter in the Appendix at the end of this Handbook.

Some information included in the appendix that may be helpful to you is:

• OCFS Regional Offices

• State Agencies and Organizations

• County Health Departments

Group Family Day Care Provider Handbook Page 37

Providing and Maintaining a Safe Environment Inside and Out rev Jun 2006

Providing and Maintaining a Safe Environment Inside and Out

One of your most important jobs as a licensed group family day care provider is

identifying safety hazards inside and out. You’ll need to remove or restrict access to

hazards to keep the children safe. Many injuries and accidents can be prevented by

carefully assessing the physical surroundings and equipment in your child care program

while keeping in mind the skills, abilities, interests and needs of each of the children you care for. If

you need assistance obtaining health and safety equipment, contact your registrar or licensor to find

out whether health and safety grants are available in your area and who administers them.

In this section of the Handbook, we’ll take a close look at all the things you and your assistant need to

do to keep children safe when they are in your care. Examples of keeping children safe include:

evaluating your indoor and outdoor space, having important safety tools such as a working telephone,

flashlight and a first aid kit; and keeping track of visitors to your program. Transportation safety,

limitations on pool use and pesticide application are also covered.

Indoor Safety

The first place to start to ensure that children will be safe

when in your care is by closely examining the rooms and spaces

where children will be playing, eating and sleeping. A good

time to do this is prior to children arriving each morning. When

the children aren’t present you can give your full attention to

examine the areas that they use every day.

Every indoor space is unique. Each group family day care space

has different furniture, equipment, toys and of course,

children! And each space has safety hazards that you and your

assistant will need to watch for and fix or remove. You may

even have to restrict children’s access to some areas in order to

keep them safe.

First, think about whether there is adequate space for the

children to participate in both active and quiet play. Children

grow and change, and their needs, interests and abilities

change with them. Does your current space allow each child in

416.5 (a) Suitable precautions must be

taken to eliminate all conditions in

areas accessible to children which pose

a safety hazard.

416.3 (a) Each applicant must submit to

the Office at the time of application for

licensure a diagram of the proposed

group family day care home showing:

all rooms in the home, including the

rooms which will be used for day care

and the purposes for which such rooms

will be used; the number and location of

exits and alternate means of egress; and

the outdoor play areas available to the

children in care.

416.3 (g) The home must have adequate

indoor space for the comfort of the

children and to accommodate a variety

of activities for the number of children

in care.

416.3 (b) Rooms that will be used by the

children must be well-lighted and well-

ventilated. Heating, ventilating and

lighting equipment must be adequate for

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your care to play and discover all that they can be?

Second, think about how comfortable the space is. Good

lighting, ventilation and temperature are important for the

safety and health of the children and adults in your program.

Young children’s bodies are not as able to regulate their

internal temperatures as adults’ bodies are. The temperature

in your day care rooms must always be at least 68° Fahrenheit.

Adequate light supports vision development, makes it easier for

you to supervise and will prevent injuries.

Check where you have children napping during the day or

sleeping, if you provide night care. Do you have appropriate

equipment and coverings? Is there enough room for the children

to lie down and spread out? Is the area safe, well ventilated

and draft free? Is there enough light in the room so you can see

to supervise? Could you evacuate children safely in case of an

emergency? Many providers use small night lights at all times. If

you care for infants and toddlers who sleep in cribs, the cribs

cannot be the stackable type.

Take a look at your walls, floors, toys, equipment, materials

and furnishings. If they are accessible to children, are you 100%

certain that non-toxic paints and non-hazardous materials were

used on them? If you have concrete floors in your day care

rooms, are they carpeted? Concrete is a very hard surface and

can cause serious injuries. Young children may suffer severe

and permanent disabilities from head injuries.

Are your rooms free of peeling or damaged paint or plaster?

Older buildings sometimes still have lead-based paint. Homes

built and painted inside and out before 1960 contain heavily-

leaded paint. Breathing or swallowing even small amounts of

lead dust can cause long-term damage to children’s

neurological systems.

the protection of the health of the

children. When night care is provided,

there must be sufficient light in the

rooms where children are sleeping to

allow supervision of and the safe

movement and egress for the children. A

temperature of at least 68 degrees

Fahrenheit must be maintained in all

rooms to be occupied by children.

416.3 (c) A firm sanitary crib, cot, bed

or washable padded mat of adequate

size must be provided for all children

requiring a rest period. The

resting/napping places must be located

in safe areas of the home where there is

no draft and where children will not be

stepped on or block safe egress.

Individual sanitary bed coverings must

be available, as needed, for each child

requiring a rest period. When night care

is provide, a child four years of age or

older shall not sleep in a room shared

with another child of the opposite sex.

No crib, cot, bed or mat may be

occupied by more than one child, no by

a child and any adult. No child three

years of age or older shall sleep in the

same room with an adult of the opposite

sex

416.3 (d) Stackable cribs are

prohibited.

416.3 (e) Toxic paints or finishes must

not be used on room surfaces, furniture

or any other equipment, materials or

furnishings which may be used by

children or are within their reach.

416.3 (f) Peeling or damaged paint or

plaster must be repaired promptly.

Concrete floors used by the children

must be covered with appropriate

material.

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Next, check the bathrooms that children use. Where are they

located? Think about how you and your assistant will supervise

children who are using the bathroom. Older children often want

some degree of privacy but this must be balanced with the fact

that bathrooms contain the inherently dangerous combination

of water and electricity. Hairdryers, curling irons and electric

razors can be deadly hazards when they are in contact with

water. Many newer homes have ground fault interrupter circuits

(GFIC) that can provide some degree of protection from severe

electrical shock. These devices can be installed in older homes

as well.

Most families set their hot water heaters at 140° Fahrenheit.

But water that hot can scald a young child in just a few

seconds. You may want to turn your hot water down to 120°

Fahrenheit. The water is still hot enough for most uses. You’ll

save money and be safer!

Bathrooms often contain many products that, while not

poisonous, can be harmful to children if used improperly.

Things like toothpaste with fluoride, hair products, perfumes,

lotions and creams often look and smell sweet, “minty” or

fruity. But they can be very harmful if eaten or sprayed in the

eyes. Store harmful products in locked cabinets or well out of

the reach of children. Because supervising bathroom use is so

important, if any bathroom is farther than one floor level away

from your day care rooms, you must not allow children to use

it.

Several serious illnesses can be spread through a contaminated

water supply. If you live in a city or town that has a public

water supply, there are professionals who frequently test the

safety and sanitation of the water for you. If you have a well or

private water supply, you’ll need to submit the results of a

water test each time you renew your license. However, the

water supply can also be contaminated by storm runoff,

416.3 (i) A bathroom not more than one

floor level away from the program area

must be accessible to children.

416.3 (j) All toilets and potty chairs

must be located in rooms separate from

those used for cooking, playing,

sleeping or eating.

416.3 (k) Adequate and safe water

supply and sewage facilities must be

provided and must comply with State

and local laws. Hot and cold running

water must be available and accessible

at all times.

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construction, and other environmental factors. It’s a good idea

to be alert to changes in the environment and have your water

retested as often as necessary. Most county health departments

or the State Department of Health can give you information and

assistance with this process. See “Protecting and Promoting

Children’s Health” in this Handbook for additional information

on preventing the spread of germs.

Do you know if your home or apartment is in compliance with

applicable provisions of the New York State Uniform Fire

Prevention and Building Code? If not, contact your licensing

office to determine who evaluates homes in your community for

compliance with these codes.

Thinking about remodeling? Adding on? Moving? Don’t do

anything until you call your licensor, registrar or licensing office

to find out how these changes will affect your group family day

care license.

The best way to assess your environment for safety hazards is

to get down low on your hands and knees. Look to see what

may attract children’s attention at their level. A safety hazard

could be as obvious as having uncovered radiators and pipes in

rooms children use, or not having protective caps on all

electrical outlets.

Sometimes we are tempted to store products like paint,

cleaning materials and plant food in food containers. But it is

very easy to make a mistake. Hazardous and poisonous items

need to be stored in their original container and out of reach of

children. Some of these items can be easily confused by

children with other products and children may be tempted to

eat or drink them. For example, some vitamins and medications

look and taste like candy. Window cleaner and mouthwash can

look like lime or berry flavored fruit drinks. If a child does

ingest any of these items, you’ll need the information on the

label when getting medical help. You will need to call poison

416.3 (l) All residences used for group

family day care homes must remain in

compliance with the applicable

provisions of the New York State

Uniform Fire Prevention and Building

Code.

416.5 (d) Radiators and pipes located in

rooms occupied by children must be

covered to protect the children from

injury.

416.5 (i) Protective caps, covers or

permanently installed obstructive

devices must be used on all electrical

outlets that are accessible to children.

416.5 (j) All matches, lighters,

medicines, drugs, cleaning materials,

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.

416.5 (t) The following items must be

used and stored in such a manner that

they are not accessible to children:

handbags, backpacks or briefcases

belonging to adults; plastic bags; and

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control at 1-800-222-1222. Keep this and all emergency

numbers posted next to your phone.

In any group family child care program, there may be adults or

your own school-age or older children who come and go during

the day. Be especially alert to their handbags, backpacks and

other belongings. They can contain matches, cigarettes,

medication, sharp objects, toys with small pieces and other

items that may harm children. These kinds of items must be

kept out of reach of children.

Small items can be choking hazards for children. To check an

item, you can put it into a choke tube. A choke tube is a plastic

cylinder about the size of a toilet paper tube. If the item fits

into the tube, it is a choking hazard. You may find a choke tube

through your local child care council, or at a store selling

children’s toys and other children’s items. A toilet paper tube

will work in a pinch! Another choking hazard for children of all

ages is latex balloons. If swallowed, even a small piece of

balloon will cover a child’s windpipe. Because the latex

stretches, it is almost impossible to remove it from a child’s

throat and the child will suffocate.

Toys for school-age children often have small pieces that are

choking hazards for younger children. You may want to allow

older children to use these toys when younger children nap or

when younger children have left for the day. Keep your eyes

open for “treasures” school-age children keep in their

backpacks and pockets that may be harmful to younger

children.

Choose only materials, toys and equipment that are in good

condition and are safe for children to use. Be sure furniture and

toys are free of rough or ragged edges, sharp corners, small

pieces that can be taken off and broken parts. Remove any

hazardous toys or equipment until they can be repaired or

thrown away. The United States Consumer Products Safety

toys and objects small enough for

children to swallow.

416.5 (n) Materials and play equipment

used by the children must be sturdy and

free from rough edges and sharp

corners.

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Commission provides up-to-date information on product safety

and recalls. They can be reached toll-free at 1-800-638-2772 or

at www.CPSC.gov.

Consider the ages and developmental stages of the children to

determine what is safe for each individual child. Don’t be

misled by suggested age ranges on packaging. For example,

rounded end scissors labeled as recommended for children 3-5

years old may not be safe for every three year old in your care.

Continually observe children to see if there are any potential

safety problems as they use materials and equipment.

If your equipment is not safe for a child, choose different

activities or replace toys and materials with safer choices.

Tailor your choices to fit your own program and the children in

your care. For more information on choosing safe toys and

materials, see the “Programming that Supports Growth and

Development” section in this Handbook.

Evaluate any high chairs you use with children. They should

have a wide, stable base. Children who are placed in the high

chair should be able to sit up on their own and always be

secured with a safety strap. See the “Programming that

Supports Growth and Development” section for additional

considerations about using high chairs.

Doors that lock can be another hazard in your program. Make

sure that doors to closets and bathrooms can be easily opened

by children from the inside and by you from the outside. If you

have sliding glass doors or doors with clear glass panels make

sure they are marked with decals or in a way that people can

see that they are glass.

In an emergency, doors to the outside will be vital pathways to

safety. You must be able to open these doors from the inside

without using a key. See the “Fire Protection and Non-Medical

Emergencies” section in the Handbook for additional

416.5(u) High chairs, when used, must

have a wide base and be used only by

children who are able to sit up

independently. A safety strap must be

fastened around children who are

seated in high chairs.

416.5 (s) Every closet door latch must

be constructed to enable children to

open the door from inside the closet.

Every bathroom door lock must be

designed to permit opening of the

locked door from the outside in an

emergency. The opening device must be

readily accessible. Door locks on exit

doors from the residence must be able

to be opened from the inside without

using a key.

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considerations about emergency evacuations.

Take a look at all the plants you keep inside and out and make

sure that they do not pose a health or safety risk to children. If

you are not sure, you can check the Cornell University

Poisonous Plants Information Data Base on the internet at

www.ansci.cornell.edu/plants/index.html or contact Poison

Control at 1-800-222-1222.

Carefully consider whether your family pets or other animals

you keep pose a health or safety threat to the children in your

care. Some animals may act differently with children other

than your own. Some animals such as turtles may carry diseases

that can be transmitted to children. You may want to have a

veterinarian check each animal in your home. Some liability

policies do not cover all types of pets; be sure to check with

your insurance company.

Remember that your licensor or registrar uses safety checklists

to assess your program. Ask for copies to help you keep your

program a safe place for children.

Keep in mind that a one time “child-proofing” is never enough.

You will need to examine your day care space regularly as you

make routine repairs to your home and as the children grow

and change.

You may be eligible for grants to help pay for items that will

improve the safety of your program. Talk with your licensor or

registrar to find out about funding that may be available in your

area through health and safety grants.

416.5 (k) Indoor and outdoor plants

which are hazardous to children must

not be accessible to the children.

416.5 (l) Any pet or animal kept indoors

or outdoors at the group family day

care home must be in good health, show

no evidence of carrying disease, and

pose no threat to children. This

provision also applies to those pets or

animals present at the home which do

not belong to the caregivers.

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Outdoor Safety

When you were a child you probably had lots of time for

unstructured outdoor play. You climbed trees, rode bikes,

played stick ball, scaled to the highest point on the jungle gym,

and explored your neighborhood until your family practically

dragged you home. You probably didn’t notice if the equipment

you played on was safe or appropriate, or if the parks or

backyards you played in were free of hazards.

As an adult running a licensed group family day care program,

you must consider these issues. You are now responsible for the

safety of children other than your own. You’ll need to regularly

evaluate the outdoor play spaces you allow children to use to

make sure that they appropriately challenge each child’s skills

and abilities, and are free from hazards.

Think about how much space is available for children to use. Is

there enough room for all of the children to use their biggest

muscles at the same time? Can your preschoolers and school-

agers run, climb and jump? Is there enough space for toddlers

to learn about how their bodies move without running into and

over each other? Can your babies crawl freely, pull themselves

up and “cruise” if they are able?

Make sure outdoor equipment is installed correctly according to

manufacturer’s instructions and is in a safe location. Swings

and climbing equipment should be anchored. A good time to

check outdoor equipment is in the spring and in the fall in

addition to routine maintenance and repairs.

As with indoor equipment, make sure children only use outdoor

equipment that is appropriate for their age and abilities. What

may be safe for a school-age child may not be safe for a two

year old. And, what is safe for one four year old might not be

416.5 (a) Suitable precautions must be

taken to eliminate all conditions in

areas accessible to children which pose

a safety hazard.

416.3 (h) Each home must have access

to outdoor space which is adequate for

active play.

416.5 (n) Materials and play equipment

used by the children must be sturdy and

free from rough edges and sharp

corners.

416.5 (o) Outdoor equipment such as

swings, slides and climbing apparatus

must be installed and used in

accordance with the manufacturer’s

specifications and instructions, be in

good repair, and be placed in a safe

location. Such equipment and apparatus

may be used only by the children for

whom it is developmentally appropriate.

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safe for another four year old. If outdoor equipment is not safe

for a child to use, offer appealing but safer alternatives.

Surfaces under play equipment should prevent injuries from

falls. Depending on the height and type of equipment, you may

need safe cushioning surfaces from 6 to 12 inches deep. Safe

cushioning surfaces may include fine sand, double shredded

bark mulch and fine gravel. You can get additional resources

through the Consumer Product Safety Commission listed in the

Appendix of this Handbook. Just as you did in your indoor

space, look at the plants in your outdoor play area. Remove or

restrict access to any that are hazardous.

Another important aspect of being outdoors that can’t be

overlooked is planning for supervision. Children will need you

and your assistant’s constant visual supervision. Planning ahead

and working out with your assistant how you will supervise the

children when you go outside and having a plan in place of what

each of you will do in case of an emergency or if one child

needs to go to the bathroom and no one else does is an

important part of keeping children safe.

You and your assistant may decide to take the children out at

two separate times in two separate groups. Remember, if you

choose this option you or your assistant can only care for a total

of six children by yourselves and only two of those children can

be under two.

If you and your assistant decide to go outside together as one

big group, decide ahead of time who is going to be responsible

for watching and monitoring each area or zone of the

playground or backyard. See “Providing Competent and Direct

Supervision” later in this section of this Handbook for more

information on appropriate supervision.

416.5 (k) Indoor and outdoor plants

which are hazardous to children must

not be accessible to the children.

416.8(a) Children cannot be left

without competent supervision at any

time. A caregiver must have direct

visual contact with the children at all

times except as follows:

416.8 (a)(1) With the prior written

permission of the parent, children may

nap or sleep in a room where an awake

adult is not present. When children are

sleeping and during nap times, the

doors to all rooms must be open; the

caregiver must remain on the same

floor as the children; and a functioning

electronic monitor must be used in any

room where children are sleeping or

napping and an awake adult is not

present. Electronic monitors may be

used as an indirect means of

supervision only where the parents have

agreed in advance to the use of such

monitors. Use of electronic monitors is

restricted to situations where the

children are sleeping. For evening and

night care, the caregiver may sleep

while the children are sleeping if the

provider has obtained the written

permission to do so from every parent of

a child receiving evening or night care

in the group family day care home. The

caregiver must remain awake at all

times and physically check sleeping

children every 15 minutes in the event

written permission has not been

obtained from all parents of children

receiving evening or night care.

416.8 (d)(1) The provider and assistant

or alternate assistant must be present at

all times that more than six children are

in care. The provider or assistant or

alternate assistant alone may care for a

maximum of six children.

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Barriers

Some safety hazards can’t be removed. In these cases, you can

help prevent injuries by using barriers. The following hazards

will require you to install a barrier to make them safe:

• radiators and pipes;

• electrical outlets;

• porches, decks and stairs;

• swimming pools, ponds and other bodies of water;

• wood burning stoves, fireplaces and permanently

installed gas heaters; and

• windows located above the first floor.

You may also need to take a look at any baseboard heaters you

have in your home. Depending on their construction, you may

need a barrier to prevent children from burning or cutting their

hands on such heaters.

The type of barrier that is effective for any of the hazards that

may exist in your program depends on several factors including

the type of hazard and the abilities of the children in care. For

example, some children may become able to pull outlet caps

off just by tugging on them. You may need to use outlet plates

with built-in safety covers.

Falls from decks, porches and stairs can cause serious injury.

You may be surprised at how small a space a little child can fit

through. Even more frightening is the possibility that a child’s

body, but not her head, might fit through an opening causing

suffocation. That’s why it’s a good idea to allow only 2 3/8

inches (the same opening as recommended for crib slats)

between railings. Heavy fencing or extra railings are often a

practical solution for railings that are farther apart.

How many times have you seen a report of a drowning only to

hear the adult say, “But I only looked away for a moment.”

416.5 (f)(2) Each group family day care

provider must ensure that adequate

barriers exist to prevent children from

gaining access to unsafe, dangerous or

hazardous areas or devices. Such areas

and devices include, but are not limited

to, holes, pits, wood and coal burning

stoves, fireplaces and permanently

installed gas space heaters.

416.5 (d) Radiators and pipes located in

rooms occupied by children must be

covered to protect the children from

injury.

416.5 (i) Protective caps, covers or

permanently installed obstructive

devices must be used on all electrical

outlets that are accessible to children.

416.5 (e) Porches, decks and stairs must

have railings with a barrier extending

to the floor or ground to prevent

children from falling. Acceptable types

of barriers include, but are not limited

to, balusters, intermediate rails, and

heavy screening.

416.5 (f)(1) Each group family day care

provider must ensure that barriers exist

to prevent children from gaining access

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Pools, ponds and other bodies of water need to have a four-foot

high fence with a lock that is at least four feet from the ground

to prevent children from going into the area. If the body of

water is only partially located on your premises, your portion

must be entirely enclosed. While a fence will not guarantee

that a child cannot enter an area, it may offer a few critical

moments of time.

Proper fencing can be expensive. There are sometimes grants

available to assist you with the cost of installing fencing around

bodies of water. Be sure to talk with your licensor to determine

what will work best for the safety of the children in your care.

Window guards are required on all windows which are less than

32 inches from the floor and are not made of safety glass.

Window guards which prevent children from opening windows

above the first floor are also required. There are many types of

commercially available window guards as well as many options

for creating suitable barriers with inexpensive materials

available at home improvement centers. Contact your licensor

to determine acceptable options.

You may be eligible for grants to help pay for items that will

improve the health and safety of your program. Talk with your

licensor or local child care council staff to find out about

funding that may be available.

to any swimming pool, drainage ditches,

wells, ponds or other bodies of open

water located on or adjacent to the

property where the group family day

care home is located. Such barriers

must be of adequate height and

appropriately secured to prevent

children from gaining access to such

areas.

416.5 (p) Clear glass panels must be

marked clearly to avoid accidental

impact. Glass in outside windows less

than 32 inches above the floor level

must be of safety grade or otherwise

protected by use of barriers to avoid

accidental impact.

416.5 (q) Where child care is provided

above the first floor, windows on such

floors must be protected by barriers or

locking devices to prevent children from

falling out of the windows.

Safety Tools

Another way that you keep children safe from hazards in your

program is by having specific tools close at hand to be able to

use at a moment’s notice. These tools include a working

telephone, a flashlight, and a first aid kit.

Your telephone is a vital tool in your program. In an emergency,

you will use it to contact help quickly. Parents depend on it to

416.5 (m) A working telephone must be

in the home. Emergency telephone

numbers for the fire department, local

or state police or sheriff’s department,

poison control center, and ambulance

service must be posted conspicuously on

or next to the telephone. Devices used

for purposes of call blocking shall not

be used to block in-coming calls from

parents or legal guardians of children

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share information, get updates on their child’s day or notify

you of any changes in their schedules. In addition, your

licensor, registrar or other OCFS staff members may need to

contact you. Because receiving calls is so critical, your phone

cannot be set to block incoming calls from parents or guardians

of children in care, OCFS representatives or their agents, or

agents of state or local governments when you are caring for

children.

Many providers carry a portable phone or a cell phone with

them at all times so emergency help can be contacted

immediately. Remember to keep your phones charged and

ready for use. You may also want to use an answering machine

for non-emergency calls that can be returned after children

leave for the day or when children don’t need your immediate

attention.

A flashlight is another important safety item that you and your

assistant need to have. You will need it if your power goes out,

during an emergency evacuation or other situation when light is

low. Make sure you check the batteries frequently! A non-

working flashlight will not help keep children safe. A good rule

of thumb is to replace the batteries in your smoke detectors

and flashlights each time you change your clocks both in the

spring and fall.

Another safety tool you must have on hand is a well-stocked

first aid kit. Your first aid kit will be essential when dealing

with an injury or emergency. It should be stocked with supplies

for a variety of situations including those when you’ll follow

safety precautions relating to blood. You also need to plan how

and when you will restock your first-aid kit as items are used. A

list of suggested items for your first aid kit is included in the

Appendix of this Handbook.

in care, representatives of the Office or

agents of the state or local government

during the hours of operation of the

child day care program.

416.5(r) An operable flashlight or

battery powered lantern must be kept in

the child care area. Such equipment

must be properly maintained for use in

the event of a power failure.

416.11 (g) The home must be equipped

with a portable first aid kit which is

accessible for emergency treatment. The

first aid kit must be stocked to treat a

broad range of injuries and situations

and must be restocked as necessary. The

first aid kit and any other first aid

supplies must be kept in a clean

container or cabinet not accessible to

children.

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Maintaining Program Capacity

Young children are active and need your attention. To keep

them safe and healthy and to support their development, you

will need to be close to them, observing their interactions,

ready to offer assistance, joining in their play and planning

appropriate experiences and activities for each one. This can

be a challenge.

OCFS recognizes this challenge and as a result provides

regulations that limit the number of children that can be

present in your program at any one time. The limit depends on

the ages of the children you care for. Your own children are

counted in the limit if they do not attend kindergarten or a

higher grade.

You are allowed:

• Up to 12 children if all children are over the age of two

years old.

• Up to 10 children if any child is under the age of two

years old. You can never have more than 2 children

that are younger than two years old for each

provider/assistant.

AND

• An additional 2 children that attend kindergarten or

higher grade (school age children).

AND

• Your own children are counted towards your maximum

capacity if they do not attend kindergarten or a higher

grade. Note that pre-K does not count as kindergarten.

AND

• The maximum number a single provider can care for

alone at any time is 6 children.

413.2 (j) Group family day care home

means a residence in which child day

care is provided on a regular basis for

more than three hours per day per child

for seven to 12 children for

compensation or otherwise, except as

provided below. Such home must be

operated by a provider and have at least

one assistant present during the hours

that care is provided. The name,

description or form of the entity which

operates a group family day care home

does not affect its status as a group

family day care home.

413.2 (j)(1) Age of children: A group

family day care home may provide care

for children six weeks through 12 years

of age; for children 13 years of age or

older who are under court supervision;

for children 13 years of age or older

who are incapable of caring for

themselves when such inability is

documented by a physician, psychiatrist

or psychologist; and, in extenuating

circumstances, for children under six

weeks of age when prior approval has

been obtained from the Office. Children

who attain the maximum age allowed

during the school year may continue to

receive child day care through the

following September 1 or until they

enter school for the following school

year.

413.2 (j)(2) Maximum capacity means

the maximum number of children

authorized to be present at any one time

as specified on the group family day

care license.

413.2 (j)(2)(i) Except for children in the

legal custody of or boarded out with the

provider who attend school in

kindergarten or a grade level higher

than kindergarten, all children present

must be counted in determining

maximum capacity even if they are

relatives or are present three hours per

day or less.

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These limits are the maximum capacity limits for programs. If

your licensor or registrar determines that you cannot

adequately care for the maximum number of children, your

capacity may be fewer children. You may also choose to care

for fewer children.

Here is an example of a program complying with maximum

capacity regulations. You have been approved for a maximum

capacity of 10 because you have children under the age of two.

So, you care for 2 children who are six months old and 1 child

who is eighteen months old. You also care for 5 four year olds

and 2 seven year olds. So, when everyone is in care, you have

10 children (2+1 + 5 + 2 = 10). Remember that one adult

caregiver cannot care for more than 2 children under the age of

two alone.

Here is another example. All of the children in your program

are over the age of 2 and your maximum capacity is 12 with an

additional 2 school-age children for a total of 14 children. Your

own 2 children are three and four years old. You and your

assistant care for 3 children who are two and a half years old, 1

three-year-old and 6 four-year-olds. You also care for 2 school-

age children. Before and after school, you have 14 children (2 +

3 + 1 + 6 + 2 = 14). When school is in session, you and your

assistant have 12 children (2 + 3 + 1 + 6 = 12).

Understanding how many children you are allowed to care for

can be confusing. Your registrar or licensor can help. Make sure

you know and follow the maximum capacity limits for your

program to reduce risks to children. Keep in mind that having

too many children and/or too few adults can also be the basis

of enforcement action taken by OCFS.

If you are unsure about how the program capacity for your

group family day care program is determined, talk with your

licensor or registrar.

413.2 (j)(2) (ii)There must be one

caregiver for every two children under

the age of two years in attendance at the

group family day care home. Any such

caregivers who are not providers or

assistants must meet the qualifications

of an assistant.

413.2 (j)(2)(iii) When any child who is

less than two years of age is present, the

maximum capacity is 10, except as

provided in subparagraph (v) of this

paragraph.

413.2 (j)(2)(iv) When all children

present are at least two years of age,

maximum capacity is 12, except as

provided in subparagraph (v) of this

paragraph.

413.2 (j)(2)(v) An additional two

children who are of school-age may be

provided care if: the additional school-

age children attend kindergarten or a

school grade level higher than

kindergarten; and the school-age

children receive the care primarily

before or after the period such children

are ordinarily in school, during school

lunch periods, on school holidays, or

during those periods of the year in

which school is not in session.

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Providing Competent Direct Supervision

When you became a licensed group family day care provider,

you agreed that you and your assistant will reduce risks and

prevent harm to the children in your care. Providing

competent, direct supervision is one of the most important

things you and your assistant do to fulfill your part of the

agreement. Effective supervision is based on:

• visual contact with all children;

• continual assessment of the children’s behavior,

activities and skills; and

• your ability to respond quickly to unsafe situations.

In order to assess the children and the situation, you and your

assistant will need to see and hear the children. Ask yourself:

• Are children occupied in play?

• What toys and materials are being used by the child? Is

it safe for this child based on his or her physical

abilities?

• How are the children interacting with each other? Is

one child becoming frustrated or angry?

• What else is going on in the play space? Are older

children using toys that should not be used by the

younger children?

• Am I physically close enough to prevent an injury?

Remember, your attention must always remain on the children.

Any area in your home that you use to care for children cannot

be used for any business or social purpose that would cause you

to distract your attention away from caring for the children.

In addition to assessing each situation, you and your assistant

will need to continually assess each child’s developmental

abilities. Children, especially infants, change quickly. What was

a safe situation for a child at 3 months may not be safe once

she starts crawling and climbing. You and your assistant will

need to take each child’s skills and abilities into consideration

416.8 (a) Children cannot be left

without competent supervision at any

time. A caregiver must have direct

visual contact with the children at all

times except as follows:

416.8 (a)(1) With the prior written

permission of the parent, children may

nap or sleep in a room where an awake

adult is not present. When children are

sleeping or during nap times, the doors

to all rooms must be open; the caregiver

must remain on the same floor as the

children; and a functioning electronic

monitor must be used in any room

where children are sleeping or napping

and an awake adult is not present.

Electronic monitors may be used as an

indirect means of supervision only

where the parents have agreed in

advance to the use of such monitors.

Use of electronic monitors is restricted

to situations where the children are

sleeping. For evening and night care,

the caregiver may sleep while the

children are sleeping if the provider has

obtained the written permission to do so

from every parent of a child receiving

evening or night care in the group

family day care home. The caregiver

must remain awake at all times and

physically check sleeping children every

15 minutes in the event written

permission has not been obtained from

all parents of children receiving evening

or night care.

416.8 (a)(2) Children who are able to

toilet independently, including fastening

and unfastening clothing, wiping

themselves, flushing the toilet, and

washing their hands, may use a

bathroom on another floor for a short

period of time without direct adult

supervision.

416.15 (a)(16) The indoor and outdoor

areas of the home where the children

are being cared for must not be used for

any other business or social purpose

when children are present such that the

attention of the caregivers is diverted

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when deciding if a situation is safe for a child.

There are some specific situations when children are allowed to

be out of your (and your assistant’s) direct vision for short

periods of time. This may include:

• children who are napping or sleeping, if using a

monitor, and with written permission from parents; and

• children using a bathroom (only when they are able to

do so independently);

• school-age children for brief periods of time and with

written permission from parents only on the premises of

the group family day care home.

In each of these situations, you and your assistant must provide

additional types of supervision including frequent visual checks.

You will need to carefully consider how you and your assistant

will keep children safe. Ask yourself if you can assess the

children’s behavior and respond quickly to an unsafe situation

when children are sleeping, using a bathroom or when school-

agers are in another room doing an activity. Remember, it is

ALWAYS your responsibility to keep all children safe at all

times!

Sleeping at Night

If you are thinking about offering night care, there are many

issues to consider related to supervision. During the night, you

and your assistant will need to be ready to help a child use a

bathroom, evacuate your home, or get back to sleep after a

scary dream. Think about how you will prevent children from

leaving your home unnoticed without obstructing an emergency

evacuation pathway.

Ask yourself how you and your assistant will respond to a child’s

needs or to an emergency if you are also sleeping. Consider

how deeply you and your assistant sleep and how well you will

hear children during the night. Plan where children will sleep

from the care of the children;

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and where you and your assistant will sleep. And before you

sleep at the same time as the children, you’ll need written

permission from all parents.

Toileting

Some children can follow healthy toileting routines without

your help. You may want to consider allowing a child to toilet

independently if he or she can:

• fasten and unfasten clothing;

• wipe themselves;

• flush the toilet; and

• wash their hands.

Also, think about how you will keep children safe if you allow

them to use a bathroom on another floor. How much time does

a child need? At what point will you visually check on the child?

What will you do if the child becomes ill or needs your

assistance in the bathroom? How will you do this while

continuing to supervise the other children?

School-age Children and Their Need for Independence

Allowing school-age children to participate in activities in

another area of your home can offer opportunities to gain

independence, use their social skills to resolve conflicts, use

materials geared for their developmental stage and do

homework.

If you and the parents decide that these opportunities would be

beneficial and it doesn’t interfere with you or your assistant’s

ability to supervise the other children in your care, school-agers

can be out of your direct sight for short periods of time.

Before allowing any children to be out of your sight during

these situations, you will need to carefully consider how you

will keep them safe. Ask yourself if you and your assistant can

assess the children’s behavior and respond quickly to an unsafe

416.8 (a)(3) With the written permission

of the parents, providers may allow

school-aged children to participate in

activities outside of the direct

supervision of a caregiver. Such

activities must occur on the premises of

the family day care home. The caregiver

must physically check such children

every 15 minutes.

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situation when school-agers are in another room or outside

doing an activity. Pay attention to individual children. Some

school-age children, regardless of their age, will need your

continual visual contact.

Another important aspect of supervision includes who you allow

to take the child from your program for the day. When you

enroll a child, talk with the child’s family about who will pick

up the child at your program. Include their names and contact

information in your records. You will also need to know about

any legal custody agreements or guardianship issues that affect

who can take the child from your care.

You will need to get written permission from the parent before

anyone else can take the child from your program. Whether it’s

a once-a-week routine or a one-time emergency, you must have

written permission before the child leaves your care.

Surveillance Cameras and Supervision

Recent technology has spurred the development of remote

surveillance cameras, sometimes known as “nanny cams.”

Remember, these cameras do not take the place of providing

competent direct supervision.

You might decide to use a surveillance camera to allow parents

to see their children through the internet. If you want to do

this, make sure you do the following:

• inform all parents and providers of the camera

locations;

• use security measures such as pass words and filters;

• provide parents with information about security

regarding viewing the program over the internet and

the privacy rights of other children who may be viewed;

• comply with all related and state and federal laws;

• do not install cameras in bathroom or diaper changing

416.8 (e) No child can be released from

the group family day care home to any

person other than his or her parent,

person currently designated in writing

by such parent to receive the child, or

other person authorized by law to take

custody of a child. No child can be

released from the program

unsupervised except upon written

instruction of the child’s parent. Such

instruction must be acceptable to the

provider and should take into

consideration such factors as the child’s

age and maturity, proximity to his or

her home, and safety of the

neighborhood.

416.15 (a)(9)(ii)(a) The parents of all

children receiving care in a group

family day care home equipped with

video surveillance cameras installed for

the purpose of allowing parents to view

their children in the day care setting by

means of the internet must be informed

that cameras will be used for this

purpose. All assistants, alternate

assistants and employees of the group

family day care home must also be

informed if video surveillance cameras

will be used for this purpose.

416.15 (a)(9)(ii)(b) All parents of

children enrolled in the group family

day care home and all assistants,

alternate assistants and employees of

the group family day care home must be

made aware of the locations of all video

surveillance cameras used at the group

family day care home.

416.15 (a)(9)(ii)(c) Group family day

care homes opting to install and use

video surveillance equipment must

comply with all State and federal laws

applicable to the use of such equipment.

416.15 (a)(9)(ii)(d) Video surveillance

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areas; and

• allow OCFS staff viewing privileges.

cameras may not be used as a substitute

for competent direct supervision of

children.

416.15 (a)(9)(ii)(e) Group family day

care homes opting to allow parents to

view their children in the day care

setting by means of the internet must use

and maintain adequate internet security

measures at all times. Such measures

include but are not limited to: frequent

changes of passwords; filtering

measures that prohibit public access to

or viewing of day care activities via the

internet; and immediate corrective

action in response to any report of

abuse of the system or inappropriate

access. Such homes must also advise the

parents having access to views of the

day care home through the internet of

the importance of security in regard to

such viewing and of the importance of

the privacy rights of other children who

may be viewed.

416.15 (a)(9)(ii)(f) Video surveillance

cameras are permitted to transmit

images of children in common rooms,

hallways and play areas only.

Bathrooms and changing areas must

remain private and free of all video

surveillance equipment.

416.15 (a)(9)(ii)(g) Group family day

care homes that use video surveillance

equipment must allow inspectors and

other representatives of the Office to

have access to such equipment and to

have viewing privileges as required by

the Office.

416.8 (g) Surveillance cameras may not

be used as a substitute for competent

direct supervision of children.

Visitors to the Program

There may be times when you invite a visitor to your home to

enrich your learning activities. A police officer might describe

how she helps keep children safe, a dental hygienist might

come to show children the best way to brush their teeth, a

416.8 (f) Visitor control procedures.

416.8 (f)(1) Each group family day care

home shall require any and all visitors

to the home to:

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prospective parent may come to check out your program or

perhaps one of your former day care children comes to read a

book to the children.

One of your tasks will be to develop rules and policies around

visitors in order to keep children safe and healthy. You will

need to decide who are considered visitors and then follow a

specific procedure to sign them in and out of your program.

You will need to keep a written record of visitors including:

• the visitor’s signature;

• the date and time of entry;

• why they are visiting; and

• what time they left the home.

This record may be needed to document who was in your

program on a specific day or who had contact with a specific

child.

It is your responsibility to ensure that the visitors to your

program do not present a danger to the children. Remember to

maintain appropriate supervision at all times. Visitors can never

be left alone with the children.

If a visitor has routine contact with the children in your

program, you may need to submit information to do a

background check. For more details, talk with your licensor or

registrar or OCFS staff.

416.8 (f)(1)(i) sign in upon entry to the

premises;

416.8 (f)(1)(ii) indicate in writing the

date of the visit and the time of entry to

the home;

416.8 (f)(1)(iii) clearly state in writing

the purpose of the visit; and

416.8 (f)(1)(iv) sign out upon departure

from the home indicating in writing the

time of departure.

416.8 (f)(2) Each group family day care

home shall establish such other rules

and policies as are necessary to provide

for monitoring and control of visitors to

protect the health, safety and welfare of

children in care. As part of such rules

and policies, each family day care home

shall determine who shall be considered

a visitor to the home for purposes of this

subdivision.

Transportation

Taking children out into your community for field trips can be a

wonderful way to enrich your program. Children learn how their

community works by seeing it in action. Visiting the post office,

a grocery store, the fire station or walking through the

416.6(a) The provider must obtain

written consent from the parent of the

child for any transportation of the

children in care at the family day care

home provided or arranged for by a

caregiver.

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neighborhood can all be valuable experiences for young

children. These experiences all start with what children are

familiar with—the mail that arrives in the mail box, the food

they eat, the fire trucks they see and the streets and sidewalks

they use. While many of these outings might be right in your

neighborhood, you may decide on an enriching destination that

is a bit farther away. Let parents know your plans and get their

written permission.

Transporting children in a motor vehicle, such as your personal

car or a public bus requires some careful planning and

consideration. For example, you must make sure children are

secured in appropriate safety seats or by safety belts. You may

need a parent or other adult to assist you since you need to

increase supervision when you are away from your program.

Weigh the potential benefits of outside experiences for the

children against the risks inherent in transporting the children.

Consider alternatives to transporting children off-site, such as

bringing individuals from the community into your program.

If children will travel in a personal car or van, the vehicle must

have a current registration and inspection sticker. The drivers

must be at least 18 years of age and have a valid driver’s

license. Think about how you evaluate each driver. How will

you determine whether a parent who offers to drive has a safe

driving record? Is there enough room in the car for everyone to

ride together? Does the person who is driving need to submit

information for a background check? Is he or she able to provide

appropriate supervision?

If you plan to do the driving, be sure to check with your

insurance agent. Most personal motor vehicle policies exclude

coverage when the vehicle is being operated for pay. And many

companies interpret trips that are part of a day care program

as “operation for pay.”

As any parent of young children can tell you, supervision of

416.6 (d) All children must be secured

in safety seats or by safety belts as

appropriate for the age of the child in

accordance with the requirements of the

Vehicle and Traffic Law before any

child may be transported in a motor

vehicle where such transportation is

provided or arranged for by the

provider.

416.6 (e) Any motor vehicle, other than

a public form of transportation, used to

transport children in care at the group

family day care home must have a

current registration and inspection

sticker and must be operated by a

person who is at least 18 years of age

and possesses a valid driver’s license.

416.6 (b) A caregiver or volunteer must

never leave a child unattended in any

motor vehicle or other form of

transportation.

416.6 (c) Each child must board or

leave a vehicle from the curb side of the

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energetic youngsters in a moving vehicle can be a real

challenge! You must never leave the children unattended in a

vehicle. Make sure the children get in and out of the car or bus

from the curb side, not from the street. Finally, when

transporting children, no smoking is allowed in the vehicle.

street.

416.11 (d) Consumption of, or being

under the influence of, alcohol or

controlled substances by any caregiver

is prohibited. Smoking in indoor areas,

in outdoor areas in use by children and

in vehicles while children are being

transported is prohibited.

Pools

Most children love splashing in water, running under sprinklers

and playing in the water table. Water offers opportunities for

children to enjoy the cool soothing experiences of water play.

But water can also present a serious risk to children. A child

can drown quickly and quietly in less than one inch of water.

Supervising children in a noisy, splashing pool can be difficult.

Children have a wide range of swimming skills and activity

levels in a pool. In an emergency, you will need to get everyone

out of the water at the same time you attend to a child’s

medical needs. In addition, unsanitary water can be a health

hazard.

Before allowing children to use any pool, lake or other

swimming facility you and the parents must carefully evaluate

its conditions and how supervision of children who use the pool

will occur. You will also need to consider your ability to provide

a clean and safe environment for all children.

If the pool is at your home or is a non-public pool, OCFS staff

must be part of the evaluation process. You will need to submit

a pool safety plan that must be evaluated and approved by

OCFS before the pool can be used by children in your care. The

safety plan document must include:

1. how supervision will occur;

2. how water quality will be maintained and monitored;

3. written permission from the parents; and

4. adequate safety standards for use of the pool.

416.5 (g)(1) The use of spa pools, hot

tubs and fill-and-drain wading pools is

prohibited. The use of non-public and

residential pools is also prohibited

except in those instances where a

provider can demonstrate the ability to

operate and adequately supervise the

use of a non-public or residential pool

in a clean, safe and sanitary manner.

The provider must receive Office

approval prior to use of a non-public or

residential pool for children in day

care.

416.5 (g)(2) To receive approval from

the Office of the use of a non-public or

residential pool, a provider must:

416.5 (g)(2)(i) provide to the Office

documentation demonstrating that there

will be adequate supervision of all

children in care while children use the

pool, in accordance with the

requirements of section 416.8 of this

Part;

416.5 (g)(2)(ii) submit documentation

acceptable to the Office demonstrating

that consistent, safe and adequate water

quality of the pool will be maintained;

and

416.5 (g)(2)(iii) submit a written pool

safety plan acceptable to the Office that

sets forth adequate safety standards for

use of the pool.

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You will also need to make sure that the person supervising

children in the pool has current American Red Cross CPR

certification or an OCFS approved equivalent.

The water in any pool used by children must be maintained so

it is safe for children to use. Many illnesses can be transmitted

through water in a pool if it is not treated properly. One cause

of unhealthy water is urine. It’s difficult for young children to

control their bladders when they are excited and playing in

water. Even with swim diapers and frequent bathroom breaks,

it’s bound to happen that urine will get in the water.

Keeping water safe is generally done through the use of

chemicals and continual water filtration systems. This is

impossible to do in wading pools and one reason why “fill-and-

dump” wading pools are not allowed. Chemicals used in pools

can be harsh on children’s skin and eyes. If they swallow water

when in the pool, they can experience additional problems.

Rinsing the chemicals off children with water can help reduce

these problems.

The permission from the parents must be in writing and

include:

• the name and age of the child;

• address of the pool;

• depth of the pool at the deepest point;

• dates or months when the child is allowed to use the

pool; and

• dated signature of the parent.

If you do decide to use a pool, you and your assistant will need

to provide proper supervision for the children. Anyone

supervising children in a pool setting must be able to swim and

have a current CPR certification from the American Red Cross

416.8 (a)(4)(ii) As of August 1, 2001,

any person supervising children in

pools must possess a current American

Red Cross Cardiopulmonary

Resuscitation Certification (CPR) or

equivalent certification, as approved by

the Office.

416.5 (g)(3) Providers must obtain

prior written permission from the parent

for their child to use the pool.

Permission notes must include the

following:

416.5 (g)(3)(i) Name and age of the

child;

416.5 (g)(3)(ii) Address where the pool

is located;

416.5 (g)(3)(iii) The depth of the pool at

its deepest point;

416.5 (g)(3)(iv) Dates or months the

child is permitted to swim in the pool;

and

416.5 (g)(3)(v) Signature of parent and

date signed.

416.8 (a)(4) With the prior written

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or similar organization. You’ll also need to decide in advance

how you and your assistant will supervise all of the children

when some children want to use the pool and others do not

This may include the need for an additional assistant. This

supervision plan must be approved by OCFS.

You and your assistant may decide to separate the children into

two separate groups. Remember, if you choose this option you

or your assistant can only care for a total of six children by

yourselves and only two of those children can be under two.

If you and your assistant decide to keep the children together

as one big group, decide ahead of time who will be responsible

for watching and monitoring specific pool and poolside areas.

Many experienced providers bring an extra adult to be sure

children are supervised.

Also consider what you will do when a child needs to use the

bathroom or have her swim diaper changed.

The decision to use your home pool is a serious one. Many

insurance carriers refuse to provide liability coverage for use of

home pools. As part of your decision process, be sure to check

with your insurance agent.

Public swimming facilities such as community pools or

supervised beaches can provide an excellent alternative if you

do decide to offer swimming experiences. These settings are

required to meet strict safety standards and are inspected

regularly by local officials. Even in public settings, you and your

assistant will need to be sure to provide proper supervision.

Although public pools have lifeguards on site, you are

ultimately responsible for the supervision and care of the

children in your program. You and your assistant will want to

think through how you will handle situations such as a child

needing to use a public bathroom when you have other children

in the pool.

permission of the parents, providers

meeting the requirements of subdivision

(g) of section 416.5 of this Part may

allow children in day care to participate

in residential pool activities providing

the following supervision criteria are

met:

416.8 (a)(4)(i) The provider must

develop a plan of supervision which

ensures that there is a person

supervising the children in the pool at

all times children are using the pool.

This person must be able to swim.

Where some children in care are using

the pool and others are not using the

pool, the plan of supervision must

ensure that there will be adequate and

appropriate supervision of the children

using the pool and those not using the

pool. While the pool is in use, the group

family day care home must continue to

meet the supervision requirements of

subdivision (d) of this section for all

children in care, including children

involved in pool activities.

416.8 (a)(4)(ii) As of August 1, 2001,

any person supervising children in

pools must possess a current American

Red Cross Cardiopulmonary

Resuscitation Certification (CPR) or

equivalent certification, as approved by

the Office.

416.5 (g)(4) A trained person as

described in paragraph (4) of

subdivision (a) of section 416.8 of this

Part must be present at the pool

whenever the pool is in use by day care

children.

416.5 (g)(5) Providers approved to use

non-public or residential swimming

pools for children in day care will

maintain those records required by the

Office as a condition of approval of use

of the pool.

416.5 (h) Public swimming pools and

adjacent areas used by the children

must be constructed, maintained, staffed

and used in accordance with Chapter 1,

subpart 6-1, of the New York State

Sanitary Code, and in such a manner as

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Remember, pools are only one way to beat the heat. There are

plenty of safe alternative ways for children to get wet on a hot

summer day. Water sprinklers come in many varieties. Giving

each individual child a spray bottle of water to wash toys or

dolls outside is another possibility. Some providers use “camp

showers” to offer a gentle downpour. (But be sure to check the

temperature first. These can get very hot!) With some creative

thinking, you will be able to offer safe water play for children

while continuing to provide competent direct supervision.

will safeguard the lives and health of

children.

Pesticide Application

Chemicals used to kill pests and bugs are very powerful and can

be dangerous to the health of children. Many of the commercial

products for use on lawns, including those applied by lawn

services, contain pesticides as do those that are used to control

insects and vermin.

Children need to be protected from exposure to these potent

substances. Many of their body’s systems are still developing.

Contact with these poisons might prevent a child from

developing to his or her full potential. Unless it is absolutely

necessary, consider avoiding the use of pesticides at your

home.

If you live in an apartment, you are probably not the person

who decides whether or not a pesticide will be used in the

building or on the grounds. But your landlord must provide you

with proper notice and all the information listed below.

When you learn that a pesticide will be used, you must send a

written notice to parents at least two full days before it is

applied. You will need to include some very specific

information in this written notice to parents:

• the location and specific date of the application along

with alternative dates in case the application can’t be

416.11 (r)(4)(i) Any application of

pesticides (as the term pesticide is

defined in section 33-0101of the

Environmental Conservation Law) shall

be completed in accordance with the

requirements of section 390-c of the

Social Services Law and sections 33-

1004 and 33-1005 of the Environmental

Conservation Law.

416.11 (r)(4)(ii) In addition to the

requirements of section 390-c of the

Social Services Law, each day care

facility must send a notice home with

each child or otherwise provide

notification to the parent of each child

not less than forty-eight hours prior to

the application of pesticides. Such

notice must include:

416.11 (r)(4)(ii)(a) the location and

specific date of the application of

pesticides and may include two

alternate dates in the event that an

outdoor application cannot be made due

to weather conditions;

416.11 (r)(4)(ii)(b) the pesticide product

name and pesticide registration number

assigned by the United States

Environmental Protection Agency;

416.11 (r)(4)(ii)(c) the following

statement: “This notice is to inform you

of a pending pesticide application at

this facility. You may wish to discuss

with a representative of the day care

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made due to weather conditions;

• the name of the product and EPA pesticide registration

number; and

• a very specific statement informing the parents that

you (or your landlord) are planning to apply pesticides

and the specific statement as follows: “This notice is to

inform you of a pending pesticide application at this

facility. You may wish to discuss with a representative

of the day care facility what precautions are being

taken to protect your child from exposure to these

pesticides. Further information about the product or

products being applied, including any warnings that

appear on the label of the pesticide or pesticides that

are pertinent to the protection of humans, animals or

the environment, can be obtained by calling the

National Pesticide Telecommunications Network

Information line at 1-800-858-7378 or the New York

State Department of Health Center for Environmental

Health Info Line at 1-800-458-1158”. In addition, if they

have questions they should discuss them with you; and

• the name and contact number of a representative at

your day care facility who can be contacted for

additional information.

If you plan to apply pesticides following the procedure above,

apply them or have them applied on Friday after day care hours

if no day care is provided on weekends.

There are many natural alternatives to pesticide application.

Your local Cooperative Extension agent can often suggest less

harmful products.

facility what precautions are being

taken to protect your child from

exposure to these pesticides. Further

information about the product or

products being applied, including any

warnings that appear on the label of the

pesticide or pesticides that are pertinent

to the protection of humans, animals or

the environment, can be obtained by

calling the National Pesticide

Telecommunications Network

Information line at 1-800-858-7378 or

the New York State Department of

Health Center for Environmental

Health Info Line at 1-800-458-1158”;

and

416.11 (r)(4)(ii) (d) the name of a

representative of the day care facility

and contact number for additional

information.

416.11 (r)(4)(iii) Any day care provider

that fails to send the appropriate notice

of pesticide application as set forth in

subparagraph (ii) of this paragraph

shall, for a first such violation of this

subdivision, be issued a written warning

in lieu of penalty. For a second

violation, such provider shall be subject

to a penalty not to exceed one hundred

dollars. For any subsequent violation,

such provider shall be subject to a

penalty not to exceed two hundred and

fifty dollars for each violation. No

penalty may be assessed by the

Commissioner without affording the

provider with notice and an opportunity

for a hearing pursuant to section 413.5

of this Article.

416.11 (r)(4)(iv) Any finding by the

Department of Environmental

Conservation of a violation by the

provider of the requirements set forth in

sections 33-1004 or 33-1005 of the

Environmental Conservation Law shall

be deemed a safety hazard to children in

care and a violation of this subdivision.

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Resources

You will find additional resources related to this chapter in the Appendix at the end of this Handbook.

Some that may be helpful to you include:

• Sample Emergency Telephone Numbers

• First Aid Kit Recommended Items

• OCFS Regional Offices

• State Agencies and Organizations

• National Organizations

• County Health Departments

• Books and Publications

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Fire Protection and Non-Medical Emergencies

Fire and other non-medical emergencies can strike at any moment. And because the

nature of disasters are what they are, you will never know when, where, or how they

will strike, so your best defense is to be prepared to evacuate all the children from

your home in a calm and orderly manner at a moment’s notice. The best way to

achieve and maintain calm and order in emergency situations is to plan ahead, be

prepared and practice regularly.

In this section of the Handbook we’ll take a look at what you and your assistant must do to prepare for

a fire or other non-medical emergency. This includes having essential inspections and keeping

important fire protection tools such as smoke detectors and fire extinguishers on hand, planning for

and practicing emergency evacuations and notifying local authorities.

Essential Inspections

Fires can start quietly and spread quickly. By taking steps to

reduce the chance of fire in your home, you can save lives.

There are several things you need to do to prevent an

unexpected fire. One of those things includes having

inspections of your wood or coal burning stoves, working

chimneys and fireplaces and permanently installed gas space

heaters.

You will need to ask local inspectors to come to your home,

do an inspection and provide you with a written report that

your fireplace, chimney, wood or coal burning stove or

permanently installed space heaters are safe. Local fire

departments, chimney sweeps, code enforcement inspectors,

fire marshals, fire inspectors, installation contractors and

companies that install alternate forms of heat can perform

these inspections. It’s a good idea to have an inspection each

fall. These inspections are required when you apply for and

when you renew your license. See “Managing and

416.4 (a) Suitable precautions must be

taken to eliminate all conditions which may

contribute to or create a fire hazard.

416.4 (h) Wood or coal burning stoves,

chimneys, fireplaces and permanently

installed gas space heaters in use at the

home must be inspected and approved by

local authorities.

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Administering Your Program” in this Handbook for more

information.

In addition to inspections of fireplaces and wood or coal

burning stoves, you can reduce the possibility of a fire by

eliminating fire hazards in your program.

Portable heaters can get very hot. They can cause burns if

touched and can start fires if tipped over or if the wiring

becomes damaged. They cannot be used in rooms where you

care for children, including areas you use for napping.

Trash, garbage and other materials can also become fire

hazards. Do not store trash, garbage and any other materials

that can catch fire easily (oily rags, papers, gasoline) near

your furnace or in rooms or areas that are next to or used by

children including your garage.

Many people do not know that dryer lint is highly flammable.

It can cause a serious fire in seconds. Be sure to clean out

your dryer lint trap every time you use your dryer!

416.5 (c) Portable electric heaters or other

portable heating devices, regardless of the

type of fuel used, may not be used in rooms

accessible to the children.

416.4 (g) Trash, garbage and combustible

materials must not be stored in the furnace

room, or in rooms or outdoor areas

adjacent to the home that are ordinarily

occupied by or accessible to children. If

there is not a separate, enclosed furnace

room, trash, garbage and combustible

materials must not be stored within four

feet of the furnace.

Smoke Detectors and Fire Extinguishers

A fire can double in size every few seconds. Working smoke

detectors are a critical part of your fire protection plan that

can save crucial moments. They often make a life-or-death

difference in a fire. Make sure you have working smoke

detectors outside each area where you have children napping

or resting and at least one on each floor of your home

including basements, attics, crawl space areas and garages.

Be sure the batteries in your smoke detectors are replaced

every six months. When you change your clocks in the spring

and fall, it’s a good time to change the batteries in your

smoke detector.

416.4 (c) Operating smoke detectors must

be used in all group family day care

homes. There must be one smoke detector

on each floor of the home. A smoke

detector must be located outside each area

used for naps. Where smoke detectors

operate from electric power within the

home, such detectors must have a battery

powered back-up energy source, or battery

powered smoke detectors must be used as a

back-up system.

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Sounding or activating the alarm, usually at the touch of a

button, is a good way to alert children that a fire drill is

underway and to make sure the batteries in the smoke

detector are working.

Some smoke detectors are powered by your home’s

electrical system. This type of detector will not work if the

power goes out or if you have an electrical fire that causes

the electricity to short out. If you have this type, each

detector must have a battery operated back-up system. If

your smoke detector runs on electricity and has a battery

back-up system, turn off your electric power and check to

make sure that the smoke detector works using the battery.

Your town, city or county may have building codes related to

smoke detectors. Call your licensor, registrar or OCFS

licensing office to find out what you need to have to keep

children safe in case there is a fire.

Another fire safety tool that you must have in your home is a

working multi-purpose fire extinguisher. The label should

indicate that the extinguisher is for “type A – B – C fires.”

This allows it to extinguish a variety of fires (e.g. wood, oil,

electrical).

Place your fire extinguisher in your kitchen and outside the

room that contains your furnace. Be sure it has a full charge

and an unbroken seal.

Check the tag that is attached to the fire extinguisher. This

will give you important information about when the

extinguisher was last inspected. There is usually a gauge

located on the fire extinguisher that will indicate if the

extinguisher is charged. If the inspection is overdue or there

is no charge, replace the fire extinguisher or call the number

on the canister and arrange to have it recharged.

416.4 (d) Multi-purpose fire extinguishers

of a type approved for use in residences

must be maintained in good working

condition and placed in the kitchen and

outside the furnace room. A group family

day care provider located in a multiple

family dwelling is not required to place or

maintain a fire extinguisher outside the

furnace room of such dwelling. The

caregivers must know how to use the fire

extinguishers placed in such home. Fire

extinguishers with gauges must show a full

charge. Fire extinguishers with seals must

have unbroken seals.

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A fire extinguisher will not do much good if it is kept behind

a cupboard door because it doesn’t match your kitchen décor

or you don’t want to put holes in your walls for the hanger.

When your fire extinguisher is visible, it can be used in a

hurry.

Finally, it’s important for you and your assistant to know how

to use a fire extinguisher in case there is fire in the path of

any of your exits. However, in case of a fire, the most

important thing you need do is to immediately evacuate all

of the children. Fires spread so rapidly that you and your

assistant may only have enough time to get children out

safely. Leave the building with the children before you do

anything else!

Evacuations

Saving lives is the first priority in the event of any

emergency. In non-medical emergencies such as fires, gas

leaks or utility malfunctions, this means that you and your

assistant will need to evacuate children quickly, calmly and

safely. Planning, preparation, and practice are the essential

ingredients of any successful emergency evacuation plan.

Writing down your evacuation plan helps you and your

assistant be prepared to get all the children out of your

home quickly and safely. You will submit this plan to OCFS

for approval. Post your plan where parents can see it and

keep a copy on file. Your plan must include:

• how children and adults will be alerted to the

emergency;

• the pathways that will be taken to evacuate your

home;

• how children and adults will get out of your home,

416.5 (b) The provider must submit a

written plan for the emergency evacuation

of children from the premises for each shift

of care provided (day, evening, night),

using a form furnished by the Office or an

approved equivalent form. Primary

emphasis must be placed on the immediate

evacuation of children. The plan, as

approved by the Office, must be posted in a

conspicuous place in the home or filed in a

place in the home which is available to the

parents of the children in care. The

approved emergency evacuation plan must

describe the following:

416.5 (b)(1) how children and adults will

be made aware of an emergency;

416.5 (b)(2) primary and secondary

evacuation routes;

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the meeting place after evacuating and how you will

take attendance to assure that everyone has

evacuated; and

• how parents and authorities will be alerted to the

evacuation.

In some cases, your smoke detector alarm will alert children

and adults to a fire emergency. Establish a back up signal

that can be used if a fire is spotted before the alarm goes

off. Children should already be familiar with the sound and

know how to respond because you have practiced fire drills

before any emergency occurs. For other types of

emergencies you may want to ring a specific bell or blow a

whistle.

You will also need to identify routes you and your assistant

will use to evacuate children from your home. These

evacuation routes or pathways are called “means of egress”.

Each level of your home used for child care must have at

least two different pathways leading outside from any

specific location. For example, if you, your assistant and the

children spend most of your time in your living room, you

have to identify two different paths from the living room out

of the house. When your pathways are separate from each

other, it is more likely that at least one will be safe to use in

case of a fire.

The best way to oversee the safety of the children and assist

them in a fire emergency is to keep the children all on the

same floor. However, there are some specific situations

when children can be on a different floor for very short

periods of time such as using a bathroom. See the “Providing

and Maintaining a Safe Environment Inside and Out” section

in this Handbook for more information.

If you provide care primarily on the second floor of your

416.5 (b)(3) methods of evacuation,

including where children and adults will

meet after evacuating the home, and how

attendance will be taken; and

416.5 (b)(4) notification of authorities and

the children's parents.

416.4 (e) Children must be located on the

same floor of the group family day care

home as a caregiver at all times, except as

specified in section 416.8 of this Part.

Children must not be located above the

second floor of a single family dwelling.

416.4 (f) Children may be cared for only

on such floors as are provided with readily

accessible alternate means of egress which

are remote from each other.

416.4 (f)(1) When care is provided

primarily on the first floor of a group

family day care home and the second floor

is used on a limited basis, including for

napping purposes, one means of egress

from the second floor must be either an

interior stairway with no intervening

rooms or obstructions which leads to an

exterior door at ground level, or an

exterior stairway which leads directly to

the ground. The second means of egress

may be a window which is at least 24

inches in its smallest dimension and which

is adequate for the safe evacuation of

children and adults.

416.4 (f)(2) When care is provided

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home, one pathway or “means of egress” from the second

floor must be either a stairway inside your home that leads

directly to a door to the outside or a stairway on the outside

of your home that leads directly to the ground outside.

If you provide care primarily in a basement that is below

ground level, make sure that one of your pathways is an

interior stairway that leads to a door that will take you

outside or an exterior stairway that leads to the ground.

Make sure that there are no obstacles on the stairs or

throughout other portions of your planned evacuations

routes, including having to go through any other rooms to get

outside.

A window can be used as a means of egress from your second

floor if you only use your second floor on a limited basis,

including napping. The window must measure at least 24

inches on its smallest side.

If you do use a window as one of your means of egress, take

the time to see if you and your assistant can fit through the

window and “land” safely on the other side. A window that is

6 feet above the ground and has a thorn bush directly

underneath it would not be an appropriate means of egress.

If you or your assistant have difficulty fitting through the

window and you care for children that need to be carried,

this pathway is not suitable for evacuation of children, and

may actually become a serious barrier.

Spend some time before there is a real emergency

determining the best way out. Evaluate all the allowable

pathways to choose those that are the best for you and the

children. Ask yourself “Is this realistic? Can we do it?”

During an evacuation, you and the children will not have

time to stop and put on shoes or boots. If adults and children

primarily on the second floor of a group

family day care home, both means of

egress from the second floor must be

stairways. One stairway must be an

interior stairway with no intervening

rooms or obstructions which leads to an

exterior door at ground level, and the other

stairway must be exterior to the house and

lead directly to the ground.

416.4 (f)(3) Where children are located

below ground level, one means of egress

from the below-ground level area must be

either an interior stairway with no

intervening rooms or obstructions which

leads to an exterior door at ground level,

or an exterior stairway which leads

directly to the ground. The vertical travel

to ground level may not exceed eight feet.

The second means of egress may be a

window which is at least 24 inches in its

smallest dimension and which is adequate

for the safe evacuation of children and

adults.

416.5 (b)(3) methods of evacuation,

including where children and adults will

meet after evacuating the home, and how

attendance will be taken; and

416.5 (b)(4) notification of authorities and

the children’s parents.

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take off their “outdoor” shoes when they come into your

program, consider having them change into “indoor” shoes or

slippers that are only worn inside. This prevents dirt from

coming into your home and protects feet from injuries during

an evacuation.

Another important part of your evacuation plan will include

the methods of evacuation. Carefully consider how children

will physically get out of your home. Many children can walk

on their own. Infants and toddlers may need to be carried.

Some providers use evacuation cribs for infants specifically

designed to meet the demands of an emergency evacuation.

Children with physical or emotional challenges may need

other accommodations.

Your plan must also include where you, your assistant and

the children will meet once you’ve left the building and how

attendance will be taken so you can be sure that everyone is

present and accounted for in an emergency evacuation

situation. Consider where you will go if everyone around you

will also be evacuated. For example, let’s say your meeting

place is your neighbor’s home. But in some emergencies such

as a chemical spill, an area of several square miles may be

evacuated. In this situation, you would not be able to go to a

neighbor’s home and would need to go to your alternate

meeting place. Your town or city may already have plans for

emergency shelters in these types of situations. Contact your

local government and local American Red Cross to find out

what plans are in place for your area.

If you have children that come into your program after

school, it’s a good idea to find out the procedure that will be

followed if the school must be evacuated.

You will need to contact parents in the event of an

emergency. If you are planning to use a pay phone, make

sure you know where the phone is located and that you have

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the correct change or a credit card to operate the phone. If

you are depending on using a neighbor’s phone in an

emergency, make sure your neighbor’s agreeable to this

arrangement and that you’ve worked out how you will get

into the house to use the phone if they are not at home.

You’ll also need phone numbers during an emergency

evacuation. Parents’ phone numbers and their emergency

contacts will be on the all important “Blue Cards” that you

take with you when you evacuate your home. Other numbers

you may also need include the utility companies (gas,

electric, telephone), heating repair service, and taxi service.

You may want to use the “Sample Emergency Telephone

Numbers” in the Appendix of this Handbook to keep these

important numbers organized.

An evacuation bag will be an important tool when you

evacuate your program. Use this to keep all essential

supplies in one place and ready to go at a moment’s notice.

Be sure your evacuation bag includes necessary phone

numbers and “Blue Cards.” If you need to evacuate the area,

you may also need car keys. A backpack will allow your

hands to stay free to open doors, hold hands and carry

infants. Keep it by your primary exit door.

Think about how you will keep children warm and dry if you

are outside for an extended period of time. You may want to

pack extra socks, slippers, mittens and hats in an

“emergency bag.”

If you make changes to your evacuation plans, you will need

to keep everyone informed of the changes. Depending on

your specific situation, this might include your licensor or

registrar, parents, your assistant, substitutes, alternate

providers and alternate assistants as well as children.

Now that you have your evacuation plan in place, it’s time

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for you, your assistant and the children to practice. You must

have an evacuation drill once a month during the time when

children are attending your program. Follow each part of

your written plan: use the signal, routes, methods, meeting

place and attendance process you identified. Calling the

emergency contacts is a good way to ensure that your phone

numbers are up to date. Hold your practice drills at different

times of the day. Be sure to record the date and time you’ve

had your monthly drill on the form provided by OCFS.

416.4 (b) Evacuation drills must be

conducted at least monthly during the

hours of operation of the group family day

care home. If evening and/or night care is

provided, such drills must be conducted

monthly during each shift of care. The

provider must maintain on file a record of

each evacuation drill conducted using

forms provided by the Office or approved

equivalents.

Notifying Local Authorities

In an emergency, life-saving emergency workers such as fire

fighters, police officers and county sheriffs will need to find

your home quickly. They may also need to contact you about

emergencies such as chemical spills, severe weather or

evacuation orders.

These community helpers can’t keep you and the children

safe if they don’t know about you! Make sure you complete

the form sent to you with your license and mail it to your

local emergency responders within five days of receiving

your license. The form must provide the following

information to the local police and fire department or county

sheriff’s office:

• your address;

• maximum number of children you have in care;

• ages of the children; and

• hours of operation.

Procedures for some emergencies such as blizzards, chemical

spills, tornados, earthquakes and hurricanes are often

developed by local government, police departments and Red

Cross offices. Talk with your local authorities about

emergency response plans for these types of emergencies. Be

sure you know the plan and the steps you’ll take to keep

children safe.

416.15 (a)(18)(i) Within five days after

receiving the initial license and before

actually commencing operation, the

provider must, using a form specified by

the Office for that purpose, notify the local

police and fire departments of the

municipality within which the group family

day care home is located of the following:

416.15 (a)(18)(i)(a) the address of the

group family day care home;

416.15 (a)(18)(i)(b) the maximum capacity

of the group family day care home;

416.15 (a)(18)(i)(c) the age range of

children that will be in care; and

416.15 (a)(18) (i) (d) the hours during

which children will be in care.

416.15 (a)(18)(ii) If the local municipality

does not have a police or fire department,

the sheriff of the county within which the

group family day care home is located

must be notified instead. The provider must

notify the local police and fire departments

or the county sheriff, as appropriate, if

there is any change in any of the

information required to be provided

pursuant to subparagraph (i) of this

paragraph;

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To be prepared for these situations, you may want to have a

3-day emergency supply of food including formula for babies,

water, clothes and diapers for each child in your care. Store

these items in a safe location in your home. Periodically

check these items. Children grow and change over time. It’s

amazing how fast infants outgrow diapers! Your local

American Red Cross may have additional suggestions based

on your geographic location and community resources. You

can find your Red Cross in your phone book or on the

American Red Cross website at www.redcross.org.

When you have done all of these things you and your

assistant are prepared to act calmly and quickly in the event

of a fire or other non-medical emergency. Remember, if you

have an emergency that requires help from your fire, police

or sheriff’s department, you must also notify OCFS.

Resources

You will find additional resources related to this chapter in the Appendix at the end of this Handbook.

Some that may be helpful to you include:

• Sample Emergency Telephone Numbers

• OCFS Regional Offices

• State Agencies and Organizations

• National Organizations

• Books and Publications

Page 74 Group Family Day Care Provider Handbook

rev Jun 2006 Protecting and Promoting Children’s Health

Protecting and Promoting Children’s Health

Protecting and promoting the health of the children in your group family day care

home is a challenging responsibility. You need to know about each child’s basic

health when they enroll, including whether he or she has up-to-date immunizations,

or has a special condition that will affect how you and your assistant provide care.

This responsibility also includes you and your assistant using your observation skills

to monitor the overall health and well-being of each child every day. You can then

make sound and reasonable decisions about excluding ill children from care, reporting suspected child

abuse or maltreatment, and responding to medical emergencies.

In this section of your Handbook we’ll go over all the things you and your assistant need to do to

protect and promote the health of each child in your care. We’ll address the importance of knowing

about each child’s health history including keeping up-to-date with immunizations and getting lead

screen results. Developing and following through on a health care plan, doing a daily health check to

get valuable information about each child’s health and planning how to respond in case of a medical

emergency are also covered in this section. Finally, your role in reporting child abuse and

maltreatment is also addressed.

Children’s Health History

One of the many ways you promote the health of children in

your care is to assess their current health status and any

special medical conditions when they first enroll in your

program. This will help you and your assistant determine the

course of action to take in collaboration with parents to keep

children healthy.

Health status information you will need to have includes:

• immunization records;

• lead screen results;

• the existence of any special conditions such as

allergies or asthma;

• what will be necessary for a child with such

conditions to participate in the program; and

416.11 (e) Other than children who are

enrolled in kindergarten or a higher grade,

no child may be accepted for care in a

group family day care home unless the

provider has been furnished with a written

statement signed by a health care provider

verifying that the child is able to

participate in child day care, currently

appears to be free from contagious or

communicable disease, and is receiving

health care, including appropriate health

examinations in accordance with the

American Academy of Pediatrics schedule

of such care and examinations. The written

statement from the health care provider

must also state whether the child is a child

with special health care needs and, if so,

what special provisions, if any, will be

necessary in order for the child to

participate in day care. Where the written

statement from the health care provider

advises the day care provider that the child

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Protecting and Promoting Children’s Health rev Jun 2006

• a statement from the health care provider confirming

the current health status of each child based on a

physical examination.

When a child with a specific need or needs related to a

medical condition is enrolled, you must work with the

parents and the health care provider to develop a special

health care plan for that child. If special equipment or

procedures are necessary, for example giving a nebulizer

treatment to a child with asthma, you must be approved by

OCFS to administer medication in your program. You must

include in the special health care plan for that child how you

will be trained in how to use the nebulizer, mix the

medication and administer the medication to the child as

ordered by the doctor. This training will ensure that the

child’s medical needs are looked after and will assure the

parents that the child is receiving appropriate care in your

group family day care home.

being enrolled is a child with special

health care needs, the day care provider

must work together with the parent and

the child’s health care provider to develop

a reasonable health care plan for the child

while the child is in the child day care

program. The health care plan for the

child must also address how the day care

provider will obtain or develop any

additional competencies that the day care

provider will need to have in order to

carry out the health care plan for the child.

The provider must also be furnished with

documentation stating that the child has

received age-appropriate immunizations in

accordance with New York State Public

Health Law.

416.11 (a)(5) which staff members are

certified to administer medications. The

plan must state that only a trained,

designated staff person may administer

medications to children, except in those

programs where the only administration of

medications offered will be the

administration of over-the-counter topical

ointments, including sunscreen lotion and

topically applied insect repellant pursuant

to paragraph (12) of subdivision (j) of this

section. The designated staff person may

only administer medications to children if

the designated staff person is at least 18

years of age, possesses a current

certification in first aid and

cardiopulmonary resuscitation (CPR), and

has completed the administration of

medication training pursuant to paragraph

(14) of subdivision (j) of this section;

416.11 (j)(2) Nothing in this section shall

be deemed to require any caregiver to

administer any medication, treatment, or

other remedy except to the extent that such

medication, treatment or remedy is

required under the provisions of the

Americans with Disabilities Act.

Immunizations and Lead Screening

Immunizations are powerful tools to prevent illness and

diseases. They are so important that you cannot admit a

child into your program unless his or her immunizations are

416.11 (e)(1) Any child not yet immunized

may be admitted provided the child’s

immunizations are in process, in

accordance with the requirements of the

New York State Department of Health, and

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rev Jun 2006 Protecting and Promoting Children’s Health

up-to-date according to the New York State Department of

Health requirements, or the parent has provided you with

specific appointment dates to get the required

immunizations. This includes your own children! One

exception to this regulation is that you may admit a child

without up-to-date immunizations if the parent provides you

with a statement indicating genuine and sincere religious

beliefs that prohibit the immunization of the child.

Immunizations are given to children at various ages. Some

are given to a child right after birth and others when the

child is older such as at 6 months and 1 year. Some are given

in a single dose and others in two or three doses a few

months apart. The children in your home should have all

immunizations that correspond with their age. The New York

State Department of Health updates its list of required

vaccines regularly. It is available on their website at

www.health.state.ny.us or from your county health

department. A list of local health departments is included in

the Appendix of this Handbook.

All the children in your care, including your own, must be up-

to-date with their immunizations in accordance with the New

York State Department of Health Immunization Schedule.

This means that you will need to be organized and have a

plan to remind families when their child’s immunizations

need to be up-dated. An effective way to do this is to go

through all of the children’s medical forms and record on a

special calendar when their next immunizations and physical

examinations are due. Write yourself a note or include a

statement in your parent handbook that you will remind

families that their child’s immunizations are due a month

ahead of time.

Immunizations can be expensive. Many counties offer free

clinics. Some families may be eligible for Medicaid. Some

the parent gives the provider specific

appointment dates for subsequent

immunizations.

416.11 (e)(4) With the exception of

children meeting the criteria of

paragraphs (2) or (3) of this subdivision,

children enrolled in family day care home

must remain current with their

immunizations in accordance with the

current schedule for immunizations

established by the New York State Health

Department.

416.11 (e)(5) The caregiver’s children

receiving care in the home must meet the

health and immunization requirements

specified above.

416.11(c) The provider must retain on file

in the group family day care home a

statement from a health care provider for

each person residing in the group family

day care home. Such statement must be

completed within 12 months preceding the

date of the application and must state that

the person residing in the home has no

health conditions which would endanger

the health of children receiving day care in

the home.

Group Family Day Care Provider Handbook Page 77

Protecting and Promoting Children’s Health rev Jun 2006

families may be eligible for Child Health Plus or Family

Health Plus. These statewide programs provide low cost

health insurance. Check with your county health department

or visit www.health.state.ny.us.

There are some specific situations when children who have

not received immunizations can be enrolled in your program.

These situations include:

• families who have genuine and sincere religious

beliefs that prohibit immunizations; and

• children who have health conditions that may be

made worse by immunizations.

If the family has a sincere and genuine religious belief that

their child should not be immunized, ask the parent for a

written statement explaining this belief. You should notify

your licensor or registrar when this occurs. This statement

must also be kept in the child’s file.

If a parent says that there are immunizations that would be

detrimental to their child’s health, ask the parents to

provide you with a written statement from a physician,

licensed to practice medicine in New York State, explaining

how the immunization may be detrimental the child’s health.

This statement must also be kept in the child’s file.

Lead poisoning can cause major harm to a child such as

learning disabilities and serious health and behavior

problems. Because lead poisoning often occurs without clear

symptoms, it can go unrecognized. When you enroll a child

under six years of age, you need to ask the parent for a

certificate that indicates that the child has had a lead

screening. If the parent doesn’t have a certificate or plans

not to have their child screened at all, give the parent some

written information about lead poisoning and prevention and

continue to enroll the child. You can’t exclude a child from

care because she doesn’t have a lead screening certificate.

416.11(e)(2) Any child who is not

immunized because of the parent’s genuine

and sincere religious beliefs may be

admitted if the parent furnishes the

provider with a written statement to this

effect.

416.11 (e)(3) Any child who is missing one

or more of the required immunizations

may be admitted if a physician licensed to

practice medicine in New York State

furnishes the provider with a written

statement that such immunizations may be

detrimental to the child’s health.

416.11 (i) The provider must try to obtain

a copy of a lead screening certificate for

each child under the age of six years. If the

parent does not have one, the provider may

not exclude the child from child day care,

but must give the parent information on

lead poisoning and prevention, and refer

the parent to the child’s health care

provider or the local health unit for a lead

blood screening test.

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You can give parents information and encourage them to

have their child tested for lead poisoning.

For more information and resources on lead poisoning, you

can contact your local Department of Health. A list of local

departments is included in the Appendix of this Handbook.

Group Family Day Care Provider Handbook Page 79

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Health Care Plans

Another way to respond to children’s health needs is to

develop a plan of action that will prepare you and your

assistant for a variety of health care issues, such as sudden

illness, suspicions of child abuse and maltreatment,

medication administration or a medical emergency.

Your health care plan will include:

• how you will determine when a child is too sick to be

in your program;

• how you will review and monitor each child’s

immunizations as required by New York State Public

Health Law;

• what training you and your assistant will obtain to

care for the health needs of the children in your

program;

• how to conduct a daily health check;

• how to document changes in children’s health status,

including signs of illness, injuries, and abuse or

maltreatment;

• how you will care for a child when he develops

symptoms of illness or is injured;

• what system you have in place to contact parents

when a child develops symptoms of illness or is

injured;

• your plan when staff are ill;

• how you will handle health emergencies;

• what you will keep in your first aid kit and how you

will replenish supplies that are used; and

• how you will obtain professional assistance in

emergencies.

If you plan to administration medication to children you will

need to include the following in your health care plan:

• which caregiver(s) is trained and approved to

416.11 (a) The provider must prepare a

health care plan on forms furnished by the

Office, or approved equivalents. Such plan

must protect and promote the health of

children. The health plan must be on site,

followed by the caregivers and available

upon demand by a parent or guardian or

the Office. Where the provider will

administer medications, the health care

plan must also be approved by the

program's health care consultant. Should

the health care consultant determine after

a visit to the day care program that the

approved health care plan is not being

reasonably followed by the provider, the

health care consultant may revoke his or

her approval of the plan. If the health care

consultant revokes his or her approval of

the health care plan, the health care

consultant must immediately notify the

provider and the provider must

immediately notify the Office. In that

instance, the health care consultant may

also notify the Office directly if he or she

so desires. The health care plan must

describe the following:

416.11 (a)(1) how a daily health check of

each child for any indication of illness,

injury, abuse or maltreatment will be

conducted;

416.11 (a)(2) how a record of each child’s

illnesses, injuries and signs of abuse or

maltreatment will be maintained;

416.11 (a)(3) how professional assistance

will be obtained in emergencies; and

416.11 (a)(4) the advance arrangements

for the care of any child who has or

develops symptoms of illness or is injured,

including notifying the child’s parent.

416.11 (a)(5) which staff members are

certified to administer medications. The

plan must state that only a trained,

designated staff person may administer

medications to children, except in those

programs where the only administration of

medications offered will be the

Page 80 Group Family Day Care Provider Handbook

rev Jun 2006 Protecting and Promoting Children’s Health

administer medication;

• where you will store medication;

• your procedures for expired medication;

• how you will document the administration of

medication;

• how you will document any missed doses of

medication;

• if you plan to keep a supply of over-the-counter

medication on hand for when children develop

symptoms;

• your procedures for reporting any medication errors

that occur in your program;

• the designation of a health care consultant; and

• the scheduling of visits by a health care consultant.

If you decide to administer medication in your program, you

will be required to designate the caregiver(s) to successfully

complete the OCFS MAT approved course to administer

medication. The MAT course reviews the information you’ll

need to know to make sure you have the appropriate

parental permissions and health care provider instructions

and label information needed to give medication. It will also

discuss the routes you will be approved to give medication.

Remember, this training only allows you to administer

medication in your program only.

To be approved to administer medication in your

program, the designated caregiver(s) must :

• complete OCFS-approved Medication

Administration Training (MAT)*;

• be at least 18 years of age;

• have current certification in Cardiopulmonary

Resuscitation (CPR);

• have current certification in First Aid; and

• be listed on your program’s health care plan

approved by your program’s health care

administration of over-the counter topical

ointments, including sunscreen lotion and

topically applied insect repellant to

paragraph (12) of subdivision (j) of this

section. The designated staff person may

only administer medications to children if

the designated staff person is at least 18

years of age, possesses a current

certification in first aid and cardio-

pulmonary resuscitation (CPR), and has

completed the administration of

medication training pursuant to paragraph

(14) of subdivision (j) of this section;

416.11 (a)(6) the designation of the health

care consultant of record for programs

offering the administration of

medications, except in those programs

where the only administration of

medications offered will be the

administration of over-the counter topical

ointments, including sunscreen lotion and

topically applied insect repellant pursuant

to paragraph (12) of subdivision (j) of this

section; and

416.11(a)(7) the scheduling of visits by a

health care consultant to programs

offering the administration of medications,

except in those programs where the only

administration of medications offered will

be the administration of over-the counter

topical ointments, including sunscreen

lotion and topically applied insect

repellant pursuant to paragraph (12) of

subdivision (j) of this section.

416.11(f)(2) Where a provider or caregiver

has been certified to administer

medications in a day care setting in

accordance with the requirements of

paragraph (14) of subdivision (j) of this

section, such caregiver may administer

emergency care through the use of

epinephrine auto-injector devices when

necessary to prevent anaphylaxis for an

individual child but only when the parent

or guardian and the child's health care

provider have indicated such treatment is

appropriate.

416.11(j)(3) Nothing in this section shall

be deemed to prevent a parent, guardian

or relative within the third degree of

consanguinity of the parents or step-

parents of a child, even if such a person is

Group Family Day Care Provider Handbook Page 81

Protecting and Promoting Children’s Health rev Jun 2006

consultant and by OCFS.

*Any caregiver with a valid New York State license as a

physician, physician assistant, registered nurse, nurse

practitioner, licensed practical nurse or advanced

emergency medical technician does not have to

complete the training. Documentation of the license or

certificate will be submitted with the health care plan.

Also, any parent, guardian or relative within the third

degree of consanguinity of the parents or step-parents

of a child, does not have to take the MAT course. A

relative within the third degree of consanguinity of the

parent or step-parent includes: the grandparents of the

child; the great-grandparents of the child; the great-

great-grandparents of the child; the aunts and uncles of

the child, including the spouses of the aunts and uncles;

the great-aunts and great uncles of the child, including

the spouses of the great-aunts and great-uncles; the

siblings of the child; and the first cousins of the child,

including the spouses of the cousins. In addition, if your

own children are enrolled in the program, you can give

them medication without training or your assistant’s

child is enrolled in your program and your assistant

gives the medication to her child she does not have to

take the MAT course.

If you plan to administer medication, other than over-the-

counter topical ointments, sunscreen and topical insect

repellent, you must have a health care consultant of record.

The health care consultant must have a valid New York State

license as a registered nurse, nurse practitioner, physician

assistant or physician. Any person who meets these

qualifications can be your program’s health care consultant.

Your health care consultant is a resource for your program.

She will work closely with you to review your program’s

health care plan and policies to care for the children in your

program. An important responsibility for the health care

consultant in reviewing the health care plan is to examine

and sign off on you and your assistant’s certificates of

training, (MAT, CPR and First Aid) qualifying them to

administer medication.

Your health care consultant must visit your program at least

once every licensing period although your consultant and you

may decide that she will come more often to review your

an employee of the program, from

administering medications to a child while

the child is attending the program even if

the provider has chosen to not administer

medications or if the staff person(s)

designated to administer medications is

not present when the child receives the

medication. If the provider elects not to

administer medications, the day care

provider or an employee must still

document the dosages and time that the

medications were given to the child by the

child's parent, guardian or relative within

the third degree of consanguinity of the

parents or step-parents of the child. If the

only administration of medication in a day

care program is done by a parent(s),

guardian(s) or relative(s) within the third

degree of consanguinity of the parents or

step-parents of a child, the provider and

employees(s) of the program do not have

to complete the administration of

medication training requirements pursuant

to paragraph (14) of subdivision (j) of this

section.

See also regulations 416.11(j)(5) –

416.11(j)(17)

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You may also choose not to administer any medication to

children in your program with the exception of those children

who are covered under the Americans with Disabilities Act.

You will have to closely evaluate your program to see if you

are able to make reasonable accommodations for these

children. This may include the need to take the OCFS

approved MAT course. But remember, you cannot give

medication to any child, including a child with special health

care needs, unless you first meet all the requirements to give

medication and are included as a medication administrant in

your health care plan.

For more information on medication administration, refer to

the Health Care Plan and Appendix sections of this

Handbook or your licensor.

Resources

You will find additional resources related to this chapter in the Appendix at the end of this Handbook.

Some that may be helpful to you include:

• Handwashing That Kills Germs

• Sanitizing Bleach Solutions

• Using Disposable Medical Gloves

• Recommended Procedure for Changing a Diaper

• Recommended Procedure for Cleaning and Sanitizing Potty Chairs

• Safety Precautions Relating to Blood

• Sample Emergency Telephone Numbers

• First Aid Kit Recommended Items

• OCFS Regional Offices

• State Agencies and Organizations

• County Health Departments

• Books and Publications

Page 88 Group Family Day Care Provider Handbook

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Reporting Child Abuse and Maltreatment

The topic of child abuse and maltreatment is often difficult to talk or even

think about. However, as a licensed group family day care provider, you and

other staff of your program are ‘mandated reporters’ and are required by law

to report suspicions that a child is being abused or maltreated.

This section includes the responsibilities of being a mandated reporter,

indicators of possible abuse, and the process to report possible abuse or

maltreatment. This section also addresses teaching children personal safety skills.

The Role of Mandated Reporters

As a licensed group family day care program, children must never be

abused or maltreated when they are in your program. You are

responsible to see that your, your assistant and any other adults

that care for children in your program do not harm a child.

As part of a licensed day care program, you, your assistant and any

other adults that care for children in your program are all mandated

reporters. Mandated reporters must report suspected incidents of

child abuse or maltreatment. These reports are taken by the staff of

the State Central Register of Child Abuse and Maltreatment (SCR).

Early childhood programs like your own may be the only place

where young children are seen on a daily basis for an extended

period of time. You or your assistant may be the only people to

report the suspected child abuse or maltreatment. Your action may

make a tremendous difference in the life of a child who may be

suffering abuse or maltreatment. Children who are being abused or

maltreated may not be able to develop to their full potential. These

children may carry emotional scars for life and suffer long-term

physical and emotional consequences.

A report is made to the SCR hotline when an individual has a

“reasonable cause to suspect” that a child has been abused or

416.10(a) Any abuse or

maltreatment of a child receiving

child care or residing in the home,

including the provider’s children

and any foster children, either as

an incident of discipline or

otherwise, is prohibited. A group

family day care home must prohibit

and may not tolerate or in any

manner condone an act of abuse or

maltreatment by an employee,

volunteer or any other person

under the provider’s control. An

abused child or maltreated child

means a child defined as an abused

child or maltreated child pursuant

to section 412 of the Social

Services Law.

416.10(b) In accordance with the

provisions of sections 413 and 415

of the Social Services Law, the

group family day care provider,

assistant, alternate assistant, or

substitute must report any

suspected incidents of child abuse

or maltreatment concerning a child

receiving child day care to the

Statewide Central Register of

Child Abuse and Maltreatment or

cause such a report to be made

when the provider has reasonable

cause to suspect that a child

coming before them in their

Group Family Day Care Provider Handbook Page 89

Reporting Child Abuse and Maltreatment rev Jun 2006

maltreated. Reasonable cause to suspect child abuse or

maltreatment means that you believe that the child is suffering

abuse or maltreatment based on your observations or knowledge of

the child. A mandated reporter must call and make a report if he or

she suspects a child is suffering abuse or maltreatment.

Mandated reporters must report suspected abuse or maltreatment

even when the situation involves you, your assistant or any others

caring for children in your program. These situations may include

lack of supervision or corporal punishment of a child in your

program. You have the obligation to report any of your staff that

you suspect has abused or maltreated a child. Your assistant and

alternate assistant have the obligation to report you if they suspect

that you have abused or maltreated a child. It’s critical that you

and your assistant and alternate assistant understand your

collective responsibility in this area before beginning work.

Resources are available to help you understand your role as a

mandated reporter. Your registrar or licensor can help. You and

your assistant will also take training related to child abuse and

maltreatment to meet your renewal requirements. The New York

State Office of Children and Family Services published the Summary

Guide for Mandated Reporters in New York State that may be a

helpful resource for you. It is available on the OCFS website at

www.ocfs.state.ny.us/main/publications/Pub1159.pdf or by

contacting your OCFS Regional Office listed in the Appendix.

Be sure parents understand your role as a mandated reporter as

well. You may want to share the Summary Guide for Mandated

Reporters in New York State with them to clarify this important

responsibility. You can download this brochure from the OCFS

website (www.ocfs.state.ny.us) or ask you registrar or licensor.

If you have any questions about your role as a mandated reporter or

the process to report possible abuse, talk with your registrar or

licensor. This is an important responsibility and can make the

difference between life and death.

capacity as a provider of group

family day care is an abused or

maltreated child. Such report must

be followed by a written report

within 48 hours, in the form and

manner prescribed by the Office, to

the child protective service of the

social services district in the

county in which the child resides.

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Indicators of Possible Abuse and Maltreatment

You or your assistant’s suspicions will usually be based on a number

of observable signs called indicators. These may include burns, welt

marks, bruises (especially bruises that are located in unusual places

or are in various stages of healing). A child might tell you a

different story about how the injury occurred than the parent has

told you. Or the child or parent may behave in an odd manner. Most

often, you will see a pattern of indicators that leads you to a

“reasonable cause to suspect.” But sometimes, one indicator (such

as a burn shaped like an iron) can be enough.

In situations of possible child abuse and maltreatment, your notes

about a child can be extremely important. These notes might help

you see a pattern and establish dates and times of incidents. Make

notes about a child’s behavior, illness, injuries and development.

Your observations made during daily health checks are a valuable

part of this. Include the dates and time of day when you make these

observations.

Make notes and observations regularly, not just when you suspect

child abuse or maltreatment. This will help you, and SCR staff if

necessary, get a more complete picture of the child over time.

Shaken Baby Syndrome

Shaken Baby Syndrome (SBS) is a severe form of head injury caused

by shaking a baby forcibly enough to cause the baby’s brain to

rebound against his or her skull. This violent movement causes

bruising, swelling and bleeding of the brain. It can lead to

permanent, severe brain damage or death. SBS is the leading cause

of death in child abuse cases in the US. Most children who survive

the incident that caused their shaken baby syndrome are left with

considerable disabilities such as brain damage, blindness, paralysis,

seizures, or hearing loss. While babies are at greatest risk, even

children as old as five can suffer shaking injuries. If a sleeping

416.11 (a) The provider must

prepare a health care plan on

forms furnished by the Office, or

approved equivalents. Such plan

must protect and promote the

health of children. The health plan

must be on site, followed by the

caregivers and available upon

demand by a parent or guardian or

the Office. Where the provider will

administer medications, the health

care plan must also be approved

by the program's health care

consultant. Should the health care

consultant determine after a visit to

the day care program that the

approved health care plan is not

being reasonably followed by the

provider, the health care

consultant may revoke his or her

approval of the plan. If the health

care consultant revokes his or her

approval of the health care plan,

the health care consultant must

immediately notify the provider

and the provider must immediately

notify the Office. In that instance,

the health care consultant may also

notify the Office directly if he or

she so desires. The health care

plan must describe the following:

416.11 (a)(1) how a daily health

check of each child for any

indication of illness, injury, abuse

or maltreatment will be conducted;

416.11 (a)(2) how a record of each

child’s illnesses, injuries and signs

of abuse or maltreatment will be

maintained;

Group Family Day Care Provider Handbook Page 91

Reporting Child Abuse and Maltreatment rev Jun 2006

infant arrives at your program, you should wake the child as part of

the daily health check.

As a licensed group family day care provider, you are required to

obtain training specific to Shaken Baby Syndrome every two-year

licensing period. Information on training in this topic can be

obtained by contacting your registrar or licensor or at

www.tsg.suny.edu . If you suspect a child is a victim of Shaken Baby

Syndrome, you must make a report to the SCR.

Making A Report

There is a special number for mandated reporters such as you, your

assistant or alternate assistant to call the SCR to report suspected

abuse and maltreatment. It is 1-800-635-1522. Once you or your

assistant calls to report a situation, the professional staff of the SCR

hotline will evaluate the information you give them. If they decide

the situation should be investigated, the SCR contacts the local

department of social services staff in your county to start an

investigation and take action to protect the child.

After you call the hotline and your report is taken, you must send a

completed form to the local department of social services. This

form is “LDSS 2221A.” A blank LDSS 2221A can be found on the OCFS

website: www.ocfs.state.ny.us

or by contacting your licensor.

Sometimes SCR staff may tell you that they believe that there is not

enough information to start an investigation and won’t “take the

report.” If you feel the child is at risk, you can ask the SCR staff

what other information you would need to provide or talk with an

SCR supervisor to further describe the situation.

Of course, it is important to keep written notes about making a

report to the SCR. Include the following documentation in your

Page 92 Group Family Day Care Provider Handbook

rev Jun 2006 Reporting Child Abuse and Maltreatment

records:

• notes about your contact with SCR hotline staff; and

• copies of form LDSS 2221A that you sent to the local social

services district.

Teaching Children About Personal Safety

It is always the responsibility of adults to protect children from

abuse and maltreatment. However, you and your assistant can help

children learn ways to help keep themselves safe. The specific

techniques children learn will depend on their ages and stages of

development. Of course, the families in your program are essential

partners in nurturing the dispositions and teaching skills that will

keep children safe. Make sure that you communicate with parents

about your plans and methods for teaching personal safety so you

can work together to keep children safe.

Before they can use personal safety skills, children need information

about danger signals and how to act in those situations. They also

need confidence to trust their intuitions and “gut feelings.” This

confidence will also help them be assertive in situations that feel

dangerous to them. Children also need to feel comfortable to share

all of their experiences with you and other adults and know they

will be heard in a non-judgmental way.

You and your assistant support children’s personal safety skills when

you help them:

• become independent and confident;

• build and maintain self-esteem;

• express emotions;

• establish trusting relationships with others;

• develop a healthy respect for their bodies;

• understand the difference between safe and unsafe

activities;

• respond to a variety of unsafe situations; and

416.7 (b) Children must receive

instruction, consistent with their

age, needs and circumstances, in

techniques and procedures which

will enable them to protect

themselves from abuse and

maltreatment.

Group Family Day Care Provider Handbook Page 93

Reporting Child Abuse and Maltreatment rev Jun 2006

• apply basic safety rules.

On a day to day basis this means that you and your assistant respond

to the cries, concerns, and feelings of children of all ages; you, your

assistant and the children respect each child’s need for personal

space; and you and your assistant listen to what children have to

say about others with their words as well as what they may

communicate about others with their bodies. For example, pay

attention when children tell you that they like spending time with a

specific adult or when a child backs up and clings to you when a

certain adult enters the room and comes near them. In both these

situations, the child may be giving you very important information,

information that you can use to keep him or her safe from harm.

You and your assistant can also provide activities and materials that

teach children about personal safety in developmentally appropriate

ways that are realistic and not frightening. Some activities that you

may want to consider include:

• reading stories of children sharing their feelings with adults;

• helping children learn their full name and phone number so

they can tell it to adult if they get lost;

• using puppets, dolls or “little people” to act out different

situations that are potentially unsafe; and

• practicing what to do if someone approaches a child when

you are outside, visiting a neighborhood playground or on a

field trip.

Think about what terms you will use with children for body parts.

Let families know what words you will use and allow children to

use. By doing this, everyone is agreeing to use the same words when

talking about their bodies.

Always respond to a child’s feelings with understanding. When a

child trusts you and your assistant to help them manage their

feelings and take any needed action, they are more likely to tell you

when something doesn’t feel right to them.

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Also, make sure you communicate to the children in your group

family day care that there are other people who can help keep

them safe from child abuse and maltreatment. Many children have

caring relationships with grandparents, neighbors, the parents of

their friends, teachers and others who can support a child.

Resources

You will find additional resources related to this chapter in the Appendix at the end of this Handbook.

Some that may be helpful to you include:

• Sample Emergency Telephone Numbers

• OCFS Regional Offices

• State Agencies and Organizations

• County Health Departments

• Books and Publications

Group Family Day Care Provider Handbook Page 95

Preventing the Spread of Germs rev Jun 2006

Preventing the Spread of Germs

Once you have children enrolled in your group family day care program, keeping

children healthy means that you and your assistant need to be diligent about

reducing the spread of germs. This is a real challenge when the number of germs

that are introduced into your home increases with each child you care for and the

number of assistants you have working for you. You’re not only getting each child’s

and assistant’s germs, but you’re also being exposed to the germs of every other

person that the child or staff member has come into contact with! When the number of germs

increases, the opportunities for communicable and contagious disease increase as well. To combat this

incredible increase in germs and the potential for illness, it is important for you to take action to

reduce the spread of germs.

You can make a tremendous difference in the health of the children in your care by controlling the

spread of germs with good infection control procedures. In this section of the Handbook we’ll take a

closer look at how to keep the germs in your program under control through proper handwashing and

personal hygiene routines. Diapering, toileting, and general cleaning routines are also included in this

section along with the procedures you will follow when dealing with blood in your program.

Handwashing and Personal Hygiene

The number one way you and your assistant reduce the

spread of germs is frequently and properly washing your

hands and the children’s hands. In fact handwashing is so

important that the regulations identify specific times that

big and little hands need to be washed!

Be sure you and your assistant wash your hands and the

children’s hands at the times listed below:

• at the beginning of each day;

• before and after administration of medication;

• when they are dirty;

• after toileting or assisting children with toileting;

• after changing a diaper;

• before and after food handling or eating;

416.11 (k) Caregivers must thoroughly

wash their hands with soap and running

water at the beginning of each day, before

and after the administration of

medications, when they are dirty, after

toileting or assisting children with

toileting, after changing a diaper, before

and after food handling or eating, after

handling pets or other animals, after

contact with any bodily secretion or fluid,

and after coming in from outdoors.

416.11 (l) Caregivers must ensure that

children thoroughly wash their hands or

assist children with thoroughly washing

their hands with soap and running water

when they are dirty, after toileting, before

and after food handling or eating, after

handling pets or other animals, after

contact with any bodily secretion or fluid,

and after coming in from outdoors. For

diapered children, caregivers must ensure

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• after handling pets or other animals;

• after contact with any bodily secretion or fluid; and

• and after coming in from outdoors.

If you’re thinking that you’re going to be washing your hands

a lot, you’re right! Having hand lotion or moisturizer readily

available to rub into your hands after handwashing is a good

idea. Hand lotion will help to keep your skin from becoming

dry and chapped.

Frequent handwashing isn’t the only important part of

effective germ control. How you wash your hands is vitally

important as well. We’ve included the step-by-step

procedure for proper handwashing in the Appendix of this

Handbook.

Children will need your help with handwashing. They will

need you and your assistant to model proper handwashing in

a sink with soap and running water. Hanging up a poster

close to the sink that uses pictures to show each step of the

handwashing procedure will help children who like to do it

themselves. However, children still may need you and your

assistant to assist them in putting soap on their hands,

putting their hands under running water and making sure

they have a paper towel to dry their hands when they‘ve

rubbed and scrubbed for at least 30 seconds. You’ll also

need covered trash cans for used paper towels.

If you care for babies, it’s important to clean their hands

after diapering. If they seem too small to put their hands

under running water, use a wipe to gently clean their tiny

fingers after each diaper change.

With so much handwashing you may be thinking that you

could be saving time and your skin if you use commercial

hand washing gel or wipes. These are not a substitute for

handwashing using running water and soap. Gels and wipes

that adequate steps are taken to clean the

child after each change of diaper.

Caregivers must assist children in keeping

clean and comfortable, and in learning

appropriate personal hygiene practices.

Children in night care shall have a routine

that encourages good personal hygiene

practices. Each child shall have an

individual washcloth, towel and toothbrush

and shall have the opportunity to change

into night clothes and wash before bed. The

caregiver will give each child a shower,

tub, or sponge bath in a manner agreed to

between the parent and the provider.

416.11(q)(2) Either disposable towels or

individual towels for each child must used.

If individual cloth towels are used, they

must be laundered daily. Sharing personal

hygiene items, such as washcloths, towels,

toothbrushes, combs and hairbrushes is

prohibited.

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may be used in situations where running water and soap are

not available. As soon as you can, hands must be washed in

running water with soap. Also, it’s important to know that

many of these handwashing solutions have high

concentrations of alcohol and may be dangerous to children

if ingested.

Children may also need help following other personal

hygiene routines. If you provide night care, there are some

additional routines that you need to have in place to prevent

the spread of germs and to teach children good habits that

will keep them healthy. Each child will need a washcloth,

towel, toothbrush and their night clothes or pajamas so they

can wash and change clothes before going to bed. Children

may have a bath or shower while in your care, but you need

to work out the specific details with the parents before you

proceed. These agreements should be put in writing so there

is no misunderstanding about them.

Diapering and Toileting

Another way germs can be transmitted is through intestinal

secretions associated with toileting. The changing area and

bathrooms are places where germs are likely to live and

spread. By following, and helping children follow hygienic

routines during diapering and toileting, you can reduce the

spread of germs.

Your diapering routines must address how diapers are

disposed of, handwashing and cleaning diapering equipment.

We’ve included the recommended steps for changing a

diaper in the Appendix of this Handbook.

416.11 (o) Infants must be kept clean and

comfortable at all times. Diapers must be

changed when wet or soiled. The diaper

changing area must be as close as possible

to a sink with soap and hot and cold

running water. This area or sink must not

be used for food preparation. Diaper

changing surfaces must be washed and

disinfected with a germicidal solution after

each use.

416.11 (p) Disposable diapers must be used

or arrangements must be made with the

parent or a commercial diaper service to

provide an adequate supply of cloth

diapers.

416.11 (p)(1) When disposable diapers are

used, soiled diapers must be disposed of

immediately into an outside trash disposal,

or placed in a tightly covered plastic-lined

trash can in an area inaccessible to

children until outdoor disposal is possible.

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A nearby bathroom that is separate from rooms used for

cooking, playing, sleeping or eating will enable children to

use a toilet in response to their own biological needs. You

and your assistant will also be able to see and hear the

children while they are toileting as well as provide

assistance to those who need help. This bathroom needs to

be kept clean at all times and be stocked with toilet paper,

soap and towels that children can reach. The Appendix of

this Handbook includes the recommended procedure for

cleaning and sanitizing potty chairs.

Germs that cause intestinal illnesses like “food poisoning”

and giardia are found in human waste. These germs travel

easily from hands to other surfaces. That’s why it’s critical

to have the sink you and the children use after toileting or

diaper changing be separate from one that is used for

cleaning and preparing food.

You and your assistant may allow children who can

independently follow toileting routines to use a bathroom

without direct supervision for a short period of time. If you

are thinking about allowing any of the children in your care

to do this and your bathroom is on another floor, they must

be able to the following things:

• fasten and unfasten their clothing;

• wipe themselves;

• flush the toilet; and

• wash their hands.

You should always keep an extra set of clothing on hand for

each child in case the child has an accident or soils his

416.11 (p)(2) Non-disposable diapers must

not be laundered in the group family day

care home, and must be stored in a

securely covered receptacle until returned

to the diaper service. When parents provide

non-disposable diapers, soiled diapers

must be placed in a securely tied plastic

bag and returned to the parent at the end of

the day.

416.3 (i) A bathroom not more than one

floor level away from the program area

must be accessible to children.

416.3(j) All toilets and potty chairs must be

located in rooms separate from those used

for cooking, playing, sleeping or eating.

416.11 (q) Toilet facilities must be kept

clean at all times, and must be supplied

with toilet paper, soap and towels

accessible to the children.

416.11 (q)(1) Toileting equipment, such as

potty chairs, appropriate to the toilet

training level of the children in the group

must be provided. When more than one

child in the center is being toilet trained,

potty chairs must be emptied and sanitized

with a germicidal solution after each use. If

only one child in the home is being toilet

trained, potty chairs must be emptied and

rinsed after each use and sanitized with a

germicidal solution daily. Potty chairs must

not be washed out in a handwashing sink,

unless that sink is washed and disinfected

after such use.

416.8 (a)(2) Children who are able to toilet

independently, including fastening and

unfastening clothing, wiping themselves,

flushing the toilet, and washing their

hands, may use a bathroom on another

floor for a short period of time without

direct adult supervision.

416.11 (n) Sufficient and suitable clothing

must be available so that children who

dirty or soil their clothing may be changed.

All such clothing must be returned to

parents for washing.

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clothing. Be sure to return the dirty clothes to parents for

washing.

See the “Providing and Maintaining a Safe Environment

Inside and Out” section in this Handbook for information

about providing supervision in this situation.

Cleaning Routines

Your home must be a clean and healthy environment for

children. The rooms you use for day care and the equipment

and furniture children use, should be cleaned and free of

dampness, odors, trash and pests such as bugs or mice.

Following regular cleaning and sanitizing (disinfecting)

routines will also help you to reduce the spread of germs and

help keep children healthy.

Cleaning removes the visible dirt and soil. Disinfecting or

sanitizing kills the germs on a surface by using a disinfecting

solution such as bleach and water. Household bleach is

inexpensive and readily available. When mixed and stored

properly its safe for use around children. You may use an

acceptable commercial alternative if you prefer, but these

products are both expensive and hard to find. Look for those

that are EPA chemical germicides registered as hospital

disinfectants. We’ve included a handout in the Appendix of

this Handbook that shows how much bleach and water you

will need to sanitize toys, surfaces and potty chairs in your

group family day care home.

Cleaning projects that require significant time, or that use

powerful cleaners, must not be done when children are in

your care. These projects will take your attention away from

the children and may expose them to contact with harmful

chemicals or odors. One of these projects may be the

routine cleaning of your garbage cans.

416.11(r) All rooms, equipment, surfaces,

supplies and furnishings accessible to

children must be cleaned and disinfected as

needed to protect the health of children,

and in a manner consistent with the health

care plan guidelines issued by the Office.

The premises must be kept free from

dampness, odors, vermin, and the

accumulation of trash.

416.11 (r)(1) Equipment that is frequently

used or touched by children on a daily

basis must be cleaned and disinfected when

soiled and at least once weekly.

416.11 (r)(3) Extensive cleaning, such as

shampooing carpets or washing windows

and walls must occur when children are not

present.

416.11 (r)(5) Garbage receptacles must be

covered, and cleaned as needed after

emptying.

416.11 (r)(6) Thermometers and toys

mouthed by children must be washed and

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It is normal for children, especially infants and toddlers, to

chew books, toys and teething items. This is one way a child

learns about and explores her surroundings. When a child

loses interest in the mouthed item, immediately put the

item out of reach of other children. Before returning it to

the play space, you’ll need to clean and disinfect the item.

Another way to keep germs from spreading is by keeping

items used for napping clean. Blankets, sheets and coverings

used by children should be washed at least once a week by

you or by parents. The cribs, cots and other places that

children sleep need to be cleaned at least once a month. Of

course, if these items become soiled, they should be cleaned

as needed.

disinfected before use by another child.

416.11(r)(8) Linens, blankets and bedding

must be cleaned a least weekly and before

use by another child. Cribs, cots, beds,

mats and mattresses must be cleaned

thoroughly between uses by different

children and at least monthly.

Safety Precautions Related to Blood

In addition to appropriate hand washing, and having a

regular schedule of cleaning and sanitizing, following safety

precautions related to blood is another powerful way to limit

the spread of illness in your program.

The most important element of safety precautions related to

blood is wearing disposable medical gloves whenever there is

a possibility for contact with blood. Some of the times when

disposable medical gloves should be worn include:

• changing diapers when there is blood in the stool;

• touching blood or blood-contaminated fluids;

• treating cuts that bleed;

• wiping surfaces stained with blood; and

• any other situations where there is potential or

actual contact with blood.

In each of these cases, you and your assistant will need to be

prepared. It’s important to have disposable medical gloves

stored near your diaper changing area, in your first aid kit,

416.11 (m) Safety precautions relating to

blood must be observed by all caregivers as

follows:

416.11 (m)(1) Disposable gloves must be

immediately available and worn whenever

there is a possibility for contact with blood,

including but not limited to:

416.11 (m)(1)(i) changing diapers where

there is blood in the stool;

416.11 (m)(1)(ii) touching blood or blood-

contaminated body fluids;

416.11 (m)(1)(iii) treating cuts that bleed;

and

416.11 (m)(1) (iv) wiping surfaces stained

with blood.

416.11 (m)(2) In an emergency, a child’s

well-being must take priority. A bleeding

child must not be denied care because

gloves are not immediately available.

416.11 (m)(3) Disposable gloves must be

discarded after each use.

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in your emergency bag and in other locations that are easy

to get to at a moment’s notice. You never know when you’re

going to need them. Disposable medical gloves are a one-use

item so throw them away after you use them.

If you find yourself faced with a bleeding child in an

emergency and there are no gloves in sight, provide care

anyway. Not having gloves is not a reason to deny a bleeding

child care. If you, or your assistant, are ever faced with this

situation, or if you or your assistant should accidentally get

blood on your skin, make sure to wash the exposed area with

soap and running water immediately after providing care.

If a child gets blood on his or her clothing, put the clothes in

a securely tied plastic bag, label it with the child’s full name

and return it to the parent at the end of the day. Don’t

clean the clothes in your washer and dryer. The Appendix in

this Handbook includes detailed procedures to follow if any

surfaces have blood on them.

Following these safety procedures will go a long way to

prevent the spread of illness transmitted through blood.

Another time when you and your assistant can take steps to

reduce the spread of germs is when handling food. See the

“Offering Healthy Food” section of this Handbook for more

information.

416.11 (m)(4) If blood is touched

accidentally, the exposed skin must be

thoroughly washed with soap and running

water.

416.11 (m)(5) Clothes contaminated with

blood must be placed in a securely tied

plastic bag and returned to the parent at

the end of the day.

416.11 (m)(6) Surfaces that have been

blood stained must be cleaned and then

disinfected with a germicidal solution.

416.11 (r)(2) Carpets contaminated with

body fluids must be spot cleaned.

Resources

You will find additional resources related to this chapter in the Appendix at the end of this Handbook.

Some that may be helpful to you include:

• Handwashing That Kills Germs

• Sanitizing Bleach Solutions

• Using Disposable Medical Gloves

• Recommended Procedure for Changing

a Diaper

• Recommended Procedure for Cleaning

and Sanitizing Potty Chairs

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• Safety Precautions Relating to Blood

• First Aid Kit Recommended Items

• OCFS Regional Offices

• State Agencies and Organizations

• National Organizations

• County Health Departments

• Books and Publications

Group Family Day Care Provider Handbook Page 103

Programming that Supports Growth and Development rev Jun 2006

Programming that Supports Growth and Development

It’s amazing to consider how quickly children change. One minute a child is

learning to grab objects then suddenly she’s toddling around. Even older

children change rapidly as they continue to understand new concepts and gain

new skills. Understanding how children grow and develop as well as meeting the

challenges of providing care to a multi-age group of children is essential to

providing a supportive and appropriate program.

In this section of the Handbook we’ll take a look at planning activities, choosing materials and

equipment and offering experiences that are safe and appropriate for multi-age groups of children.

We’ll also address napping and sleeping as well as how to guide children’s behavior as they develop self

control with the effective use of discipline.

Multi-age Grouping

Your group family day care home is a naturally occurring multi-age

setting where you and your assistant can build a caring and

supportive community by planning ahead, focusing on each

individual child’s abilities and interests and helping each child make

connections with every other child.

While caring for children of different ages can be challenging to you

and your assistant because of the wide range of abilities and skill

levels, research tells us that mixed age groups may help children

develop intellectually, academically and socially.

413.2(j) Group family day care

home means a residence in which

child day care is provided on a

regular basis for more than three

hours per day per child for seven to

12 children for compensation or

otherwise, except as provided below.

Such home must be operated by a

provider and have at least one

assistant present during the hours

that care is provided. Then name,

description or form of the entity

which operates a group family day

care home does not affect its status

as a group family day care home.

413.2(j)(1) Age of children: A group

family day care home may provide

care for children six weeks through

12 years of age; for children 13

years of age or older who are under

court supervision; for children 13

years of age or older who are

incapable of caring for themselves

when such inability is documented

by a physician, psychiatrist or

psychologist; and, in extenuating

circumstances, for children under six

weeks of age when prior approval

has been obtained from the Office.

Children who attain the maximum

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age allowed during the school year

may continue to receive child day

care through the following

September 1 or until they enter

school for the following school year.

Providing Appropriate Experiences, Activities and Materials

Routines

Consistent daily routines help children begin to understand the

concept of time. Knowing what comes next in their day helps them

to feel secure. Children may not be able to tell you what time an

actual event like snack time occurs, but they will let you know if

it’s late or out of order.

Your daily routine should be flexible so you and your assistant can

adapt to the needs of every child in your care. For example, as part

of your daily schedule you might have quiet playtime in the late

afternoon. Some days, however, the children might really need that

time to run, jump and play outside. Perhaps you planned to finger-

paint after breakfast, but that may be the day an infant’s tooth

begins to make him miserable and needs to be held close until his

nap.

Room to Play Inside and Out

Children need room and opportunities to explore, play, rest and

grow. You will need areas with enough space for these activities to

safely take place inside and out. You and your assistant will also

need to work out how you will group and supervise all the children.

When you or your assistant are alone, you may only care for six

children at a time and only two of those children can be under two.

You and your assistant must always be present when there are

more than six children in care at a time and whenever there are

3 or more infants who attend.

Children are continually developing their physical skills. They need

opportunities to use and build on their physical abilities. This is

416.7 (a) The group family day care

provider must establish a daily

schedule of program activities which

offers reasonable regularity in

routines, including snack and meal

periods, nap and rest periods, indoor

activities and outdoor play time.

When night care is provided, this

schedule must include a routine of

good personal hygiene practices,

including changing into night

clothes, brushing teeth, and washing

before bed in the manner to be

agreed between the parent and the

provider.

416.3(g) The home must have

adequate indoor space for the

comfort of the children and to

accommodate a variety of activities

for the number of children in care.

416.7 (d) As age and development

permit, children must be allowed

freedom of movement and must be

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especially true for infants and toddlers who eagerly use their bodies

to explore their environment. Children should never be restricted

to a playpen for more than 30 minutes or high chair (when not

actually eating) for more than 15 minutes. This not only limits

their physical growth, it also affects their social interactions with

you, your assistant and with other children. These social

interactions are essential for children to gain language skills,

develop self-esteem and build relationships with you, your assistant

and the other children in care.

Outdoor play is a wonderful opportunity for children to run, jump,

play games and explore their environment. Daily outdoor play helps

children develop both physical and social skills.

Your outdoor space might be your own yard, a safe playground close

by or other safe outdoor area that you can use for a range of

activities that will support your youngest infant, your oldest school-

age child and every age in-between.

Fresh air and the opportunity to “run off” their energy are essential

to children’s growth and well being. You and the children will

benefit from the time you spend outdoors – in all seasons. Include

outdoor play everyday except for those times when weather

conditions are extreme. Remember that you and your assistant can

each supervise a small group of children. This can help you

accommodate any child who cannot play outside due to health

concerns.

Remember that all children must be supervised appropriately

whenever they are in your program—inside or outside. See

“Providing and Maintaining a Safe Environment Inside and Out” in

this Handbook for more information.

Providing Space for Different Age Children

One of the true joys of group family day care is that it allows

children of various ages to play together and learn from each other

provided with an environment

designed to develop such skills as

crawling, standing, walking and

running.

416.7 (g) Except while sleeping,

awaking or going to sleep, an infant

must not be left in a crib, playpen or

other confined space for more than

30 minutes at any one time. Other

than at meals or snack time, a child

must not be left in a high chair for

longer than 15 minutes.

416.3 (h) Each home must have

access to outdoor space which is

adequate for active play.

416.7 (f) Daily supervised outdoor

play is required for all children in

care, except during inclement or

extreme weather or unless otherwise

ordered by a health care provider.

Parents may request and providers

may permit children to remain

indoors during outdoor play time so

long as such children will be

supervised by a caregiver.

416.8 (d)(1) The provider and

assistant or alternate assistant must

be present at all times that more

than six children are in care. The

provider or assistant or alternate

assistant alone may care for a

maximum of six children.

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in a homelike and natural setting. But this range of ages creates

some challenges as well. It can be difficult to provide time and

space for activities that meet the needs of older children while

keeping the area safe for little babies and curious toddlers, even

when you have an assistant.

• You can create a certain area that’s just for babies. A

safe baby place can be a blanket on the floor with some

bolsters or couch cushions around it. Be sure you or your

assistant can see and hear the baby at all times!

• It’s important that the older children feel that they are

respected and encouraged to pursue their own interests.

Older children like to play with younger children but they

also need time to focus their attention on more

complicated tasks. Give older children space to do the

things that they enjoy. A counter or table top that is out-of-

reach of babies and curious toddlers are good places to play

with manipulatives or puzzles, play a board game or do a

project.

Choosing Activities and Materials for Multi-age Groups

During their day, all the children in your multi-age program will

need both active play and quiet activities. They will need time to

play by themselves as well as with others, and plenty of

opportunities to choose what they would like to do.

One way to accommodate these needs is to offer open-ended

activities and materials. Choices like play dough, blocks and crayons

are just a few examples. Children can use these in a variety of

ways, exploring their own abilities and creativity. Crafts that

involve following a set of directions to make a finished product

generally require a level of fine motor skill that young children have

not mastered yet. These can be very frustrating for children.

Instead children need opportunities to express their own ideas and

appreciate the creativity of others.

416.8(d)(2) The provision of

paragraph (1) of this subdivision

notwithstanding, where a group

family day care home provides care

for children under the age of two

years, there must be at least one

caregiver present for every two

children under the age of two years

in attendance at the group family

day care home. The provider and

assistant or alternate assistant may

be caregivers for the purposes of this

paragraph.

416.8 (a)(3) With the written

permission of the parents, providers

may allow school-aged children to

participate in activities outside the

direct supervision of a caregiver.

Such activities must occur on the

premises of the group family day

care home. The caregiver must

physically check such children every

15 minutes.

416.7 (c) Each group family day

care home must provide a sufficient

quantity and variety of materials and

play equipment appropriate to the

ages of the children and their

developmental levels and interests,

including children with

developmental delays or disabilities,

that promote the children’s

cognitive, educational, social,

cultural, physical, emotional,

language and recreational

development.

416.7 (e) Children must be provided

an opportunity to choose between

quiet activities and active play.

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Other examples of open-ended activities include:

• painting on large paper with brushes or fingers; or

• allow children to choose simple musical instruments to

play.

Offering a variety of open-ended activities and materials allows

children to:

• pursue things that are of interest to them;

• learn to play together and problem solve; and

• follow their own developmental path.

Choose toys and materials that represent diverse cultures. Help

children understand and appreciate differences through dolls,

photographs and books showing people with different skin colors,

ethnic background, types of houses, types of foods and family

configurations.

When you have an adequate supply of materials children are less

likely to have conflicts over their use. Duplicates of favorite toys,

such as a bucket of crayons and several balls, can help children play

and learn together in harmony. It’s often better to have several of

the same toy children frequently use than to have one each of many

different toys. Children can be overwhelmed by too many choices.

Many providers rotate toys by putting some away. After a month or

so, they take out the stored toys and put away some that have been

out. Changing the “mix” of toys has several advantages. For many

children, a toy they haven’t used in a while is the equivalent of a

new toy. And, because children are continually developing, they

may be able to manipulate a toy now that was frustrating last

month. For example, a child can now push the doll stroller, another

child can now lace large beads on a thick cord and another rolls out

play clay rather than put it in her mouth.

Multi-age Programming at a Glance

Simple materials can also provide excellent learning opportunities

for children of different ages. Here’s a simple example. For the

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price of one fashion doll, you can buy several bags of plain wooden

clothespins (look in a craft store), and make educational toys for

both boys and girls of all age groups. (Be sure to get ones without

springs, which can pinch fingers. Be careful to supervise.

Clothespins can be a choking hazard for children under 3).

Babies under the age of 6 months notice contrast more than color.

You can help them develop visual tracking by painting some

clothespins black and some white and turning them into baby toys.

Put one black clothespin and one white clothespin into a small

water bottle for a rattle. Hang others from a clothes hanger to

make a mobile for a crib or your changing table. Add colors to help

the baby’s vision develop. If you have school-age children, you can

invite them to do the painting and toy making.

Toddlers can enjoy simply filling a bucket with clothespins, lugging

it about, and then dumping it. Offer toddlers containers such as a

coffee can with a hole in the lid, a plastic jar, or a cloth or paper

bag to hold clothes pins or other small but safe objects. Cover

sturdy cardboard with contact paper and stick clothespins around

the edges for the toddlers to pull on and off. A toddler develops the

muscles needed for writing every time he or she picks up a

clothespin, and develops eye-hand coordination trying to get the

clothespins into a container or onto the cardboard.

Preschool children can enjoy using clothespins as props for

dramatic play. Turn the dramatic play area into a house, add a

clothesline (be sure to hang it below neck level) and some

clothespins. Then, give children a basket full of dolls’ clothes or

baby clothes to pretend wash, and hang up. Put clothespins in the

block area and see how the children use them. Show the children

how you can stick clothespins together to make interesting shapes.

Give the children glue and glitter and let them decorate the

clothespins in their own creative way.

You can present the clothespins to school-age children by bringing

them out in a clear plastic container and asking the children to

guess the number of pins. Write down the number of each child’s

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estimate, and then invite the children to count the clothespins to

see whose guess is the closest. Stimulate creativity by putting out

clothespins, scraps of fabric, glue, bits of yarn, people colored

paints and fine tipped markers and inviting them to make

clothespin puppets. Ask them if they know when clothespins were

invented, and help them find the answer in a book or by using a

child-safe internet search.

Other ways to successfully provide activities to a multi-age group

are when you:

• do messy activities with preschoolers when infants and

toddlers are napping;

• place a low barrier around an activity area so that younger

children can watch and learn but not interrupt the activity;

• let younger children touch, hear, or taste the end result

after the older children have planned and finished a

project;

• provide dramatic play prop boxes that the children can use

together; and

• acknowledge the unique contributions of each child.

Keep safety in mind when choosing activities and materials to use

with children. Always consider the ages and developmental stages

of the children to determine what is safe for each individual child.

See “Providing and Maintaining a Safe Environment Inside and Out”

in this Handbook for more information about safety.

If an activity or material is not safe for a child, choose a different

activity or replace toys and materials with safer choices. Tailor your

choices to fit your own program and the children in your care.

Choosing Books for Multi-age Groups

Reading with children is one of the special joys of being a group

family day care provider or an assistant in a group family day care

program. Reading promotes language development, listening skills,

imagination, problem solving and, most importantly, a bond

between you and the children. Even the youngest babies can begin

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to enjoy reading. And as a child’s ability develops, his or her love of

reading will increase.

When selecting books, here are some tips:

• Remember the books you loved as a child. The children will

probably enjoy your old favorites. Your enthusiasm will be

contagious too!

• Look for Caldecott or Newberry Award winning books.

• Choose books with striking illustrations and/or photographs

that will encourage discussion and appreciation of color and

design.

• Be sure that people from all races, ages, genders and

backgrounds are portrayed in the books you select. Books

help children understand the world.

• Pay attention to the interests of the children. Then select

books that will increase their understanding.

• Help children act out or add to the story. Their ideas may

surprise you!

• Teach children to respect and handle the books with care.

They should be allowed to look at and handle books

throughout the day.

Your local bookstore can provide recommended lists of books for all

ages. And don’t forget the public library in your community. You

can attend a story hour, get the newest award winning publications,

borrow old favorites and ask a librarian to suggest books on special

topics -all for free.

Remember, children learn from you and your assistant’s words,

questions and interest level. When you and your assistant are

involved and excited about new ideas, children will be involved and

excited. These interactions are the most important learning

experiences you provide.

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Napping, Resting and Sleeping

Your daily schedule must include time for napping and resting. The

rest or sleep children need is as essential to their growth as

exercise. After a period of rest or sleep, children generally feel

refreshed and ready for the next active part of the day.

You will work with parents to best meet each child’s needs for rest

and napping. This written plan will include:

• where the child will nap in your home;

• how the child will be supervised;, and

• what the child will lie on when napping or resting, keeping

in mind that infants must be placed to sleep on their backs.

Children may nap in a room without your direct visual contact if you

meet some specific requirements. These requirements include:

• parents have given you written permission;

• you use an electronic monitor;

• you are on the same floor as the children; and

• the doors are open to the room with napping children.

Remember you and your assistant are always responsible for

keeping children safe. See “Providing and Maintaining a Safe

Environment Inside and Out” in this Handbook for additional

information on supervision.

Sleep or rest requirements differ for each person. Take your cues

from the children. Nap times should be flexible and happen

according to the child’s schedule. In addition, you should have

regular transitions and rituals that help children relax and get ready

to nap. For example, first eat lunch, then wash hands and faces and

brush teeth, have a story or two, cuddle with a blanket, soft toy, or

pacifier on a cot, mat, bed or crib, then lights out.

You can help children rest by adjusting the sights and sounds in

your home. Try turning off the music and dimming the lights.

416.7 (h) For day and evening care,

appropriate rest and quiet periods,

which are responsive to individual

and group needs, must be provided

so that children can sit quietly or lie

down to rest.

416.7 (i) Sleeping and napping

arrangements must be made in

writing between the parent and the

provider. Such arrangements

include: the area of the home where

the child will nap; whether the child

will nap on a cot, mat, bed or a crib;

and how the napping child will be

supervised, consistent with the

requirements of paragraph (1) of

subdivision (a) of section 416.8 of

this Part. Sleeping arrangements for

infants require that the infant be

placed on his or her back to sleep,

unless medical information is

presented to the provider by the

parent that shows that arrangement

is inappropriate for that child.

416.8 (a) Children cannot be left

without competent supervision at

any time. A caregiver must have

direct visual contact with the

children at all times except as

follows:

416.8(a)(1) With the prior written

permission of the parent, children

may nap or sleep in a room where

an awake adult is not present. When

children are sleeping or during nap

times, the doors to all rooms must be

open; the caregiver must remain on

the same floor as the children; and a

functioning electronic monitor must

be used in any room where children

are sleeping or napping and an

awake adult is not present.

Electronic monitors may be used as

an indirect means of supervision

only where the parents have agreed

in advance to the use of such

monitors. Use of electronic monitors

is restricted to situations where the

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Rubbing a child’s back may be another effective strategy for getting

a child to take a break from the day’s activities. Talk with families

to find out what helps their child rest at home.

Some children may not sleep, but they do need a break from

constant activity. You may not require children to lie down for

sleep for a long period of time if they cannot sleep. You will need

to have quiet play activities available for those children. Setting

aside quiet time games and activities just for children who don’t

sleep is good planning on your part.

The bedding and equipment used by children for napping must be

cleaned regularly to prevent illness. See the “Preventing the Spread

of Germs” section of this Handbook for more details.

Preventing SIDS

Sudden Infant Death Syndrome (SIDS) or “crib death,” is the

unexplained death of an infant between the ages of 1 month to 1

year. To reduce the risk of SIDS, you must always put infants on

their backs to sleep as required by regulation.

In addition, soft objects, such as pillows, quilts, comforters,

sheepskins, stuffed toys, bumper pads and other objects should be

kept out of a baby's sleeping environment. Any loose bedding, such

as fluffy blankets, may also pose a hazard.

If blankets are to be used, they should be lightweight and tucked in

around the crib mattress so the baby’s face is less likely to become

covered by bedding. Another strategy is to use sleep clothing, such

as footed pajamas and one-piece sleepers, so no other covering is

necessary.

Tell parents about your polices regarding sleeping habits and why

they are so important for their babies. Remind them that “Back to

Sleep” is the number one way to reduce the risk of SIDS and is a

requirement of OCFS regulations.

children are sleeping. For evening

and night care, the caregiver may

sleep while the children are sleeping

if the provider has obtained written

permission to do so from every

parent of a child receiving evening

or night care in the group family day

care home. The caregiver must be

awake at all times and physically

check sleeping children every 15

minutes in the event written

permission has not been obtained

from all parents of children

receiving evening or night care.

416.7 (j) For children unable to nap,

time and space must be provided for

quiet play. During day and evening

care, children must not be forced to

rest for long periods of time.

416.7 (i) Sleeping and napping

arrangements must be made in

writing between the parent and the

provider. Such arrangements

include: the area of the home where

the child will nap; whether the child

will nap on a cot, mat, bed or a crib;

and how the napping child will be

supervised, consistent with the

requirements of paragraph (1) of

subdivision (a) of section 416.8 of

this Part. Sleeping arrangements for

infants require that the infant be

placed on his or her back to sleep,

unless medical information is

presented to the provider by the

parent that shows that arrangement

is inappropriate for that child.

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There are many ways to share information about reducing the risk

of SIDS with parents. One tool is the related portions of the

regulations. Another is the written sleeping arrangements you make

with parents as required by regulation. You can also share resources

from SIDS organizations such as the national SIDS Alliance and the

New York Center for Sudden Infant Death that are listed in the

Appendix of this Handbook.

Discipline

At one time or another, all children challenge us with their

behavior. Helping children gain self-control is an integral part of

your group family day care and important opportunities to teach

children a variety of skills. Through your guidance, you and your

assistant help children learn to manage their behavior and support

their social development. Keep in mind that how you guide

children’s behavior is based on the child’s age and developmental

stage. The techniques you use with an 18-month-old child are very

different than those you use with a six-year-old child. Effective and

caring discipline helps children learn limits and self-control. This

process happens over time and develops as each child:

• learns how to manage and express their feelings

appropriately;

• gains the ability to understand the consequences of his or

her behavior; and

• learns to see situations from another child’s perspective.

As with all areas of your program, families are essential partners in

your disciplinary plans. Discuss your discipline policies and give

them a written copy to see that they understand what to expect.

Your assistant is your partner in appropriately disciplining the

children you enroll in your program, so it is vitally important that

your assistant understand what your discipline practices are. It is

416.9(a) The group family day care

provider must establish written

disciplinary guidelines and provide

copies of these guidelines to all

caregivers and parents. These

guidelines must include acceptable

methods of guiding the behavior of

children. Discipline must be

administered in such a way as to

help each child develop self-control

and assume responsibility for his or

her actions through clear and

consistent rules and limits

appropriate to the ages and

development of the children in care.

The caregivers must use acceptable

techniques and approaches to help

children solve problems.

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critical that your assistant understand exactly what he or she can

do and cannot do when it comes to disciplining children enrolled in

your program. For example, your assistant needs to know that the

purpose of any discipline is to help children develop self-control

and gradually assume responsibility for his or her actions in a way

that reflects the individual age of each child. Your assistant must

also know that corporal punishment and withholding food is never,

ever allowed. Also clearly explain that the use of corporal

punishment or discipline techniques that are in violation of the

regulations must be reported to the State Central Register for Child

Abuse and Maltreatment. You have an obligation to report your

assistant and your assistant has an obligation to report you. See

“Child Abuse and Maltreatment” in this Handbook.

In order to get off on the right foot with your assistant regarding

discipline, consider doing the following:

• share your policies and specific procedures for disciplining

children in your program;

• be clear that you will be monitoring and evaluating your

assistant’s use of discipline techniques; and

• make sure your assistant knows that each of you have a

responsibility to report the use of corporal punishment to

the SCR.

You and your assistant’s caring relationships with each child in care

is an important part of effective discipline. You and your assistant

will need to understand the temperaments, play and social skills,

likes and dislikes as well as the developmental stages of all children

in care. This will enable you and your assistant to set appropriate

limits and choose effective child guidance techniques.

Discipline Standards

Be sure your expectations of behavior are reasonable for each child

in care. Appropriate guidance strategies are based on the children’s

developmental stages and abilities. Consequences for children

should reflect their developmental stage and their understanding of

how their behavior affects themselves and others. Use behavior

416.9 (b) Any discipline used must

relate to the child’s action and be

handled without prolonged delay on

the part of the caregiver so that the

child is aware of the relationship

between his or her actions and the

consequences of those actions.

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issues as opportunities to teach children to get along with others,

resolve conflicts and accept differences. You cannot “discipline” an

infant. It is important to respond to the needs of a baby so that a

baby learns that his cues will be answered and learns a basic sense

of trust, knowing that adults will respond to her.

The standards of appropriate discipline have changed over time.

Although many adults were punished with spankings and other

methods of punishment, we now know these actions are not

effective in the long run and can be damaging to children both

physically and emotionally. Discipline techniques must never

include shaking, hitting, withholding food or rest, biting, washing a

child’s mouth out with soap (or anything else), yelling, frightening

or demeaning a child in any way. Punishment that harms a child

physically or emotionally must never be used. When working with

families, you may need to help them understand that these

methods are not allowed in your program – both by regulation and

by current theories of child development. Keep in mind your

responsibilities as a mandated reporter of child abuse and

maltreatment. See “Protecting and Promoting Children’s Health” in

this Handbook for more information on child abuse.

416.9 (c) Isolating a child in a

closet, darkened area, or any area

where the child cannot be seen and

supervised by the caregiver is

prohibited.

416.9 (d) Where a child’s behavior

harms or is likely to result in harm

to the child, others or property, or

seriously disrupts or is likely to

seriously disrupt group interaction,

the child may be separated briefly

from the group, but only for as long

as is necessary for the child to

regain enough self-control to rejoin

the group. The child must be placed

in an area where he or she is in the

view of, and can be supervised and

supported by, the caregiver.

Interaction between the caregiver

and the child must take place

immediately following the separation

to guide the child toward

appropriate group behavior.

Separation of a child from the group

in a manner other than that provided

for in this subdivision is prohibited.

416.9 (e) Corporal punishment is

prohibited. For the purposes of this

Part, the term corporal punishment

means punishment inflicted directly

on the body including, but not

limited to, spanking, biting, shaking,

slapping, twisting or squeezing;

demanding excessive physical

exercise, prolonged lack of

movement or motion, or strenuous or

bizarre postures; and compelling a

child to eat or have in the child’s

mouth soap, foods, hot spices or

other substances.

416.9 (f) Withholding or using food,

rest or sleep as a punishment is

prohibited.

416.9 (g) Discipline may be

administered only by the caregiver.

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Strategies for Guiding Children’s Behavior

Here are some strategies you and your assistant may find useful to

guide children’s behavior:

• Focus on “Do” not “Don’t.”

Tell children what they can do rather than what they cannot do.

For example, say “We walk inside” rather than “Don’t ever run

inside.” This tells children what you expect instead of reminding

them of the behavior you are trying to reduce. It can also help

children understand that they are able to choose the appropriate

behavior.

• Offer choices when you are willing to abide by the child’s

decisions.

Children need to feel that they have some control over what they

do and what happens to them. Nurture this sense of control by

offering choices: about toys they use, activities they do, how much

food they eat, where they sit, and other meaningful options. It is

important to offer only options you can accept. Use specific choices

rather than open-ended questions. For example, if you say “Where

do you want to sit?” a child might say “On the front porch by

416.9 (h) Methods of discipline,

interaction or toilet training which

frighten, demean or humiliate a

child are prohibited.

416.10(a) Any abuse or

maltreatment of a child receiving

child care or residing in the home,

including the provider’s children

and any foster children, either as an

incident of discipline or otherwise, is

prohibited. A group family day care

home must prohibit and may not

tolerate or in any manner condone

an act of abuse or maltreatment by

an employee, volunteer or any other

person under the provider’s control.

An abused child or maltreated child

means a child defined as an abused

child or maltreated child pursuant to

section 412 of the Social Services

Law.

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myself!” Instead, say “Do you want to sit next to Sydney or next to

me?” Giving children choices when possible can make it easier for

them to deal with situations when they do not have choices.

• Change the environment to change a child’s behavior.

Sometimes a child’s behavior is affected by how a space is

arranged. For example, if you have long pathway, children are

probably going to run down it. Cluttered shelves of toys may result

in children using only toys briefly before tossing them aside for

other toys. Here are some behavior issues and some changes you

can make that can help:

Children are . .

because . . . to help . . .

running. there is too much

open space.

use furniture, rugs and

shelves to divide up the

space.

fighting over

toys.

there is only one

of each.

children are asked

to share too

often.

have duplicates of toys.

use a timer to tell

children when their turn

is over.

wandering

around.

unable to

choose

something to

do.

the space is too

cluttered.

child has used or

played with all

available

materials.

nothing appeals to

the child.

get rid of the clutter.

make or borrow new

manipulatives/materials

or toys.

rotate toys and materials

by putting some away for

later use.

easily

distracted.

having trouble

staying with a

task.

areas are too

open.

children can see

everything going

on at once.

use shelves to define

areas.

work with children in

small groups.

using materials

roughly.

resisting clean-

up.

materials are not

stored neatly.

children don’t

know where

materials belong.

make a place for

everything.

use pictures to show

where materials belong.

• Work with children instead of against them.

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As adults, we sometimes get into power struggles with children. It

then becomes about who is in charge rather than working and

playing together. Observe and listen to children to help determine

how to avoid difficult behavior situations. For example, if children

frequently pick on each other just before lunch, you might want to

serve lunch 30 minutes earlier.

• Set expectations and consequences based on the child’s age

and stage.

Think about the ages of the children in your care when deciding

how you expect a child to behave. It’s unreasonable to expect that

a toddler will always remember to use words to resolve a problem

with another child. However, this is a reasonable expectation for a

school-age child. Consider the child’s age when deciding what

happens if a child doesn’t follow rules. For example, if a toddler

hits, you might say “we use words to work out problems” then

redirect her to another toy. If a school-age child hits, you may ask

the two children to sit with you and work out the conflict.

• Set a good example to protect and nurture children’s self-

esteem.

Children learn from everything you do. Throughout all of your

interactions with children, be respectful and loving. If you speak

and act respectfully with children and other adults, they are likely

to do the same. On the other hand, if you shout at children to

comply with you, children are likely to shout as well.

Children need the attention of adults. They want to be reassured

they are capable and lovable. If they don’t feel good about

themselves, they may settle for the attention they get when they

misbehave.

Another way to respect a child’s self-esteem is to focus on the

behavior, not on labeling the child. If a child pushes another,

remind her that pushing hurts other children. Telling her she is

“bad” labels a child and damages her self image without helping

her understand the consequences of her action.

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• Work with families.

In some situations, behavior problems may be symptoms of a child’s

physical or mental issues. For example, a child who doesn’t respond

to your verbal reminders and directions may have a hearing loss. A

child who has continual tantrums may have emotional difficulties.

Of course, when you have concerns about a child, you work closely

with the family to discuss your observations and decide the next

steps to take. Depending on the situation, those next steps might

include the parents discussing the situation with their doctor,

contacting the New York State Early Intervention program through

their local Department of Health (if the child is younger than 3

years old), contacting the Committee on Preschool Education

through their local school district (if the child is older than 3) or

other resources available to their child.

• Offer engaging activities.

The materials, activities and experiences you offer to children can

help prevent discipline issues. When children are actively engaged

in playing with appropriate and safe toys, are participating in

appropriate experiences, or are playing with other children and

adults in your program, they are more likely to be cooperative and

to get along with others.

Having a variety of interesting toys, materials and play space can

help redirect a child who is upset or having a hard time managing

her behavior. For example, let’s say a two year old wants a turn

with a truck being used by a four year old. You can see that the two

year old is getting frustrated as her voice turns into a shout. To

redirect her, you can gently talk to her, remind her that she just

finished her turn. Then, show her the play dough out on the table

and ask “Which color would you like to use first?” Chances are, she

will soon forget about the truck as she starts to roll, pinch, squeeze

and smash the play dough. Attractive alternatives make redirection

much easier.

• Support conflict resolution skills.

Teaching children skills to resolve conflicts can help avoid discipline

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issues. As children grow and develop, the skills children use and

your role in the process will change. For example, a toddler can

learn to tell an adult when there is a problem rather than hitting. A

preschooler can learn to develop solutions to conflicts and may

need your help carrying out the solutions —“Maybe you could use

the orange crayon and I use the purple until Tanisha says time is

up.” School-agers might be able to brainstorm different solutions

and settle on a compromise on their own once you teach them

strategies to use.

A note about time-out.

“Time out” is a technique that is frequently used, and misused,

with children. Children can become easily overwhelmed, frustrated

and tired in a busy and active environment. When used effectively,

time out gives a child time to calm down and regain self-control

before rejoining the other children. You may even want to use the

term “sit and watch” to reinforce that idea. Keep in mind that you

need to continually provide direct visual supervision of all children

and you only use time out for the length of time it takes the child

to regain control.

If you use time out, most experts recommend:

• helping the child move to a quiet area away from the other

activities;

• explaining to the child why he or she left the others (“You

came with me so you can calm down and stop hitting.”);

• explaining what is appropriate behavior (“When you are

ready to keep your hands to yourself, you can go back and

play.”);

• not using a specific chair or area assigned for time out

because this reinforces the idea that it is a punishment;

• limiting time out so that it does not last longer than it takes

for the child to calm down. It should not be more than a

minute for each year of her age; and

• not using time out for toddlers and younger children who

are unable to understand why their behavior is

unacceptable. These children are gently redirected to more

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acceptable activities or behaviors.

Effectively disciplining young children takes skill. With every

challenging situation you find yourself in with a child in your care,

stop and take the time to ask yourself the following questions:

• What do I need to do to keep children safe in this situation?

Are any children at risk of harming themselves or others?

• What do I want this child to learn about herself and others

in this particular situation? What do I want the other

children to learn?

• What techniques and strategies do I have to help me

accomplish this?

• Was there something that I could have done differently to

avoid this situation?

• Were my expectations for the children or the situation

appropriate? Do I need duplicates of favorite toys?

• Have I provided activities that are interesting to the

children?

• Have I modeled respectful interactions with each child?

When you take the time consider the answers to the questions

above, you will be able to provide appropriate and effective

guidance.

Resources

You will find additional resources related to this chapter in the Appendix at the end of this Handbook.

Some that may be helpful to you include:

• OCFS Regional Offices

• State Agencies and Organizations

• County Health Departments

• Books and Publications

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Offering Healthy Food

Children need nutritious foods to develop healthy bodies and brains, fend off illness and

fuel their often continuous activity. In addition, meals can be valuable times for children to

learn about good nutrition, social skills and even about other cultures.

Nutrition and food safety for every child in your care will be the focus of this section of the

Handbook. Serving meals and snacks will be discussed including the importance of good

sanitation and special considerations when feeding infants.

Meals and Snacks

Children need healthy food to grow and thrive. You must offer food

periodically to children during their time with you. While each child

may require different amounts of food, you must offer meals and

snacks in response to the number of hours children are in your care

and their own nutritional needs. At the very least, each child who is

in your care for more than four hours a day must be offered at least

one nutritious meal; if a child is in your care more than ten hours a

day, he or she must receive at least two nutritious meals. Keep in

mind that young children have smaller stomachs than adults and

benefit from eating nutritious snacks and smaller scale meals every

two to three hours throughout the day.

Don’t forget that children also need lots of water. They can get

overheated and dehydrated quickly during their day. Young children

often do not recognize that they are thirsty or know how to tell you

that they are thirsty.

Plan ahead and develop meal and snack menus that include a

variety of nutritious and safe foods. Share your menus, routines, and

any policies you have about meals and snacks with parents. As with

all other areas of your program, families are essential partners. Talk

with them to make accommodations for cultural differences, food

preferences, allergies and medical needs. Communicate with

416.12 (a) The group family day

care home must provide plentiful

and nutritious snacks to children.

The provider must ensure that

each child in care for more than

four hours a day receives a

nutritious meal. Each child in

care for more than ten hours a

day must receive a minimum of

two nutritious meals. Food must

be prepared and stored in a safe

and sanitary manner and served

at appropriate intervals.

416.12 (g) Safe drinking water

must be available to children at

all times and must be offered at

intervals that are responsive to

the needs of the individual

children.

416.12 (a)(2) Homes changing

their meal policy must provide

adequate notice to parents.

416.12 (b) Where meals are

furnished by the home, food

preferences for personal,

religious or medical reasons may

be accommodated. If resultant

meal patterns or serving sizes

will not meet the child’s

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Programming that Supports Growth and Development rev Jun 2006

parents to see that their child’s needs are being met. Share your

menus, routines, and any policies you have about meals and snacks

with parents. If you change your policies, be sure to let each parent

know in advance, preferably in writing. Also, it’s important to

consult parents whenever introducing new foods to any of the

children in your care.

If you are providing meals for the children, prepare amounts that

are appropriate for the children in your care. You will need enough

so that each child could have second servings. The serving size

depends on the type of food and the age of the child. For example,

for a 4-year-old, one medium banana is one fruit group serving. For

a 2-year-old, 2/3 of a medium banana is one fruit group serving.

Remember that many different foods can supply the nutrition

children’s bodies need. For example, good sources of protein

include yogurt, cheese, soy products such as tofu as well as meat.

Some good sources of fats include whole milk, nuts and olive oil.

These fats help the body absorb vitamins and are needed for

children’s brain development. The NYS Department of Health

recommends serving whole milk to children between one and two

years of age and 1% or skim milk to children older than 2.

You and the children you serve may be eligible to participate in the

Child and Adult Care Food Program (CACFP). CACFP is a nutrition

education and meal reimbursement program helping providers offer

nutritious and safely prepared meals and snacks. If eligible, you may

receive financial assistance to pay for the food you serve to

children. Contact your local CCR&R or satellite for more information

about the CACFP.

You may ask families to provide food for their child. Each child’s

food from home must be labeled with the child’s first and last

names to prevent mix-ups.

You will also need food on hand to ensure that the child has

adequate meals and snacks. Sometimes a child is still hungry after

eating the food brought from home. From time to time, a family

nutritional needs, a medical

statement must be obtained

documenting the appropriateness

of the variation.

416.12 (c) Where meals are

furnished by the home, the

servings must be in portions

suitable for the size and age of

the children in care. There must

be a sufficient amount of food

available to children to permit

second helpings.

416.12 (k) If more than one child

in the home is receiving formula,

breast milk or other

individualized food items, all

containers or bottles must be

clearly marked with the child’s

complete name.

416.12 (a)(1) If the provider does

not furnish meals, there must be

adequate supplemental food

available in the event that no

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may forget their child’s food. On a particularly active day, the

nutritional value of the food from home may not be enough to

support the growth or activity level of the child. You are required to

be prepared for these situations by having nutritious options readily

available. Talk to parents about the importance of supplying

nutritious food for their children.

To help you consider whether or not a child is getting enough

nutritious food, look at her eating patterns over a period of time.

She may eat more of one type of food one day and less of another.

For example, today the carrots were devoured and the watermelon

barely touched, but two weeks ago, it was the other way around.

Watermelon was all the rage. Many children go through stages when

they only want to eat a few specific foods. You may want to write

down everything a child eats over the course of a week to help you

evaluate her eating patterns.

It’s important to keep safety in mind when choosing foods to offer

children. Even nutritious foods can pose serious hazards to children

depending on the child’s age. Children develop muscles, teeth and

swallowing capacity over time. Imagine the diameter of a drinking

straw. That is about the size of a young child’s windpipe. Now

imagine trying to fit a grape through the straw. When this happens

to a child, her windpipe is blocked and she can’t breathe. In

addition, some children may have difficulties chewing or

swallowing. Foods that are choking hazards include:

• slippery foods such as ice and hard candy;

• round foods such as grapes, hotdogs, nuts and cherries;

• sticky foods such as raisins, thick cereal, marshmallows and

globs of peanut butter;

• dry foods such as popcorn, pretzels and meats; and

• hard foods such as carrots, hard candy, pits from fruit and

raw cauliflower.

Prevent choking by offering these foods only to older children that

have lots of teeth and muscles needed to chew food and are able to

sit up straight when eating. Other precautions that can also reduce

meal is provided by the parent or

if the meal provided by the parent

is of inadequate nutritional value.

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the possibility of chocking include:

• cut foods into small pieces, removing seeds and pits;

• cook or steam vegetables to soften their texture;

• use only a small amount of peanut butter;

• offer plenty of liquids to children when eating;

• check meals and snacks provided by parents for hazardous

foods;

• create a calm, unhurried eating environment with children

sitting and eating slowly;

• eat with the children to model safe eating habits and enable

you to react quickly to safety hazards; and

• do not allow children to eat when walking, riding in a car or

playing.

Sharing meals and snacks is about more than just eating. These can

be important learning times too. Relaxed and informal meal times

are wonderful times for children to learn and use table manners.

Serving food family style allows children to choose the food to put

on their plates and perhaps pour their own drink. Children should be

allowed to feed themselves to gain skills appropriate to their

developmental level. Of course, the self-feeding and social skills

expected of children are based on their developmental stage.

Remember that this happens over time as children gain muscle

control and hand-eye coordination. Accept eating “accidents” or

messes as part of the learning process.

Children will also look to you as a role model. Take time to sit with

the children and be an example of polite table manners. Gently help

children eat independently and share conversation about the colors,

textures and aromas of the food they are eating. Meal and snack

times are also terrific opportunities to learn and practice social

skills and talk with children about their experiences that day.

It’s also important to note that food cannot be used as a

punishment. For more details, see the “Programming that Supports

Growth and Development” section in this Handbook.

416.12 (d) Children must be

helped to gain independence in

feeding themselves and should be

encouraged to learn acceptable

table manners appropriate to

their developmental levels.

416.12 (e) Sufficient time, based

on age and individual needs, must

be allowed for meals so that

children will not be hurried.

416.9 (f) Withholding or using

food, rest or sleep as a

punishment is prohibited.

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For resources related to food and CACFP, talk with your licensor,

registrar, your local child care council, and your food program

representative. Resources are also available on the US Department

of Agriculture website at www.usda.gov/cnpp/.

Sanitation and Eating Utensils

Good sanitation is extremely important when preparing and serving

food to prevent illness. To reduce the spread of germs, children

should always be given clean drinking cups and eating utensils.

Washing dishes, cups, plates and utensils that are not disposable

will prevent germs from spreading. Any disposable cups and utensils

must be safe and appropriate for the children. Styrofoam cups and

containers can crumble and can be a choking hazard for young

children. It is safest not to allow their use.

You must follow safe food storage and preparation techniques. Food

that is spoiled, undercooked or contaminated by contact with raw

meat can cause serious illnesses. Always keep hot food hot and cold

food cold, including when you are having a picnic or eating while on

a field trip away from your program.

Remember that adults and children must wash hands before

handling and eating food as described in the “Preventing the Spread

of Germs” section of this Handbook. The adults in your program

may also want to use disposable medical gloves for an additional

measure of sanitation.

416.11 (r) (7) Individual drinking

cups or disposable paper cups

must be provided daily. The use

of shared drinking cups is

prohibited.

416.11 (r) (9) After use, dishes

and all utensils must be washed

with soap and hot water, and

rinsed in hot running water.

416.12 (h) Disposable cups and

plates may be used if discarded

after use. Plastic eating utensils

may be used if such utensils are

not easily broken by young

children and are discarded after

use. Styrofoam cups may not be

used for infants or toddlers.

416.12 (f) Perishable food, milk

and formula must be kept

refrigerated.

416.11(l) Caregivers must

ensure that children thoroughly

wash their hands or assist

children with thoroughly washing

their hands with soap and

running water when they are

dirty, after toileting, before and

after food handling or eating,

after handling pets or other

animals, after contact with any

bodily secretion or fluid, and

after coming in from outdoors.

For diapered children, caregivers

must ensure that adequate steps

are taken to clean the child after

each change of diaper.

Caregivers must assist children in

keeping clean and comfortable,

and in learning appropriate

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personal hygiene practices.

Children in night care shall have

a routine that encourages good

personal hygiene practices. Each

child shall have an individual

washcloth, towel and toothbrush

and shall have the opportunity to

change into night clothes and was

before bed. The caregiver will

give each child a shower, tub, or

sponge bath in a manner agreed

between the parent and the

provider.

Feeding Infants

Infants and toddlers have some special considerations related to

food. You and your assistant will need to be flexible and respond to

each baby’s own individual eating schedule, food preferences and

emerging ability to feed him or herself.

As with other areas of your program, your collaboration with

parents will confirm that their infants are being fed appropriately.

Talk with parents to develop a healthy eating plan for their child.

This includes instructions about how often the baby will eat or be

given a bottle and how much the child generally eats or drinks.

These instructions should be in writing so that there will be no

misunderstanding about them. Some parents may request that

unused portions of food and bottles be returned to them at the end

of the day. This allows parents to see how much food their child had

that day. For spoon-fed infants, “leftovers” should be discarded

after each meal if the parent does not request to have them

returned. Consider the needs of children who are breast-fed. This

might include a quiet private area with a comfortable chair for

nursing during the day and a system to store breast milk.

It is generally recommended that parents should prepare their

child’s formula. Parents have established a feeding plan in

collaboration with their health care provider and are the most

experienced in their child’s needs and feeding habits. For infants

that are not breast-fed, formula is their main source of nutrition. In

416.12 (i) Providers must obtain

a written statement from the

parent of each infant in care

setting forth the formula and

feeding schedule instructions for

the infant.

416.12 (k)(1) Unused portions of

bottles or containers from which

children have been spoon-fed

must be discarded after each

feeding or placed in a securely

tied plastic bag and returned to

the parent at the end of the day.

416.12 (l) Every effort must be

made to accommodate the needs

of a child who is being breast-fed.

416.12 (j) Where formula is

required, such formula may be

prepared and provided by the

parent, or by the provider when

agreed to in writing by the

parent.

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addition, young infants have new, sensitive digestive systems.

Formula that is not mixed in the specific measurements for the child

can lead to digestive difficulties and physical harm. However, if you

are going to prepare formula, parents need to provide you with a

statement in writing explaining that you have permission to prepare

formula and how to prepare the formula. If you agree to prepare

formula, put your written agreement in a central file and keep a

copy in the child’s file.

Label each child’s bottles and food containers with their first and

last names to see that they eat only their own food and drink from

their own bottles. This can avoid germ transmission and dangers of

food allergies and intolerance. Storing and heating food

appropriately also reduces food-borne illnesses and the dangers of

overheated food and liquids. Never ever heat bottles or food for

infants in a microwave oven. Microwaves heat unevenly and could

burn a child’s mouth!

As an infant develops, you’ll see signs that she is getting ready for

solid foods. Some signs to look for include increased ability to put

her hands to her mouth and to grab objects with her fingers as well

as being able to sit up independently. This is another important

time to talk with parents. As with formula, parents work with their

health care provider to develop a plan for introducing solid foods.

Generally this is done by giving one single-ingredient food such as

rice cereal or pureed cooked carrots for a few days. During this

time, look for signs of food allergies or intolerances. If you or your

assistant notices anything unusual such as rashes, spitting up or

increased fussiness, talk with the parents about what you’ve

observed. Food allergies can be serious for young children. In some

cases they are even life-threatening.

Interacting with children is an important part of good feeding

practice. Sitting close by or holding infants and toddlers as they eat

supports your responsive relationship and allows you to quickly react

to any safety hazards such as choking or allergic reactions.

When you gaze at and talk to a baby when bottle feeding you are

416.12 (k) If more than one child

in the home is receiving formula,

breast milk or other

individualized food items, all

containers or bottles must be

clearly marked with the child’s

complete name.

416.12 (k) (2) Heating formula,

breast milk and other food items

for infants in a microwave oven is

prohibited.

416.12 (n) Each infant and

toddler must be removed from the

crib, playpen or cot and held or

placed in an appropriate chair

for feeding.

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Programming that Supports Growth and Development rev Jun 2006

also supporting their development and preventing choking hazards.

Propping up a bottle in a child’s mouth can force fluid down her

throat faster than she can swallow. This can lead to choking and

death. Children using a bottle must always be held If they are less

than 6 months old or unable to hold the bottle securely. The kind

of interaction you have with a baby while holding and feeding them

is as important to an infant’s growth as paper and crayons are to 3

year olds!

If you use high chairs, make sure they are safe and appropriate for

the children using them. They should have a wide, sturdy base to

prevent tipping and a crotch strap so children don’t slide down and

become entangled. The strap should always be securely fastened

when the child is sitting in the highchair.

416.12 (m) Infants six months of

age or younger must be held

while being bottle-fed. Other

infants must be held while being

bottle fed until the infant

consistently demonstrates the

capability of holding the bottle

and ingesting an adequate

portion of the contents thereof.

The propping of bottles is

prohibited.

416.5 (u) High chairs, when used,

must have a wide base and be

used only by children who are

able to sit up independently. A

safety strap must be fastened

around children who are seated

in high chairs.

Resources

You will find additional resources related to this chapter in the Appendix at the end of this Handbook.

Some that may be helpful to you include:

• Handwashing That Kills Germs

• Sanitizing Bleach Solutions

• Using Disposable Medical Gloves

• OCFS Regional Offices

• State Agencies and Organizations

• County Health Departments

• Books and Publications

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Working with Families

Families provide information that you and your assistant need to care responsibly

for children and build trusting, lasting relationships with each child in your care.

Families can give you information about a child’s interests, health needs, changes

in a child’s home life, and their hopes for the child. You and your assistant share

with parents your observations of the child’s abilities and interests, descriptions of

activities and experiences that you offer and your knowledge of child growth and

development. You also communicate with families about the business side of your program such as

hours of care, payments, new assistants and substitutes, your health policies and other issues. Regular

communication with families helps you and your assistant build close connections with parents and

children. The quality of your program depends on these strong relationships.

In this section of the Handbook we’ll take a look at what you need to do to enroll children and begin a

partnership with families. Essential information contained in this section includes when and how to

communicate with parents, enrolling children, working with children with special needs and supporting

families.

Communication

Parents are essential partners in your program. A

comfortable relationship, built on communication and trust,

will enable you and your assistant to work with families to

provide the best care for every child in your care.

Parents want to know that your home is a safe place for

their child. Encourage them to ‘drop in’ anytime so that

they feel confident about the safety of your home and in

the activities available for their child. Help them feel

welcomed. Assure them that you are just a phone call away

and that you are working with them to help their children

reach their fullest potential!

To be effective, your communication with families must be

open and on-going. Share information in many different

ways. Some ideas to consider include:

416.15(a)(15) Parents must be given the

opportunity to discuss issues related to their

children and care of their children with the

provider, assistant or alternate assistant.

Such opportunities must occur at the time of

enrollment and as frequently as needed

thereafter, but at least annually;

416.15 (a)(9)(i) The parent of any child

receiving group family day care must have:

unlimited and on demand access to such

child; the right to inspect all parts of the

home used for child day care or which could

present a hazard to the health or safety of the

child whenever the parent requests at any

time during the hours of operation of the

home; unlimited and on demand access to the

caregivers whenever such child is in care or

during the normal hours of operation; and

unlimited and on demand access to written

records concerning such child except where

access to such records is otherwise restricted

by law;

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Working with Families rev Jun 2006

• Conversations at drop off and pick up time. During

this brief time, you and your assistant can share

observations about the child’s activities when you

were not together and what you observe during

your daily health check.

• Daily notes home. Include information about toys

and materials the child used, what she ate, when

she used the toilet or had diaper changes and

anything you observed about the child when she

was with you. Some providers use a notebook to

keep all this information in one place.

• Notices on a parent bulletin board. This may be

the place to post information on health issues (We

had a case of chicken pox diagnosed yesterday. Let

me know if you notice any symptoms in your child.)

A bulletin board is also a wonderful place to put

reminders about an upcoming family event, change

in your program schedule, and children’s creations.

• Phone conversations. Talking with a parent when

your program is closed or during naptime can be an

effective way to focus on the conversation and keep

information confidential.

• Parent meetings. You may want to ask families to

come together to discuss a new policy in your

program, listen to a speaker, work together to

resolve an issue or just get together and have fun!

• Parent conferences. During this time, you and your

assistant can share observations about the child’s

development, areas of concern, and talk about

changes to best meet the child’s needs.

Remember that effective communication includes both

talking and listening. Take the comments and concerns of

families seriously. Addressing issues as they come up

prevents small problems from becoming large problems.

Don’t let mole hills turn into mountains!

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Enrolling Children

When a family is considering your group family day care

home, they are preparing to make a very important

decision – to trust you to keep their child safe from harm,

keep them healthy, and love and nurture him or her with

your whole heart. You can help parents make good choices

for their children by giving them materials that will help

them to evaluate your program. You are also helping

parents provide good care for their children when you give

them information about child abuse and maltreatment.

Explain your role as a mandated reporter, why and how you

do a daily health check and how you will document any

injuries or unusual occurrences that you observe during the

day and during the daily health check. Also let them know

about the child abuse hotline and what they can do if they

suspect that their child has been abused.

Share with prospective families’ information about your

program, yourself and any other providers who work in your

program, including assistants, alternate providers,

alternate assistants and substitutes. Also let them know

they are welcome to spend time at your program when

their child is in your care and look over your records about

their child.

You will need to get some information from families when

they enroll a child in your program. This includes:

• name, gender, date of birth and address for each

child;

• each child’s parents’ name, addresses, telephone

numbers;

• contact information where each child’s parents and

others responsible for the child can be reached in

an emergency; and

416.14 (f) At the time of admission, the

provider, assistant or alternate assistant must

furnish parents with appropriate instructional

materials that will assist them in evaluating

the home, the provider, assistant provider and

alternate provider. Such materials shall

include information concerning child abuse

and maltreatment, and guidance on the steps

they may take if they suspect their child has

been abused or maltreated.

416.15 (a)(9)(i) The parent of any child

receiving group family day care must have:

unlimited and on demand access to such

child; the right to inspect all parts of the

home used for child day care or which could

present a hazard to the health or safety of the

child whenever the parent requests at any

time during the hours of operation of the

home; unlimited and on demand access to the

caregivers whenever such child is in care or

during the normal hours of operation; and

unlimited and on demand access to written

records concerning such child except where

access to such records is otherwise restricted

by law;

416.15 (c) The provider must maintain on file

at the group family day care home, available

for inspection by the Office or its designees at

any time, the following records in a current

and accurate manner:

416.15 (c)(3) the name, address, gender, and

date of birth of each child and each child’s

parents’ names, addresses, telephone

numbers and place(s) at which parents or

other persons responsible for the child can be

reached in case of an emergency;

416.15 (c)(4) the names and addresses of

persons authorized to take the child(ren) from

the group family day care home;

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• names and addresses of each person who is

authorized to take the child from your program.

Health information you will need for each child includes:

• permission allowing you to obtain emergency

medical treatment;

• records of health exams and immunizations;

• any results of lead screening;

• records of illnesses, injuries, and any indicators of

child abuse or maltreatment; and

• names and administration instructions for

medications used by the child. See “Protecting and

Promoting Children’s Health” in this Handbook for

more information on giving medication to children

in your care.

There may be times when children in your care will

need medication. It may be because they have an ear

infection, are suffering discomfort from a diaper rash or

have a chronic illness such as asthma or diabetes that is

controlled by the use of medication. Giving medication

can significantly affect children’s health. You will not

be able to administer medication of any kind to

children unless you or your assistant become approved

to do so by an OCFS. See “Protecting and Promoting

Children’s Health” in this Handbook for information on

giving medication to children in your care or check with

your registrar or licensor for more information.

One way to give families information about your program is

in a parent handbook. When you put it together, it should

reflect the unique qualities and the philosophies of your

program. Your parent handbook is also a good place to put

policies you have about:

• when you will exclude children from care;

• discipline, making payments, procedures you will

416.15 (c)(6) children's health records,

including parental consents for emergency

medical treatment; evidence of health

examinations and immunizations; any

available results of lead screening; the name

and dosage of any medications used by a

child and the frequency of administration of

such medications; and a record of illnesses,

injuries, and any indicators of child abuse or

maltreatment;

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follow in emergency situations; and

• procedures for dropping off and picking up children

including who is authorized to pick up children.

This is a good time to be up-front. Demonstrate to parents

that you are in the business of child care and you are ready

to work with them to support the growth and development

of their children.

When you are meeting parents for the first time, you can

also discuss ways to help their child become comfortable in

your home. You may want to set up a time for the parent

and the child to visit with you and your assistant, the other

children and to see the toys and materials in your program.

Allow children to bring comforting items from home such as

a pacifier or blanket, a favorite stuffed animal, a book of

pictures or other safe objects that help your home feel

more like their own home. You might establish a transition

period when a child comes to you for a short time at first

then gradually works up to a full day in your care. For older

children, you could send the child a note to introduce

yourself before he starts.

Some children adapt easily to a new program. Others take a

bit more time. Reassure parents and children that this is

normal and that you are happy to have them as part of your

program.

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Enrolling Infants Younger Than Six Weeks

Children enrolled in your group family day care can be

between the ages of six weeks and 12 years. In some

situations, you might want to enroll a baby who is younger

than six weeks. This situation might include your own

infant—if you plan to re-open your group family day care

before your child is six weeks old. It might also be when a

parent will return to work before the baby is six weeks old.

If you want to care for a child who is less than six weeks

old, you will need to plan ahead and work closely with your

licensor, registrar or licensing office. You will need to

submit the following information, in writing and receive

approval before the child can attend:

• parent’s name;

• parent’s address;

• child’s name, sex and age;

• why the parents are seeking care for their child;

and

• how you will meet OCFS guidelines for caring for a

child less than six weeks old.

Make sure you keep a copy of the approval on file.

You will also need to obtain all the information you

typically get whenever any child enrolls in your program.

Think through this decision carefully. You may also want to

talk with other providers about their experiences with

children under the age of six weeks. Newborns need a lot of

direct care and attention. Their positive growth and

development depends on you and your assistant’s ability to

respond quickly, warmly and respectfully to their every

need. This can be challenging while continuing to meet the

needs of the other children in your care.

413.2 (j)(1) Age of children: A group family

day care home may provide care for children

six weeks through 12 years of age; for

children 13 years of age or older who are

under court supervision; for children 13 years

of age or older who are incapable of caring

for themselves when such inability is

documented by a physician, psychiatrist or

psychologist; and, in extenuating

circumstances, for children under six weeks

of age when prior approval has been obtained

from the Office. Children who attain the

maximum age allowed during the school year

may continue to receive child day care

through the following September 1 or until

they enter school for the following school

year.

416.15 (a)(17) When a provider proposes to

care for a child under the age of six weeks,

prior approval must be obtained from the

Office. In seeking such approval, the provider

must furnish, either verbally or in writing, the

following:

416.15 (a)(17)(i) identifying information

related to the specific child who would

receive care, including the parent’s name and

address, and the child’s name, sex and age;

416.15 (a)(17)(ii) the extenuating

circumstance necessitating the care; and

416.15 (a)(17)(iii) a description of what the

provider will do to achieve consistency with

the Office’s guidelines for the care of children

under the age of six weeks;

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Children with Special Needs

Each child you enroll is a unique person with their own

likes, strengths, weaknesses, cultural background and

personality that reflects their family and their experiences.

It is important that your program welcome all children.

When adults are accepting and welcoming of differences,

children learn to be accepting as well.

There may be situations where accommodations may be

needed for a child with special needs. A child with special

needs may be a child with a developmental delay or

disability, or even a child that has been diagnosed with

asthma or diabetes. If a child has special needs, there are

lots of resources available to you and the family. Depending

on the situation, these resources may include the following:

• the local school district;

• the local Department of Health;

• therapists for a range of concerns such as physical

or social/emotional needs, speech delays and

developmental delays; and

• other resources specific to the child’s needs.

It’s important to work with the child’s family and health

care provider to develop a plan to help determine what

accommodations or support services are appropriate. The

plan should include what training you, your assistant or

alternate assistant will need in order to accommodate the

special needs of the child.

When therapists come into your program to provide services

to a child, you’ll follow your visitor control procedures

described earlier in the Handbook. Also consider other

issues such as:

• how the therapist visits affect your daily schedule;

416.15 (a)(8) A group family day care home

may not refuse to admit a child to the home

solely because the child is a child with a

developmental delay or disability or has been

diagnosed as having human

immunodeficiency virus (HIV), HIV-related

illness or acquired immune deficiency

syndrome (AIDS). Each such child must be

evaluated by the provider to determine

whether the child could be accommodated in

the program if reasonable modifications are

made to the premises and/or program.

Nothing contained in this paragraph shall be

deemed to require the provider to incur

significant additional expenses to modify the

premises and/or program to accommodate

such a child;

416.11 (e) Other than children who are

enrolled in kindergarten or a higher grade,

no child may be accepted for care in a family

day care home unless the provider has been

furnished with a written statement signed by a

health care provider verifying that the child is

able to participate in child day care, currently

appears to be free from contagious or

communicable disease, and is receiving

health care, including appropriate health

examinations,

in accordance with the

American Academy of Pediatrics schedule of

such care and examinations. The written

statement from the health care provider must

also state whether the child is a child with

special health care needs and, if so, what

special provisions, if any, will be necessary in

order for the child to participate in day care.

Where the written statement from the health

care provider advises the day care provider

that the child being enrolled is a child with

special health care needs, the day care

provider must work together with the parent

and the health care provider to develop a

reasonable health care plan for the child

while the child is in the child day care

program. The health care plan for the child

must also address how the day care provider

will obtain or develop any additional

competencies that the day care provider will

need to have in order to carry out the health

care plan for the child. The provider must

also be furnished with documentation stating

Group Family Day Care Provider Handbook Page 137

Working with Families rev Jun 2006

• the space the therapist and child will use during

the visits;

• ways to share information with the therapist and

family; and

• how to continue meeting the needs of all children

whether or not they are receiving therapy.

Of course, there may be other issues depending on your

specific situation.

that the child has received age-appropriate

immunizations in accordance with New York

State Public Health Law.

416.7 (c) Each group family day care home

must provide a sufficient quantity and variety

of materials and play equipment appropriate

to the ages of the children and their

developmental levels and interests, including

children with developmental delays or

disabilities, that promote the children’s

cognitive, educational, social, cultural,

physical, emotional, language and

recreational development.

Offering Support

As a child care provider, you have a close relationship with

families. In many ways, you and your assistant may become

a part of their family. You may be one of the first people to

know about happy events such as planning for a new baby,

mastering a two-wheel bike and a child taking her first

step. You will also be a part of more challenging times as

well such as a divorce, fear about going to school, death of

a grandparent or a parent’s job loss.

The families you and your assistant work with may be

different than your own in terms of their structure,

economic status, beliefs or values. Your relationships with

children and their families are based on mutual respect.

That means accepting families for who they are,

celebrating their joys and supporting them during

challenging times.

Part of this respect is to maintain the confidentiality of

each family. Families trust you not only with their child but

also with very personal information. Make sure you

maintain this trust by keeping this information between you

and the family.

416.15 (a)(7) Information relating to an

individual child is confidential and cannot be

disclosed without written parental permission

to anyone other than the Office, its designees

or other persons authorized by law.

Information relating to an individual child

may be disclosed to a social services district

where the child receives a day care subsidy

from the district, where the child has been

named in a report of alleged child abuse or

maltreatment, or as otherwise authorized by

law. Redisclosure of confidential HIV-related

information, as defined in section 360-8.1 of

this Title, concerning a child receiving family

day care is not permitted except in a manner

consistent with article 27-F of the Public

Health Law;

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Some families you work with might find themselves in

challenging situations. You may be able to offer support by

giving families lists of resources in your community. This

might include:

• food pantries

• local Department of Social Services office

• health clinics

• thrift shops

• food programs

• local and New York State Departments of Health

(see Appendix)

• parent trainings

• local mental health clinics

To avoid singling out any one family, offer these resources

to all families or post them on a bulletin board in your

program.

Working as a partner with families is essential. When you

and the families have a trusting, respectful relationship,

you will best meet the needs of the child, feel valued and

provide the highest quality program.

Relationships Between Families

Families also need to feel confident that their child is

accepted and treated with respect by you, your assistant,

the children and the other families enrolled in your

program. Offer opportunities for families to get to know

each other through informal gatherings, conversations at

pick up and drop off time and by displaying pictures of

children’s families in your program.

Sometimes parents have unrealistic expectations of other

children. For example, a parent of an easy-going 6 year old

Group Family Day Care Provider Handbook Page 139

Working with Families rev Jun 2006

may be alarmed about the boisterous behavior of a 2 year

old. If you or your assistant notices an adult openly

expressing inappropriate expectations about the other

children in your care, you’ll need to step in to protect the

self-esteem of the child. Your respectful response will

depend on the specific situation. Some ideas that you may

want to try:

• explain that a child’s behavior is normal for her

stage of development. “Most two year olds love to

jump and sing to use their newly found

coordination.”

• remind the parent that all children go through

challenging stages. “Remember when your child had

difficulties at pick up time in the afternoon?”

• model appropriate interactions with the child when

the adult is in your program. Accept the child, and

her behavior, with understanding and calm words.

• if the behavior is unsafe, let the parent know that

you are working to address this. “All children are

different. Some children need more help and time

to learn how to express their strong emotions

appropriately. While we are doing this, it’s always

our job to keep every child safe.”

Supervision When Parents Are Present

When a child is being picked up and dropped off, keeping

everyone safe may become more challenging. This may

happen because you and your assistant are trying to do

several things at once: greet the parent, help gather the

child’s belongings and continue to supervise all children.

To avoid problems, talk with parents about supervision

when both you and the parent are in your program. Decide

at what point the child is supervised by you and your

Page 140 Group Family Day Care Provider Handbook

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assistant and when she is supervised by the parent. Some

providers and families agree that the parent is responsible

as soon as she or he walks into your program. Others use a

signal like a “hello” and a “good bye” hug from you to note

when this change happens. This helps children transition in

and out of your program each day.

Using Surveillance Cameras

Much like live TV, cameras that allow you to watch what is

happening in real time from a remote location are now

available. You may decide to use “web cam” to allow

parents to see their children through the internet. If you

want to do this, make sure you do the following:

• inform all parents and providers of the camera

locations;

• use security measures such as pass words and

filters;

• comply with all related state and federal laws and

OCFS regulations; and

• allow OCFS staff access.

Remember, these cameras do not take the place of

providing competent direct supervision.

416.15 (a)(9)(ii)(a) The parents of all

children receiving care in a group family day

care home equipped with video surveillance

cameras installed for the purpose of allowing

parents to view their children in the day care

setting by means of the internet must be

informed that cameras will be used for this

purpose. All assistants, alternate assistants

and employees of the group family day care

home must also be informed if video

surveillance cameras will be used for this

purpose.

416.15 (a)(9)(ii)(b) All parents of children

enrolled in the group family day care home

and all assistants, alternate assistants and

employees of the group family day care home

must be made aware of the locations of all

video surveillance cameras used at the group

family day care home.

416.15 (a)(9)(ii)(c) Group family day care

homes opting to install and use video

surveillance equipment must comply with all

State and federal laws applicable to the use of

such equipment.

416.15 (a) (9) (ii) (d) Video surveillance

cameras may not be used as a substitute for

competent direct supervision of children.

416.15 (a)(9)(ii)(e) Group family day care

homes opting to allow parents to view their

children in the day care setting by means of

the internet must use and maintain adequate

internet security measures at all times. Such

measures include but are not limited to:

frequent changes of passwords; filtering

measures that prohibit public access to or

viewing of day care activities via the internet;

and immediate corrective action in response

to any report of abuse of the system or

Group Family Day Care Provider Handbook Page 141

Working with Families rev Jun 2006

inappropriate access. Such homes must also

advise the parents having access to views of

the day care home through the internet of the

importance of security in regard to such

viewing and of the importance of the privacy

rights of other children who may be viewed.

416.15 (a) (9)(ii)(f) Video surveillance

cameras are permitted to transmit images of

children in common rooms, hallways and play

areas only. Bathrooms and changing areas

must remain private and free of all video

surveillance equipment.

416.15 (a)(9)(ii)(g) Group family day care

homes that use video surveillance equipment

must allow inspectors and other

representatives of the Office to have access to

such equipment and to have viewing

privileges as required by the Office.

Resources

You will find additional resources related to this chapter in the Appendix at the end of this Handbook.

Some that may be helpful to you include:

• OCFS Regional Offices

• State Agencies and Organizations

• National Organizations

• County Health Departments

• Books and Publications

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Growing as a Professional

Ongoing professional development for you and your assistant will give you the

tools you need to manage your business, stay current with child development

theory and respond to the unique needs of the children you care for and their

families. Participating in training is a vital part of being a professional child care

provider.

In this final section of the Handbook we’ll address the training requirements for

you and your assistant as well as how to find training and organizations that

support the work you do. We’ll also cover the importance of keeping organized

records of your professional development activities.

Training

Working with children and families is an important

responsibility. Staying up-to-date with the OCFS training

requirements is critical to maintaining your license. You and

your assistant are required to complete 30 hours of training

during each license renewal period. You can find your

renewal period on your license.

By spending time to develop a plan for your own individual

professional growth, you and your assistant demonstrate your

long term commitment to the children in your care and their

families because you are doing what it takes to:

• keep your license;

• stay up-to-date with current research about

appropriately supporting each child’s growth and

development;

• learn new skills and refresh old skills, to meet each

child’s needs;

• protect and promote each child’s health and safety;

and

• understand and stay current with OCFS regulations.

416.14 (a) Before the Office issues an initial

license, the person who will be the primary

caregiver must complete training approved

by the Office pertaining to the health and

safety of children and must demonstrate

basic competency with regard to health and

safety standards. All health and safety

training received after the application has

been submitted but prior to issuance of the

license may be applied to the initial fifteen

(15) hours of training required in

subdivision (b) of this subsection.

Group Family Day Care Provider Handbook Page 143

Growing as a Professional rev Jun 2006

If you are a new group family provider, assistant or alternate

assistant you must take at least 15 hours of training within

the first six months of receiving the license. As the lead

provider, you need to take health and safety training that is

approved by OCFS before your group family day care license

is approved. This health and safety training can “count”

towards the 15 hours you need to have within the first six

months of receiving the license.

If you hire a new assistant or alternate assistant after

receiving your licensing, he or she will also need to complete

at least 15 hours of training during the first six months after

becoming your assistant or alternate assistant.

The training you and your assistant take must address specific

issues related to child care as well as the laws and

regulations for child care programs in New York State. These

topics are listed below:

• principles of early childhood development, including

the appropriate supervision of children; meeting the

needs of children enrolled in the program with

physical or emotional challenges and behavior

management and discipline;

• nutrition and health needs of children;

• child day care program development;

• safety and security procedures, including

communication between parents and the staff of your

program;

• business record maintenance and management;

• statutes and regulations pertaining to child day care;

• statutes and regulations pertaining to child abuse and

maltreatment; and

• Shaken Baby Syndrome.

416.14 (b) Each provider, assistant and

alternate assistant must complete a

minimum of fifteen (15) hours of training

during the first six months of licensure. Any

person who becomes an assistant or

alternate assistant after the initial licensure

of the home must complete a minimum of

fifteen (15) hours of training during the first

six months after becoming an assistant or

alternate assistant. In either case, this

initial fifteen (15) hours applies toward the

total thirty (30) hour minimum requirement

for each licensure period. A total of thirty

(30) hours of training must be completed

every two years. Such training must address

the following topics:

416.14 (b)(1) principles of childhood

development, including the appropriate

supervision of children; meeting the needs

of children enrolled in the program with

physical or emotional challenges and

behavior management and discipline;

416.14 (b)(2) nutrition and health needs of

children;

416.14 (b)(3) child day care program

development;

416.14 (b)(4) safety and security

procedures, including communication

between parents and staff;

416.14 (b)(5) business record maintenance

and management;

416.14 (b)(6) child abuse and maltreatment

identification and prevention;

416.14 (b)(7) statutes and regulations

pertaining to child day care; and

416.14 (b)(8) statutes and regulations

pertaining to child abuse and maltreatment.

416.14 (c) Training received after the

application has been submitted but before

the application has been approved and the

license granted may be counted towards the

initial fifteen (15) hours required in

subsection (b) above.

416.14 (e) Each provider, assistant and

alternate assistant must submit verification

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The training you choose should help you provide high-quality

child care. Your licensor, registrar or OCFS staff can offer

suggestions for training and organizations that offer training

that may be right for you.

There is not a specific “30 hour class” or training series that

you are required to take. Many different organizations offer

training that might be appropriate for you. Some

organizations to consider include local and statewide child

care associations; libraries, parent groups, American Red

Cross offices; local Departments of Health; child care

networks and agencies; child care resource and referral

agencies; local business organizations; local school districts;

universities and community colleges. Be sure you and your

assistant keep written records of the trainings you take on

forms provided by the OCFS licensing Office. Proof of

completion of each training/course must be available to show

your licensor upon request and during your renewal process.

If you or your assistant can demonstrate knowledge and

experience in a specific topic area, you may be able to focus

your training on the other topic areas. For example, if you

are a Licensed Practical Nurse, you might not be required to

take training in “health needs of infants and children.” You

will still need to take a total of 30 hours of training and cover

all other required topic areas.

For more information contact your licensor or registrar. Plan

ahead to avoid any delays in renewing your license.

If you, your assistant or alternate assistant do not meet the

training requirements, your license renewal might be denied

or, depending on the specific situation, your license may be

renewed for only one year.

of completion of the training requirements

to their program’s designated licensing

office on forms provided by the Office.

416.14 (d) For the thirty (30) hours of

training that must be received every two

years after the first year of licensure, any

provider, assistant or assistant provider

who can demonstrate basic competency in a

particular topic to the Office may determine

in which of the specified topics he or she

needs further study. The Office may also

exempt any provider, assistant, or alternate

assistant from participating in training on a

particular topic upon demonstration of

substantially equivalent knowledge or

experience related to that topic. All persons

with such exemptions must still complete a

minimum of thirty (30) hours of training

during each licensing period.

416.15(b)(2)(i) If a provider, assistant or

alternate assistant has not met the training

requirement specified in section 416.14 of

this Part, a subsequent license may be

issued for a period of up to one year

following the completion of an acceptable

inspection of the family day care home;

416.15(b)(2)(ii) No more than one such

limited renewal may be issued in

succession;

Group Family Day Care Provider Handbook Page 145

Growing as a Professional rev Jun 2006

Professional Associations and Organizations

Another important aspect of maintaining your own

professional development is getting involved with

professional associations and organizations. These

organizations include child care associations and local child

care resource and referral agencies. In some parts of New

York State there are also child care networks or child care

satellite agencies that serve as resources for the child care

community. The Appendix of this Handbook includes a list of

associations you may want to contact. Your licensor, registrar

or OCFS licensing staff may know of others in your area.

Participating in activities and accessing services that these

professional organizations offer can provide you with:

• support from others who understand the issues and

joys of providing high quality child care;

• a group of people to develop solutions to challenges

you face in your work;

• increased visibility to ask for donations, discounts

and other resources from organizations and

businesses in your community;

• an opportunity to access services, such as insurance,

that would be too expensive if you were to purchase

them as an individual; and

• additional training opportunities.

Keeping Track of Your Professional Growth

It is important to keep track of your professional

development. You will need records of the training you and

your assistant have participated in when you renew your

license. These records will also help you make decisions

about what trainings you want and will need to take in the

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future. Resources from professional associations and trainings

will be helpful when you need help to meet a wide variety of

challenges in your program.

Set up a record-keeping system that works best for you. Some

providers use file folders, keeping all training certificates

together in one file. You might create files for various

subjects such as common illnesses, activity ideas, discipline

strategies, helping children cope with loss and other

resources that you got from trainings, found in magazines or

through your own research.

Portfolios are a good way to show parents how training helps

you and your assistant meet the needs of the children in your

care. For example, let’s say you both went to training about

using musical instruments with children. Use your portfolio to

organize all the related information. This might include any

handouts from the training, directions to make instruments

with children and simple songs. Include your lesson plans or

description of the related activities you did with children.

Pictures of children doing the activities helps parents see

how the children responded to the activities. Add your notes

evaluating the activities and how you will do it differently

next time. Your portfolio also demonstrates your

commitment to on-going professional development.

Go through your records from time to time. It will help you

see how much you have grown as a provider and spur you on

to continued professional growth.

416.2 (d) Applicants for renewal of a

license must submit to the Office at least 60

days in advance of the expiration date of the

license the following:

416.2 (d)(9) proof of compliance with the

training requirements of section 416.14 of

this Part.

416.14 (e) Each provider, assistant and

alternate assistant must submit verification

of completion of the training requirements

to their program’s designated licensing

office on forms provided by the Office.

Resources

You will find additional resources related to this chapter in the Appendix at the end of this Handbook.

Some that may be helpful to you include:

• OCFS Regional Offices

• State Agencies and Organizations

• National Organizations

Group Family Day Care Provider Handbook Page 147

Appendix rev Jun 2006

Appendix

In this Appendix, we’ve included several documents that you may want to use in your program. You will

also find listings of books, publications and organizations that may be helpful to you as a licensed group

family day care provider. Feel free to add to this section as you find additional tools and resources that

help you offer high quality child care to the families in your program.

Group Family Day Care Provider Handbook Page 148

Appendix rev Jun 2006

How Many Children May a Group Family Day Care Provider Care For?

Group Family Day Care Provider Handbook Page 149

Appendix rev Jun 2006

Instructions for Doing a Daily Health Check

A daily health check occurs when the child arrives at the program and continues throughout the day.

Check the following while at the child’s level so you can interact with the child when talking with the

parent:

1. Child’s behavior: is it typical or atypical for time of day and circumstances?

2. Child’s appearance:

• Skin: pale, flushed, rash (feel the child’s skin by touching affectionately)

• Eyes, nose, and mouth: note color; are they dry or is there discharge? Is child rubbing eye,

nose, or mouth?

• Hair: (in a lice outbreak look for nits)

• Breathing: normal or different; cough

3. Check with the parent:

• How did the child seem to feel or act at home?

• Sleeping normally?

• Eating/drinking normally? When was the last time child ate or drank?

• Any unusual events?

• Bowels and urine normal? When was the last time child used toilet or was changed?

• Has the child received any medication or treatment?

4. Any evidence of illness or injury since the child was last participating in child care?

5. Any indications of child abuse or maltreatment?

6. Document any unusual findings.

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Hand Washing That Kills Germs

All staff, volunteers, and children will wash their hands at the following times:

a) upon arrival for the day, when moving from one child care group to another, and whenever

they are dirty

b) before and after:

 eating, handling food, or feeding a child

 giving medication

c) after:

 diapering and toileting

 coming in contact with bodily fluids (mucous, blood, vomit) and wiping noses, mouths,

and sores

 handling pets or other animals

 coming in from outdoors

All staff, volunteers, and children will wash their hands using the following steps:

1) Moisten hands with water and apply liquid soap.

2) Rub hands with soap and water for at least 30 seconds – remember to include between fingers,

under and around fingernails, backs of hands, and scrub any jewelry.

3) Rinse hands well under running water with fingers down so water flows from wrist to finger tips.

4) Leave the water running.

5) Dry hands with a disposable paper towel or approved drying device.

6) Use a towel to turn off the faucet and, if inside a toilet room with a closed door, use the towel to

open the door.

7) Discard the towel in an appropriate receptacle.

8) Apply hand lotion if needed.

If a child is too heavy to hold for hand washing at the sink and can not be brought to the sink for hand

washing, use disposable wipes or a damp paper towel moistened with a drop of liquid soap to clean the

child’s hands. Then, wipe the child’s hands with a wet paper towel and dry the child’s hands with a

fresh paper towel.

Group Family Day Care Provider Handbook Page 151

Appendix rev Jun 2006

Sanitizing Bleach Solutions

Equipment, toys, and objects used or touched by children will be cleaned and sanitized as follows:

1. Equipment that is frequently used or touched by children on a daily basis must be cleaned

and disinfected when soiled at least once weekly.

2. Carpets contaminated with body fluids must be spot cleaned.

3. Diapering surfaces must be disinfected after each child.

4. Countertops, tables and food preparation surfaces (including cutting boards) must be

cleaned and disinfected before and after food preparation and eating.

5. Potty chairs must be emptied and disinfected after each use. They must not be washed out

in a hand washing sink, unless that sink is washed and disinfected after such use.

6. Toilet facilities must be kept clean at all times, and must be supplied with toilet paper,

soap, and disposable towels accessible to the children.

7. Any surface which comes in contact with body fluids must be disinfected immediately.

8. Thermometers and toys mouthed by children must be soaked in a disinfectant before use

by another child.

Staff will use the following procedures for

cleaning and sanitizing non-porous hard

surfaces such as tables, countertops and

diapering surfaces:

1. Wash the surface with soap and water.

2. Rinse until clear.

3. Spray the surface with the 1 tablespoon

bleach to 1 quart of water solution until it

glistens.

4. Let sit for 2 minutes.

5. Wipe with a paper towel or let air-dry.

Staff will use the following procedure to

clean and disinfect toys that have been

mouthed by children:

1. Wash the toys in warm soapy water, using a

scrub brush to clean crevices and hard to

reach places.

2. Rinse in running water until water runs

clear.

3. Place toys in soaking solution of ¾ cup

bleach to 1 gallon of water.

4. Soak for 5 minutes.

5. Rinse with cool water.

6. Let toys air-dry.

The concentration of bleach recommended for sanitizing changes with the type of application. Bleach

solutions must be made fresh each day because bleach loses its strength when it is exposed to air,

sunlight and heat.

o Spray solution: 1 tablespoon of bleach to 1 quart of water OR ¼ cup of bleach per

gallon water.

o Soaking solution: ¾ cup bleach to 1 gallon of water

Remember to label your spray bottle with the contents and keep out of reach of children. Do not spray

surfaces when children are at or near them. Allow the surface plenty of time to completely air dry or

wipe the surface dry with a paper towel. Bleach is inexpensive and readily available. However,

acceptable commercial alternatives can be used by those who prefer other sanitizing agents. If

purchasing commercial products, select those that are EPA chemical germicides registered as hospital

disinfectants.

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Using Disposable Medical Gloves

The following steps explain how to properly put on, remove and dispose of medical gloves.

DONNING

1. Wash hands.

2. Put on a clean pair of gloves. Do not reuse gloves.

3. Administer the treatment or medication or clean the medication prep site.

REMOVAL and DISPOSAL

1. Remove the first glove by pulling at the palm and stripping the glove off. The

entire outside surface of the gloves is considered dirty. Have dirty surfaces touch

dirty surfaces only.

2. Ball up the first glove in the palm of the other gloved hand.

3. Use the non-gloved hand to strip the other glove off. Insert a finger underneath the glove at

the wrist and push the glove up and over the glove in the palm. The inside surface of your

glove and your ungloved hand are considered clean. Be careful to touch clean surfaces to clean

surfaces only. Do not touch the outside of the glove with your ungloved hand.

4. Drop the dirty gloves into a plastic lined trash receptacle.

5. Wash hands.

Glove use does not replace hand washing. Providers must always wash their hands after removing

and disposing of medical gloves.

Group Family Day Care Provider Handbook Page 153

Appendix rev Jun 2006

Recommended Procedure for Changing a Diaper

Diapering will be done only in the selected diapering area. Food handling is not permitted in diapering

areas.

Surfaces in diapering areas will be kept clean, waterproof, and free of cracks, tears, and crevices. All

containers of skin creams and cleaning items are labeled appropriately and stored off the diapering

surface and out of reach of children.

Diapers will be changed using the following steps:

1) Collect all supplies, but keep everything off the diapering surface except the items you will use

during the diapering process. Prepare a sheet of non-absorbent paper that will cover the diaper

changing surface from the child’s chest to the child’s feet. Bring a fresh diaper, as many wipes as

needed for this diaper change, non-porous gloves and a plastic bag for any soiled clothes. Take the

supplies out of the containers and put the containers away.

2) Avoid contact with soiled items, and always keep a hand on the baby. Items that come in contact

with items soiled with stool or urine will have to be cleaned and sanitized. Carry the baby to the

changing table, keeping soiled clothing from touching the caregiver’s clothing. Bag soiled clothes

and, later, securely tie the plastic bag to send the clothes home.

3) Put on gloves. Unfasten the diaper, but leave the soiled diaper under the child. Hold the child’s

feet to raise the child out of the soiled diaper and use disposable wipes to clean the diaper area.

Remove stool and urine from front to back and use a fresh wipe each time. Put the soiled wipes

into the soiled diaper. Note and later report any skin problems.

4) Remove the soiled diaper. Fold the diaper over and secure it with the tabs. Put it into a lined

covered or lidded can and then into an outdoor receptacle or one out of reach of children. If

reusable diapers are being used, put the diaper into the plastic-lined covered or lidded can for

those diapers or in a separate plastic bag to be sent home for laundering. Do not rinse or handle

the contents of the diaper.

5) Check for spills under the baby. If there is visible soil, remove any large amount with a wipe, then

fold the disposable paper over on itself from the end under the child’s feet so that a clean paper

surface is now under the child.

6) Remove your gloves and put them directly into the covered or lidded can. Wipe your hands with a

disposable wipe.

7) Slide a clean diaper under the baby. If skin products are used, put on gloves and apply product.

Dispose of gloves properly. Fasten the diaper.

8) Clean the baby’s hands, using soap and water at a sink if you can. If the child is too heavy to hold

for hand washing and cannot stand at the sink, use disposable wipes or soap and water with

disposable paper towels to clean the child’s hands. Dress the baby before removing him from the

diapering surface. Take the child back to the child care area.

9) Clean and disinfect the diapering area.

• Dispose of the table liner into the covered or lidded can.

• Clean any visible soil from the changing table.

• Spray the table so the entire surface is wet with bleach solution or hospital-grade germicidal

solution.

• Leave the bleach on the surface for 2 minutes, then wipe the surface or allow it to air dry.

10) Wash hands thoroughly.

Page 154 Group Family Day Care Provider Handbook

rev Jun 2006 Appendix

Recommended Procedure for Cleaning and Sanitizing Potty Chairs

After Each Use:

1) Put on disposable medical gloves.

2) Empty contents into toilet.

3) Rinse potty chair with water in a sink never used for food preparation purposes and empty into

toilet.

4) Wash all parts of the potty with soap and water using paper towels.

5) Empty contents into toilet and flush toilet.

6) Spray with bleach solution.

7) Air-dry.

8) Wash and sanitize sink.

9) Remove your gloves and dispose of them in a plastic-lined receptacle with tight-fitting lid.

10) Wash your hands in running water.

Potty Chair Tips:

Potty chair frames should be made of a continuous-surface, smooth, nonporous material that is easily

cleanable. Wood frames are not recommended. The waste container should be easily removable and fit

securely into the chair.

Many medical experts recommend that potty-chairs not be used in groups because of hygiene problems.

If a child really needs a potty chair, ask the parents to provide it as a personal item to be used only by

that child.

When selecting a potty chair, choose one with as few cracks and crevices as possible to make cleaning

and sanitizing easier.

Group Family Day Care Provider Handbook Page 155

Appendix rev Jun 2006

Safety Precautions Relating to Blood

Procedure for Washing and Sanitizing a

Bloody Surface:

1. Put on disposable medical gloves.

2. Wash and sanitize surface. Dispose of

contaminated cleaning supplies in plastic

bag and secure.

3. Remove gloves and dispose of them in a

plastic-lined receptacle.

4. Wash hands thoroughly under running water.

Procedure for Dealing with Blood When

Outdoors:

1. Put on disposable medical gloves.

2. Clean surface of blood and discard all

bloody cleaning supplies in plastic bag

along with contaminated gloves.

3. Seal the plastic bag.

4. In place of washing hands under running

water, when it is not available, use an

antiseptic lotion until you get to running

water.

5. When you get back to a sink, wash hands

immediately.

6. If a child’s clothes are contaminated with

blood, remove them and put them in a

plastic bag labeled with child’s name,

secure the bag and give it to the parents at

the end of the day.

Procedure for Dealing with a Bloody Nose:

1. If disposable medical gloves are readily

available, put them on.

2. Stop the bleeding by applying pressure -

pinching the child’s nose gently, or having

the child pinch his or her own nose.

3. All tissues and/or cloths used to stop the

bleeding should be placed in a plastic bag

for discarding.

4. Remove gloves and place in plastic bag.

5. Secure the plastic bag that has

contaminated cleaning supplies and your

gloves, and dispose of the bag in a plastic-

lined receptacle.

6. If a child’s clothes are contaminated with

blood, remove them and put them in a

plastic bag labeled with child’s name,

secure the bag and give it to the parents at

the end of the day.

7. Make sure the child washes his/her hands.

8. Put on new disposable medical gloves.

9. Clean and sanitize any blood-contaminated

surfaces.

10. If your clothes are contaminated with

blood, remove your clothes and wash them

separately from non-contaminated ones.

11. Wash hands thoroughly.

Page 156 Group Family Day Care Provider Handbook

rev Jun 2006 Appendix

Sample Emergency Telephone Numbers

This phone is located at (complete street address) ____________________________________________

Phone number____________________________________________________________________________

Directions (cross streets, landmarks, etc.) ____________________________________________________

________________________________________________________________________________________

Emergency Numbers

911

Police______________________________________ Fire _____________________________________

Ambulance__________________________________ Taxi Service ______________________________

NYS Child Abuse Hotline 1-800-635-1522 National Poison Control Center 1-800-222-1222

Note: Keep “blue cards” up to date with current numbers for parents and emergency contacts for

all children.

Always Give This Information in Emergencies

• your name

• nature of emergency

• your telephone number

• your address

• that you are a family day care provider

caring for ____ number of children

• exact location of injured person

• simple directions to your home if asked

Do not hang up before the other person hangs up

Group Family Day Care Provider Handbook

Appendix, page 170

Group Family Day Care Provider Handbook Page 157

Appendix rev Jun 2006

Other Helpful Phone Numbers

Registrar ___________________________________ Regional Office ___________________________

Health Care Consultant _______________________ Dept. of Health ___________________________

Dept. of Social Svcs.__________________________ Local CCR&R or Satellite ___________________

Phone Co. __________________________________ Utility Co. _______________________________

Plumbing Service ____________________________ Heating/Air Cond. Svc._____________________

Trash Removal ______________________________ Snow Removal ____________________________

Animal Control ______________________________ Other ___________________________________

Other ______________________________________ Other ___________________________________

Page 158 Group Family Day Care Provider Handbook

rev Jun 2006 Appendix

First Aid Kit Recommended Items

The following are recommended items that a first aid kit should contain, but is not limited to:

• Disposable Gloves, preferably vinyl

• Sterile gauze pads of various sizes

• Bandage tape

• Roller gauze

• Cold pack

Store your first aid kit in a place that can be accessed quickly by adults but is inaccessible to children.

You’ll need your first aid kit whenever you are with children both in your program and when you are

away from the program.

Group Family Day Care Provider Handbook Page 159

Appendix rev Jun 2006

OCFS Regional Offices

New York State Office of Children and Family Services, Bureau of Early Childhood Services (BECS)

Albany Regional Office

Linda Sornberger, R.O. Manager

NYS Office of Children and Family Services

155 Washington Avenue

Albany, NY 12210-2329

(518) 402-3038

Serving the counties of: Albany, Clinton,

Columbia, Delaware, Essex, Franklin, Fulton,

Greene, Hamilton, Montgomery, Otsego,

Rensselaer, Saratoga, Schenectady, Schoharie,

Warren, Washington

Buffalo Regional Office

Bob Stoczynski, R.O. Manager

NYS Office of Children and Family Services

295 Main Street, Ellicott Square Building

Suite 445, 4

Floor

Buffalo, NY 14203

(716) 847-3828

Serving the counties of: Allegany, Cattaraugus,

Chautauqua, Erie, Genesee, Niagara, Orleans,

Wyoming

Long Island Regional Office

Robin Beller, R.O. Manager

NYS Office of Children and Family Services

Courthouse Corporate Center

320 Carelton Avenue - Suite 4000

Central Islip, New York 11722

(631) 342-7100

Serving the counties of: Nassau and Suffolk

New York City Regional Office

Patricia Lewis, R.O. Manager

NYS Office of Children and Family Services

New York City Regional Office

80 Maiden Lane, 23rd Floor0

New York, NY 10038

(212) 383-1415

Serving the 5 boroughs of New York City

Syracuse Regional Office

Dianne McLaughlin, R.O. Manager

NYS Office of Children and Family Services

The Atrium Building, 3rd Floor

2 Clinton Street

Syracuse, NY 13202

(315) 423-1202

Serving the counties of: Broome, Cayuga,

Chenango, Cortland, Herkimer, Jefferson,

Lewis, Madison, Oneida,

Onondaga, Oswego, St. Lawrence, Tioga,

Tompkins

Rochester Regional Office

Terry Chylinski, R.O. Manager

NYS Office of Children and Family Services

259 Monroe Avenue, 3rd Fl. Monroe Square

Rochester, NY 14607

(585) 238-8531

Serving the counties of: Chemung, Livingston,

Monroe, Ontario, Schuyler, Seneca, Steuben,

Wayne, Yates

Yonkers Regional Office

Frances Franco-Montero, R.O. Manager

NYS Office of Children and Family Services

525 Nepperhan Avenue-Room 205

Yonkers, New York 10703

(914) 376-8810

Serving the counties of: Dutchess, Orange,

Putnam, Rockland, Sullivan, Ulster,

Westchester

New York City Department of Health

2 Lafayette St.

22nd Floor

New York, New York 10007

(212) 676-2444 (except FDC registration)

(212) 280-9251 (FDC Registration)

Page 160 Group Family Day Care Provider Handbook

rev Jun 2006 Appendix

State Agencies and Organizations

Family Child Care Association of NYS

P.O. Box 5486

Albany NY 12205-0486

(518) 452-1818

www.fccanys.org

NYS Association for the Education of Young

Children

230 Washington Avenue Extension

Albany, NY 12203

(518) 867-3517

www.nysaeyc.org

NYS Center for Sudden Infant Death

School of Social Welfare

Health Sciences Center

Stony Brook University

Stony Brook, NY 11794-8232

(631) 444-3690, 800-336-7437

www.hsc.stonybrook.edu/index.cfm?ID=1686

NYS Child Care Coordinating Council

230 Washington Avenue Extension

Albany, New York 12203

(518) 690-4217

www.nyscccc.org

NYS Department of Health

Empire State Plaza

Albany, NY 12237-0618

(518) 473-8600

www.health.state.ny.us

CACFP website:

www.health.state.ny.us/prevention/nutrition/

cacfp/

1-800-698-4543 for Child Health Plus

(children's insurance program)

1-866-432-5849 for Healthy NY

(low-cost health insurance)

NYS Department of Insurance

Empire State Plaza, Agency Building 1

Albany, NY 12257

(518) 474-6600

www.ins.state.ny.us

NYS Department of Labor

New York State Department of Labor

State Office Building Campus, Room 500

Albany, NY 12240-0003

(518) 457-9000

Employer Hotline: 1-800-HIRE-992

(1-800-447-3992)

www.labor.state.ny.us

NYS New York State Education Department

Office of Vocational and Educational Services

for Individuals with Disabilities (VESID)

One Commerce Plaza

Albany, NY 12234

(518) 486-7462

www.vesid.nysed.gov

NYS Head Start Association

230 Washington Avenue Extension

Albany, NY 12203

(518) 452-9746

www.nysheadstart.org

NYS Infant-Toddler Coalition

c/o Child Care Resources of Rockland Co.

235 North Main Street, Suite 11

Spring Valley, NY 10977

(845) 425-0009

www.childcarerockland.org

NYS Small Business Development Centers

Empire State Development Division for Small

Business

30 South Pearl Street

Albany, NY 12245

800-STATE NY (800-782-8369)

www.nylovessmallbiz.com

NYS Office of Children and Family Services

52 Washington Street

Rensselaer, NY 12144

(518) 408-3005

www.ocfs.state.ny.us

(see also OCFS Regional Office listings)

SUNY Training Strategies Group

State University Plaza

Albany, NY 12246-0001

(518) 443-5940

Educational Incentive Program: (800) 295-9616

www.tsg.suny.edu

Group Family Day Care Provider Handbook Page 161

Appendix rev Jun 2006

Starting a Business in New York State

These contacts are provided as a reference for general business requirements and are not intended to

offer legal or financial advice. You are encouraged to discuss your business plans with an attorney

and/or accountant.

Governor’s Office of Regulatory Reform

P.O. Box 2107

Albany, NY 12220-0107

(800) 342-3464 or (518) 474-8275

www.gorr.state.ny.us

NYS Department of Taxation & Finance

Sales Tax Registration

W. Averill Harriman Campus

Albany, NY 12227

Forms: (800) 462-8100 OR (518) 485-6800

Information: (800) 972-1233

www.tax.state.ny.us

To apply online: www.nys-opal.com

Internal Revenue Service

(800) 829-3676 or (800) 829-1040

www.irs.ustreas.gov

US Citizenship and Immigration Services

(formerly the Immigration and Naturalization Service)

(800) 375-5283

www.uscis.gov

Federal Unemployment Tax

Forms: (800) 829-3676

Information: (800) 829-1040

NYS Department of Labor

Unemployment Insurance Division

State Campus, Building 12

Albany, NY 12240

(518) 457-5807

To apply online: www.nys-opal.com

NYS Small Business Development Center

41 State Street, 7

Floor

Albany, NY 12246

(800) 732-7232 (SBDC)

OTHER BUSINESS SOURCES:

Your Business: A Guide to Owning and

Operating a Small Business in New York State

Empire State Development

Business Assistance Hotline

(800) 782-8369

Division of Minority and Women’s

Business Development

(518) 292-5250

www.nylovesbiz.com

Page 162 Group Family Day Care Provider Handbook

rev Jun 2006 Appendix

National Organizations

American Academy of Pediatrics

P.O. Box 927

141 Northwest Point Blvd.

Elk Grove Village, IL 60009

(also state chapters)

www.aap.org

American Red Cross National Headquarters

431 18th Street, NW

Washington, DC 20006

Phone: (202) 303-4498

www.redcross.org

Child Welfare League of America

440 First Street, NW, Suite 310

Washington, DC 20001

(202) 638-2952

www.cwla.org

Children’s Defense Fund

25 E Street, NW

Washington, DC 20001

(202) 628-8787

www.childrensdefense.org

Consumer Product Safety Commission

U.S. Consumer Product Safety Commission

Washington, D.C. 20207-0001

Toll-free consumer hotline: 800-638-2772

(TTY 800-638-8270).

www.cpsc.gov

Council for Early Childhood Professional

Recognition

2469 16th Street, NW

Washington, DC 20009-3575

(800) 638-2772

www.cdacouncil.org

ERIC/EECE, Educational Resources

Information Center, Elementary and Early

Childhood Education

University of Illinois

805 W. Pennsylvania Avenue

Urbana, IL 61801

www.ericeece.org

National Association for the Education of

Young Children

1509 16th Street, NW

Washington, DC 20036-1426

(800) 424-2460

www.naeyc.org

National Association for Family Child Care

5202 Pinemont Drive

Salt Lake City, Utah 84123

(801) 269-9338

www.nafcc.org

National Committee to Prevent Child Abuse

200 S. Michigan Avenue, 17th floor

Chicago, IL 60604

(312) 663-3520

www.childabuse.org

National Resource Center for Health and

Safety in Child Care

UCHSC at Fitzsimons

National Resource Center for Health and Safety

in Child Care

Campus Mail Stop F541

PO Box 6508

Aurora, CO 80045-0508

800-598-KIDS

www.nrc.uchsc.edu

Sudden Infant Death Syndrome Alliance:

1314 Bedford Avenue, Suite 210

Baltimore, Maryland 21208

1-800-221-7437

www.sidsalliance.org

Group Family Day Care Provider Handbook Page 163

Appendix rev Jun 2006

US Department of Agriculture, Food and

Nutrition Service

Albany Field Office

O’Brien Federal Building, Room 752

Clinton Avenue and N. Pearl Street

Albany NY 12207

(518) 431-4274

Rochester Field Office

Federal Building and Courthouse

100 State Street, Room 318

Rochester NY 14614

(585) 263-6744

New York City Field Office

201 Varick Street, Room 609

New York, NY 10014

(212) 620-6338

www.usda.gov

www.usda.gov/cnpp (food guide pyramid for

children)

US Equal Employment Opportunity

Commission

Headquarters

U.S. Equal Employment Opportunity

Commission

1801 L Street, N.W.

Washington, D.C. 20507

(202) 663-4900

TTY: (202) 663-4494

New York District Office

333 Whitehall Street

New York NY 10004

(212) 336-3620 or (800) 669-4000

TTY (212) 336-3622 or (800) 669-6820

Buffalo Local Office

6 Fountain Plaza, Suite 350

Buffalo NY 14202

(716) 551-4441 or (800) 669-4000

TTY (716) 551-5923 or (800) 669-6820

www.eeoc.gov

Page 164 Group Family Day Care Provider Handbook

rev Jun 2006 Appendix

Books and Publications

American Academy of Pediatrics. Preparing for

Illness: A Joint Responsibility for

Parents and Caregivers. Rosemont, PA:

The Early Childhood Education Linkage

System, 1996.

American Public Health Association and

American Academy of Pediatrics.

National Health and Safety

Performance Standards Guidelines for

Out-of-Home Child Care Programs,

1992.

American National Red Cross. American Red

Cross Child Care Course Health and

Safety Units, 1992.

Brendekamp, Sue and Copple, Carol, Editors.

Developmentally Appropriate Practice

in Early Childhood Programs, Revised

Edition. Washington, D.C.: National

Association of the Education of Young

Children, 1997.

Bos, Bev. Together We’re Better: Establishing

a Co-active Learning Environment. Turn

the Page Press. 1990

Chasnoff, M.D., Ira J. Your Child: A Medical

Guide. Lincolnwood, IL: Publications

International, Ltd, 1987.

Diffily, Deborah and Morrison, Kathy, Editors.

Family-Friendly Communication for

Early Childhood Programs. Washington,

D.C.: National Association of the

Education of Young Children, 1996.

Hull, Karla. Safe Passages. Dawn Sign Press,

1986

Kendrick, Abby Shapiro, Roxane Kaufmann and

Katherine P. Messenger. Healthy Young

Children: A Manual for Programs.

Washington, DC: National Association

for the Education of Young Children,

1995.

Khol, Mary Ann. Preschool Art: It’s the Process

Not the Product. Gryphon House, 1994.

Khol, Mary Ann. Scribble Art: Independent

Creative Art Experiences for Children.

Bright Ring Publishers, 1994.

Marotz, Lynn, Marie Cross and Jeanettia Rush.

Health, Safety and Nutrition for the

Young Child. Albany, NY: Delmar

Publishers, Inc., 1989.

New York State Office of Children and Family

Services. Summary Guide for Mandated

Reporters. Publication #1159 revised

08/02. Available on the internet at

www.ocfs.state.ny.us/main/cps/Pub11

59.pdf

Rivkin, Mary. The Great Outdoors. Washington,

DC: National Association for the

Education of Young Children, 1995.

Shelov, M.D., F.A.A.P., Steven P. Caring for

Your Baby and Young Child: The

Complete and Authoritative Guide.

New York: Bantam Books, 1994.

Sobel, Jeffrey. Everybody Wins: 393 Non-

competitive Games for Young Children.

New York: Walker and Company, 1983.

Tamborlane, William (Ed.). The Yale Guide to

Children’s Nutrition. New Haven, CT:

Yale University Press, 1994.

OCFS Publication #4624 (rev. 6/06)