Family Day Care Provider Handbook

rev Apr 2006

New York State Office of Children and Family Services

produced under a contractual agreement by

SUNY Training Strategies Group

Table of Contents

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

Managing and Administering Your Program ................................. 1

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

Conditions and Standards of Your Registration ................................... 3

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

Working with Your Registrar or OCFS Staff .......................................12

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

Working with Alternate Providers and Substitutes in Your Program ........19

Applying to Renew Your Registration...............................................20

Resources..................................................................................23

Providing and Maintaining A Safe Environment Inside and Out ........ 24

Indoor Safety .............................................................................24

Outdoor Safety ...........................................................................31

Barriers ....................................................................................32

Safety Tools ..............................................................................34

Maintaining Program Capacity .......................................................35

Providing Competent Direct Supervision ...........................................37

Visitors to the Program ................................................................41

Transportation...........................................................................43

Pools ........................................................................................44

Pesticide Application ...................................................................47

Resources..................................................................................49

Fire Protection and Non-Medical Emergencies ............................ 50

Essential Inspections....................................................................50

Smoke Detectors and Fire Extinguishers ...........................................50

Evacuations ...............................................................................53

Notifying Local Authorities............................................................58

Resources..................................................................................58

Protecting and Promoting Children’s Health...............................60

Children’s Health History..............................................................60

Immunizations and Lead Screening ..................................................60

Health Care Plans........................................................................64

Daily Health Check ......................................................................67

Illness and Planning for Medical Emergencies.....................................68

Administering Medication..............................................................70

Resources..................................................................................72

Reporting Child Abuse and Maltreatment................................... 73

The Role of Mandated Reporters ....................................................73

Indicators of Possible Abuse or Maltreatment ....................................75

Making A Report .........................................................................76

Teaching Children About Personal Safety..........................................77

Resources..................................................................................79

Preventing the Spread of Germs.............................................. 80

Hand Washing and Personal Hygiene................................................80

Diapering and Toileting ................................................................82

Cleaning Routines........................................................................84

Safety Precautions Related to Blood................................................85

Resources..................................................................................82

Programming that Supports Growth and Development ..................88

Multi-age Grouping ......................................................................88

Providing Appropriate Experiences, Activities and Materials ................84

Napping, Resting and Sleeping .......................................................96

Discipline ..................................................................................98

Resources................................................................................ 106

Offering Healthy Food ........................................................ 107

Meals and Snacks ...................................................................... 107

Sanitation and Eating Utensils ..................................................... 111

Feeding Infants......................................................................... 112

Resources................................................................................ 115

Working with Families ........................................................ 115

Communication......................................................................... 115

Enrolling Children ..................................................................... 117

Enrolling Infants Younger Than Six Weeks....................................... 120

Children with Special Needs......................................................... 121

Offering Support ....................................................................... 122

Relationships Between Families.................................................... 123

Supervision When Parents Are Present ........................................... 124

Using Surveillance Cameras ......................................................... 125

Resources................................................................................ 126

Growing as a Professional.................................................... 127

Training.................................................................................. 127

Professional Associations and Organizations ................................... 129

Keeping Track of Your Professional Growth .................................... 130

Resources................................................................................ 131

Appendix ........................................................................ 132

How Many Children May a Family Day Care Provider Care For? ............ 133

Instructions for Doing a Daily Health Check ..................................... 134

Hand Washing .......................................................................... 135

Cleaning and Sanitizing .............................................................. 136

Using Disposable Medical Gloves................................................... 137

Recommended Procedure for Changing a Diaper ............................... 138

Recommended Procedure for Cleaning and Sanitizing Potty Chairs ....... 139

Safety Precautions Relating to Blood ............................................. 140

Sample Emergency Telephone Numbers .......................................... 141

First Aid Kit Recommended Items.................................................. 143

OCFS Regional Offices ................................................................ 144

State Agencies and Organizations ................................................. 145

National Organizations............................................................... 146

County Health Departments......................................................... 147

Books and Publications ............................................................... 148

Family Day Care Provider Handbook – Introduction Page i

Introduction rev Apr 2006

Introduction

As a 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 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 family day care regulations.

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

• Part 417 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) regional

office of OCFS 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 Family Day Care Provider Handbook

rev Apr 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.

417.5 (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 as of the date

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. A group of registered family day care providers also offered helpful feedback and

comments.

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

Family Day Care Provider Handbook Page 1

Managing and Administering Your Program rev Apr 2006

Managing and Administering Your Program

As a registered 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 family day care. These laws and

regulations are enforced by the New York State Office of Children and

Family Services (OCFS). 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 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 registered family day care providers. We will explore what a family day care

program is, including the standards and conditions you must meet as a registered family day care

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

or other OCFS licensing staff. This section will also address some issues you should know about as a

business owner and renewing your license.

What is a Family Day Care Program?

Your registered family day care program will be a busy place!

You will generally care for between 5 and 7* children in your

home depending on the maximum capacity for your program.

You will plan for and carry out a program everyday to ensure

children are safe and have opportunities for fun and

appropriate learning experiences.

* These numbers reflect the three to six children

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

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

capacity with the additional school-age children. See

the chart titled, “How Many Children May a Family

Day Care Provider Care For” on page 133 in the

appendix.

Your home must have enough room for children to safely eat,

play and conduct quiet activities like napping and doing

homework. Outside the home, there must be enough space

and opportunities for all children to join in safe active

413.2 (i) 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 three to

six children for compensation or

otherwise, except as provided below. The

name, description or form of the entity

which operates a family day care home

does not affect its status as a family day

care home.

413.2 (i)(1) Age of children: A 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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rev Apr 2006 Managing and Administering Your Program

outdoor play and explore their environment. You 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 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 manage money, maintain necessary files and keep

your home in good repair. You will understand how much

families will depend on you to keep your program running.

• You may also be part of a family.

You should understand that your family day care program

affects others living in your home. Your family should be

willing to share you and your house with the children and

families in your program.

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.

Family Day Care Provider Handbook Page 3

Managing and Administering Your Program rev Apr 2006

Conditions and Standards of Your Registration

Your registration is issued to you only after OCFS has

determined that your program is in compliance with laws and

New York State Family Day Care regulations. Your

registration is in effect for two years, unless OCFS

determines that you have not followed the regulations or

related laws. When you apply for your registration, you agree

to meet the conditions of keeping your registration. Be sure

you know the regulations and have copies ready to share

with parents.

You must display your registration 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” portion later in this section of the Handbook.

Another condition of your registration is that you stay up to

date with OCFS training requirements. Not doing so could

jeopardize the registration for your program. When you

apply to renew your registration, you will need to submit

records of training you have participated in during your

registration period. More details about your training

417.15 (a)(1) Each family day care home

must register with 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 family day

care home unless registered with the

Office;

417.15 (b) Conditions which apply to

family day care registration are as

follows:

417.15 (b)(1) No registration 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;

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

initial registration will be up to two years

and the effective period of any subsequent

registrations will be up to two years, each

so long as the provider remains in

compliance with applicable laws and

regulations during such periods;

417.15 (a)(4) The provisions specified on

the registration are binding and the

family day care home must operate in

compliance with the terms of the

registration. 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

family day care home at any one time;

417.15 (b)(4) Family day care homes

required to be registered 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

417.15 (b)(2)(i) If a provider or alternate

provider has not met the training

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rev Apr 2006 Managing and Administering Your Program

requirements are included in the “Growing as a Professional”

section in this Handbook.

Your registration 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 family day care

home, your registration 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 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 an assistant to work with you.

Neither you nor your assistant may work more than two

consecutive shifts (the full 24 hours) and the children you

enroll cannot be with you for 24 hours or longer at a time.

There are specific times when you must notify your registrar.

These times include:

• any time there is a change of alternate providers;

• any change that affects or will be likely to affect

portions of the building where you have your

program, or portions of the building that may be

used 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 mother-in-law moves into your home; you

become a foster parent; your child turns 18).

• significantly expanding your hours of operation;

requirement specified in section 417.14 of

this Part, a subsequent registration may

be issued for a period of up to one year

following the completion of an acceptable

inspection of the family day care home;

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

limited renewal may be issued in

succession;

417.15 (b)(3) A registration is not

transferable to any other provider or

location;

417.15 (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

registration is sought following the

Office’s revocation of, or denial of an

application to renew, a registration.

417.15 (a)(5) If a 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.

417.15 (a)(12) The 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 emergency; any

change in family composition; and any

other change that would place the home

out of compliance with applicable

regulations;

417.15 (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;

417.15 (a)(11) In selecting alternate

providers subsequent to issuance of a

Family Day Care Provider Handbook Page 5

Managing and Administering Your Program rev Apr 2006

• 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 registration, you will regularly submit

information about your health, the health of anyone working

with you and the health of anyone living in your home. You

will need to document this with health statements when you

apply for and renew your registration. You will also do this if

your family composition changes. In addition, you and the

members of your household must be of good character and

habits.

registration, a provider:

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

immediately in writing when there is any

change of alternate providers;

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

Office within 15 days of the written

notification, an application for any new

alternate provider and the supporting

documentation for the alternate provider.

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

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 ever been convicted of a

misdemeanor or felony in New York State

or any other jurisdiction;

417.11 (b) The provider and alternate

provider must each submit a statement

from a health care provider at the time of

application for registration and renewal

of registration. 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 or

alternate provider which has been

performed within the 12 months

preceding the date of the application.

417.11 (c) The provider must retain on

file in the family day care home a

statement from a health care provider for

each person residing in the 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.

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rev Apr 2006 Managing and Administering Your Program

You and any assistants in your program 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 that works with you, members of your household or

anyone else that comes into your 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 family day care program doesn’t meet these

conditions of your registration, OCFS can deny your renewal

application. If this occurs, you have a right to a fair hearing

when you can explain your situation before a final decision is

made.

417.15 (a)(6) The caregivers and all

members of the household must be in

good health and be of good character and

habits.

417.11 (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.

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

years of age or older begins to reside at

the premises where the family day care

home is located, the provider must within

five days of such person beginning to

reside at the premises:

417.15 (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

417.15 (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.

417.15 (b)(5) Before denial of an

application for registration or renewal of

registration, 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 family day care providers are in place

to better protect the health and safety of children in your

program. As a registered family day care provider, you agree

to abide by these regulations.

Family Day Care Provider Handbook Page 7

Managing and Administering Your Program rev Apr 2006

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 family day care

program but you are not registered. 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 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 in compliance with the regulations is through

inspections. Inspections might be unannounced or you may

be notified ahead of time. As a provider, you have agreed to

allow your 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 registered family day care

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.

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.

417.15 (a)(10) A 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

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rev Apr 2006 Managing and Administering Your Program

provider includes an inspection of your home. The

inspection is done by your registrar, OCFS staff

member or other person designated by OCFS.

• Routine Inspection. By law, 50% of all family day care

programs must be inspected each year. The programs

inspected are chosen at random.

• 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 registrar or

licensor to address 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 spirit 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 an explanation of your request in writing to your

given free access to the building, the

caregivers, the children and any records

of the home. A 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 family day care home

also must cooperate with local Child

Protective Services’ Staff conducting any

investigation of alleged child abuse or

maltreatment;

417.2 (c) Applicants for a registration

may not be issued a registration until an

inspection of the family day care home

has been conducted showing compliance

with the requirements of this Part and the

relevant provisions of the Social Services

Law.

417.2 (e) The Office may grant an

application for renewal of a registration

without conducting an inspection of the

family day care home. If the Office

determines within its discretion that an

inspection is necessary, a renewal of the

registration may not be issued until an

inspection 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

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Managing and Administering Your Program rev Apr 2006

registrar. It must then be approved by the OCFS Regional

Manager BEFORE you may begin to use this approved

alternative way to meet the regulations.

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.

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.

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 recision 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

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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.

Fair Hearings

In each enforcement situation, you are entitled to have a

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

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;

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

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Managing and Administering Your Program rev Apr 2006

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.

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

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 Section 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

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of charges.

Working with Your Registrar or OCFS Staff

Your 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 registrar and other

OCFS staff will work with you to help your program comply

with regulations.

Registrars and OCFS staff will use a variety of skills, tools

and inspection checklists to periodically evaluate your

physical environment and what you do with children. Ask

your registrar 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 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 registrar will take includes closing your program in

order to enforce the regulations and protect the children in

your care. See “Maintaining Compliance and Enforcing the

Regulations” section starting on page 6 in this Handbook for

more information on enforcement issues.

Get to know your registrar. You are both working together to

protect the health and safety and promote the positive

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Managing and Administering Your Program rev Apr 2006

development of each child enrolled in your 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 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 registrar comes to your 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 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

legal capacity; and

• children are supervised appropriately.

Your 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 should be kept in

the day care program area during day care hours so they will

be accessible while you supervise the children.

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:

417.15 (a)(10) A 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 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;

417.15 (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;

417.15 (c) The provider must maintain on

file at the 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:

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

plan, on forms furnished by the Office or

approved equivalents, as required in

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• 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

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 and any alternate

provider 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 providers and substitutes who are

available to care for the children when you 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

section 417.5 of this Part;

417.15 (c)(2) an approved health care

plan as required in section 417.11 of this

Part;

417.15 (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;

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

persons authorized to take the child(ren)

from the family day care home;

417.15 (c)(5) daily attendance records;

417.15 (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;

417.15 (c)(7) health statements for the

provider and alternate provider

completed within the 12 months

preceding the date of the application for

registration or renewal, as required in

section 417.11 of this Part;

417.15 (c)(8) a statement regarding the

health of all persons residing in the

family day care home completed within

the 12 months preceding the date of the

application for renewal, as required in

section 417.11 of this Part;

417.15 (c)(9) a plan of program

activities, as required in section 417.7 of

this Part;

417.15 (c)(12) a list of alternate

providers and substitutes who are

available to care for the children in the

family home when the provider must be

absent;

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Managing and Administering Your Program rev Apr 2006

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

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

and approval performed within 12 months before the date

that your registration 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 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 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 New

York 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.

417.15 (c)(13) documentation of training

sessions attended in accordance with

section 417.14 of this Part;

417.15 (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

417.15 (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 (10) of subdivision (a) and

paragraph (4) of subdivision (d) of

section 417.2 of this Part.

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

approval performed within the 12 months

preceding the date of the application for

registration or renewal by local

authorities of any wood or coal burning

stove, fireplace or permanently installed

gas space heater in use at the home;

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

private water supply,

417.15 (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

registration or renewal of registration,

showing that the water meets standards

for drinking water established by the New

York State Department of Health; or

417.15 (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;

417.15 (c)(14) when the family day care

home is incorporated, the following

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additional documentation:

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

of incorporation and any amendments

thereto;

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

the certificate of incorporation and any

amendments thereto with the Secretary of

State; and

417.15 (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;

Your Family Day Care Business

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

things to consider.

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 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

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Managing and Administering Your Program rev Apr 2006

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 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,

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, www.nysif.com.

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 page 145 of the Appendix in this

Handbook for contact information.

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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 injuries are compensable under this law. You need

to provide OCFS with documents verifying that you have this

coverage. Workers’ compensation insurance can be obtained

from the NYS Workers’ Compensation Board (1-800-353-3092

or www.wcb.state.ny.us) or from a private insurance

company.

• 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. This coverage can

be obtained from the NYS Insurance Fund (www.nysif.com).

• 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

417.15 (a)(1) Each family day care home

must register with 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 family day

care home unless registered with the

Office;

417.2 (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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Managing and Administering Your Program rev Apr 2006

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 page 145 in the Appendix of this

Handbook for contact information.

Knowing about the laws and regulations that affect you if

you choose to become an employer is vitally important to

maintaining a successful business. You can get additional

information regarding employment law by contacting the NY

Loves Small Business website at www.nylovessmallbiz.com,

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 on page 145 in the Appendix of this Handbook.

Working with Alternate Providers and Substitutes in Your Program

As a registered family day care provider, you have agreed to

be the primary caregiver for the children in your care. You

have also agreed to ensure that the children in your care will

always be supervised by a competent caregiver who is at

least 18 years old and has been approved by OCFS. This

enhances the trusting relationship you 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.

There may be times when you need to be absent from the

program. In these situations, you may use other adults to

care for the children if certain conditions are met. The other

adults are either alternate providers or substitutes. Make

sure you notify parents when you will use an alternate

provider or substitute. If no alternate provider or substitute

is available, then you may not provide care.

Alternate providers must be included on your application,

417.8 (a) Children cannot be left without

competent supervision at any time. The

provider must have direct visual contact

with the children at all times except as

follows: (417.8 (a)(1)-(4)

417.8 (b) No person under 18 years of

age can be left in sole charge of the

children at any time.

417.8 (c) The provider must be the

primary caregiver of children in a family

day care home.

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

recurring absences, a substitute or

alternate provider may care for children

in place of the provider. If no substitute

or alternate provider is available, care

may not be provided and parents must be

notified that care at the family day care

home will not be available. Parents must

be notified when a substitute or alternate

provider will be caring for the children.

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

non-recurring absences, only an alternate

provider may care for the children in

place of the provider.

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have background checks, which includes a State Central

criminal history review with fingerprinting, and must meet

the Staff Qualifications and Training requirements that are in

the regulations. Substitutes are used only for emergency

care and must be fingerprinted and be cleared with the State

Central Register for Child Abuse and Maltreatment.

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

find alternate providers and substitutes. For example, one

person might agree to be the alternate provider for both

your program and for another program.

413.2 (ad) Substitute means any person

who has been selected by the provider to

provide child day care to children in a

family or group family day care home or

small day care center during short-term,

non-recurring absences of the day care

provider or assistant.

413.2 (ag) Alternate provider means an

individual who provides child day care in

a family day care home or small day care

center in the absence of the provider. The

alternate provider must meet the same

qualifications as the provider.

Applying to Renew Your Registration

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

Day Care Registration application is on file and is accessible

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

registration is in effect for two years, and then it must be

renewed. That renewal doesn’t happen automatically. In

order to renew your registration, you must fulfill very

specific responsibilities and complete an application for

renewal of your registration. 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 registration expires. You must send this

completed application and required documents to your

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 registration.

417.2 (d) Applicants for renewal of

registration must submit to the Office at

least 60 days in advance of the expiration

date of the registration the following:

417.2 (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

family day care home in conformity with

applicable laws and regulations;

417.2 (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;

417.2 (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;

417.2 (d)(6) health statements for the

provider and any alternate provider

completed within the 12 months

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Managing and Administering Your Program rev Apr 2006

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

family day care home completed within the 12

months 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;

• proof that you have met the training requirements

during the licensing period; and

• a completed home safety checklist.

preceding the date of the application for

renewal, as required in section 417.11 of

this Part;

417.2 (d)(7) a statement regarding the

health of all persons residing in the

family day care home completed within

the 12 months preceding the date of

application for renewal, as required in

section 417.11 of this Part;

417.2 (d)(4) certification, on forms

provided by the Office, that the dwelling,

its property and premises, and the

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;

417.2 (d)(5) a statement from the

appropriate local official or authority

that the dwelling standards for sanitation

and safety, where the Office notifies the

applicant that such a statement is

required;

417.2 (d)(8) where a provider uses a

private water supply,

417.2 (d)(8)(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

Page 22 Family Day Care Provider Handbook

rev Apr 2006 Managing and Administering Your Program

Be prepared to renew your registration when the renewal

application comes. Give yourself plenty of time and plan

ahead. Use a calendar and map out when you are going to

complete all the tasks you need to accomplish before the

next renewal in two years.

Planning how and when you 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

starting on page 127 in this Handbook.

Keep in touch with your registrar throughout your renewal

process. He or she can be an invaluable resource to you 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 you are unsure about. You can also ask your 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 registration.

After evaluating your application to renew your registration,

if OCFS determines that your program meets the standards

and conditions of registration, you will receive a letter and

your new registration in the mail. Information about the

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

obtained from your registrar or OCFS Regional Office (see

page 145 in the Appendix).

standards for drinking water established

by the New York State Department of

Health; or

417.2 (d)(8)(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;

417.2 (d)(9) 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;

417.2 (d)(10) documentation showing

compliance with the training

requirements of section 417.14 of this

Part; and

417.2 (d)(11) a completed home safety

checklist covering fire and building

safety, on forms furnished by the Office or

approved equivalents.

417.2 (e) The Office may grant an

application for renewal of a registration

without conducting an inspection of the

family day care home. If the Office

determines within its discretion that an

inspection is necessary, a renewal of the

registration may not be issued until an

inspection has been conducted showing

compliance with the requirements of this

Part and the relevant provisions of the

Social Services Law.

417.15 (b)(5) Before denial of an

application of registration or renewal of

registration, the provider is entitled to a

hearing before the Office pursuant to

Part 413 of this Title.

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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

Page 24 Family Day Care Provider Handbook

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

Providing and Maintaining A Safe Environment Inside and Out

One of your most important jobs as a registered 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. You can prevent many injuries and accidents by regularly and

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 in your care. If

you need assistance obtaining health and safety equipment, contact your registrar to find out if 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 many of the things you 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, transportation safety,

limited use of pools 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 before opening or before children

arrive each morning, so you can give your full attention to

examine the areas children use everyday.

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

different furniture, equipment, toys and of course, children!

And each space has safety hazards that you 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

417.5 (a) Suitable precautions must be

taken to eliminate all conditions in areas

accessible to children which pose a safety

hazard.

417.3 (a) Each applicant must submit to

the Office at the time of application for

registration a diagram of the proposed

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.

417.3 (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.

417.3 (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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Providing and Maintaining a Safe Environment Inside and Out rev Apr 2006

each child in 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 has been shown to 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.

417.3 (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 provided, 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, nor 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.

417.3 (d) Stackable cribs are prohibited.

417.3 (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.

417.3 (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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rev Apr 2006 Providing and Maintaining a Safe Environment Inside and Out

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

located? Think about how you 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 heater 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 registration. However, the water supply can also be

417.3 (i) A bathroom not more than one

floor level away from the program area

must be accessible to children.

417.3 (j) All toilets and potty chairs must

be located in rooms separate from those

used for cooking, playing, sleeping or

eating.

417.3 (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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Providing and Maintaining a Safe Environment Inside and Out rev Apr 2006

contaminated by storm runoff, 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 the “Protecting and

Promoting Children’s Health” section on page 60 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 registrar or licensing office to

find out how these changes will affect your family day care

registration.

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.

417.3 (l) All buildings used for family day

care homes must remain in compliance

with the applicable provisions of the New

York State Uniform Fire Prevention and

Building Code.

417.5 (d) Radiators and pipes located in

rooms occupied by children must be

covered to protect the children from

injury.

417.5 (i) Protective caps, covers or

permanently installed obstructive devices

must be used on all electrical outlets that

are accessible to children.

417.5 (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.

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

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

all emergency phone numbers posted next to every phone in

your home.

In any 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,

417.5 (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

toys and objects small enough for

children to swallow.

417.5 (n) Materials and play equipment

used by the children must be sturdy and

free from rough edges and sharp corners.

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

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.

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 be 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 in this Handbook

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 windows with clear

glass panels make sure they are marked with decals or in a

way that people can see that they are glass.

417.5 (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.

417.5 (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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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 this Handbook for

additional 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 don’t cover all types of pets; be sure

to check with your insurance company.

Remember that your 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 registrar

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

through health and safety grants.

417.5 (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.

417.5 (k) Indoor and outdoor plants

which are hazardous to children must not

be accessible to the children.

417.5 (l) Any pet or animal kept indoors

or outdoors at the 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.

Family Day Care Provider Handbook Page 31

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

Outdoor Safety

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

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 parents practically

dragged you home. You probably didn’t give a thought to

whether 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 registered family day care program,

you must consider these issues. You are now responsible for

the safety of the 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 in good condition, 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 as part of a spring cleaning

routine.

417.5 (a) Suitable precautions must be

taken to eliminate all conditions in areas

accessible to children which pose a safety

hazard.

417.3 (h) Each home must have access to

outdoor space which is adequate for

active play.

417.5 (n) Materials and play equipment

used by the children must be sturdy and

free from rough edges and sharp corners.

417.5 (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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rev Apr 2006 Providing and Maintaining a Safe Environment Inside and Out

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 child. And, what is safe for one four

year old might not be 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, fine gravel. You can get additional

resources through the Consumer Product Safety Commission

listed in the Appendix in this Handbook. They can be

reached toll-free at 1-800-638-2772 or at www.CPSC.gov.

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.

417.5 (k) Indoor and outdoor plants

which are hazardous to children must not

be accessible to the children.

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.

417.5 (f)(2) Each 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.

417.5 (d) Radiators and pipes located in

rooms occupied by children must be

covered to protect the children from

injury.

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

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 covers that are choke-proof or can only be removed by

following several steps that would be very difficult for

children to do.

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.

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.” Pools, ponds and other bodies of water will need

to have a four-foot high fence with a lock at least four feet

off 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 with the cost of installing fencing

around bodies of water. Be sure to talk with your registrar to

417.5 (i) Protective caps, covers or

permanently installed obstructive devices

must be used on all electrical outlets that

are accessible to children.

417.5 (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.

417.5 (f)(1) Each family day care

provider must ensure that barriers exist

to prevent children from gaining access

to any swimming pool, drainage ditches,

wells, ponds or other bodies of open

water located on or adjacent to the

property where the 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.

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

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. If care is provided on any floor above the first floor,

window guards which prevent children from falling out of

windows are also required on the windows on those floors.

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 registrar 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 registrar or local child care council staff to find out

about funding that may be available.

417.5 (p) Clear glass panels must be

marked clearly to avoid accidental

impact. Glass in outside windows less

than 32 inches above floor level must be

of safety grade or otherwise protected by

use of barriers to avoid accidental

impact.

417.5 (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 share information, get updates on their

child’s day or notify you of any changes in their schedules. In

addition, your registrar or other OCFS staff 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 and local governments when you

417.5 (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 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.

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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 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.

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.

417.5 (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.

417.11 (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.

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 who can be

413.2 (i) 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 three to

six children for compensation or

otherwise, except as provided below. The

name, description or form of the entity

which operates a family day care home

does not affect its status as a family day

care home.

413.2 (i)(1) Age of children: A family day

care home may provide care for children

six weeks through 12 years of age; for

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

on the ages of the children in your care. Your own children

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

a higher grade.

You are allowed:

• Up to 6 children if all children are over the age of

two years old.

• Up to 5 children if any child is under the age of two

years old. You cannot have more than 2 children that

are younger than two years old.

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.

These limits are the maximum capacity limits for programs

and not all programs operate at maximum capacity. If your

registrar determines that you cannot adequately care for the

maximum number of children, your capacity may be fewer

children. In addition, you may choose to care for fewer

children.

Here is an example of a program complying with maximum

capacity regulations. You have one child who is less than two

years old. All other children are older than two. You have an

additional two school-age children and your maximum

capacity is 7. The 5 younger children come to your program

Monday through Friday from 7:30 am – 6:00 pm. The school-

age children get off the bus at your home and are in your

care from 3:15 pm – 6:00 pm. So, you have 5 children in your

care from 7:30 am – 3:15. You have 7 children (5 younger

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 (i)(2) Maximum capacity means the

maximum number of children authorized

to be present at any one time as specified

on the family day care registration.

413.2 (i)(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.

413.2 (i)(2)(ii) No more than two children

under the age of two may be cared for at

any one time.

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

less than two years of age is present, the

maximum capacity is five, except as

provided in subparagraph (v) of this

paragraph.

413.2 (i)(2)(iv) When all children present

are at least two years of age, maximum

capacity is six, except as provided in

subparagraph (v) of this paragraph.

413.2 (i)(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. The

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children + 2 school-agers = 7) from 3:15 – 6:00 pm.

Here is another example. Let’s say all the children in your

program are over the age of two and your maximum capacity

is 6 children. Five children come Monday through Friday

(Anthony, Bashi, Connor, Deke and Ella). Mikayla comes only

on Monday and Tuesday. Peter comes only on Wednesday,

Thursday and Friday. These two children are never in the

program at the same time. On Monday and Tuesday you have

6 children (5+Mikayla), on Wednesday, Thursday and Friday

you have 6 children (5+Peter). So, you have a total of 7

children enrolled in your program and are never over your

maximum capacity of 6 children.

Understanding how many children you are allowed to care

for can be confusing. Your registrar 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 in your care can also be the basis

of enforcement action taken by OCFS.

If you are unsure about how the program capacity for your

family day care program is determined, talk with your

registrar.

registration for such capacity for

additional school-age children may not

be issued until the Office inspects the

home to determine whether the provider

can adequately care for seven or eight

children.

Providing Competent Direct Supervision

When you became a registered family day care provider, you

agreed to reduce risks and prevent harm to the children in

your care. Providing competent, direct supervision is one of

the most important things you 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.

417.8 (a) Children cannot be left without

competent supervision at any time. The

provider must have direct visual contact

with the children at all times except as

follows:

417.8 (a)(1) With the prior written

permission of the parent, children may

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In order to assess the children and the situation, you 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 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 will need to take each

child’s skills and abilities into consideration when deciding if

a situation is safe for a child.

There are some specific situations when children are allowed

to be out of your 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;

• children using a bathroom (only when they are able

to do so independently); and

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

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 napping or sleeping 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 written permission

to do so from every parent of a child

receiving evening or night care in the

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.

417.15 (a) (16) The indoor and outdoor

areas of the home where children are

being care for must not be used for any

other business or social purpose when

children are present such that the

attention of the caregiver is diverted from

the care of the children.

417.8 (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.

417.8 (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 family day care home.

The caregiver must physically check such

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written permission from parents.

In each of these situations, you must provide additional types

of supervision including frequent visual checks. You will need

to carefully consider how you 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’ll 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 will respond to a child’s needs or to an

emergency if you are also sleeping. Consider how deeply you

sleep and how well you will hear children during the night.

Plan where children will sleep and where you will sleep. And,

before you sleep at the same time as 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 him or herself;

• flush the toilet; and

• wash hands.

Think about how you will keep children safe if you allow

children every 15 minutes.

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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 your 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 can assess the

children’s behavior and respond quickly to an unsafe

situation when children are sleeping, using the bathroom or

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

417.8 (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 family day care home.

The caregiver must physically check such

children every 15 minutes.

417.8 (d) 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.

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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 passwords 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 state and federal laws and

OCFS regulations;

• do not install cameras in bathroom or diaper

changing areas; and

• allow OCFS staff viewing privileges.

417.8 (f) Surveillance cameras may not

be used as a substitute for competent

direct supervision of children

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

children receiving care in a 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

alternate providers, assistants and

employees of the family day care home

must also be informed if video

surveillance cameras will be used for this

purpose.

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

children enrolled in the family day care

home and all alternate providers,

assistants and employees of the family

day care home must be made aware of the

locations of all video surveillance

cameras used at the family day care

home.

417.15 (a)(9)(ii)(c) 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.

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

cameras may not be used as a substitute

for competent direct supervision of

children.

417.15 (a)(9)(ii)(e) 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

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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.

417.15 (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.

417.15 (a)(9)(ii)(g) 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.

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 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

417.8 (e) Visitor control procedures.

417.8 (e)(1) Each family day care home

shall require any and all visitors to the

home to:

417.8 (e)(1)(i) sign in upon entry to the

premises;

417.8 (e)(1)(ii) indicate in writing the

date of the visit and the time of entry to

the home;

417.8 (e)(1)(iii) clearly state in writing

the purpose of the visit; and

417.8 (e)(1)(iv) sign out upon departure

from the home indicating in writing the

time of departure.

417.8 (e)(2) Each 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

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• 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 registrar

or OCFS staff.

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 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 further away. Let parents

know your plans and get their written permission.

Transporting children in a motor vehicle such as your

personal car or on a public bus requires some careful

planning and consideration. For example, you must make

sure children are secured in appropriate safety seats or by

417.6 (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.

417.6 (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

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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. Consider alternatives, such as

bringing community resources into your program. Most auto

insurance policies don’t cover children in a provider’s child

care 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

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 an 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.

where such transportation is provided or

arranged for by the provider.

417.6 (e) Any motor vehicle, other than a

public form of transportation, used to

transport children in care at the 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.

417.6 (b) A caregiver or volunteer must

never leave a child unattended in any

motor vehicle or other form of

transportation.

417.6 (c) Each child must board or leave

a vehicle from the curb side of the street.

417.11 (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

417.5 (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

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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.

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

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.

417.5 (g)(2) To receive approval from the

Office of the use of a non-public or

residential pool, a provider must:

417.5 (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 417.8 of this

Part;

417.5 (g)(2)(ii) submit documentation

acceptable to the Office demonstrating

that consistent, safe and adequate water

quality of the pool will be maintained;

and

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

safety plan acceptable to the Office that

sets forth adequate safety standards for

use of the pool.

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.

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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 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 or

similar organization. You’ll also need to decide in advance

how you 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 alternative provider or assistant. This

supervision plan must be approved by OCFS.

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

417.5 (g)(3) Providers must obtain prior

written permission from the parent for

their child to use the pool. Permission

notes must include the following:

417.5 (g)(3)(i) Name and age of the child;

417.5 (g)(3)(ii) Address where the pool is

located;

417.5 (g)(3)(iii) The depth of the pool at

its deepest point;

417.5 (g)(3)(iv) Dates or months the child

is permitted to swim in the pool; and

417.5 (g)(3)(v) Signature of parent and

date signed.

417.8 (a)(4) With the prior written

permission of the parents, providers

meeting the requirements of subdivision

(g) of section 417.5 of this Part may allow

children in day care to participate in

residential pool activities providing the

following supervision criteria are met:

417.8 (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.

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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 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’ll 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.

Many experienced providers bring an extra adult to be sure

children are supervised.

Remember, pools are only one way to beat the heat. There

are plenty of safer 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.

417.8 (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.

417.5 (g)(4) A trained person as

described in paragraph (4) of subdivision

(a) of section 417.8 of this Part must be

present at the pool whenever the pool is

in use by day care children.

417.5 (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.

417.5 (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

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

417.11 (r)(4)(i) Any application of

pesticides (as the term pesticide is defined

in section 33-0101 of 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.

417.11 (r)(4)(ii) In addition to the

requirements of section 390-c of the

Social Services Law, each day care

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

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 made due to weather conditions;

• the name of the product and EPA pesticide

registration number;

• 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

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:

417.11 (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;

417.11 (r)(4)(ii)(b) the pesticide product

name and pesticide registration number

assigned by the United States

Environmental Protection Agency;

417.11 (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 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

417.11 (r)(4)(ii)(d) the name of a

representative of the day care facility and

contact number for additional

information.

417.11 (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

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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, follow the procedure above

and apply them or have them applied on Friday after day

care hours if no day care is performed on weekends.

There are many natural alternatives to pesticide application.

Your local Cooperative Extension office can often suggest

less harmful products.

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.

417.11 (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.

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

Page 50 Family Day Care Provider Handbook

rev Apr 2006 Fire Protection and Non-Medical Emergencies

Fire Protection and Non-Medical Emergencies

Fire and other non-medical emergencies can strike at any moment. And because of

the nature of disasters, you will never know when, where, or how they will strike.

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 most effective 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 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 registration. See the “Managing and

417.4 (a) Suitable precautions must be

taken to eliminate all conditions which

may contribute to or create a fire hazard.

417.4 (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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Fire Protection and Non-Medical Emergencies rev Apr 2006

417.5 (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.

417.4 (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.

Administering Your Program” section on page 1 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!

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 time to change the batteries in your smoke

detector.

417.4 (c) Operating smoke detectors must

be used in all 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 your smoke detector is 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 registrar or OCFS Regional 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.

417.4 (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 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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Fire Protection and Non-Medical Emergencies rev Apr 2006

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 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 to do is immediately evacuate all of the children. Fires

spread so rapidly that you may have only 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 will need

to evacuate children quickly, calmly and safely. Planning,

preparation, and practice are the essential ingredients of any

successful emergency evacuation plan.

Responding quickly to emergencies can prevent injuries and

save lives.

Writing down your evacuation plan helps you be prepared to

get all the children out of your home quickly and safely. You

must 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,

the meeting place after evacuating and how you will

417.5 (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:

417.5 (b)(1) how children and adults will

be made aware of an emergency;

417.5 (b)(2) primary and secondary

evacuation routes;

417.5 (b)(3) methods of evacuation,

including where children and adults will

meet after evacuating the home, and how

attendance will be taken; and

417.5 (b)(4) notification of authorities

and the children’s parents.

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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 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 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. See the “Providing and Maintaining a Safe

Environment Inside and Out” section on page 24 in this

Handbook for more information.

If you provide care primarily on the second floor of your

home, one pathway or “means of egress” from the second

floor must be either a stairway inside your home that leads

417.4 (e) Children must be located on the

same floor of the family day care home as

a caregiver at all times, except as

specified in section 417.8 of this Part.

Children must not be located above the

second floor of a single family dwelling.

417.4 (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.

417.4 (f)(1) When care is provided

primarily on the first floor of a 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.

417.4 (f)(2) When care is provided

primarily on the second floor of a 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

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Fire Protection and Non-Medical Emergencies rev Apr 2006

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 evacuation routes.

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 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 have difficulty

fitting through the window and you care for children that

need to be carried, this pathway is not suitable for the

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 I 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

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. That way, you prevent dirt

from coming into your home and protect feet from injuries

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.

417.4 (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.

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during an evacuation.

Another important part of your evacuation plan will include

where you 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 who 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 are also going to need a clear plan for notifying the

appropriate authorities and the children’s parents when you

have evacuated your home. Make sure parents know how to

reach you if you are away from your program during an

evacuation. Give them phone numbers of your meeting place

and cell phone. Page 141 in the Appendix of this Handbook

includes a sample emergency telephone numbers list that

you may want to use to develop your own list of emergency

numbers.

You can use a cell phone that you can bring with you or use

the call box in your neighborhood to call 911. All areas in

New York State have a 911 system in place. It is also a good

idea to have the regular phone numbers used to call the

local fire or police department in case 911 is not working

417.5 (b)(3) methods of evacuation,

including where children and adults will

meet after evacuating the home, and how

attendance will be taken; and

417.5 (b)(4) notification of authorities

and the children’s parents.

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when you need it most. If you are going to rely on a cell

phone, it’s critical that you keep the battery charged.

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

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 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

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rev Apr 2006 Fire Protection and Non-Medical Emergencies

to keep everyone informed of the changes. Depending on

your specific situation, this might include your registrar,

parents, your substitutes and alternate providers as well as

the children.

Now that you have your evacuation plan in place, it’s time

for you and the children to practice so they will be ready in

case there is an emergency. You must have an evacuation

drill once a month during the time when children are

attending your program. 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.

417.4 (b) Evacuation drills must be

conducted at least monthly during the

hours of operation of the 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 registration and mail it to

your local emergency responders within five days of

receiving your registration. 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

417.15 (a)(18)(i) Within five days after

receiving the initial registration 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 family day

care home is located of the following:

417.15 (a)(18)(i)(a) the address of the

family day care home;

417.15 (a) 18)(i)(b) the maximum

capacity of the family day care home;

417.15 (a)(18)(i)(c) the age range of

children that will be in care; and

417.15 (a)(18)(i)(d) the hours during

which children will be in care.

417.15 (a)(18)(ii) If the local municipality

does not have a police or fire department,

the sheriff of the county within which the

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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Fire Protection and Non-Medical Emergencies rev Apr 2006

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.

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 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.

417.15 (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

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 60 Family Day Care Provider Handbook

rev Apr 2006 Protecting and Promoting Children’s Health

Protecting and Promoting Children’s Health

Protecting and promoting the health of the children in your 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 provide care.

This responsibility also includes 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 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 determine the course of action

to take in collaboration with parents to keep children

healthy.

Health status information you 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

• a statement from the health care provider

417.11 (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

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Protecting and Promoting Children’s Health rev Apr 2006

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

family day care home.

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.

417.11 (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

417.11 (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,

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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 state

www.health.state.ny.us or from your county health

department. A list of county 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

families may be eligible for Child Health Plus or Family

and the parent gives the provider specific

appointment dates for subsequent

immunizations.

417.11(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.

417.11 (e)(4) With the exception of

children meeting the criteria of

paragraphs (2) or (3) of this subdivision,

children enrolled in the 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.

417.11 (e)(5) The caregiver’s children

receiving care in the home must meet the

health and immunization requirements

specified above.

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Protecting and Promoting Children’s Health rev Apr 2006

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 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.

417.11 (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.

417.11 (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.

417.11 (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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rev Apr 2006 Protecting and Promoting Children’s Health

You must 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 Department of Health. A list of state and

local departments is included on page 147 in the Appendix of

this Handbook.

Health Care Plans

Another way to respond to children’s health needs is to

develop a plan of action that will prepare you 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 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;

417.11 (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:

417.11 (a)(1) how a daily health check of

each child for any indication of illness,

injury, abuse or maltreatment will be

conducted;

417.11 (a)(2) how a record of each

child’s illnesses, injuries and signs of

abuse or maltreatment will be

maintained;

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Protecting and Promoting Children’s Health rev Apr 2006

• 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

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 :

417.11 (a)(3) how professional assistance

will be obtained in emergencies; and

417.11 (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.

417.11 (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 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;

417.11 (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

417.11(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.

417.11(f)(2) Where a provider or

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rev Apr 2006 Protecting and Promoting Children’s Health

• 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 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 includes: In

addition, if your own children are enrolled in the

program, you can give them medication without training.

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.

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.

417.11(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

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 417.11(j)(5) –

417.11(j)(17)

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rev Apr 2006 Protecting and Promoting Children’s Health

Handbook or your registar.

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:

• Hand washing 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

Family Day Care Provider Handbook Page 73

Reporting Child Abuse and Maltreatment rev Apr 2006

Reporting Child Abuse and Maltreatment

It is often difficult to talk or even think about child abuse and

maltreatment. However, as a registered family day care provider, you are a

‘mandated reporter’ 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 registered family day care program, children must never

be abused or maltreated when they are in your care. You are

responsible to see that you and any other adults that care for

children in your program do not harm a child.

As a family day care provider, you and any alternate

caregivers working with you are 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 may be the

only person to report 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.

417.10 (a) Any abuse or maltreatment of

a child, either as an incident of discipline

or otherwise, is prohibited. A 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.

417.10 (b) In accordance with the

provisions of sections 413 and 415 of the

Social Services Law, the family day care

provider, alternate 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 capacity as a

provider of 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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rev Apr 2006 Reporting Child Abuse and Maltreatment

A report is made to the SCR hotline when an individual has a

“reasonable cause to suspect” that a child has been abused

or maltreated. Reasonable cause to suspect means that you

believe, based on your observations or knowledge of the

child, that the child is suffering abuse or maltreatment. A

mandated reporter must call and make a report if he or she

suspects that a child is suffering abuse or maltreatment.

Mandated reporters must report suspected abuse or

maltreatment even when the situation involves you 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 are obligated to report anyone

working in your program that you suspect may have abused

or maltreated a child. If they suspect that you have abused

or maltreated a child, they have the same obligation to

report you.

Resources are available to help you understand your role as a

mandated reporter. Your registrar can help. You 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 by

contacting your OCFS Regional Office listed on page 144 in

the Appendix of this Handbook.

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. Download this brochure from

the OCFS website (www.ocfs.state.ny.us) or ask your

registrar.

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Reporting Child Abuse and Maltreatment rev Apr 2006

If you have any questions about your role as a mandated

reporter or the process to report possible abuse, talk with

your registrar. This is an important responsibility and can

make the difference between life and death.

Indicators of Possible Abuse or Maltreatment

Your 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

417.11 (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

followed by the caregivers and must

describe the following:

417.11 (a)(1) how a daily health check of

each child for any indication of illness,

injury, abuse or maltreatment will be

conducted;

417.11 (a)(2) how a record of each

child’s illnesses, injuries and signs of

abuse or maltreatment will be

maintained;

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rev Apr 2006 Reporting Child Abuse and Maltreatment

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.

As registered family day care provider, you are required to

obtain training specific to Shaken Baby Syndrome every two-

year registration period. Information on training in this topic

can be obtained by contacting your registrar or online at

www.tsg.suny.edu. If you suspect a child is a victim of

Shaken Baby Syndrome, you must make a report to SCR.

Making A Report

There is a special number for mandated reporters such as

yourself to call the SCR to report suspected child abuse and

maltreatment. It is 1-800-635-1522. Once you call 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” and can be obtained of

the OCFS website: www.ocfs.state.ny.us or by contacting

your registrar.

Sometimes SCR staff may tell you that they believe that

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Reporting Child Abuse and Maltreatment rev Apr 2006

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 SCR. Include the following documentation

in your 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 support children’s personal safety skills when you help

417.7 (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.

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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

• apply basic safety rules.

On a day to day basis this means that you respond to the

cries, concerns, and feelings of children of all ages; you,

your alternate caregiver and the children respect each

child’s need for personal space; and you and your alternate

caregiver 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 him. 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 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

Family Day Care Provider Handbook Page 79

Reporting Child Abuse and Maltreatment rev Apr 2006

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 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.

Also, make sure you communicate to the children in your

program 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

Page 80 Family Day Care Provider Handbook

rev Apr 2006 Preventing the Spread of Germs

Preventing the Spread of Germs

Once you have children enrolled in your family day care program, keeping children

healthy means being 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 in your care. You’re not only getting each child’s germs, but

you’re also being exposed to the germs of every other person with whom the child

has contact! 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 hand washing 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.

Hand Washing and Personal Hygiene

The number one way you reduce the spread of germs is

frequently and properly washing your hands and the

children’s hands. In fact, hand washing is so important that

the regulations identify specific times that big and little

hands need to be washed!

Be sure to wash your hands and the children’s hands at the

times listed below:

• 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;

417.11 (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.

417.11 (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.

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• after contact with any bodily secretion or fluid; and

• after coming in from outdoors.

If you’re thinking that you wash your hands a lot, you’re

right! Having hand lotion or moisturizer readily available to

rub into your hands after hand washing is a good idea. Hand

lotion will help to keep your skin from becoming dry and

chapped.

Frequent hand washing 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 hand washing in the Appendix of this

Handbook.

Children will need your help with hand washing. They need

you to model proper hand washing in a sink with soap and

running water. Hang up a poster close to the sink that uses

pictures to show each step of the hand washing procedure to

help children do it themselves. However, children still may

need you 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

a covered trash can 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 hand washing 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

hand washing using running water and soap. Gels and wipes

may be used in situations where running water and soap are

not available. As soon as you can, hands must be washed in

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.

417.11 (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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running water with soap. Also, it’s important to know that

many of these hand washing 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. Put these agreements 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

discarded, hand washing and cleaning diapering equipment.

We’ve included a description of the recommended steps to

follow when changing a diaper in the Appendix of this

Handbook.

417.11 (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.

417.11 (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.

417.11 (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

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 may allow children who can independently follow

toileting routines to use a bathroom on another floor 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 they must be able to the following things:

• fasten and unfasten their clothing;

• wipe themselves;

• flush the toilet;

• wash their hands.

You should always have an extra set of clothes for each child

in your program in the event of a toileting accident or

417.11 (p)(2) Non-disposable diapers

must not be laundered in the 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.

417.3 (i) A bathroom not more than one

floor level away from the program area

must be accessible to children.

417.3 (j) All toilets and potty chairs must

be located in rooms separate from those

used for cooking, playing, sleeping or

eating.

417.11 (q) Toilet facilities must be kept

clean at all times, and must be supplied

with toilet paper, soap and towels

accessible to the children.

417.11 (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 center 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

hand washing sink, unless that sink is

washed and disinfected after such use.

417.8 (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.

417.11 (n) Sufficient and suitable clothing

must be available so that children who

dirty or soil their clothing may be

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staining of clothing. Be sure to return the soiled clothes to

the child’s parent for washing.

See the “Providing and Maintaining a Safe Environment Inside

and Out” section on page 24 in this Handbook for

information about providing supervision in this situation.

changed. All such clothing must be

returned to the parent’s for washing.

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 it’s 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 and surfaces in your 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.

417.11 (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.

417.1 (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.

417.11 (r)(3) Extensive cleaning, such as

shampooing carpets or washing windows

and walls must occur when children are

not present.

417.11 (r)(5) Garbage receptacles must

be covered, and cleaned as needed after

emptying.

417.11 (r)(6) Thermometers and toys

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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 need to be

cleaned as needed.

mouthed by children must be washed and

disinfected before use by another child.

417.11 (r)(8) Linens, blankets and

bedding must be cleaned at 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 will need to be prepared. It’s

417.11 (m) Safety precautions related to

blood must be observed by all caregivers

as follows:

417.11 (m)(1) Disposable gloves must be

immediately available and worn

whenever there is a possibility for contact

with blood, including but not limited to:

417.11 (m)(1)(i) changing diapers where

there is blood in the stool;

417.11 (m)(1)(ii) touching blood or

blood-contaminated body fluids;

417.11 (m)(1)(iii) treating cuts that bleed;

and

417.11 (m)(1)(iv) wiping surfaces stained

with blood.

417.11 (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.

417.11 (m)(3) Disposable gloves must be

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important to have disposable medical gloves stored near your

diaper changing area, in your first aid kit, in your emergency

bag and in other locations that are easy access 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 disposable medical gloves in

sight, provide care anyway. Not having disposable medical

gloves is not a reason to deny a bleeding child care. If you

are ever faced with this situation, or if you should

accidentally get blood on your skin make sure that you 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. Spot clean any blood

that gets onto carpeting. The Appendix of 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 can take steps to reduce the spread

of germs is when handling food. See the “Offering Healthy

Food” section on page 107 of this Handbook for more

information.

discarded after each use.

417.11 (m)(4) If blood is touched

accidentally, the exposed skin must be

thoroughly washed with soap and running

water.

417.11 (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.

417.11 (m)(6) Surfaces that have been

blood stained must be cleaned and then

disinfected with a germicidal solution.

417.11 (r)(2) Carpets contaminated with

body fluids must be spot cleaned.

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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:

• Hand washing 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

• First Aid Kit Recommended Items

• OCFS Regional Offices

• State Agencies and Organizations

• National Organizations

• County Health Departments

• Books and Publications

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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 everywhere. 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 family day care home is a naturally occurring multi-age

setting where you 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 a challenge

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 (i) 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 three to

six children for compensation or

otherwise, except as provided below. The

name, description or form of the entity

which operates a family day care home

does not affect its status as a family day

care home.

413.2 (i)(1) Age of children: A 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.

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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 can adapt to the

needs of every child in your care. For example, you might

have quiet playtime in the late afternoon as part of your

daily schedule. Some days, however, the children might

really need that time to run, jump and play outside. Or,

perhaps you planned to finger-paint after breakfast but an

infant’s tooth begins to make her miserable and she needs

you to hold her close until her 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.

Children are continually developing their physical skills. They

need opportunities to use and build on their physical

abilities. This is especially true for infants and toddlers who

are eagerly using 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. These social

interactions are essential for children to gain language skills,

develop self-esteem and build relationships with you and the

other children in care.

417.7 (a) The 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 you.

417.7 (e) Children must be provided an

opportunity to choose between quiet

activities and active play.

417.3 (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.

417.7 (d) As age and development permit,

children must be allowed freedom of

movement and must be provided with an

environment designed to develop such

skills as crawling, standing, walking and

running.

417.7 (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.

417.3 (h) Each home must have access to

outdoor space which is adequate for

active play.

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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. See the “Providing and Maintaining a Safe

Environment Inside and Out” section on page 24 in this

Handbook for strategies to assess the safety of your outdoor

space.

Fresh air and the opportunity to “run off” their energy are

essential to children’s growth and well being. Include

outdoor play everyday unless the weather is extreme. You

and the children will benefit from the time you spend

outdoors in every season.

Providing Space for Children of Different Ages

One of the true joys of family day care is that it allows

children of various ages to play together and learn from each

other 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.

• You can create an 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 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 may like to play with

417.7 (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. If there is a second caregiver

available, 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. Nothing contained in this

subdivision shall be construed to require

a provider to have a second caregiver

available.

417.8 (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 family day care home.

The caregiver must physically check such

children every 15 minutes.

417.7 (c) Each 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.

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the younger children but they also need time to

focus their attention on more complicated tasks.

Give older children space to do the things they

enjoy. A counter or table top that is out of reach of

babies and curious toddlers are good places to play

with trading cards, 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.

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 interests that are meaningful to them;

• learn to play together and problem solve; and

• follow their own developmental path.

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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 price of one fashion doll, you can buy

several bags of plain wooden clothespins, and make

educational toys for both boys and girls of all age groups. Be

sure to get ones without springs to avoid pinched fingers. Of

course you will supervise closely. Clothespins can be a

choking hazard for children under 3 years old.

Babies under the age of 6 months notice contrast more than

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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 enjoy simply filling a bucket with clothespins,

lugging it about, 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 clothespins 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 the container

or onto the cardboard.

Preschool children 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 to dry. Put

clothespins in the block area and see how the children use

them. Show the children how to stick them together to make

interesting shapes. Give the children markers, glue and

glitter to 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 each

child’s 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

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and inviting them to make clothespin puppets. Ask them if

they know when clothespins were invented and then 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 of older children;

• 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 the “Providing and

Maintaining a Safe Environment Inside and Out” section on

page 24 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 family day

care. 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 to enjoy reading. And as a child’s ability

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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 books that have won awards such as

Caldecott, Newberry, Coretta Scott King, Horn Book

Awards and the American Library Association’s

Notable 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 of

those interests.

• Help children act out or add to the story. Their ideas

may surprise you!

• Teach children to respect and handle books with

care. Children should be allowed to look at 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 your words, your questions

and your actions. When you are involved and excited about

new ideas, your interactions with the children are the most

important part of the 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 that you are always responsible for keeping

children safe.

See the “Providing and Maintaining a Safe Environment Inside

and Out” section on page 24 in this Handbook for additional

information on supervision.

417.7 (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.

417.7 (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 417.8 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.

417.8 (a) Children cannot be left without

competent supervision at any time. The

provider must have direct visual contact

with the children at all times except as

follows:

417.8 (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 napping or sleeping 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 written permission

to do so from every parent of a child

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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. 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 on page 80 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

receiving evening or night care in the

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.

417.7 (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.

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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.

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.

417.7 (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 417.8 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.

Discipline

At one time or another, all children challenge us with their

behavior. Helping children gain self-control is an integral

part of your family day care that provides important

opportunities to teach children a variety of skills. Through

your guidance, you help children learn to manage their

417.9 (a) The 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

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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 his or her 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 with parents and give them a written copy to see

that they understand what to expect.

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 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 adults

will respond to him.

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

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

caregiver must use acceptable techniques

and approaches to help children solve

problems.

417.9 (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.

417.9 (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.

417.9 (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

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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 the “Protecting and

Promoting Children’s Health” section on page 60 in this

Handbook for more information on child abuse.

Strategies for Guiding Children’s Behavior

Here are some strategies you 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 myself!”

Instead, say “Do you want to sit next to Sydney or next to

group in a manner other than that

provided for in this subdivision is

prohibited.

417.9 (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.

417.9 (f) Withholding or using food, rest

or sleep as a punishment is prohibited.

417.9 (g) Discipline may be administered

only by the caregiver.

417.9 (h) Methods of discipline,

interaction or toilet training which

frighten, demean or humiliate a child are

prohibited.

417.10(a) Any abuse or maltreatment of a

child, either as an incident of discipline

or otherwise, is prohibited. A 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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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 materials,

manipulatives 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.

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 Work with children instead of against them.

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.

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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.

 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 a child is younger

than three; contacting the Committee on Preschool

Education through their local school district if the child is

older than three; 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

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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 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

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(“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 acceptable activities or behaviors.

Effectively disciplining young children takes skill. With every

challenging situation you find yourself in with a child, 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 these

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questions, you’ll 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

• National Organizations

• County Health Departments

• Books and Publications

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Offering Healthy Food rev Apr 2006

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. If you change your policies, be sure to let each

parent know, preferably in writing. As with all other areas of

417.12 (a) The 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.

417.12 (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.

417.12 (a)(2) Homes changing their meal

policy must provide adequate notice to

parents.

417.12 (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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your program, families are essential partners. Talk with them

to make accommodations for cultural differences, food

preferences, allergies and medical needs. Communicate with

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

New York State Department of Health recommends serving

whole milk to children between one and two years of age and

1% or skim milk to children two years of age and older.

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 child care

resource and referral agency 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

nutritional needs, a medical statement

must be obtained documenting the

appropriateness of the variation.

417.12 (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.

417.12 (k) If more than one child in the

home is receiving formula, breast milk or

other individualized food items, all

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Offering Healthy Food rev Apr 2006

and last name to prevent mix-ups.

You will also need food on hand to see 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 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 child.

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

containers or bottles must be clearly

marked with the child’s complete name.

417.12 (a)(1) If the provider does not

furnish meals, there must be adequate

supplemental food available in the event

that no meal is provided by the parent or

if the meal provided by the parent is of

inadequate nutritional value.

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• hard foods such as carrots, hard candy, pits from fruit

and raw cauliflower.

Prevent choking by offering these foods only to older children

who have lots of teeth and muscles needed to chew food and

are able to sit up straight when eating. Other precautions that

can reduce the possibility of choking 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 stage. Of course,

the self-feeding and social skills expected of children are based

on their developmental level. Remember that this happens over

time as children gain muscle control and hand-eye

coordination. Accept eating “accidents” 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

417.12 (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.

417.12 (e) Sufficient time, based on age

and individual needs, must be allowed for

meals so that children will not be hurried.

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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 on page 88 in this

Handbook.

For resources related to food portion size and CACFP, talk with

your 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/index.html.

417.9 (f) Withholding or using food, rest

or sleep as a punishment is prohibited.

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. To prevent food-

borne 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.

417.11 (r)(7) Individual drinking cups or

disposable paper cups must be provided

daily. The use of shared drinking cups is

prohibited.

417.11 (r)(9) After use, dishes and all

utensils must be washed with soap and

hot water, and rinsed in hot running

water.

417.12 (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.

417.12 (f) Perishable food, milk and

formula must be kept refrigerated.

417.11 (k) Caregivers must thoroughly

wash their hands with soap and running

water at the beginning or 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

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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.

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.

417.11 (1) 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 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 to between the

parent and the provider.

Feeding Infants

Infants and toddlers have some special considerations related

to food. You 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

417.12 (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.

417.12 (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

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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. Children and

mothers who are breast feeding will appreciate arrangements

you make for them. 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 the parents 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 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 children’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 result in burning an infant’s mouth!

As an infant develops, you’ll see signs that she is getting ready

for solid foods. Some signs to look for include her increased

ability to put her hands to her mouth and to grab objects with

the end of the day. When disposing of

unused breast milk, caregivers must

follow universal precautions.

417.12 (l) Every effort must be made to

accommodate the needs of a child who is

being breast-fed.

417.12 (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.

417.12 (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.

417.12 (k)(2) Heating formula, breast

milk and other food items for infants in a

microwave oven is prohibited.

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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 notice 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.

Children using a bottle must always be held if they are less

than 6 months old or unable to hold the bottle securely.

When you gaze at and talk to a baby when bottle feeding you

are supporting their development. This kind of interaction 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.

417.12 (n) Each infant and toddler must

be removed from the crib, playpen or cot

and held or placed in an appropriate

chair for feeding.

417.12 (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.

417.5 (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

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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:

• Hand washing That Kills Germs

• Sanitizing Bleach Solutions

• Using Disposable Medical Gloves

• OCFS Regional Offices

• State Agencies and Organizations

• National Organizations

• County Health Departments

• Books and Publications

Working with Families

Families provide information that you need to responsibly care 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 hopes for their child. You 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 substitutes,

your health policies and other issues. Regular communication with families helps you build close

connections with parents and children. The quality of your child care 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 to work with families to provide the best

care for every child enrolled in your program.

417.15 (a)(15) Parents must be given the

opportunity to discuss issues related to their

children and care of their children with the

provider or alternate provider. Such

opportunities must occur at the time of

enrollment and as frequently as needed

thereafter, but at least annually;

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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 you have 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:

• Conversations at drop off and pick up time. During

this brief time, you 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!

417.15 (a)(9)(i) The parent of any child

receiving 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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• Parent conferences. During this time, you 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 your mole hills turn into mountains!

Enrolling Children

When a family is considering your 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. Help parents make good choices for their children by

providing materials that help them 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 alternate providers 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

417.14 (f) At the time of admission, the

provider or alternate provider must furnish

parents with appropriate instructional

materials that will assist them in evaluating

the home, the provider, and the 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.

417.15 (a)(9)(i) The parent of any child

receiving 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;

417.15 (c) The provider must maintain on file

at the 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:

417.15 (c)(3) the name, address, gender, and

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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

• names and addresses of each person who is

authorized to take the child from your program.

• 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 in

your care unless you become approved to do so. See

the “Protecting and Promoting Children’s Health”

section on page 60 in this Handbook for information

on giving medication to children in your care or

check with your registrar for more information.

Health information you will need for each child includes:

• permission allowing you to obtain emergency

medical treatment;

• records of health exams and immunization;

• 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 the “Protecting

and Promoting Children’s Health” section on page

60 in this Handbook for more information on giving

medication to children in your care.

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;

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

persons authorized to take the child(ren) from

the family day care home;

417.15 (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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One way to give families information about your program is

in a parent handbook that you put 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

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 child to

meet you, the other children and to see the toys and

materials in your program while accompanied by his parent.

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

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 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 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

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 your 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 (i)(1) Age of children: A 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.

417.15 (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:

417.15 (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;

417.15 (a)(17)(ii) the extenuating

circumstance necessitating the care; and

417.15 (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 his or her 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. A child with special needs may be a

child with a developmental delay or disability, or even a

child who has 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 will need to get 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;

• the space the therapist and child will use during

417.15 (a)(8) A 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 immune

deficiency 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;

417.11 (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

that the child has received age-appropriate

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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.

immunizations in accordance with New York

State Public Health Law.

417.7 (c) Each 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 may become a part of their

family. You may be one of the first people to know about

happy events such as 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 work with may be different than your own

in terms of their structure, economic status, beliefs or

values. Your relationship with children and their families is

based on a mutual respect. That means accepting families

for who they are, celebrating their joys and supporting

them during challenging times.

Part of this respect is maintaining 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.

Some families you work with might find themselves in

challenging situations. You may be able to offer support by

417.15 (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;

Family Day Care Provider Handbook Page 123

Working with Families rev Apr 2006

giving families lists of resources in your community. This

might include:

• food pantries

• local Department of Social Service offices

• health clinics

• thrift shops

• food programs

• local and New York State Departments of Health

(see page 147 in the 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, 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

may be alarmed about the boisterous behavior of a 2-year-

old. If you notice an adult openly expressing inappropriate

Page 124 Family Day Care Provider Handbook

rev Apr 2006 Working with Families

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 rapidly developing

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 I am doing this, it’s always my

job to keep every child safe.”

Supervision When Parents Are Present

When a child is being picked up or dropped off, keeping

everyone safe may become more challenging. This may

happen because you 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 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”

Family Day Care Provider Handbook Page 125

Working with Families rev Apr 2006

and a “good bye” hug from you to note when this change

happens. This also 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 caregivers of the camera

locations;

• use security measures such as passwords 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.

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

children receiving care in a 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 alternate providers, assistants

and employees of the family day care home

must also be informed if video surveillance

cameras will be used for this purpose.

417.15 (a)(9)(ii)(b) All parents of children

enrolled in the family day care home and all

alternate providers, assistants and employees

of the family day care home must be made

aware of the locations of all video

surveillance cameras used at the family day

care home.

417.15 (a)(9)(ii)(c) 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.

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

cameras may not be used as a substitute for

competent direct supervision of children.

417.15 (a)(9)(ii)(e) 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

Page 126 Family Day Care Provider Handbook

rev Apr 2006 Working with Families

viewing and of the importance of the privacy

rights of other children who may be viewed.

417.15 (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.

417.15 (a)(9)(ii)(g) 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

Family Day Care Provider Handbook Page 127

Growing as a Professional rev Apr 2006

Growing as a Professional

Your ongoing professional development gives you the tools you need to manage

your business, stay current with child development theory and respond to the

unique needs of children 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 your training requirements

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 registration. You

are required to complete 30 hours of training during each

registration renewal period. You can find your renewal period

on your registration certificate.

By spending time to develop a plan for your own professional

growth, you demonstrate your long term commitment to the

children in your care and their families because you are doing

what it takes to:

• keep your registration;

• 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.

417.14 (a) Before the Office issues an initial

registration, 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 for family day care has been

submitted but prior to issuance of the

registration may be applied to the initial

fifteen (15) hours of training required in

subdivision (b) of this subsection.

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rev Apr 2006 Growing as a Professional

If you are a new provider you must take at least 15 hours of

training within the first six months of receiving your

registration. You are required to take health and safety

training approved by OCFS. This health and safety training

can “count” towards the 15 hours you need to have within

the first six months of receiving your registration.

If you select a new alternate provider after your initial

registration, he or she will need to complete at least 15 hours

of training during the first six months after becoming your

alternate provider.

The training you 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 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.

The training you choose should help you provide high-quality

child care. Your registrar or OCFS staff can offer suggestions

for training and organizations that offer training that may be

right for you.

417.14 (b) Each provider and alternate

provider must complete a minimum of

fifteen (15) hours of training during the first

six months of registration. Any person who

becomes an alternate provider after the

initial registration of the home must

complete a minimum of fifteen (15) hours of

training during the first six months after

becoming an alternate provider. In either

case, this initial fifteen (15) hours applies

toward the total thirty (30) hour minimum

requirement for each registration period. A

total of thirty (30) hours of training must be

completed every two years. Such training

must address the following topics:

417.14 (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;

417.14 (b)(2) nutrition and health needs of

children;

417.14 (b)(3) child day care program

development;

417.14 (b)(4) safety and security

procedures, including communication

between parents and staff;

417.14 (b)(5) business record maintenance

and management;

417.14 (b)(6) child abuse and maltreatment

identification and prevention;

417.14 (b)(7) statutes and regulations

pertaining to child day care; and

417.14 (b)(8) statutes and regulations

pertaining to child abuse and maltreatment.

417.14 (c) Training received after the

application has been submitted but before

the application has been approved and the

registration granted may be counted

towards the initial fifteen (15) hours

required in subsection (b) above.

417.14 (e) Each provider and alternate

provider must submit verification of

completion of the training requirements to

their program’s designated registration

Family Day Care Provider Handbook Page 129

Growing as a Professional rev Apr 2006

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 keep a

written record 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 registrar upon

request and during your renewal process.

If you 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 registrar. Plan ahead to

avoid any delays in renewing your registration.

If you or other providers in your program do not meet the

training requirements, your registration renewal might be

denied or, depending on the specific situation, your

registration may be renewed for only one year.

office on forms provided by the Office.

417.14 (d) For the thirty (30) hours of

training that must be received every two

years after the first year of registration, any

provider or alternate 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 or alternate provider

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 registration period.

417.15 (b)(2)(i) If a provider or alternate

provider has not met the training

requirement specified in section 417.14 of

this Part, a subsequent registration may be

issued for a period of up to one year

following the completion of an acceptable

inspection of the family day care home;

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

limited renewal may be issued in

succession;

Professional Associations and Organizations

Another important aspect of maintaining your own

Page 130 Family Day Care Provider Handbook

rev Apr 2006 Growing as a Professional

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 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:

• a group of people to problem solve with and share

stories about the challenges and joys you face in your

work;

• additional training opportunities; and

• an opportunity to access services, such as insurance

that would be too expensive if you were to purchase

them as an individual.

Keeping Track of Your Professional Growth

It is important to keep track of your professional

development. You will need records of the training you have

participated in when you renew your registration. These

records will also help you make decisions about what

trainings you want or will need to take in the 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

417.2 (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:

417.2 (d)(10) documentation showing

compliance with the training requirements

of section 417.14 of this Part.

417.14 (e) Each provider and alternate

provider must submit verification of

completion of the training requirements to

their program’s designated registration

office on forms provided by the Office.

Family Day Care Provider Handbook Page 131

Growing as a Professional rev Apr 2006

strategies, helping children cope with loss and other

resources that you’ve gotten in trainings, found in magazines

or through your own research.

Portfolios are a good way to show parents how training helps

you meet the needs of the children in your care. For

example, let’s say you 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.

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

Page 132 Family Day Care Provider Handbook

rev Apr 2006 Growing as a Professional

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 and organizations that may be helpful to you as a registered 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.

Family Day Care Provider Handbook Page 133

Appendix rev Apr 2006

How Many Children May a Family Day Care Provider Care For?

Page 134 Family Day Care Provider Handbook

rev Apr 2006 Appendix

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.

Family Day Care Provider Handbook Page 135

Appendix rev Apr 2006

Hand Washing

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.

Page 136 Family Day Care Provider Handbook

rev Apr 2006 Appendix

Cleaning and Sanitizing

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.

Family Day Care Provider Handbook Page 137

Appendix rev Apr 2006

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.

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rev Apr 2006 Appendix

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.

Family Day Care Provider Handbook Page 139

Appendix rev Apr 2006

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.

Page 140 Family Day Care Provider Handbook

rev Apr 2006 Appendix

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.

Family Day Care Provider Handbook Page 141

Appendix rev Apr 2006

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

Page 142 Family Day Care Provider Handbook

rev Apr 2006 Appendix

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 ___________________________________

Family Day Care Provider Handbook Page 143

Appendix rev Apr 2006

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.

Page 144 Family Day Care Provider Handbook

rev Apr 2006 Appendix

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)

Family Day Care Provider Handbook Page 145

Appendix rev Apr 2006

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

Phone (518) 867-3517

[email protected]

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 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

1-800-STATE NY (1-800-782-8369)

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 Offices on page 144)

SUNY Training Strategies Group

State University Plaza

Albany, NY 12246-0001

(518) 443-5940

Educational Incentive Program: (800) 295-9616

www.tsg.suny.edu

Page 146 Family Day Care Provider Handbook

rev Apr 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

(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

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

Family Day Care Provider Handbook Page 147

Appendix rev Apr 2006

County Health Departments

Albany ..................... (518) 447-4612

Allegany ................... (716) 268-9256

Broome .................... (607) 778-2804

Cattaraugus .............. (716) 373-8050

Cayuga .................... (315) 253-1404

Chautauqua ............... (716) 753-4491

Chemung .................. (607) 737-2028

Chenango ................. (607) 337-1660

Clinton .................... (518) 565-4848

Columbia .................. (518) 828-3358

Cortland ................... (607) 753-5203

Delaware .................. (607) 746-3166

Dutchess .................. (914) 486-3419

Erie ........................ (716) 858-6450

Essex ....................... (518) 873-3500

Franklin ................... (518) 483-6767

Fulton ..................... (518) 762-0720

Genesee ................... (716) 344-8506

Greene .................... (518) 943-6591

Hamilton .................. (518) 648-6141

Herkimer .................. (315) 866-7122

Jefferson .................. (315) 782-9289

Lewis ...................... (315) 376-5449

Livingston ................. (716) 243-7290

Madison ................... (315) 363-5490

Monroe .................... (716) 274-6151

Montgomery .............. (518) 853-3531

Nassau ..................... (516) 571-1680

Niagara .................... (716) 694-5454

Oneida ..................... (315) 798-5747

Onondaga ................. (315) 435-3236

Ontario .................... (716) 396-4343

Orange ..................... (914) 291-2330

Orleans .................... (716) 589-3269

Oswego .................... (315) 349-3547

Otsego ..................... (607) 547-4230

Putnam .................... (914) 278-6086

Rensselaer ................ (518) 270-2655

Rockland .................. (914) 364-2662

St. Lawrence ............. (315) 265-3730

Saratoga ................... (518) 584-7460

Schenectady .............. (518) 346-2187

Schoharie ................. (518) 295-8474

Schuyler ................... (607) 535-8140

Seneca ..................... (315) 539-9294

Steuben ................... (607) 776-9631

Suffolk ..................... (516) 853-3055

Sullivan .................... (914) 292-0100

Tioga ....................... (607) 687-8600

Tompkins .................. (607) 274-6616

Ulster ...................... (914) 340-3070

Warren .................... (518) 761-6415

Washington ............... (518) 746-2400

Wayne ..................... (315) 946-5749

Westchester .............. (914) 593-5062

Wyoming .................. (716) 786-8890

Yates ....................... (315) 536-5160

NYC Dept. of Health ..... (212) 285-4610

Page 148 Family Day Care Provider Handbook

rev Apr 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 C0-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, KaAthy, 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 #4623 (rev. 4/06)