Albany County home daycares are licensed by NY Office of Children and Family Services (OCFS) under Social Services Law §390 and 18 NYCRR Part 417 (Family Day Care) or Part 416 (Group Family Day Care). Family day care: up to 8 children; Group: up to 16 with assistant. Local zoning approval also required.
New York tightly regulates home daycares through the Office of Children and Family Services (OCFS). Family Day Care (18 NYCRR Part 417) permits up to 6 children plus 2 additional school-age under 13, operated by one provider. Group Family Day Care (18 NYCRR Part 416) permits up to 12 children plus 4 additional school-age, requiring a qualified assistant. Requirements include OCFS application, fingerprint-based background check (NY Criminal Procedure Law and Executive Law §845-b), CPR and first aid certification (15 hours training biennially), annual inspection by OCFS regional office (Albany Regional at 52 Washington St, Rensselaer), liability insurance, and fire safety inspection per 19 NYCRR Part 1226. Albany County municipalities provide zoning accommodation under NY Social Services Law §390(12), which deems home daycare a residential use by right — towns cannot prohibit it, though they may require home occupation permits. The City of Albany (Chapter 375-100) and towns of Colonie, Bethlehem, and Guilderland permit home daycare in residential zones. Drop-off/pickup traffic must not create a parking nuisance.
Unlicensed daycare: OCFS closure orders, fines up to $500/day under SSL §390(9). Background check violations: immediate license revocation. Capacity violations: license suspension. Operating illegally after shutdown: Class A misdemeanor under SSL §389.
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