Home-based childcare in NYC is regulated by the NY State Office of Children and Family Services (OCFS). Family daycare (up to 7 children ages 6 weeks to 12 years) and group family daycare (up to 12 children with an assistant) require OCFS licenses. NYC DOHMH conducts inspections and handles complaints.
New York State Social Services Law §390 requires all home-based childcare providers caring for children from more than one family to be licensed or registered with OCFS. Family daycare homes may care for up to 7 children (including the provider's own children under 6). Group family daycare homes may care for up to 12 children with a qualified assistant. Providers must complete 30 hours of pre-service training, pass background checks, maintain CPR/first aid certification, and meet space requirements (35 sq ft per child for nap areas, 50 sq ft per child for play areas). NYC DOHMH assists OCFS with inspections and responds to complaints about unlicensed care. The NYC zoning resolution permits home-based daycare as an accessory use in residential zones. NYC ACS (Administration for Children's Services) manages EarlyLearn contracts and childcare subsidies. All daycare homes must have fire safety approvals including working smoke and CO detectors, fire extinguishers, and evacuation plans.
Operating an unlicensed daycare: up to $500 per day per OCFS regulations. OCFS can issue enforcement actions including fines, license suspension, and closure orders. Criminal charges possible for serious safety violations. NYC DOHMH can issue separate health code violations.
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