Queens County, NY Home Business: Home Daycare (2026)

Home-based child care in Queens operates under layered state and city rules. The New York State Office of Children and Family Services (OCFS) licenses or registers every provider. Family day care, which serves up to 6 children plus 2 school-age children for before- and after-care, requires OCFS registration under 18 NYCRR Part 417. Group family day care, which serves up to 12 children with an assistant, requires OCFS licensure under 18 NYCRR Part 416. Applicants must complete 30 hours of pre-service training, submit to background checks for all household members over 18, complete fingerprinting through the Statewide Central Register, and pass an in-home inspection covering fire safety, means of egress, cribs, outlets, and cleaning-product storage. NYC Health Code Article 47 applies to programs of 3 or more hours for children under 6 when they operate in non-residential space, but home-based programs follow the OCFS regulations. From a zoning standpoint, day care in a home is expressly listed as a permitted home occupation in ZR 12-10, subject to the same 25 percent and 500 square foot cap and one non-resident employee limit. Operators must carry liability insurance and maintain the OCFS-required ratios such as 1 provider to 2 infants or 1 to 3 toddlers as part of the total head count.