New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 2 - Family and Children's Services
Part 414 - School-age Child Care
Section 414.2 - Procedures for applying for and renewing a registration
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 414.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Applicants for a registration must submit to the office:
(1) a completed application,
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 school-age child care program in conformity with
applicable laws and regulations;
(2) certificate of occupancy or other
documentation from the local government authority having jurisdiction for
determining compliance with the Fire Code and Building Code of New York State,
or other applicable fire and building codes when the Fire and Building Code of
New York State is not applicable, showing that the facility has been inspected
and approved within the 12 months preceding the date of application for use as
a child school age child care program, in accordance with the appropriate
provisions of such code;
(3)
documentation from local zoning authorities or officials, where such
authorities or officials exist, that a school-age child care program is a
permitted use under any zoning code applicable to the area in which the
school-age child care program is located;
(4) documentation from the local health
department or the New York State Department of Health showing that the facility
has been inspected and approved within the 12 months preceding the date of
application;
(5) where a program
uses a private water supply, a report from a State licensed laboratory or
individual, based on tests performed within the 12 months preceding the date of
application, showing that the water meets standards for drinking water
established by the New York State Department of Health;
(6) certification, on forms provided by the
office, that the building, 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 building, 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 building, its
property and premises, and the surrounding neighborhood meet applicable
standards for sanitation and safety;
(7) documentation from service personnel
licensed by the New York State Department of State to perform fire alarm
systems maintenance, repair and testing which shows that fire alarm and
detection systems have been inspected, tested and maintained in accordance with
the applicable requirements of the Fire Code and Building Code of New York
State, or other applicable fire and building codes when the Fire and Building
Code of New York State is not applicable, for use of the building as a school
age child care program;
(8)
documentation from service personnel qualified to perform fire suppression
systems testing showing that fire suppression equipment and systems have been
tested and maintained in accordance with the requirements of the Fire Code and
Building Code of New York State, or other applicable fire and building codes
when the Fire and Building Code of New York State is not applicable, for use of
the building as a school age child care program;
(9) documentation from an inspector from the
New York State Department of Labor, or an insurance company licensed to write
boiler insurance in New York State, showing that all steam or hot water boilers
have been inspected and approved in accordance with the requirements of the New
York State Department of Labor. For all other fuel burning heating systems and
equipment and boilers not subject to the New York State Department of Labor
requirements, documentation of service by a heating contractor performed within
the 12 months preceding the date of application;
(10) a diagram of the portion of the building
to be occupied by the school-age child care program and all adjacent areas of
such building, as required in section
414.3(a)
of this Part;
(11) a description of
program activities offered to meet the needs of children, as described in
section
414.7(a)
of this Part;
(12) a copy of the
emergency plan and emergency evacuation diagram, as required in section
414.5(b)
of this Part, specifying alternate means of egress;
(13) a health care plan developed in
accordance with the requirements of section
414.11(c)
of this Part;
(14) copies of sample
menus for snacks and, where meals are provided, for meals, or a copy of the
current letter of approval from the New York State Child and Adult Care Food
Program;
(15) where meals are
provided but are not prepared at the program, a description of food service
arrangements;
(16) a sworn
statement by the applicant indicating whether, to the best of the applicant's
knowledge, the applicant has ever been convicted of a misdemeanor or a felony
in New York State or any other jurisdiction, and fingerprint images to comply
with the requirements of section
413.4 of
this Title;
(17) certification, on
forms provided by the office, that the applicant is in compliance with child
support obligations or payments, in accordance with the requirements of section 3-503 of the General Obligations
Law;
(18) certification, on forms
provided by the office, that the school-age child care program is in compliance
with workers' compensation in accordance with the requirements of New York
State law;
(19) Statewide Central
Register of Child Abuse and Maltreatment and Justice Center for the Protection
of Persons with Special Needs;
(i) the
statewide central register database form necessary to complete required
screening by the Statewide Central Register of Child Abuse and Maltreatment to
determine if the applicant is the subject of an indicated report of child abuse
or maltreatment;
(ii) the forms
necessary to check the register of substantiated category one cases of abuse or
neglect maintained by the Justice Center for the Protection of Persons with
Special Needs per section 495 of the Social Services Law;
(20) a description of specific
procedures which will assure the safety of a child who is reported to the
Statewide Central Register of Child Abuse and Maltreatment as well as other
children provided care in the school age child care program, as required in
section
414.10(d)
of this Part;
(21) a description of
the procedure to be used to review and evaluate the background information
supplied by applicants for employment and volunteer positions, as required in
section
414.13 of
this Part;
(22) copies of the
school age child care program's personnel policies and practices;
(23) a description of policies and practices
regarding appropriate supervision of children as required in section
414.8 of
this Part;
(24) an outline of a
plan for training as required in section
414.14 of
this Part, including use of both in-service training and outside training
resources;
(25) a copy of a
certificate of insurance from an insurance company showing the intent to
provide general liability insurance to the school age child care program upon
registration;
(26) when the
school-age child care program is owned by an individual, corporation,
partnership or other entity using a business or assumed name, a copy of the
certificate of doing business under an assumed name obtained from the county
clerk; and
(27) an email address
for the director or other person designated to receive communications from the
office. If the applicant is unable to provide at least one valid email address,
the applicant must provide a valid mailing address for the director or other
person designated to receive written communications from the office.
(b) School-age child care programs located in public school buildings currently used for elementary, middle or secondary public education programs approved by the New York State Education Department are exempt from the requirements set forth in paragraphs (a)(2)-(9) of this section. Each such program must submit a copy of the current certificate of occupancy issued by the State Education Department as part of the application. For those programs not issued such certificates of occupancy, the appropriate local equivalent, acceptable to the State Education Department, must be submitted.
(c) An application will only be accepted by the office when the applicant submits the minimum threshold of information as required by office policy. An application sent to the office that does not meet the minimum threshold will not be accepted and will be returned to the applicant. Once an application has been accepted, all additional required information must be submitted within no later than 90 days. Failure to submit all required information within the required timeframes shall be considered a withdrawal of the application.
(d) Applicants for a registration may not be issued a registration until an inspection of the school-age child care program has been conducted showing compliance with the requirements of this Part and the relevant provisions of the Social Services Law.
(e) Renewal.
Applicants for renewal of a registration must submit to the office at least 60 days in advance of the expiration date of the registration the following:
(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
school-age child care program in conformity with applicable laws and
regulations;
(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;
(3) certification, on forms
provided by the office, that the program is in compliance with workers'
compensation in accordance with the requirements of New York State
law;
(4) documentation of
inspections and approvals as set forth in section
414.15(c)
of this Part;
(5) documentation
showing compliance with the training requirements of section
414.14 of
this Part;
(6) certification, on
forms provided by the office, that the building, 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 building,
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
building, its property and premises, and the surrounding neighborhood meet
applicable standards for sanitation and safety;
(7) documentation from the local health
office or the New York State Department of Health showing that the facility has
been inspected and approved within the 12 months preceding the date of
application for renewal;
(8) where
a program uses a private water supply, a report from a State licensed
laboratory or individual, based on tests performed within the 12 months
preceding the date of the application for renewal, showing that the water meets
the standards for drinking water established by the New York State Department
of Health;
(9) documentation from
service personnel licensed by the New York State Department of State to perform
fire alarm systems maintenance, repair and testing which shows that fire alarm
and detection systems have been inspected, tested and maintained during the
current registration period in accordance with the applicable requirements of
the Fire and Building Code of New York State;
(10) documentation from service personnel
qualified to perform fire suppression systems testing showing that fire
suppression equipment and systems have been tested and maintained during the
current registration period in accordance with the requirements of the Fire and
Building Code of New York State, or other applicable fire and building codes
when the Fire and Building Code of New York State is not applicable, for use of
the building as a school age child care program;
(11) documentation from an inspector for the
New York State Department of Labor or an insurance company licensed to write
boiler insurance in New York State showing that all steam or hot water boilers
have been inspected and approved during the current registration period in
accordance with the requirements of the New York State Department of Labor. For
all other fuel burning heating systems and equipment and boilers not subject to
the New York State Department of Labor requirements, documentation of service
by a heating contractor performed within the 12 months preceding the date of
the application for renewal;
(12) a
copy of a certificate of insurance from an insurance company showing general
liability insurance is provided to the school age child care program and a copy
of the insurance policy; and
(13)
an email address for the director or other person designated to receive
communications from the office. If the applicant is unable to provide at least
one valid email address, the applicant must provide a valid mailing address for
the director or other person designated to receive written communications from
the office.
(f) Applicants for renewal of a registration may not be issued a registration until an inspection of the program has been conducted showing compliance with the requirements of this Part and the relevant provisions of the Social Services Law.
(g) School-age child care programs located in public school buildings currently used for elementary, middle or secondary public education programs approved by the New York State Education Department are exempt from the requirements set forth in paragraphs (e)(6)-(11) of this section. Each such program must submit a copy of the current certificate of occupancy issued by the State Education Department as part of the application for renewal. For those programs not issued such certificates of occupancy, the appropriate local equivalent, acceptable to the State Education Department, must be submitted.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
