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 416 - Group Family Day Care Homes
Section 416.2 - Procedures for applying for and renewing a license
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 416.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Applicants for a license 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 group family day care home in conformity with
applicable laws and regulations;
(2) medical statements for the provider,
assistant(s), and substitute(s) completed within the 12 months preceding the
date of application, as required in section
416.11
of this Part;
(3) a summary of the
training and experience of the provider and assistant(s) as described in
section
416.13 of
this Part;
(4) the names, addresses
and day time telephone numbers of at least two acceptable references each for
the provider, assistant(s), and any substitute(s) as specified in section
416.13 of
this Part;
(5) sworn statements by
the provider, assistant(s), substitutes and any person 18 years of age or older
who resides in the proposed group family day care home indicating whether, to
the best of their knowledge, they have ever been convicted of a misdemeanor or
a felony in New York State or any other jurisdiction, and fingerprint images as
required pursuant to section
413.4 of
this Title;
(6) 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;
(7) certification, on forms
provided by the office, that the applicant is in compliance with workers
compensation requirements of New York State Law;
(8) 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 Check forms necessary to complete required screening by the Statewide
Central Register of Child Abuse and Maltreatment to determine if the provider,
employees, volunteers, and any person 18 years of age or older who lives in the
prospective group family day care home 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 pursuant to section 495 of the Social Services Law;
(9) a medical statement on forms
furnished by the office or approved equivalents regarding the health of all
persons residing in the group family day care home completed within the 12
months preceding the date of application, as required in section
416.11
of this Part;
(10) a statement from
the appropriate local official or authority that the dwelling meets standards
for sanitation and safety, where the office notifies the applicant that such a
statement is required;
(11) where a
licensee uses a private water supply:
(i) 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; or
(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;
(12) a report of inspection
performed within the 12 months preceding the date of application, by local
authorities or an inspector qualified to approve fuel burning systems, which
documents approval of any wood or coal burning stove, fireplace, pellet stoves
or permanently installed gas space heater in use at the home;
(13) 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. 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. 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;
(14) the
site to be used for child care must meet the definition and requirements of a
personal residence as outlined in Part 413 of this Title. The licensee must
submit documentation, acceptable to the office, to prove that the group family
day care site is being used as a residence;
(15) a health care plan developed in
accordance with requirements of section
416.11(c)
of this Part; and
(16) an email
address for the provider 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 provider or
other person designated to receive written communications from the
office.
(b) 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.
(c) Applicants for a license may not be issued a license until an inspection of the group family day care home has been conducted showing compliance with the requirements of this Part and the relevant provisions of the Social Services Law.
(d) Renewal.
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:
(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 group family day care home 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 applicant is in compliance with workers
compensation requirements of New York State Law;
(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. 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. 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;
(5) where
a licensee uses a private water supply:
(i) 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; or
(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;
(6) a report of inspection and approval
performed by local authorities or an inspector qualified to approve fuel
burning systems, within the 12 months preceding the date of application for
renewal of any wood or coal burning stove, fireplace, pellet stoves, or
permanently installed gas space heater in use at the home;
(7) proof of compliance with the training
requirements of section
416.14 of
this Part;
(8) a statement from the
appropriate local official or authority that the dwelling meets satisfactory
standards for sanitation and safety, where the office notifies the applicant
that such a statement is required; and
(9) an email address for the provider 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 provider or other person
designated to receive written communications from the office.
(e) Applicants for renewal of a license may not be issued a license until an inspection of the group family day care home has been conducted showing compliance with the requirements of this Part and the relevant provisions of the Social Services Law.
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.
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