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 § 416.2
Current through Register Vol. 47, No. 12, March 26, 2025
(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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