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 418 - Day Care Centers
Subpart 418-1 - Child Day Care Centers
Section 418-1.13 - Staff qualifications
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 418-1.13
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Staff members must be qualified by training and experience to carry out their respective functions in the administration, operation and maintenance of the child day care center.
(1) Staff and
volunteers must be mature, of good character and possess suitable personal
qualifications.
(2) Staff and
volunteers must be in good physical and mental health and have the energy and
emotional stability necessary to fulfill the responsibilities of their
positions.
(b) Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following:
(1) a
statement or summary of the applicant's employment history including, but not
limited to, any relevant child-caring experience;
(2) the names, addresses and day time
telephone numbers of at least two acceptable references, other than relatives,
at least one of whom can verify employment history, work record and
qualifications, and at least one of whom can attest to the applicant's
character, habits and personal qualifications to be a child care center staff
member;
(3) a sworn statement by
the applicant indicating whether, to the best of the applicant's knowledge,
such applicant has ever been convicted of a misdemeanor or felony in New York
State or any other jurisdiction and fingerprint images as required to comply
with the requirements of Part 413.4 of this Title;
(4) the information necessary to determine
whether the applicant is the subject of an indicated report of child abuse and
maltreatment as required by section
418-1.10(b)(1)(i)
of this Subpart;
(5) the
information necessary to determine whether the applicant is listed on 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, as required
by section
418-1.10(b)(1)(ii)
of this Subpart; and
(6) the
information necessary to complete the criminal history review and background
clearance requirements as outlined in this Part. This information must be
submitted to the office on forms provided by the office.
(c) If an applicant discloses in the sworn statement furnished in accordance with section 418-1.13(b)(3) of this Subpart that he or she has been convicted of a misdemeanor or felony, the child day care center must inform the office and provide a copy of the statement to the office so the office may take appropriate action in conformance with the provisions of section 413.4 of this Title.
(d) Each center must have a staff person who meets the qualifications set forth in paragraph (g)(1) of this section to perform supervision functions for that center.
(e) In child day care centers where the licensed capacity is less than 45 children, a group teacher or assistant teacher may also perform administrative/fiscal management functions and/or supervision functions, provided that the qualifications for such positions as set forth in paragraph (g)(1) of this section have been met.
(f) In child day care centers where the licensed capacity is 45 or more children, the administrative/fiscal management functions and supervision functions may not be performed by a group teacher or assistant teacher.
(g) Minimum education and experience qualifications:
(1)
to be qualified as a director, a person must possess either:
(i) a bachelor's degree, including or in
addition to 12 credits in early childhood, child development or a related
field; one year of full-time teaching experience in a child care center, family
or group family day care home or other early childhood program; and one year of
experience supervising staff in a child care program or a related field of
work; or
(ii) a New York State
children's program administrator credential; one year of full-time teaching
experience in a child care center, family or group family day care home or
other early childhood program; and one year of experience supervising staff in
a child care program or a related field of work; or
(iii) an associate's degree in early
childhood or related field, with a plan of study leading to a bachelor's degree
or a New York State children's program administrator credential; two years of
full-time teaching experience in a child care center, family or group family
day care home or other early childhood program; and two years of experience
supervising staff in a child care program or a related field of work;
or
(iv) a child development
associate credential or other office-recognized credential, with a plan of
study leading to a bachelor's degree or a New York State children's program
administrator credential; two years of full-time teaching experience in a child
care center, family or group family day care home or other early childhood
program; and two years of experience supervising staff in a child care program
or a related field of work.
(2) To be qualified as a group teacher for a
preschool class, a person must possess either:
(i) an associate's degree in early childhood,
child development or related field; or
(ii) a child development associate credential
or other office-recognized credential specific to the preschool developmental
period; and one year experience related to caring for children; or
(iii) nine college credits in early
childhood, child development or a related field, with a plan of study leading
to a child development associate credential, other office-recognized credential
specific to the preschool developmental period, or an associate's degree in
early childhood, child development or a related field; and two years of
experience related to caring for children.
(3) To be qualified as a group teacher for an
infant or toddler class, a person must possess either:
(i) an associate's degree in early childhood,
child development or a related field; and one year of experience related to
caring for infants and toddlers; or
(ii) an infant and toddler child care and
education credential, infant toddler child development associate credential or
other office-recognized credential specific to the infant/toddler development
period; and two years of experience related to caring for children;
or
(iii) a child development
associate credential; and two years of experience related to caring for
children, one of which must be related to caring for infants or toddlers;
or
(iv) nine college credits in
early childhood, child development or a related field, with a plan of study
leading to an infant and toddler child care and education credential, infant
toddler child development associate credential, other office-recognized
credential specific to the infant/toddler developmental period or an
associate's degree in early childhood, child development or a related field;
and two years of experience related to caring for children, one of which must
be related to caring for infants or toddlers.
(4) To be qualified as a group teacher for a
school age class, a person must possess either:
(i) an associate's degree in child
development, elementary education, physical education, recreation or related
field; or
(ii) a school-age child
care credential or other office-recognized credential specific to the
school-age developmental period; and one year of experience working with
children less than 13 years of age; or
(iii) a high school diploma or its
equivalent; and two years of direct experience working with children less than
13 years of age.
(5) To
be qualified as an assistant teacher to any age class, a person must possess
either:
(i) a high school diploma or its
equivalent; or
(ii) one year of
experience working with children less than 13 years of age.
| Education | Experience | ||
| Person responsible for program supervision functions (director) | Bachelor's degree including, or in addition to, 12 credits in early childhood, child development or related field | AND | One year of full-time teaching experience in a child day care center, family or group family day care home or other early childhood program |
| AND | |||
| One year of experience supervising staff in a child care program or a related field of work | |||
| OR | |||
| New York State children's program administrator credential | AND | One year of full-time teaching experience in a child day care center, family or group family day care home or other early childhood program | |
| AND | |||
| One year of experience supervising staff in a child care program or a related field of work | |||
| OR | |||
| Associate's degree in early childhood or related field with a plan of study leading to: * a bachelor's degree; or * a New York State children's program administrator credential | AND | Two years of full-time teaching experience in a child day care center, family or group family day care home, or other early childhood program | |
| AND | |||
| Two years of experience supervising staff in a child care program or a related field of work | |||
| OR | |||
| Child development associate credential or other office-recognized credential with a plan of study leading to: * a bachelor's degree; or * a New York State children's program administrator credential | AND | Two years of full-time teaching experience in a child day care center, family or group family day care home, or other early childhood program | |
| AND | |||
| Two years of experience supervising staff in a child care program or a related field of work | |||
| Group teacher for preschoolers | Associate's degree in early childhood; child development or related field | AND | No additional experience necessary |
| OR | |||
| Child development associate credential or other office-recognized credential specific to the preschool developmental period | AND | One year of experience related to caring for children | |
| OR | |||
| Nine college credits in early childhood, child development or a related field, with a plan of study leading to a: * child development associate credential; * other office-recognized credential specific to the preschool developmental period; or * associate's degree in early childhood, child development or a related field | AND | Two years experience related to caring for children | |
| Group teacher for infants/toddlers | Associate's degree in early childhood, child development or related field | AND | One year of experience related to caring for infants and toddlers |
| OR | |||
| " infant and toddler child care and education credential; or * infant toddler child development associate credential; or * other office-recognized credential specific to the infant/toddler development period | AND | Two years of experience related to caring for children | |
| OR | |||
| Child development associate credential | AND | Two years of experience caring for children, one of which must be related to caring for infants or toddlers | |
| OR | |||
| Nine college credits in early childhood, child development or a related field, with a plan of study leading to a: * infant and toddler child care and education credential; or * infant toddler child development associate credential; or * other office-recognized credential specific to the infant/toddler development period; or * associate's degree in early childhood, child development or a related field | AND | Two years of experience related to caring for children, one of which must be related to working with infants or toddlers | |
| Group teacher for school-age children | Associate's degree in child development, elementary education, physical education, recreation or a related field | AND | No additional experience required |
| OR | |||
| School-age child care credential or other office-recognized credential specific to the school-age developmental period | AND | One year of experience working with children less than 13 years of age | |
| OR | |||
| High school diploma or its equivalent | AND | Two years of direct experience working with children less than 13 years of age | |
| Assistant teacher (all age groups) | High school diploma or its equivalent | OR | One year of experience working with children less than 13 years of age |
(h) The provisions of subdivision (g) of this section notwithstanding, persons holding positions in a child day care center prior to the effective date of these regulations who met the qualifications which were in effect at the time they were hired may continue to be employed in such positions.
(i) No person other than a director, group teacher or assistant teacher may supervise a group independently even for brief periods of time, except in an emergency.
(j) The minimum age of a staff person is 16 years of age.
(k) Plan of Study.
(1) All staff with plans of
study, including plans of study permitted through a waiver request, must submit
their approved plan and supporting enrollment documentation as directed by the
office.
(2) All staff must maintain
on site and submit, as directed by the office, documentation demonstrating
continuous progress in their approved plan of study at least
annually.
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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