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New York Day Care Centers – What Staff to Children Ratio Requirements Apply Under New York Law?

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.8, Supervision of Children, New York Codes, Rules and Regulations (NYCRR), child care centers must employ staff sufficient to meet the minimum standards for staff to children ratios.

The following staff to children ratios apply to child care centers:

Age of Children Staff to Child Ratio
Under 6 weeks old 1 Staff Member for Every 3 Children
6 Weeks to 18 Months 1 Staff Member for Every 4 Children
18 Months to 26 Months 1 Staff Member for Every 5 Children
3 Years Old Group 1 Staff Member for Every 7 Children
4 Years Old Group 1 Staff Member for Every 8 Children
5 Years Old Group 1 Staff Member for Every 9 Children

There are other rules and regulations when groups are mixed. Also, there are limitations set forth in the regulations as to what age groups can be mixed at what time periods in child care centers.

The facility must employ staff that promote the physical, intellectual, cultural, social and emotional well being of children in the child care center. It is vital that child care centers hire the right people for the job as well as the right number of people for proper supervision of the children.