Parent Services
Top 10 Child Care Regulatory Violations
The New York State Office of Children and Family Services Day Care Regulations exist in order to keep the children in your day care safe and healthy. Staying in compliance with the regulations can be a challenge. This is why regular inspections of your day care are conducted. The goal of an inspection is to help providers comply with the regulations and provide children with a safe and healthy child care program. The following list was compiled by SUNY Training Strategies Group. Providers in
1. 417.5 (a) Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.
2. 417.5 (j) All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers, and must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.
3. 417.11 (e) Other than children who are enrolled in kindergarten or a higher grade, no child may be accepted for care in a family day care home unless the provider has been furnished with a written statement signed by a health care provider verifying that the child is able to participate in child day care, currently appears to be free from contagious or communicable disease, and is receiving health care, including appropriate health examinations in accordance with the American Academy of Pediatrics schedule of such care and examinations. Such documentation must state that the child has received age-appropriate immunizations in accordance with New York State Public Health Law.
4. 417.5 (m) A working telephone must be in the home. Emergency telephone numbers for the fire department, local or state police or sheriff's department, poison control center, and ambulance service must be posted conspicuously on or next to the telephone. Devices used for purposes of call blocking shall not be used to block in-coming calls from parents or legal guardians of children in care, representatives of the Office or agents of the state or local government during the hours of operation of the child day care program.
5. 417.4 (d) Multi-purpose fire extinguishers of a type approved for use in residences must be maintained in good working condition and placed in the kitchen and outside the furnace room. A family day care provider located in a multiple family dwelling is not required to place or maintain a fire extinguisher outside the furnace room of such dwelling. The caregivers must know how to use the fire extinguishers placed in such home. Fire extinguishers with gauges must show a full charge. Fire extinguishers with seals must have unbroken seals.
6. 417.4 (c) Operating smoke detectors must be used in all family day care homes. There must be one smoke detector on each floor of the home. A smoke detector must be located outside each area used for naps. Where smoke detectors operate from electric power within the home, such detectors must have a battery powered back-up energy source, or battery powered smoke detectors must be used as a back-up system.
7. 417.4 (b) Evacuation drills must be conducted at least monthly during the hours of operation of the family day care home. If evening and/or night care is provided, such drills must be conducted monthly during each shift of care. The provider must maintain on file a record of each evacuation drill conducted using forms provided by the Office or approved equivalents.
8. 417.5(f)(2) Each family day care provider must ensure that adequate barriers exist to prevent children from gaining access to unsafe, dangerous or hazardous areas or devices. Such areas and devices include, but are not limited to, holes, pits, wood and coal burning stoves, fireplaces and permanently installed gas space heaters.
9.417.5 (b) The provider must submit a written plan for the emergency evacuation of children from the premises for each shift of care provided (day, evening, night), using a form furnished by the Office or an approved equivalent form. Primary emphasis must be placed on the immediate evacuation of children. The plan, as approved by the Office, must be posted in a conspicuous place in the home or filed in a place in the home which is available to the parents of the children in care. The approved emergency evacuation plan must describe how children and adults will be made aware of an emergency, primary and secondary evacuation routes, methods of evacuation, including where children and adults will meet after evacuating the home, how attendance will be taken, and notification of authorities and the children's parents.
10.417.11 (c) The provider must retain on file in the family day care home a statement from a health care provider for each person residing in the family day care home. Such statement must be completed within 12 months preceding the date of the application and must state that the person residing in the home has no health conditions which would endanger the health of children receiving day care in the home.