N.Y. Comp. Codes R. & Regs. tit. 18 § 416.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 416.13 - Caregiver qualifications

(a) The provider, assistant(s), and substitutes must each meet the following qualifications:

(1) be at least 18 years old;

(2) have a minimum of either two years of experience caring for children under six years of age, or one year of experience caring for children under six years of age plus six hours of training or education in early childhood development. The phrase experience caring for children can mean child-rearing as well as paid and unpaid experience caring for children. The term training can mean educational workshops and courses in caring for preschool-age children;

(3) be capable of providing, and agree to provide, safe and suitable care to children which is supportive of the children's physical, intellectual, emotional and social well-being;

(4) provide to the office the names, addresses and daytime telephone numbers of at least two acceptable references, other than relatives. At least one of the references must be able to attest to the employment history, work record and qualifications, if the person had ever been employed outside the home. At least one of the references must be able to attest to the character, habits and personal qualifications to be a group family day care provider, assistant, or substitute; and

(5) submit a satisfactory medical statement, as required in section 416.11(b) of this Part.

(b) All child day care providers, employees, volunteers and any person age eighteen (18) or older living or who begins to live in a group family day care home are required to comply with the criminal history review provisions of this Part and Part 413 of this Title.

(c) All child day care providers, employees, volunteers and any person age eighteen (18) or older living or who begins to live in a group family day care home hired after June 30, 2013 must comply with the background check requirements for 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.

(d) All child day care providers, employees, volunteers and any person age eighteen (18) or older living or who begins to live in a group family day care home are required to complete a Statewide Central Register database check.

(e) A person applying to be the provider must have completed a health and safety training as required in section 416.14(a) of this Part before being approved for that role.

(f) A person is not approved to be a caregiver until the child care program receives written approval from the office.

(g) After completion of required inquiries to the Statewide Central Register of Child Abuse and Maltreatment as provided for in this section and all other criminal history review and background clearances as provided for in section 413.4 of this Title, the office shall notify the applicant and program whether the applicant is authorized or unauthorized to care for children based on the outcome of such inquiries.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 416.13

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020