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Day Care Providers


The following are the types of day care providers:

Licensed Providers

Day Care Centers

Day Care Centers are licensed providers who provide care for more than six children at one time in a facility that has been approved by the State of New York.

Group Family Day Care Providers

Group Family Day Care Providers care for up to 12 children at a time in a residence and may add one to two school-age children. A provider must use an assistant when more than six children are present. They are licensed by the State of New York.

Registered Providers

Family Day Care Providers

Family Day Care Providers care for up to six children at a time in a residence. They may add one to two school-age children (maximum allowable number depends on children's ages). They are registered by the NYS Office of Children and Family Services. Registered providers may provide overnight care as long as they are in compliance with New York State Regulation 417.3(c), 417.7 (a) and 417.8 (a).

School-Age Child Care

School-age child care facilities care for more than six children. They, generally, serve school-age children from kindergarten through age 12 and care for children during non-school hours. They also may provide care during school vacation periods and holidays.

If you are interested in becoming a registered child care provider in Erie County, or have questions regarding licensing or licensed child care, please contact the NYS Office of Children and Family Services at (716) 847-3828.

Legally-Exempt Child Care Providers

Legally Exempt Child Care Providers are required to enroll with Child Care Resource Network at 1000 Hertel Ave., Buffalo, NY 14216. Child Care Resource Network is a resource for providers throughout Erie County. It is the primary child care referral source in the county. Child Care Resource Network also administers the USDA Food Program, provides mini-grants to help providers, and holds training and meetings to benefit child care providers.

Legally-Exempt Group Child Care is provided by caregivers meeting State requirements but are not required to be licensed or required with New York State. Caregivers of Legally-Exempt Group Child Care include:

1. Pre-kindergarten or nursery school program for children three years of age or older, or a program for school-age children conducted during non-school hours, operated by a public school district or by a private school or academy which is providing elementary or secondary education - or both - in accordance with the compulsory education requirements of the Education law, provided that such pre-kindergarten, nursery school or school-age program is located on the premises or campus where the elementary or secondary education is provided.

2. A nursery school or program for for preschool-age children operated by a nonprofit agency or organization or a private proprietary agency whch provides services for three or less hours per day.

3. A summer school day camp for children under 13 years or age operated by a nonprofit agency or organization or a private propietary agency in accordance with Subpart 7-2 of the State Sanitary Code.

4. A day care center, family day care home or other child care program located on federal property and operated in compliance with federal laws and regulations for such child care services.

Legally-Exempt Family or In-Home Child Care Providers must meet the standard of legal care as set forth by the State of New York including but not limited to the folllowing:

1. Must be 18 years old or meet the minimum requirements of employment for minors.

2. If she or he is providing child care as a relative, she or he may be eligible to be paid unless she or he is legally responsible for the child in care. If she or he is not a relative, and she or he is caring for a child outside the child's home, she or he cannot provide care for more than two children for more than 3 hours per day (in addition to his/her own children). She or he may provide care for more than 2 children if it is less than 3 hours per day.

3. Must meet Health and Safety guidelines as set by the State of New York.

4. Legally-exempt family child care providers are required to submit criminal and medical attestations for themselves and all household members 18 years of age and older. The medical attestation determines if the provider/household members are physically and mentally fit to provide care. The criminal attestation requests information on any prior convictions and general health/safety questions relating to children in their care.

5. The provider and parent must jointly complete a Home Safety Checklist. The provider must meet all of the requirements and agree to abide by all the health and safety conditions before she or he can be enrolled. The provider must also agree to a home safety on-site inspection by the CCRN.

6. A criminal background check is conducted on all legally-exempt family child care providers and household members 18 years of age and older, per local district policy.

Referral Services:

The Child Care Resource Network can assist you with a list of day care providers in your area.

Child Care Resource Network
1000 Hertel Avenue; Buffalo, NY 14216; 877-6666

www.wnychildren.org