OCFS or its designee performed a total of 48,387, 48,166, and 46,123 inspections (for any reason, including initial licensing or registration, renewal, and/or complaints) of regulated child care settings in 2006, 2007, and 2008 respectively (see Appendix D for a count of the number of inspections by county, year, and the type of child care). Inspections may result in no violations being found or one or more violations of different severity levels: non-emergency, serious, or imminent danger (see Figure 2 below for a summary of the outcome of inspections by the highest severity level of violations from 2006 to 2008 and Appendix E for a detailed county by county analysis).
Figure 2. Distribution of the outcome of inspections of licensed and registered child care providers by the highest level of violation found, 2006 to 2008. Source: OCFS Child Care Facility System database.
% of Inspections
100% 90% 80% 70% 60% 50% 40%
Imminent Danger Violations (<0.2%)
Over half of all inspections in 2006, 2007, and 2008 resulted in no violations being cited. According to New York State Social Services Law, Section 390-II, providers may be subject to a civil penalty of no more than $500 per day for violations (a maximum of $500, $200, or $50 per day for imminent danger, serious, or non-emergency violations, respectively). In Title 18 of the New York Code of Rules and Regulations (NYCRR) section 413.3(f)(3)(i) imminent danger (or Class 1) violations are defined as violations of regulatory requirements which are causing, have caused, or could reasonably be expected to cause harm to a child; places a child at risk of death; may lead to serious or protracted disfigurement or protracted impairment of physical or emotional health. Imminent danger violations require an urgent need for intervention in order to avoid harm or risk of harm. Fewer than 100 inspections (less than .2%) in each year resulted in any imminent danger violations in 2006, 2007, or 2008. Serious violations (or Class 2) are defined in 18 NYCRR section 413.3(f)(3)(ii) as violations of regulatory requirements which place a child at risk of physical, mental, or emotional harm due to corporal punishment; inadequate or incomplete supervision; inadequate ventilation, sanitation,