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Early Care and Learning in New York State: - page 19 / 41

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Legally-Exempt Providers Certain types of child care providers are legally-exempt from licensing and registration requirements of OCFS. Providers of child care in a residence who are caring for no more than two children not related to the provider within the third degree of consanguinity for more than three hours a day or are caring for children in the children’s

own home are legally-exempt providers.

Additionally, certain

settings, such as summer day camps and school-operated legally exempt from OCFS licensing requirements.

child

providers in group care programs, are

In order to be eligible to receive payment on behalf of a child care subsidy recipient, legally-exempt providers must be enrolled by a legally-exempt caregiver enrollment agency on either a temporary or final basis. Legally-exempt providers must complete an enrollment packet, attest that they meet minimum health and safety requirements found in 18 NYCRR section 415.4(f)(7), and furnish a sworn statement asserting that they have provided the child’s guardian with true and accurate information concerning whether:

  • they, any employees, volunteers, or, for legally-exempt family child care providers, members of their households age 18 or over, have been convicted of a crime or have been the subject of an indicated report of child abuse or maltreatment;

  • they have ever had a license or registration denied, suspended, or revoked; and,

  • they have ever had their parental rights terminated or had a child removed from their care.

Legally-exempt caregiver enrollment agencies check whether the legally-exempt family or in-home child care provider, any employees, volunteers, or, for legally-exempt family child care providers, members of their households age 18 or over, are listed on the New York State Sex Offender Registry. The enrollment agencies also review the Child Care Facility System to determine if the legally-exempt family or in-home child care provider

has a history of having a day care license

in

New

York

State.

Additionally,

each

or registration denied, suspended, or social services district checks each

revoked legally-

exempt family and in-home child care provider caring against its child welfare databases to determine if parental rights terminated, or had a child removed services districts can require that additional criteria Child and Family Services Plans.

for its child care subsidy recipient the provider has had his or her from his/her care. Further, social be met as part of their approved

Enrollment agencies are required to conduct annual inspections of 20% of legally- exempt family child care providers that do not participate in the federal Child and Adult Care Food Program.16 Inspections of legally-exempt family child care homes increased

16Legally exempt family child care providers who participate in the Child and Adult Care Food Program (CACFP) are not included in the 20% annual inspections requirement because these providers are visited by CACFP monitors three times annually. In the course of these visits, monitors may identify issues related to the quality of child care. 19

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