2024 CCDF rule update: The U.S. Department of Health and Human Services tightened CCDBG attendance documentation requirements. New York providers receiving subsidy payments must maintain verifiable attendance records. The January 2026 ACF proposed rule may restore state flexibility, but documentation requirements remain in effect during the comment period.
| Licensing agency | New York State Office of Children and Family Services — Division of Child Care Services |
| Regulatory code | 18 NYCRR Part 418-1 (Child Day Care Centers) |
| Infant ratio (center) | 1:4 (max group: 8) |
| Toddler ratio (center) | 1:5 (max group: 12) |
| Preschool ratio (center) | Contact agency (max group: —) |
| Subsidy program | Child Care Assistance Program (CCAP) / NY State OCFS |
| CCDBG payment model | Attendance-based |
| Digital attendance required | Yes — attendance must be documented for CCAP reimbursement |
New York childcare center: Staff-to-child ratio requirements
New York licensed childcare centers must maintain specific staff-to-child ratios at all times as required by New York State Office of Children and Family Services under 18 NYCRR Part 418-1 (Child Day Care Centers).
| Age group |
Staff:child ratio |
Max group size |
Regulation |
| Infant (0–18 months) |
1:4 |
8 |
NY OCFS 18 NYCRR Part 418-1.8 |
| Toddler (18–36 months) |
1:5 |
12 |
NY OCFS 18 NYCRR Part 418-1.8 |
| Preschool (3–5 years) |
Contact agency |
— |
NY OCFS 18 NYCRR Part 418-1.8 |
Source: 18 NYCRR Part 418-1 (Child Day Care Centers). Always verify current ratios directly with OCFS before making staffing decisions.
New York childcare licensing agency
All childcare programs in New York must be licensed by New York State Office of Children and Family Services through the Division of Child Care Services. The agency conducts pre-licensing inspections, issues licenses, and performs ongoing compliance monitoring.
| Agency | New York State Office of Children and Family Services |
| Division | Division of Child Care Services |
| Website | https://ocfs.ny.gov/programs/childcare/ |
| Regulatory code | 18 NYCRR Part 418-1 (Child Day Care Centers) |
| Last verified | March 2026 |
What changed for New York childcare providers in 2024–2026
2024
HHS CCDF final rule — attendance documentation tightened. The U.S. Department of Health and Human Services issued a final rule requiring all states to tighten CCDBG attendance tracking. New York providers receiving subsidy payments must maintain verifiable, date-stamped attendance records for each subsidized child.
Jan 2026
ACF proposed rule — state flexibility may be restored. The Administration for Children and Families published a Notice of Proposed Rulemaking (NPRM) that would allow states to choose between enrollment-based and attendance-based payment models. The rule was in the public comment period as of early 2026. Check
acf.hhs.gov for the latest status.
New York CCDBG / subsidy compliance requirements
New York’s Child Care and Development Fund (CCDF) subsidy program — Child Care Assistance Program (CCAP) / NY State OCFS — is administered by NY OCFS (Office of Children and Family Services). Providers accepting subsidy-funded children must meet attendance documentation requirements to receive reimbursement.
| Program name | Child Care Assistance Program (CCAP) / NY State OCFS |
| Administering agency | NY OCFS (Office of Children and Family Services) |
| Payment model | Attendance-based; generous absence policy |
| Digital attendance required | Yes — attendance must be documented for CCAP reimbursement |
| Absence policy | Up to 80 absence days per child per provider per state fiscal year are reimbursable |
NY already has attendance-based payment; HHS rule change tightens documentation requirements even further. 80-day absence policy means precise tracking is essential to stay within threshold
Brightwheel helps New York providers stay compliant.
Digital attendance tracking, parent sign-in/sign-out, and subsidy billing — built for New York childcare programs navigating the 2024 CCDF rule change.
Digital attendance logs
Timestamped check-in/out records satisfy NY documentation requirements and create an audit-ready trail.
Subsidy billing
Invoice Child Care Assistance Program (CCAP) / NY State OCFS and private-pay families from one platform — no dual systems needed.
Parent sign-in/sign-out
PIN-based parent check-in creates a verifiable attendance record for every drop-off and pickup.
See how brightwheel automates compliance for New York providers →
Frequently asked questions: New York childcare licensing
Does New York require a license to operate a childcare center?
Yes — New York requires all childcare centers serving children in a group setting to be licensed by New York State Office of Children and Family Services (OCFS). Licensing ensures programs meet minimum standards for staff-to-child ratios, director qualifications, facility safety, and health requirements. Operating without a license is prohibited and may result in fines or closure.
What are the staff-to-child ratios for childcare centers in New York?
New York licensed childcare centers must maintain the following minimum ratios: infants (under 18 months): 1:4; toddlers (18–36 months): 1:5; preschool age (3–5 years): Contact agency These ratios are set under 18 NYCRR Part 418-1 (Child Day Care Centers). Always verify current requirements with OCFS.
How does New York handle CCDBG subsidy attendance documentation?
New York’s subsidy program is administered through Child Care Assistance Program (CCAP) / NY State OCFS under NY OCFS (Office of Children and Family Services). Attendance-based; generous absence policy. NY already has attendance-based payment; HHS rule change tightens documentation requirements even further. 80-day absence policy means precise tracking is essential to stay within threshold
What agency licenses childcare in New York?
Childcare programs in New York are licensed by New York State Office of Children and Family Services — Division of Child Care Services. The regulatory framework is 18 NYCRR Part 418-1 (Child Day Care Centers). Visit https://ocfs.ny.gov/programs/childcare/ for official licensing applications, regulations, and contacts.
How long does it take to get a childcare license in New York?
The timeline to obtain a childcare center license in New York typically ranges from 2–6 months depending on application completeness, background check processing, and scheduling of the required pre-licensing inspection. Applicants should contact New York State Office of Children and Family Services early in the planning process. Programs may not operate until the license is issued.
Does the 2024 HHS rule change affect New York childcare providers?
Yes — the 2024 CCDF final rule from the U.S. Department of Health and Human Services tightened attendance documentation requirements for all states receiving CCDBG funding, including New York. New York providers receiving CCAP/subsidy payments must maintain accurate, verifiable attendance records. The January 2026 ACF proposed rule may restore some state flexibility, but documentation requirements remain in effect while the rule is under review.
County-specific childcare requirements in New York
Childcare licensing in New York is set at the state level — the same standards apply statewide. However, local requirements vary by county for zoning approvals, conditional use permits, fire safety inspections, health permits, and business licenses. Below are compliance guides for New York’s 10 largest counties by population.
Sources & references
This page was compiled from official government sources. Always verify current requirements directly with New York State Office of Children and Family Services before making licensing or compliance decisions.
Disclaimer: This page is for informational purposes only and should not be construed as legal or compliance advice. Childcare licensing requirements change frequently. Always verify current requirements directly with New York State Office of Children and Family Services at
https://ocfs.ny.gov/programs/childcare/ before making compliance decisions. Last verified: April 2026.
