Group Child Care Regulations in NYC

Effective today, September 1, 2008 the recently reenacted Article 47 of the New York City Health Code will guide the regulation and operation of group child care programs in New York City. The changes in the code reflect an update on how the various modalities of child care services are delivered in NYC and several changes in the process for program operators to obtain or re-new their license or operating permit.

It is important for every child care business owner to thoroughly know and understand the regulations for operating a safe and quality child care business. Throughout September and October we will use this blog to discuss the highlights of changes to the DOHMH child care regulations.

Child Care services are, and should be, highly regulated. Pre-school age children in group settings without their parents are totally dependent upon the preparation, planning and best judgment of their care givers. Over time regulators have used experience, observation, anecdotal information, and sadly, the results of tragedies to determine staffing ratios and operating procedures that will best protect young children when things are going as planned, as well as when something out of the ordinary happens. According to 47:23 of the regulations, the minimum ratio of staff to children and group size is as follows:

For children under 12 months old the adult/child ratio is one adult for every 4 children (1:4) or (1:3) with no more than 8 children per group; For children 12 to 24 months , the adult/child ratio is one adult to five children (1:5) with the group size limited to 10 children. The ratio for children 2 years to under 3 years is one adult to every 6 children (1:6) with the group size limited to 12 children. The adult/child ratio for children 3 years old to under 4 is 1adult to every 10 children (1:10) with the group size limited to 15 children. For children 4 years to under 5, the adult/child ratio is one adult for every 12 children, with group size limited to 20 children. And finally for children 5 years old to under 6 years old the adult/child ratio is one adult to every 15 children (1:15) with the group size limited to 25 children.

Basically there was no change in the regulations for staff/child ratios and group size except in the case of children under 12 months of age. When the staff/child ratio in 1:4 the program must demonstrate that it has enough staff on the premises to bring the ratio to 1:3 in case of an emergency.

Of course there are other considerations that affect the number of children allowed in a group and the maximum group size. You will be guided through these issues by the DOHMH consultant assigned to your program.

The staffing ratio and group size allows for each child to be observed and receive individualized attention and nurturing throughout the day. It also increases the likelihood that in an emergency staff will be able to move all of the children to safety. The required staffing in the classroom at all times, plus a well rehearsed emergency plan for evacuation and/or crisis management is the responsible way to go. Over enrollment of children is a risk that none of us should be willing to take. Not only does it jeopardize your liability, it puts lives at greater risk should something un-thinkable happen.

To get much more information and commentary about the reenacted Article 47 child care regulations…. become a premium member of the CCBCNY.com website.
You may also go directly to the DOHMH website at www.nyc.gov/dohmh.com