KinderCare Learning Center

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6). From a complaint.

A prospective director, employee or volunteer may begin to work or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home after completing the check described in paragraphs (1) or (2) of subdivision (a) of this section.

Rule 413.4(d)(5). From a complaint.

The written medical statement from the health care provider must also state whether the child is a child with special health care needs and, if so, what special provisions, if any, will be necessary in order for the child to participate in child day care. When the written statement from the health care provider advises the day care program that the child being enrolled is a child with special health care needs, the day care program must work together with the parent and the child’s health care provider to develop a reasonable health care plan for the child while the child is in the child day care program. The health care plan for the child must also address how the day care program will obtain or develop any additional competencies that the staff will need to have in order to carry out the health care plan for the child.

Rule 418-1.11(a)(2). From a complaint.

The program must keep documentation of immunizations the child has received to date, in accordance with New York State Public Health Law.

Rule 418-1.11(a)(3). From a complaint.

The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program’s health care consultant unless the only medications to be administered are:

Rule 418-1.11(c)(1). From a complaint.

In the case of medication that needs to be given on an ongoing, long-term basis, the authorization and consent forms for children under the age of 5 years of age must be reauthorized at least once every six months. Any changes in the medication authorization related to dosage, time or frequency of administration shall require a program to obtain new instructions written by the licensed authorized prescriber. All other changes to the original medication authorization require a change in the prescription.

Rule 418-1.11(f)(21). From a complaint.

Staff authorized to administer medication who agrees to administer medications to a child must do so, unless they observe the circumstances, if any, specified by the health care provider or the medication label, under which the medication must not be administered. In such instances, the staff must contact the parent immediately.

Rule 418-1.11(f)(6). From a complaint.

At the time of administration, the staff must document the dosages and time that the medications are given to the child.

Rule 418-1.11(f)(9)(i). From a complaint.

The program must obtain a written statement from the parent of each infant in care setting forth the breast milk, formula and feeding schedule instructions for the infant and must be updated as changes are made.

Rule 418-1.12(w). From a complaint.

The program must develop a plan for introducing age appropriate solid foods in consultation with the parent.

Rule 418-1.12(y). From a complaint.

Programs must follow safety plans developed by the Office when allegations of risk of harm to child(ren) against the program, staff, volunteer or visitor are under investigation.

Rule 418-1.15(b)(31). From a complaint.

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6). From a complaint.

A temperature of at least 68 degrees Fahrenheit must be maintained in all rooms to be occupied by children.

Rule 418-1.3(d). From a complaint.

Evacuation drills must be conducted at least monthly during various hours of operation of the child day care center.

Rule 418-1.4(b)(1). From a complaint.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and

Rule 418-1.5(a)(1)(i). From a complaint.

Protective caps, covers or permanently installed obstructive devices must be used on all electrical outlets that are accessible to children.

Rule 418-1.5(y). From a complaint. Corrected during the inspection.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

The child day care center must provide supervision of the staff responsible for the care of children. Workloads and assignments must be arranged to provide consistency of care to children and to allow staff to fulfill their respective responsibilities.

Rule 418-1.8(c). From a complaint.

The program must immediately call 911 for children who require emergency medical care and also must:

Rule 418-1.11(h)(1).

Individual children’s food allergies must be posted in a discreet location visible only to staff.

Rule 418-1.12(am).

Staff must take steps to prevent a child’s exposure to the foods to which the child is allergic.

Rule 418-1.12(an).

The program must obtain a written statement from the parent of each infant in care setting forth the breast milk, formula and feeding schedule instructions for the infant and must be updated as changes are made.

Rule 418-1.12(w).

Pursuant to New York Public Health Law Section 2500-h, the program must comply with the anaphylaxis policy jointly issued by the Office and the New York State Department of Health and any amendments thereto. The program must notify the parent of any child in care of the anaphylaxis policy when the child is enrolled and annually thereafter. Notification shall include contact information for parents to engage further with the program to learn more about individualized aspects of the anaphylaxis policy.

Rule 418-1.5(ad).

The written medical statement from the health care provider must also state whether the child is a child with special health care needs and, if so, what special provisions, if any, will be necessary in order for the child to participate in child day care. When the written statement from the health care provider advises the day care program that the child being enrolled is a child with special health care needs, the day care program must work together with the parent and the child’s health care provider to develop a reasonable health care plan for the child while the child is in the child day care program. The health care plan for the child must also address how the day care program will obtain or develop any additional competencies that the staff will need to have in order to carry out the health care plan for the child.

Rule 418-1.11(a)(2). From a complaint.

The director and all teachers must have knowledge of and access to children’s medical records and all emergency information.

Rule 418-1.11(b)(12). From a complaint.

Staff must be aware of each child’s special health care needs identified in the child’s individual health care plan. This includes, but is not limited to, allergies, disabilities and medical conditions.

Rule 418-1.11(b)(13). From a complaint.

The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program’s health care consultant unless the only medications to be administered are:

Rule 418-1.11(c)(1). From a complaint.

Prescription medication labels must include the following information or be available through the licensed authorized prescriber on the form provided by the Office or equivalent form: Date authorized;

Rule 418-1.11(f)(16)(iii). From a complaint.

Prescription medication labels must include the following information or be available through the licensed authorized prescriber on the form provided by the Office or equivalent form: Name of medication and dosage;

Rule 418-1.11(f)(16)(iv). From a complaint.

Medications must be kept in a clean area that is inaccessible to children.

Rule 418-1.11(f)(17). From a complaint.

For children eighteen months of age and older, prescription medications, oral over-the-counter medications, medicated patches, and eye, ear, or nasal drops or sprays, can be administered by the program for one day only, with the oral approval of the parent. If prescription medications, oral over-the-counter medications, medicated patches, and eye, ear, or nasal drops or sprays are to be administered on a subsequent day or an ongoing basis, written permission from the parent and written instructions from the health care provider must have been provided to the program prior to such administration.

Rule 418-1.11(f)(7)(iii). From a complaint.

The program must immediately call 911 for children who require emergency medical care and also must:

Rule 418-1.11(h)(1). From a complaint.

A written Individual Health Care Plan must be developed for the child;

Rule 418-1.11(h)(5)(i). From a complaint.

Staff and volunteers must thoroughly wash their hands with soap and running water at the beginning of each day, before and after the administration of medications, when they are dirty, after toileting or assisting children with toileting, after changing a diaper, before and after food handling or eating, after handling pets or other animals, after contact with any bodily secretion or fluid, and after coming in from outdoors.

Rule 418-1.11(i)(1). From a complaint.

Staff and volunteers must ensure that children thoroughly wash their hands or assist children with thoroughly washing their hands with soap and running water when they are dirty, after toileting, before and after food handling or eating, after handling pets or other animals, after contact with any bodily secretion or fluid, and after coming in from outdoors.

Rule 418-1.11(i)(2). From a complaint.

Either disposable towels or individual cloth towels for each child must be used. If individual cloth towels are used, they must be laundered daily.

Rule 418-1.11(i)(3)(iii). From a complaint.

All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program’s health care plan approved by the Office.

Rule 418-1.11(i)(6). From a complaint.

Food service and storage, including refrigeration of milk and other perishable foods or formula, must comply with the requirements of Part 14 of the State Sanitary code.

Rule 418-1.12(al). From a complaint.

Staff and volunteers must be mature, of good character and possess suitable personal qualifications.

Rule 418-1.13(a)(1). From a complaint.

Each child day care center must operate in compliance with the regulations of the Office and all other applicable laws and regulations.

Rule 418-1.15(a)(1)(ii). From a complaint.

Upon termination or resignation of the director: An acting director must be immediately named by the licensee.

Rule 418-1.15(b)(23)(i). From a complaint.

Upon termination or resignation of the director: The appointment of the acting director must be shared with the Office by the next day of business.

Rule 418-1.15(b)(23)(ii). From a complaint.

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6). From a complaint.

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6). From a complaint.

A temperature of at least 68 degrees Fahrenheit must be maintained in all rooms to be occupied by children.

Rule 418-1.3(d). From a complaint.

The diaper changing area must be as close as possible to a sink with soap and hot and cold running water. This area or sink must not be used for food preparation.

Rule 418-1.3(l)(4). From a complaint. Corrected during the inspection.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

Play equipment must be installed and used in accordance with the manufacturer’s specifications and instructions, be in good repair, and be placed in a safe location.

Rule 418-1.5(n)(2). From a complaint.

Protective caps, covers or permanently installed obstructive devices must be used on all electrical outlets that are accessible to children.

Rule 418-1.5(y). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

The child day care center must provide supervision of the staff responsible for the care of children. Workloads and assignments must be arranged to provide consistency of care to children and to allow staff to fulfill their respective responsibilities.

Rule 418-1.8(c). From a complaint.

The child day care center must provide supervision of the staff responsible for the care of children. Workloads and assignments must be arranged to provide consistency of care to children and to allow staff to fulfill their respective responsibilities.

Rule 418-1.8(c). From a complaint.

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children’s safety and ensuring the orderly operation of the program.

Rule 418-1.8(n). From a complaint.

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children’s safety and ensuring the orderly operation of the program.

Rule 418-1.8(n). From a complaint.

Carpets contaminated with body fluids must be spot cleaned.

Rule 418-1.11(i)(10). From a complaint.

Garbage receptacles must be covered, and cleaned as needed after emptying.

Rule 418-1.11(i)(12). From a complaint.

Toilet facilities must be kept clean at all times, and must be supplied with toilet paper, soap and towels accessible to the children.

Rule 418-1.11(i)(18)(i). From a complaint.

All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program’s health care plan approved by the Office.

Rule 418-1.11(i)(6). From a complaint.

Food must be prepared and stored in a safe and sanitary manner and served at appropriate intervals.

Rule 418-1.12(d). From a complaint.

Where meals are furnished by the child day care center, the servings must be in portions suitable for the size and age of the children in care including infants. There must be a sufficient amount of food available to children to permit second helpings of nutritious food.

Rule 418-1.12(h). From a complaint.

Each child day care center must operate in compliance with the regulations of the Office and all other applicable laws and regulations.

Rule 418-1.15(a)(1)(ii). From a complaint.

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: daily attendance records, which must be filled out at the time a child arrives and departs, and must include arrival and departure times;

Rule 418-1.15(c)(5). From a complaint. Corrected during the inspection.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

The following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for young children to swallow.

Rule 418-1.5(aa). From a complaint.

Daily supervised outdoor play is required for all children in care, except during inclement or extreme weather or unless otherwise ordered by a health care provider. Parents may request and programs may permit children to remain indoors during outdoor play time so long as such children will be supervised in accordance with section 418-1.8 of this Subpart.

Rule 418-1.7(k). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

The child day care center must provide supervision of the staff responsible for the care of children. Workloads and assignments must be arranged to provide consistency of care to children and to allow staff to fulfill their respective responsibilities.

Rule 418-1.8(c). From a complaint.

When a child care center is in operation, an adequate number of qualified teachers must be on duty to ensure the health and safety of the children in care.

Rule 418-1.8(j). From a complaint.

A written assessment of the child’s developmental readiness is required to be kept on file.

Rule 418-1.8(l)(5)(i). From a complaint.

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children’s safety and ensuring the orderly operation of the program.

Rule 418-1.8(n). From a complaint.

Except for Office approved continuity of care classrooms, infants may never be mixed with other age groups.

Rule 418-1.8(l)(7). From a complaint.

A temperature of at least 68 degrees Fahrenheit must be maintained in all rooms to be occupied by children.

Rule 418-1.3(d). From a complaint.

The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program’s health care consultant unless the only medications to be administered are:

Rule 418-1.11(c)(1).

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: daily attendance records, which must be filled out at the time a child arrives and departs, and must include arrival and departure times;

Rule 418-1.15(c)(5).

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a).

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Rule 418-1.5(v).

Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher’s range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child’s age emotional, physical, and cognitive development.

Rule 418-1.8(a).

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children’s safety and ensuring the orderly operation of the program.

Rule 418-1.8(n).

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Rule 418-1.5(v). Corrected during the inspection.

Each staff person and volunteer must complete a minimum of thirty (30) hours of training every two years. The required thirty (30) hours of training every two years is subject to the following conditions:

Rule 418-1.14(c). From a complaint. Corrected during the inspection.

Each staff person and volunteer must complete a minimum of thirty (30) hours of training every two years. The required thirty (30) hours of training every two years is subject to the following conditions: Fifteen (15) of the required thirty (30) hours of training must be obtained during the person’s first six months at the program.

Rule 418-1.14(c)(1). From a complaint.

When a child care center is in operation, an adequate number of qualified teachers must be on duty to ensure the health and safety of the children in care.

Rule 418-1.8(j). From a complaint.

All containers or bottles of, breast milk, formula or other individualized food items must be clearly marked with the child’s complete name.

Rule 418-1.12(z). Corrected during the inspection.

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6). Corrected during the inspection.

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Rule 418-1.5(v). Corrected during the inspection.

Each child day care center must operate in compliance with the regulations of the Office and all other applicable laws and regulations.

Rule 418-1.15(a)(1)(ii).

a criminal history record check with the New York State Division of Criminal Justice Services;

Rule 413.4(a)(1). From a complaint.

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: a current daily schedule documenting the arrival and departure times of each staff person and volunteers;

Rule 418-1.15(c)(12). From a complaint.

Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher’s range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child’s age emotional, physical, and cognitive development.

Rule 418-1.8(a). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

Child care center staff must personally make, or cause to be made, an immediate report to the Statewide Central Register of Child Abuse and Maltreatment by telephone, followed by a written report within 48 hours, in the form and manner prescribed by the Office, to the child protective service of the social services district in the county in which the child resides.

Rule 418-1.10(c)(1). From a complaint.

The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program’s health care consultant unless the only medications to be administered are:

Rule 418-1.11(c)(1). From a complaint.

Medications must be kept in a clean area that is inaccessible to children.

Rule 418-1.11(f)(17). From a complaint.

In the case of medication that needs to be given on an ongoing, long-term basis, the authorization and consent forms for children under the age of 5 years of age must be reauthorized at least once every six months. Any changes in the medication authorization related to dosage, time or frequency of administration shall require a program to obtain new instructions written by the licensed authorized prescriber. All other changes to the original medication authorization require a change in the prescription.

Rule 418-1.11(f)(21). From a complaint.

A written Individual Health Care Plan must be developed for the child;

Rule 418-1.11(h)(5)(i). From a complaint.

All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program’s health care plan approved by the Office.

Rule 418-1.11(i)(6). From a complaint.

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious incident,

Rule 418-1.15(b)(14)(ii). From a complaint.

The staff and volunteers must be in good health and be of good character and habits.

Rule 418-1.15(b)(4). From a complaint.

Evacuation drills must be conducted at least monthly during various hours of operation of the child day care center.

Rule 418-1.4(b)(1). From a complaint.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

Sleeping surfaces, including bedding, which is the removable and washable portion of the sleeping environment, must not come in contact with the sleeping surfaces of another child’s rest equipment during storage. Mats and cots must be stored so that the sleeping surfaces do not touch when stacked.

Rule 418-1.7(u). From a complaint.

Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher’s range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child’s age emotional, physical, and cognitive development.

Rule 418-1.8(a). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

for 3-year-old children: there must be one teacher for every seven children;

Rule 418-1.8(k)(4)(i). From a complaint.

Child’s first and last name for patient-specific prescriptions;

Rule 418-1.11(f)(16)(i). From a complaint.

Garbage receptacles must be covered, and cleaned as needed after emptying.

Rule 418-1.11(i)(12). From a complaint.

Individual drinking cups or disposable cups must be provided daily. Once a drinking cup or eating utensils have been used by a child they may not be used by another child unless they are washed first.

Rule 418-1.11(i)(14). From a complaint.

Toilet facilities must be kept clean at all times, and must be supplied with toilet paper, soap and towels accessible to the children.

Rule 418-1.11(i)(18)(i). From a complaint.

Children must be kept clean and comfortable at all times. Diapers must be changed when wet or soiled. The diaper changing area must be as close as possible to a sink with soap and hot and cold running water. This area or sink must not be used for food preparation. Diaper changing surfaces must be cleaned and disinfected after each use with an Environmental Protection Agency (EPA) registered product that has an EPA registration number on the label.

Rule 418-1.11(i)(18)(iii). From a complaint.

When more than one child in the program is being toilet trained, potty chairs must be emptied, cleaned and then sanitized or disinfected after each use with an Environmental Protection Agency (EPA) registered product that has an EPA registration number on the label.

Rule 418-1.11(i)(18)(viii). From a complaint.

Staff and volunteers must ensure that children thoroughly wash their hands or assist children with thoroughly washing their hands with soap and running water when they are dirty, after toileting, before and after food handling or eating, after handling pets or other animals, after contact with any bodily secretion or fluid, and after coming in from outdoors.

Rule 418-1.11(i)(2). From a complaint.

All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program’s health care plan approved by the Office.

Rule 418-1.11(i)(6). From a complaint.

All containers or bottles of, breast milk, formula or other individualized food items must be clearly marked with the child’s complete name.

Rule 418-1.12(z). From a complaint.

Peeling or damaged paint or plaster must be repaired.

Rule 418-1.3(h). From a complaint.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

Protective caps, covers or permanently installed obstructive devices must be used on all electrical outlets that are accessible to children.

Rule 418-1.5(y). From a complaint.

Each program must provide a sufficient quantity and variety of materials and play equipment appropriate to the ages of the children and their developmental levels and interests, including children with developmental delays or disabilities, which promote the children’s cognitive, educational, social, cultural, physical, emotional, language and recreational development.

Rule 418-1.7(c). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

a criminal history record check with the New York State Division of Criminal Justice Services;

Rule 413.4(a)(1). From a complaint.

All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program’s health care plan approved by the Office.

Rule 418-1.11(i)(6). From a complaint.

All containers or bottles of, breast milk, formula or other individualized food items must be clearly marked with the child’s complete name.

Rule 418-1.12(z). From a complaint.

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: a current daily schedule documenting the arrival and departure times of each staff person and volunteers;

Rule 418-1.15(c)(12). From a complaint.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Rule 418-1.5(v). From a complaint.

Sleeping surfaces, including bedding, which is the removable and washable portion of the sleeping environment, must not come in contact with the sleeping surfaces of another child’s rest equipment during storage. Mats and cots must be stored so that the sleeping surfaces do not touch when stacked.

Rule 418-1.7(u). From a complaint.

Garbage receptacles must be covered, and cleaned as needed after emptying.

Rule 418-1.11(i)(12).

Staff and volunteers must ensure that children thoroughly wash their hands or assist children with thoroughly washing their hands with soap and running water when they are dirty, after toileting, before and after food handling or eating, after handling pets or other animals, after contact with any bodily secretion or fluid, and after coming in from outdoors.

Rule 418-1.11(i)(2).

Either disposable towels or individual cloth towels for each child must be used. If individual cloth towels are used, they must be laundered daily.

Rule 418-1.11(i)(3)(iii).

All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program’s health care plan approved by the Office.

Rule 418-1.11(i)(6).

All containers or bottles of, breast milk, formula or other individualized food items must be clearly marked with the child’s complete name.

Rule 418-1.12(z).

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: daily attendance records, which must be filled out at the time a child arrives and departs, and must include arrival and departure times;

Rule 418-1.15(c)(5).

Peeling or damaged paint or plaster must be repaired.

Rule 418-1.3(h).

Buildings, systems and equipment must be kept in good repair and operate as designed.

Rule 418-1.3(o)(2).

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a).

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Rule 418-1.5(v).

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children’s safety and ensuring the orderly operation of the program.

Rule 418-1.8(n).

Any abuse or maltreatment of a child is prohibited. A day care center must prohibit and may not tolerate or in any manner condone an act of abuse or maltreatment by an staff, volunteer or any other person. An abused child or maltreated child means a child defined as an abused child or maltreated child pursuant to Section 412 of the Social Services Law.

Rule 418-1.10(a). From a complaint.

In accordance with the provisions of Sections 413 and 415 of the Social Services Law, child care center staff must immediately report any suspected incidents of child abuse or maltreatment concerning a child receiving child care to the Statewide Central Register of Child Abuse and Maltreatment, or cause such a report to be made, when such staff have reasonable cause to suspect that a child coming before them in their capacity as child care center workers is an abused or maltreated child. This must be done in the following manner:

Rule 418-1.10(c). From a complaint.

All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program’s health care plan approved by the Office.

Rule 418-1.11(i)(6). From a complaint.

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious incident,

Rule 418-1.15(b)(14)(ii). From a complaint.

The staff and volunteers must be in good health and be of good character and habits.

Rule 418-1.15(b)(4). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

The program must establish and follow a written plan for behavior management that is acceptable to the office. This plan must include how the staff will approach challenging behaviors, help children solve problems and encourage acceptable behaviors.

Rule 418-1.9(a). From a complaint.

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

Rule 418-1.9(m). From a complaint.

The staff and volunteers must be in good health and be of good character and habits.

Rule 418-1.15(b)(4). From a complaint.

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6). From a complaint. Corrected during the inspection.

Each program must provide a sufficient quantity and variety of materials and play equipment appropriate to the ages of the children and their developmental levels and interests, including children with developmental delays or disabilities, which promote the children’s cognitive, educational, social, cultural, physical, emotional, language and recreational development.

Rule 418-1.7(c). From a complaint.

for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

Rule 418-1.8(k)(3)(i). From a complaint.

for children between ages 18 months old and 36 months old: the maximum group size is twelve children.

Rule 418-1.8(k)(3)(ii). From a complaint.

Except for Office approved continuity of care classrooms, infants may never be mixed with other age groups.

Rule 418-1.8(l)(7). From a complaint.

Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following:

Rule 418-1.13(b). From a complaint.

Programs must follow safety plans developed by the Office when allegations of risk of harm to child(ren) against the program, staff, volunteer or visitor are under investigation.

Rule 418-1.15(b)(31). From a complaint.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Rule 418-1.5(v). From a complaint.

Except while sleeping, awaking or going to sleep, an infant must not be left in a crib, playpen or other confined space for more than 30 minutes at any one time. Other than at meals or snack time, a child must not be left in a high chair for longer than 15 minutes.

Rule 418-1.7(l). From a complaint.

Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher’s range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child’s age emotional, physical, and cognitive development.

Rule 418-1.8(a). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

The child day care center must provide supervision of the staff responsible for the care of children. Workloads and assignments must be arranged to provide consistency of care to children and to allow staff to fulfill their respective responsibilities.

Rule 418-1.8(c). From a complaint.

Except for Office approved continuity of care classrooms, infants may never be mixed with other age groups.

Rule 418-1.8(l)(7). From a complaint.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

Staff and volunteers must ensure that children thoroughly wash their hands or assist children with thoroughly washing their hands with soap and running water when they are dirty, after toileting, before and after food handling or eating, after handling pets or other animals, after contact with any bodily secretion or fluid, and after coming in from outdoors.

Rule 418-1.11(i)(2).

All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program’s health care plan approved by the Office.

Rule 418-1.11(i)(6).

No child may be accepted for care in a child care program unless the program has been furnished with a written statement signed by a health care provider verifying that the child is able to participate in child care and currently appears to be free from contagious or communicable diseases. A child’s medical statement must have been completed within the 12 months preceding the date of enrollment.

Rule 418-1.11(a)(1). From a complaint.

The written medical statement from the health care provider must also state whether the child is a child with special health care needs and, if so, what special provisions, if any, will be necessary in order for the child to participate in child day care. When the written statement from the health care provider advises the day care program that the child being enrolled is a child with special health care needs, the day care program must work together with the parent and the child’s health care provider to develop a reasonable health care plan for the child while the child is in the child day care program. The health care plan for the child must also address how the day care program will obtain or develop any additional competencies that the staff will need to have in order to carry out the health care plan for the child.

Rule 418-1.11(a)(2). From a complaint.

The program must keep documentation of immunizations the child has received to date, in accordance with New York State Public Health Law.

Rule 418-1.11(a)(3). From a complaint.

Garbage receptacles must be covered, and cleaned as needed after emptying.

Rule 418-1.11(i)(12). From a complaint.

All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program’s health care plan approved by the Office.

Rule 418-1.11(i)(6). From a complaint.

All containers or bottles of, breast milk, formula or other individualized food items must be clearly marked with the child’s complete name.

Rule 418-1.12(z). From a complaint.

Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following:

Rule 418-1.13(b). From a complaint.

Peeling or damaged paint or plaster must be repaired.

Rule 418-1.3(h). From a complaint.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

The following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for young children to swallow.

Rule 418-1.5(aa). From a complaint.

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Rule 418-1.5(v). From a complaint.

Other than for school age children, sleeping and napping arrangements must be made in writing between the parent and the program. Such arrangements shall include: the area of the program where the child will nap; whether the child will nap on a cot, mat, bed or a crib; and how the napping child will be supervised, consistent with the requirements of section 418-1.8 of this Subpart.

Rule 418-1.7(o). From a complaint.

Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher’s range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child’s age emotional, physical, and cognitive development.

Rule 418-1.8(a). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

The child day care center must provide supervision of the staff responsible for the care of children. Workloads and assignments must be arranged to provide consistency of care to children and to allow staff to fulfill their respective responsibilities.

Rule 418-1.8(c). From a complaint.

for children between ages 6 weeks old and 18 months old: there must be one teacher for every four children;

Rule 418-1.8(k)(2)(i). From a complaint.

Except for Office approved continuity of care classrooms, infants may never be mixed with other age groups.

Rule 418-1.8(l)(7). From a complaint.

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children’s safety and ensuring the orderly operation of the program.

Rule 418-1.8(n). From a complaint.

Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following:

Rule 418-1.13(b). From a complaint.

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Rule 418-1.5(v). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

for children between ages 6 weeks old and 18 months old: there must be one teacher for every four children;

Rule 418-1.8(k)(2)(i). From a complaint.

for children between ages 6 weeks old and 18 months old: the maximum group size is eight children.

Rule 418-1.8(k)(2)(ii). From a complaint.

for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

Rule 418-1.8(k)(3)(i). From a complaint.

for children between ages 18 months old and 36 months old: the maximum group size is twelve children.

Rule 418-1.8(k)(3)(ii). From a complaint.

A written assessment of the child’s developmental readiness is required to be kept on file.

Rule 418-1.8(l)(5)(i). From a complaint.

Infants six months of age or younger must be held while being bottle-fed. Infants older than six months must be held while being bottle fed until the infant consistently demonstrates the capability of holding the bottle and ingesting an adequate portion of the contents thereof.

Rule 418-1.12(ag). Corrected during the inspection.

Children may not be placed in the crib with a bottle, food or drink.

Rule 418-1.12(aj). Corrected during the inspection.

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: a current daily schedule documenting the arrival and departure times of each staff person and volunteers;

Rule 418-1.15(c)(12).

for children between ages 6 weeks old and 18 months old: there must be one teacher for every four children;

Rule 418-1.8(k)(2)(i).

Any abuse or maltreatment of a child is prohibited. A day care center must prohibit and may not tolerate or in any manner condone an act of abuse or maltreatment by an staff, volunteer or any other person. An abused child or maltreated child means a child defined as an abused child or maltreated child pursuant to Section 412 of the Social Services Law.

Rule 418-1.10(a). From a complaint.

Child care center staff must personally make, or cause to be made, an immediate report to the Statewide Central Register of Child Abuse and Maltreatment by telephone, followed by a written report within 48 hours, in the form and manner prescribed by the Office, to the child protective service of the social services district in the county in which the child resides.

Rule 418-1.10(c)(1). From a complaint.

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious incident,

Rule 418-1.15(b)(14)(ii). From a complaint.

Children unable to sleep during nap time shall not be confined to a sleeping surface (cot, crib, etc) but instead must be offered a supervised place for quiet play.

Rule 418-1.7(w). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children’s safety and ensuring the orderly operation of the program.

Rule 418-1.8(n). From a complaint.

Corporal punishment is prohibited. For the purposes of this Subpart, the term corporal punishment means punishment inflicted directly on the body including, but not limited to, physical restraint, spanking, biting, shaking, slapping, twisting or squeezing; demanding excessive physical exercise, prolonged lack of movement or motion, or strenuous or bizarre postures; and compelling a child to eat or have in the child’s mouth soap, foods, hot spices or irritants or the like.

Rule 418-1.9(j). From a complaint.

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

Rule 418-1.9(m). From a complaint.

To be qualified as a group teacher for a preschool class, a person must possess either:

Rule 418-1.13(g)(2). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

Rule 418-1.9(m). From a complaint.

The program must obtain a written statement from the parent of each infant in care setting forth the breast milk, formula and feeding schedule instructions for the infant and must be updated as changes are made.

Rule 418-1.12(w). From a complaint.