All My Children

Pending notification of completion of all required background check components in subdivision (a) of this section, a prospective director, employee or volunteer must always be supervised by an individual who received a qualifying result on the background checks described in paragraph (a) of this section within the past five years. A provisional director, employee or volunteer shall not have unsupervised contact with children in care.

Rule 413.4(d)(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.

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.

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.

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 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.

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 programs that substantially modify, or install new, outside play equipment must do so in accordance with the U.S. Consumer Product Safety Commission’s Public Playground Safety Handbook.

Rule 418-1.5(n)(5). 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.

In consideration of a child’s developmental readiness, appropriateness of the classroom environment, the level of care the child requires and the needs of the other children in care, the center may move a toddler to the next age group when that child is within three months of their third birthday.

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

Except for Office approved continuity of care classrooms, children under three years of age may not participate in mixed age groups except for limited periods of time at the beginning and end of the child day care center’s daily operation.

Rule 418-1.8(l)(8). 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).

Staff and volunteers must each submit a medical statement on forms furnished by the Office or an approved equivalent from a health care provider:

Rule 418-1.11(b)(1).

The initial medical statement for staff and volunteers must include the results of a Mantoux tuberculin test or other federally approved tuberculin test performed within the 12 months preceding the date of the application.

Rule 418-1.11(b)(6).

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).

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).

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).

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

Rule 418-1.8(k)(4)(i).

In consideration of a child’s developmental readiness, appropriateness of the classroom environment, the level of care the child requires and the needs of the other children in care, the center may move a toddler to the next age group when that child is within three months of their third birthday.

Rule 418-1.8(l)(5).

Except for Office approved continuity of care classrooms, children under three years of age may not participate in mixed age groups except for limited periods of time at the beginning and end of the child day care center’s daily operation.

Rule 418-1.8(l)(8).

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.

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.

If television or other electronic visual media is used, it must be part of a planned developmentally appropriate program with an educational, social, physical or other learning objective that includes identified goals and objectives. Television and other electronic visual media must not be used solely to occupy time.

Rule 418-1.7(h). 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.

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).

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).

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).

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).

Television and other electronic visual media must be turned off when not part of a planned developmentally appropriate program activity.

Rule 418-1.7(h)(1). Corrected during the inspection.

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). Corrected during the inspection.

Whenever the child day care center is in operation and the director is away from the premises, there must be a staff person designated to act on behalf of the director, who is knowledgeable about the programs operation and policies.

Rule 418-1.8(g). Corrected during the inspection.

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). Corrected during the inspection.

A safety strap must be fastened around children who are seated in high chairs.

Rule 418-1.5(ab)(2). Corrected during the inspection.

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

Rule 418-1.11(i)(12). 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.

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.

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.

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.

In consideration of a child’s developmental readiness, appropriateness of the classroom environment, the level of care the child requires and the needs of the other children in care, the center may move a toddler to the next age group when that child is within three months of their third birthday.

Rule 418-1.8(l)(5). 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.

Peeling or damaged paint or plaster must be repaired.

Rule 418-1.3(h).

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).

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).

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

Rule 418-1.13(a)(1).

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).

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 corridors, aisles, and approaches to exits must be kept unobstructed at all times.

Rule 418-1.4(f)(2). From a complaint.

As age and development permit, children must be allowed freedom of movement and must be provided with an environment designed to develop such skills as crawling, standing, walking and running.

Rule 418-1.7(d). 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.

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.

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 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.

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.

Peeling or damaged paint or plaster must be repaired.

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

All corridors, aisles, and approaches to exits must be kept unobstructed at all times.

Rule 418-1.4(f)(2). 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. Corrected during the inspection.

a database check of the Statewide Central Register of Child Abuse and Maltreatment in accordance with section four hundred twenty-four-a of the Social Services Law.

Rule 413.4(a)(4).

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). Corrected during the inspection.

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).

Suitable precautions must be taken to eliminate all conditions which may contribute to or create a fire hazard.

Rule 418-1.4(a). 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).

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). Corrected during the inspection.

Every closet door latch that is accessible to children must be constructed to enable children to open the door from inside the closet.

Rule 418-1.5(s)(1).

Operating carbon monoxide detectors and alarms must be located in accordance with applicable laws.

Rule 418-1.5(t).

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).

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).

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

Rule 418-1.12(am).

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.

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). Corrected during the inspection.

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).

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). Corrected during the inspection.