New York Childcare Licensing
New York Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in New York, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. In New York, care for fewer than three children is not a regulated family day care home; a "family day care home" registration is required when child day care is provided to three to six children for more than three hours per day per child, and a "child day care center" license is required when care is provided on a regular basis to more than six children for more than three hours per day per child (18 NYCRR 413.2).
Licensing Agency
New York State Office of Children and Family Services →Last updated: April 2026
Researched by the TotReady Research TeamNew York License Exemption Threshold: The Specifics
In New York, care for fewer than three children is not a regulated family day care home
18 NYCRR 413.2
a "family day care home" registration is required when child day care is provided to three to six children for more than three hours per day per child, and a "child day care center" license is required when care is provided on a regular basis to more than six children for more than three hours per day per child (18 NYCRR 413.2).
18 NYCRR 413.2
A New York family day care home may care for a maximum of six children younger than school age, or eight children when at least two of the eight are school-aged, and must have at least one caregiver present for every two children under age two (18 NYCRR 417.8(j))
18 NYCRR 417.8(j)
a group family day care home may care for 7 to 12 children, or up to 16 children when up to 4 additional school-age children attend only when school is not in session and an assistant is present (18 NYCRR 413.2
18 NYCRR 413.2
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New York License Exemption Threshold: Frequently Asked Questions
How many children can I care for in New York without a license?
In New York, care for fewer than three children is not a regulated family day care home; a "family day care home" registration is required when child day care is provided to three to six children for more than three hours per day per child, and a "child day care center" license is required when care is provided on a regular basis to more than six children for more than three hours per day per child (18 NYCRR 413.2).
What is the penalty for operating unlicensed in New York?
Operating above the New York exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the New York State Office of Children and Family Services about the correct credential before you begin.
Does New York offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether New York offers a voluntary registry with the New York State Office of Children and Family Services.
New York childcare licensing rules are amended regularly. This page is compiled from published New York administrative codes and statutes for informational purposes only — always verify current requirements with the New York State Office of Children and Family Services before relying on them. TotReady provides information and document templates, not legal or regulatory advice.