How to Start a Daycare in New York (2026)

Last updated: February 25, 2026

Starting a daycare in New York requires navigating one of the most thorough licensing systems in the country. The New York State Office of Children and Family Services (OCFS) regulates all child care programs, with mandatory background checks including FBI fingerprinting, 15 hours of pre-service health and safety training, strict staff-to-child ratios, and ongoing training requirements. In New York City, group child care centers for children under 6 are regulated by a separate agency – the NYC Department of Health and Mental Hygiene (DOHMH). This guide covers every step of the process from either path.

Daycare Requirements in New York at a Glance

Requirement	Agency	Cost	Timeline
LLC Formation	NY Department of State	$200	2-3 business days
LLC Publication Requirement	County Clerk + DOS	$250-$1,550+	Within 120 days
OCFS License/Registration (outside NYC centers)	OCFS	No application fee	Several weeks to months
NYC DOHMH Center Permit (NYC centers under 6)	NYC DOHMH	$200	~10 business days after complete submission
FBI/DCJS Fingerprinting (per person)	IDEMIA / OCFS	~$100	3-6 weeks processing
SCR Background Check (per person)	OCFS	$25	Included in processing
15-Hour Health & Safety Training	OCFS-approved provider	$50-$150	Before license issued
CPR/First Aid Certification	Approved provider	$50-$100	Before opening
Workers’ Comp / DBL / PFL	WCB / Carrier / NYSIF	Varies	Before hiring employees
Liability Insurance	Private Carrier	$1,000-$5,000+/year	Before license issued

How to Start a Daycare in New York (Step by Step)

Step 1: Choose Your Program Type

New York has five categories of regulated child care. Your choice depends on the setting and number of children:

Program Type	Capacity	Setting	Authorization Type
Family Day Care (FDC)	3-6 children (up to 8 with school-age)	Provider’s home	Registration
Group Family Day Care (GFDC)	7-12 children (up to 16 with school-age)	Provider’s home	License
Small Day Care Center (SDCC)	3-6 children	Non-residential facility	License
Day Care Center (DCC)	7+ children	Non-residential facility	License
School-Age Child Care (SACC)	7+ children (ages 5-12)	Non-residential facility	Registration

Any program serving 3 or more children for more than 3 hours per day on a regular basis must be licensed or registered with OCFS.

NYC exception: In New York City, group child care centers serving children under 6 (in non-residential settings) are regulated by the NYC Department of Health and Mental Hygiene (DOHMH) under Article 47 of the NYC Health Code, not OCFS. Family day care, group family day care, and school-age care in NYC are still handled through OCFS.

Step 2: Complete the OCFS Orientation

Before you can receive an application, you must complete a free online orientation through OCFS (approximately 1.5 hours). After completion, you can request an application package through the FAMS (Facility Application Management System) using your NY.GOV account.

Your application must be submitted within 90 days of being issued.

Step 3: Complete Background Checks

New York requires Comprehensive Background Checks (CBC) for all individuals involved in child care:

Who Must Be Checked

All employees (full-time, part-time, substitutes)
Volunteers with unsupervised child access
All household members age 18+ (home-based programs)
Administrative staff with building access

Five Required Background Checks

FBI fingerprint-based criminal history check (national database)
NYS DCJS fingerprint-based criminal history check (state database)
Statewide Central Register (SCR) of Child Abuse and Maltreatment
Staff Exclusion List (SEL)
National Sex Offender Registry

Costs and Processing

Fingerprinting: ~$100 per person (paid to IDEMIA at time of appointment)
SCR check: $25 per person (certified check or money order to OCFS)
Processing time: 3-6 weeks (6-8 weeks for complex cases, longer in NYC)
SCR clearances valid for 3 years
If there’s a break in service over 180 days, all checks must be redone

Step 4: Complete Required Training

Pre-Service Training

You must complete 15 hours of Health and Safety Training from an OCFS-approved provider before your license or registration is issued. This is typically offered through local Child Care Resource and Referral (CCR&R) agencies. Cost: $50-$150.

CPR and First Aid

At least one person on site must hold a valid Adult and Pediatric CPR/First Aid certificate at all times during operation. Cost: $50-$100.

Ongoing Training (30 Hours Every 2 Years)

All directors, employees, and providers must complete 30 hours of training every 2 years (minimum 5 hours annually, with at least 15 hours in the first 6 months of employment). Training must cover OCFS’s 10 required topic areas including child development, safety, nutrition, and child abuse identification.

Other Required Training

Mandated Reporter Training: Free online through OCFS (all child care staff are mandated reporters)
Domestic Violence Awareness: 1-hour course for NYC-specific programs

Step 5: Prepare Your Facility

Indoor Space Requirements

Minimum 35 square feet of usable indoor space per child (excluding hallways, bathrooms, kitchens, offices, storage)
1 toilet and 1 wash basin per every 20 children
Adequate and safe water supply

Outdoor Space

Recommended 75 square feet per child
Must be safely enclosed and readily accessible

Fire Safety and Building Compliance

Compliance with NYS Fire Code and Building Code
Monthly fire/evacuation drills during various hours
Fire safety inspection as part of licensing
Zoning compliance verification
Lead paint inspection (required in NYC)

Step 6: Submit Application and Pass Inspection

Submit your completed application through FAMS with all supporting documentation including floor plans, background check forms, training certificates, and insurance proof. After review, OCFS schedules a compliance inspection to verify facility safety and regulatory compliance.

Estimated timeline from orientation to license: several weeks to several months depending on how quickly you complete all requirements.

Staff-to-Child Ratios (Day Care Centers)

Age Group	Staff-to-Child Ratio	Maximum Group Size
Under 6 weeks	1:3	6
6 weeks to 18 months	1:4	8
18 months to 36 months	1:5	12
3 years	1:7	18
4 years	1:8	21
5 years	1:9	24
School-age through 9	1:10	20
10-12 years	1:15	30

Key rules: Infants may never be mixed with other age groups. When mixing age groups, ratios must match the youngest child present.

Director Qualifications (Day Care Centers)

The director must have a bachelor’s degree including or in addition to 12 credits in Early Childhood, Child Development, or a related field, plus one year of full-time teaching experience in a child care program. Alternative pathways exist for certified teachers.

NYC Group Child Care Center Permit (DOHMH)

If you’re opening a center-based program for children under 6 in New York City, you go through DOHMH instead of OCFS:

Attend a mandatory pre-permit orientation at a borough office
Complete a site viability inspection application
Obtain a Food Protection Certificate ($114 course)
Submit documentation and pass inspections

Item	Cost
NYC DOHMH permit (application/renewal)	$200
Food Protection Course	$114
Fingerprinting	~$110 per person

Permits are valid for 2 years. Applications are processed within approximately 10 business days after complete submission. Learn more at NYC Business – Group Child Care Center Permit.

Cost to Start a Daycare in New York

Item	Cost	Notes
LLC formation + publication	$450-$1,750	$200 filing + $250-$1,550 publication
OCFS licensing application	No fee	Orientation and application are free
NYC DOHMH permit (NYC centers only)	$200	2-year permit
Fingerprinting (per person)	~$100	Required for all staff/household members
SCR background check (per person)	$25	Certified check to OCFS
Health & Safety Training (15 hours)	$50-$150	Pre-service requirement
CPR/First Aid certification	$50-$100	Must have certified person on-site
Food Protection Certificate (NYC)	$114	NYC DOHMH centers only
Liability insurance (annual)	$1,000-$5,000+	Required for licensing
Workers’ comp / DBL / PFL	Varies	Mandatory if you have employees
Facility preparation	$5,000-$50,000+	Renovations, equipment, supplies, fencing

Estimated total startup cost (home-based family daycare): $2,000-$10,000

Estimated total startup cost (center-based): $15,000-$75,000+ (depending on facility renovations needed)

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Frequently Asked Questions

How many children can I care for in a home daycare in New York?

A Family Day Care can serve 3-6 children (up to 8 if some are school-age). A Group Family Day Care can serve 7-12 children (up to 16 with school-age). Both operate from the provider’s home and require OCFS registration or licensing.

What background checks are required for daycare staff in New York?

Five checks are required: FBI fingerprint criminal history, NYS DCJS criminal history, Statewide Central Register (SCR) of Child Abuse, Staff Exclusion List, and National Sex Offender Registry. All staff, volunteers with unsupervised access, and household members 18+ (home-based) must be checked. Fingerprinting costs ~$100 per person, SCR check is $25.

How long does it take to get a daycare license in New York?

Several weeks to several months depending on how quickly you complete training, background checks, facility preparation, and the inspection process. Background checks alone take 3-6 weeks. NYC DOHMH center permits can be processed in about 10 business days after a complete submission.

What training is required to run a daycare in New York?

You must complete 15 hours of pre-service Health and Safety Training before your license is issued, plus CPR/First Aid certification. After opening, all staff need 30 hours of continuing training every 2 years (minimum 5 hours annually). All child care workers are mandated reporters and must complete free online training.

Is the NYC daycare licensing different from the rest of the state?

Yes, for center-based programs. In NYC, group child care centers serving children under 6 are regulated by the NYC DOHMH (permit fee: $200), not OCFS. Family day care, group family day care, and school-age programs in NYC are still handled through OCFS. The DOHMH process includes a pre-permit orientation, site viability inspection, and Food Protection Certificate ($114).

What are the staff-to-child ratios for a daycare in New York?

Ratios depend on age: 1:4 for infants (6 weeks-18 months), 1:5 for toddlers (18-36 months), 1:7 for 3-year-olds, 1:8 for 4-year-olds, and 1:9 for 5-year-olds. Infants may never be mixed with other age groups. When mixing ages, ratios must match the youngest child present.

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About the Author

Robert Smith has run a licensed private investigation firm for 8 years from the Florida-Georgia state line - where he learned firsthand how wildly business licensing rules differ between states just miles apart. He personally researched requirements across all 50 states and D.C., reviewing hundreds of government sources over hundreds of hours to build guides he wished existed when he started. Not a lawyer or accountant - just a business owner who has done the research so you don't have to.

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