New York rulebook · checked October 2026

Watching Kids at Home in New York: How Many Before You Need a License?

In New York, you may watch up to 2 counted children before a license is required.

The New York line, in facts

Licensing agency: New York State Office of Children and Family Services (OCFS) — Division of Child Care Services

The line: In New York, you may watch up to 2 counted children before a license is required.

The categories above the line

Category	Capacity	What it means
Family Day Care Home (registered)	up to 6	3 to 6 children for more than 3 hours a day. After an OCFS inspection you may care for 7–8 children when no more than 6 are under school age and the rest are school-age children in before/after-school, lunch, holiday or school-closed care.
Group Family Day Care Home (licensed)	up to 12	7 to 12 children of all ages, plus up to 4 additional school-age children in before/after-school periods (16 at those times). An assistant is required when 7 or more children are present in the conditions the rules specify.

What comes with the license

Ratios: One caregiver for every 2 children under age 2 (Social Services Law §390(1)(e)) — the under-2 rule binds in both family and group family homes; above that age, capacity itself is the limit.
Training before you open:
Training to stay open:
State fees:
Realistic timeline:

What catches people in New York

New York's regulated definition turns on HOURS as much as heads: more than 2 children for less than 3 hours a day per child is outside 'child day care.'
Legally-exempt providers who want to be paid with subsidy must enroll with the local district — enrolled legally-exempt family care caps at 8 children total.

Rules checked October 2026 · Sources: N.Y. Social Services Law § 390(1)(d)–(e) (family and group family day care definitions; 1:2 under-2 rule); 18 NYCRR Part 413 (definitions), Part 417 (family day care), Part 416 (group family day care); 18 NYCRR 415.1 / 415.13 (legally-exempt care); OCFS Division of Child Care Services. This page reads the published rules; it is not legal advice, and the New York State Office of Children and Family Services (OCFS) — Division of Child Care Services is the final word.

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