(i) Each small day care center must obtain a registration from the office. No person or entity may operate a small child day care center without a registration from the office.

(ii) Each small day care center must operate in compliance with the regulations of the office and all other applicable laws and regulations.

(iii) Each small day care center must operate in compliance with all emergency health guidance promulgated by the Department of Health in the interest of public health during a designated public health emergency. Provided that, during a designated public health emergency, any relevant emergency directives from the executive chamber or from the Department of Health shall supersede regulations of the office in the case of any conflict.

(i) Information relating to an individual child is confidential and cannot be disclosed without written parental permission to anyone other than the office, its designees or other persons authorized by law.

(ii) Information relating to an individual child may be disclosed to a social services district where the child receives a day care subsidy from the district, where the child has been named in a report of alleged child abuse or maltreatment, or as otherwise authorized by law.

(iii) Redisclosure of confidential HIV-related information, as defined in section 360-8.1 of the Public Health Law, concerning a child receiving child day care is not permitted except in a manner consistent with article 27-F of the Public Health Law.

(i) unlimited and on demand access to such child;

(ii) the right to inspect all parts of the building used for child day care or which could present a hazard to the health or safety of the child whenever the parent requests at any time during the hours of operation of the small child day care center;

(iii) unlimited and on demand access to the registrant and caregivers whenever such child is in care or during the normal hours of operation; and

(iv) unlimited and on demand access to written records concerning such child except where access to such records is otherwise restricted by law.

(i) The parents of all children receiving care in a small day care center equipped with electronic monitoring devices or surveillance cameras installed for the purpose of allowing parents to view their children in the day care setting by means of the internet must be informed that cameras will be used for this purpose. All staff of the small day care center must also be informed if video surveillance cameras will be used for this purpose.

(ii) All parents of children enrolled in the day care center and all staff and volunteers of the small day care center must be made aware of the locations of all video surveillance cameras used at the small day care center.

(iii) Small day care centers opting to install and use electronic monitoring devices or surveillance cameras must comply with all State and Federal laws applicable to the use of such equipment.

(iv) Electronic monitoring devices or surveillance cameras may not be used as a substitute for competent direct supervision of children.

(v) Electronic monitoring devices or surveillance cameras are permitted to transmit images of children in common rooms, hallways and play areas only. Bathrooms and changing areas must remain private and free of all video surveillance equipment.

(vi) Small day care centers that use electronic monitoring devices or surveillance cameras must allow inspectors and other representatives of the office to have access to such equipment and to have viewing privileges as required by the office.

(vii) Parents of children, staff and volunteers must be notified when electronic monitoring devices or surveillance cameras are used.

(viii) Small day care centers opting to allow parents to view their children in the day care setting by means of the internet must use and maintain adequate internet security measures at all times. Such measures include but are not limited to: frequent changes of passwords; filtering measures that prohibit public access to or viewing of day care activities via the internet; and immediate corrective action in response to any report of abuse of the system or inappropriate access. Such small day care centers must also advise the parents having access to views of the small day care center through the internet of the importance of security in regard to such viewing and of the importance of the privacy rights of other children who may be viewed.

(i) The small day care center must admit inspectors and other representatives of the office onto the grounds and premises at any time during the hours of operation of the center. Inspectors and representatives of the office must be given free access to the building or buildings used by the center, staff, volunteers and children and any records of the center.

(ii) A small day care center must cooperate with inspectors and other representatives of the office in regard to any inspections or investigations that are conducted by the office or its representatives.

(iii) A small child day care center must cooperate with local child protective services' staff conducting any investigation of alleged child abuse or maltreatment.

(iv) No staff person or volunteer may place or attempt to place an office representative, who is performing his/her role as such, in reasonable fear of physical injury.

(v) Any intentional display of physical or verbal force, which would give an office representative reason to fear or expect bodily harm, is prohibited.

(vi) Intentional and wrongful physical contact with an office representative is prohibited.

(i) must notify the office immediately in writing when there is any proposed change in provider;

(ii) must submit to the office, prior to the start date, the name of such person and the supporting documentation needed to complete the approval process including:

(iii) a medical statement must be submitted before the person has any involvement with children in care, as required in section 418-2.11(b) of this Subpart;

(iv) may, during the office's review of all documentation for any proposed provider continue to operate the program; and

(v) may not leave the proposed provider in sole charge of or unsupervised with children until such time as the office approves the person.

(i) immediately upon learning of a change that affects those portions of the building and property in which the program is operating or which are used for the children's egress in the case of emergency;

(ii) at least 30 days in advance of any proposed changes to the area used for child care;

(iii) immediately or no later than the next day of business of the provider’s resignation or termination;

(iv) immediately upon learning of any other change that would place the small day care center out of compliance with applicable regulations;

(v) any change in email address for the provider or other designee when such change becomes effective; and

(vi) any change to contact information when such changes become effective.

(i) death;

(ii) serious incident;

(iii) serious injury;

(iv) serious condition;

(v) communicable disease;

(vi) transportation to a hospital.

(i) Within five days after receiving the initial registration and before actually commencing operation, the registrant must, using a form specified by the office or an approved equivalent for that purpose, notify the local police and fire departments of the municipality within which the small day care center is located of the following:

(ii) If the local municipality does not have a police or fire department, the sheriff of the county within which the small day care center is located must be notified instead. The registrant must notify the local police and fire departments or the county sheriff, as appropriate, if there is any change in any of the information required to be provided pursuant to subparagraph (i) of this paragraph.

(i) the responsibilities of the program;

(ii) the responsibilities of the parent;

(iii) the policies of the small child day care center regarding admission and disenrollment policies;

(iv) how parents will be notified of accidents, serious incidents and injuries;

(v) the behavior management plan;

(vi) a summary of the program’s evacuation plan including the primary and secondary evacuation sites;

(vii) the program activities to be provided;

(viii) a summary of the program's health care policies, including the level of illness the center will accommodate;

(ix) actions the small day care center will take in the event the child is not picked up as scheduled;

(x) the meal arrangements;

(xi) instructional materials on the available procedures and legal remedies if they suspect their child has been abused or maltreated;

(xii) how to access the regulations;

(xiii) contact information for the office including the child care complaint line;

(xiv) transportation policy; and

(xv) information on healthy food and beverage choices and the prevention of childhood obesity.

(i) the office's small child day care center regulations;

(ii) the name(s), addresses and telephone numbers of person(s) with the legal responsibility and administrative authority for the operation of the small day care center;

(iii) the address and telephone number of the appropriate regional office of the office which may be contacted to lodge a complaint against the small center for violations of statutory and regulatory requirements; and

(iv) a copy of the most recent compliance history report immediately after it is issued to the program by the office.

(i) An acting provider must be immediately named by the registrant.

(ii) The appointment of the acting provider must be shared with the office by the next day of business.

(iii) The acting provider must be knowledgeable about the program’s operation and policies.

(iv) An approved, permanent provider must be on-site, assuming the role, within 90 days.

(i) proof of compliance with the training requirements of section 418-2.14 of this Subpart;

(ii) where a program uses a private water supply, a report from a State licensed laboratory or individual, based on tests performed within the 12 months preceding the calendar date of the two-year mark in a four-year registration, showing that the water meets standards for drinking water established by the New York State Department of Health;

(iii) documentation from service personnel licensed by the New York State Department of State to perform fire alarm systems maintenance, repair and testing which shows that the fire alarm and detection systems have been inspected, tested and maintained during the current registration period in accordance with the applicable requirements of the Fire and Building code of New York State or other applicable fire and building codes when the Fire and Building Code of New York State is not applicable, for use of the building as a child day care center;

(iv) documentation from service personnel qualified to perform fire suppression systems testing showing that fire suppression equipment and systems have been tested and maintained during the current registration period in accordance with the requirements of the Fire Code and Building Code of New York State, or other applicable fire and building codes when the Fire and Building Code of New York State is not applicable, for use of the building as a child day care center; and

(v) documentation from an inspector from the New York State Department of Labor, or an insurance company licensed to write boiler insurance in New York State, showing that all steam or hot water boilers have been inspected and approved during the current registration period in accordance with the requirements of the New York State Department of Labor. For all other fuel burning heating systems and equipment, and boilers not subject to the New York State Department of Labor requirements, documentation of service by a heating contractor performed within the 12 months preceding the date of application for renewal.

(i) identifying information related to the specific child who would receive care, including the parent's name and address, and the child's name, gender and age;

(ii) the extenuating circumstance necessitating the care; and

(iii) a description of what the program will do to achieve consistency with the office's guidelines for the care of children under the age of six weeks.

(i) a copy of the certificate of incorporation, partnership agreement, or articles of organization and any amendments thereto;

(ii) verification of filing of the certificate of incorporation, partnership agreement, or articles of organization and any amendments thereto with the Secretary of State;

(iii) a current list of the names of the board of directors, partners or members and their addresses, telephone numbers of the current principal officers and members, and the business and civic qualifications of all such individuals;