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DaycareRules

New York OCFS

New York home daycare ratios by age

Verified September 5, 2026

New York writes one ratio and two ceilings. The ratio is one caregiver for every two children under two years of age in both a family day care home and a group family day care home. The family home ceiling is six children, or eight when no more than six are less than school age and the school-age children attend primarily outside school hours. The group home ceiling is twelve children of all ages, or sixteen with four additional school-age children served only before or after school, at lunch, on holidays and in vacation periods. A group home must have an assistant present when caring for seven or more children with none of school age, or nine or more when at least two are school age.

Every tier, every cap

Family Day Care Home

  • No more than 2 under two per caregiver 18 NYCRR § 413.2(b)(2)(i)
  • Option 1: up to 6 children 18 NYCRR § 413.2(b)(2), read with (b)(2)(ii)
  • Option 2: up to 8 children, max 6 less than school age 18 NYCRR § 413.2(b)(2), read with (b)(2)(ii)

With an assistant: No more than 4 under two; No more than 8 children in care at once

Your own children: count toward these caps.

Group Family Day Care Home

  • No more than 12 children in care at once 18 NYCRR § 413.2(b)(3)
  • No more than 2 under two per caregiver 18 NYCRR § 413.2(b)(3)(i)
  • Option 1: up to 12 children 18 NYCRR § 413.2(b)(3)
  • Option 2: up to 16 children, max 4 additional school age 18 NYCRR § 413.2(b)(3)

With an assistant: an additional adult is required above 6 children. No more than 16 children in care at once; No more than 2 under two per caregiver

Your own children: count toward these caps.

How New York defines the age bands

  • Infant: 0 to 18 months
  • Toddler: 18 to 36 months
  • Preschooler: 36 to open months
  • School aged child (under 13 and enrolled in kindergarten or a higher grade): 0 to 156 months
  • Children under the age of two years (supervision ratio band): 0 to 24 months
  • Children younger than school age (supervision ratio band): 0 to open months
  • Additional school age children a group family day care home may serve before or after school: 0 to 156 months

Mixed ages in one room

Under two is the binding band and it scales with staff: a family home with one assistant may reach four children under two on the one-to-two ratio.

Real questions, short answers

How many children under two can a New York family day care home have?

Two per caregiver. With an approved assistant the one-to-two ratio allows four.

When does a New York group family day care home need an assistant?

At seven or more children when none are school age, or nine or more when at least two are school age and attend only outside school hours, per 18 NYCRR 413.2(b)(3)(ii).

Can a New York group home reach sixteen children?

Yes: twelve children of all ages plus four additional school-age children served only before or after school, during lunch, on school holidays or when school is not in session.

Keep reading

Sources for New York

  • N.Y. Social Services Law section 390, New York State Senate publication 390(1), 390(2)
  • 18 NYCRR Part 413, Child Day Care Definitions, Enforcement and Hearings, OCFS compilation effective September 7, 2022 413.2, 413.3
  • 18 NYCRR Parts 416 and 417, Group Family Day Care and Family Day Care, OCFS compilations effective July 29, 2026 416, 417.8

DaycareRules is an informational reference about home child care licensing rules in the United States. It reprints thresholds, capacity limits, ratios and citations from state statutes and regulations, together with the date each state was last verified. Nothing on this site is legal advice, and rules change. Confirm with your state licensing agency before acting on any number printed here.