Three hours a day per child
Both home definitions reach only care for more than three hours per day per child. A before-school arrangement of two hours never becomes a family day care home however many children attend.
New York OCFS
How many kids can you watch without a license in New York?
Verified September 5, 2026New York starts at three. A family day care home is a program caring for three to six children for more than three hours a day per child in a family home, and it must register with the Office of Children and Family Services under Social Services Law 390(2)(b). Two children, or care of three hours or less a day per child, sit outside. A group family day care home is a licensed program for seven to twelve children of all ages, which may add four school-age children served only outside school hours. Care by a relative within the third degree is not child day care at all. Parts 416 and 417 of 18 NYCRR were reissued effective July 29, 2026.
The New York ladder, tier by tier
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| Family Day Care Homeregistration fdch | 3 to 8 |
| Count |
| Group Family Day Care Homelicense gfdch | 7 to 16 |
| Count |
Age limits and totals for every tier, with row-level citations, live on the New York home daycare ratios page.
What changes this answer
Relatives change the count, not the rule
Under Social Services Law 390(2)(e), where a parent, guardian or relative within the third degree cares for a child and also cares for other children, only the other children count toward registration or licensing, provided the total does not exceed eight.
Seven or eight in a family home is conditional
18 NYCRR 413.2(b)(2)(ii) lets a family day care provider care for seven or eight children only if no more than six are less than school age and the school-age children are cared for primarily outside school hours. It is not a second ceiling.
The agency compilation is what we read
OCFS stamps every page of its Parts 413, 416 and 417 with a disclaimer that the file is an unofficial compilation of NYCRR. It is the adopting agency’s own text and the best available, and the Part 413 definitions carry an effective date of September 7, 2022.
Real questions, short answers
How many kids can you watch in New York without registering?
Two, or any number for three hours or less a day per child. A family day care home is defined at three to six children cared for more than three hours a day, per 18 NYCRR 413.2(b)(2), and must register.
How many children can a New York family day care home have?
Three to six, and seven or eight when no more than six are less than school age and the school-age children attend primarily outside school hours.
How many babies can one New York caregiver have?
Two. Both home definitions require one caregiver for every two children under two years of age.
What is a group family day care home?
A licensed home for seven to twelve children of all ages, which may take four additional school-age children before and after school, at lunch, on school holidays and in vacation periods, under 18 NYCRR 413.2(b)(3).
What is the fine for unregistered child day care in New York?
Up to five hundred dollars per day under 18 NYCRR 413.3(e)(1).
Other states we have verified
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.