§413.4(a): Background clearances for staff and volunteers
The state requires criminal history review and background clearances for any prospective operator, director, employee or volunteer. The citation concerns those clearances. It does not say what a check found.
| State regulation (18 NYCRR) | §413.4(a) |
| Type | Records |
| Cited in our records | 164 times at 155 NYC home-based programs |
| Marked open right now | 53 |
The state's wording
The following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act for any prospective operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, as defined in section (2) of this part, an
This is the text the state (OCFS) attaches to the citation. It is a template, so it can sound harsher or vaguer than the finding behind it.
Worth asking the provider
Have all staff and volunteers had their clearances completed?
Reading it on a record
Look at whether the citation is marked open or corrected, how long ago it was cited, and whether the same section shows up on several inspections. One corrected citation is common. The same one on visit after visit is worth a direct question. Our guide to checking a daycare and methodology explain the rest.
Look up a home daycare and read its record
Related sections
- §416.15(b)(11)(ii)(a): Child abuse register check forms
- §416.15(c)(6): Children's health and consent files
- §416.15(c)(13): Caregiver arrival and departure schedule
- §416.15(b)(11)(ii)(b): Justice Center register check forms
- §416.15(b)(11)(ii)(d): Sworn statement on convictions
Counts are from the inspection records we hold, as of 2026-10-23. The plain-English note was written by NYC Daycare Check from the city's wording; the citation on each provider's page is the record.