§416.8(j)(1): Number of children per caregiver
One caregiver may care for at most six children younger than school age, or eight children when at least two of the eight are school aged. A citation means the group was larger than that when the home was cited.
| State regulation (18 NYCRR) | §416.8(j)(1) |
| Type | Practice |
| Cited in our records | 127 times at 121 NYC home-based programs |
| Marked open right now | 9 |
The state's wording
One caregiver may care for a maximum of six children younger than school age, or eight children when at least two of the eight children are school aged.
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
How many children are in the group, and how many caregivers are present?
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
- §416.8(a): Supervision of children
- §416.14(m): CPR and first aid certification
- §416.4(b)(1): Evacuation drills
- §416.8(j)(3): Staffing for children under two
- §416.8(d): Only approved caregivers alone with children
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.