§416.8(j)(2): Two caregivers for larger groups
Two caregivers must be present when more than six children, none of them school age, are in care. A citation means that was not the case when the home was cited.
| State regulation (18 NYCRR) | §416.8(j)(2) |
| Type | Practice |
| Cited in our records | 83 times at 79 NYC home-based programs |
| Marked open right now | 6 |
The state's wording
Two caregivers must be present when more than six children, none of whom are school age, are in care.
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
What happens when more than six young children are here at once?
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(j)(1): Number of children per caregiver
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.