§416.8(j)(3): Staffing for children under two
When children under two are in care, there must be at least one caregiver present for every two children under two in attendance. A citation means that was not the case when the home was cited.
| State regulation (18 NYCRR) | §416.8(j)(3) |
| Type | Practice |
| Cited in our records | 270 times at 248 NYC home-based programs |
| Marked open right now | 24 |
The state's wording
When care is provided for children under the age of two years, there must be at least one caregiver present for every two children under the age of two years in attendance.
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 caregivers are present when the youngest children are here?
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
Counts are from the inspection records we hold, as of 2026-10-19. 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.