Modalities of Care (DCC, SACC, FDC, GFDC and Legally Exempt)

Regulated child day care refers to care that is provided:

• for more than 3 hours (but less than 24 hours) per day (school-age child care is not subject to the three-hour daily minimum);
• on a regular basis away from the child’s home; and
• by someone other than a relative within the third degree of consanguinity of the child’s parents or step-parents.

Although there are some exceptions (which are identified in NYS Social Services Law §390), when three or more children meeting this definition are cared for in one location for more than three hours, the program is required to obtain a license or registration to operate.

There are five types (or “modalities”) of child day care programs. Social Services Law stipulates which ones must be registered and which ones must be licensed.

• Registered Child Care
  • Family day care (FDC)

    Family Day Care (FDC) is provided for 3-6 children and up to 2 additional school-age children in the provider’s home.

  • School-age child care (SACC)

    School-age child care (SACC) is a program for 7 or more school-age children younger than 13 years of age in a facility operating during non-school hours.

  • Small day care centers (SDCC)

    Small day care center (SDCC) is a program, not in a residence, where care is provided for 3-6 children for more than 3 hours per day.

• Licensed Child Care
  • Group family day care (GFDC)

    Group family day care (GFDC) is care provided in a home, for no more than 7-12 children and up to 4 additional school-age children, by a provider with an assistant.

  • Day care centers (DCC)

    Day care centers (DCC) provide care in a facility (not a residence) for more than 6 children.

Legally Exempt Child Care & Illegal Child Care

• Legally Exempt Child Care

  Legally Exempt Child Care providers may legitimately offer care to children under circumstances that do not meet the statutory or regulatory definition of child day care.

  • Care for fewer than three children outside the children’s home
  • Care for more than two children for less than three hours per day
  • Care provided in a child’s own home by a caregiver
  • Group care operated in compliance with requirements of New York State agencies other than OCFS:
  • pre-K and nursery school programs operated by public school districts or academies, with such programs located on the schools’ premises;
  • nursery schools and programs for preschool-age children operated by non-profit agencies or organizations or private proprietary organizations that provide services for 3 or fewer hours per day;
  • summer day camps operated by non-profit agencies or organizations or private proprietary agencies in accordance with the State Sanitary Code;
  • child care programs located on federal property and operated in compliance with applicable federal laws and regulations;
  • child care programs located on tribal property and operated in compliance with applicable tribal laws and regulations; and
  • school-age programs caring for not more than 6 children.
• Illegal Child Care

  Illegal Child Care refers to programs that meet the statutory definition of a family day care home, group family day care home, school-age child care program, day care center or a small day care center but have not obtained a license or registration to operate. Illegal child care programs are subject to a cease and desist order by the Office of Children and Family Services.

Modalities of Regulated Care (video)