New York 2025-2026 Regular Session

New York Assembly Bill A04003

Introduced
1/30/25  
Refer
1/30/25  
Report Pass
3/25/25  
Refer
3/25/25  
Report Pass
5/6/25  
Engrossed
5/12/25  
Refer
5/12/25  
Engrossed
6/5/25  
Enrolled
12/8/25  

Caption

Requires one caregiver for every two children under eighteen months of age in group family day care homes and family day care homes.

Summary

This bill amends New York’s Social Services Law to change the caregiver ratio in certain home-based child care settings. Specifically, it lowers the age threshold in group family day care homes and family day care homes from children under two years of age to children under eighteen months of age for purposes of the one-caregiver-for-every-two-children requirement. The bill applies to programs caring for children more than three hours per day and retains the existing framework for how many children may be cared for in these homes, including the rules for school-age children and the circumstances under which additional children may be present. The measure also leaves intact the existing requirement that group family day care homes have an assistant present when caring for larger numbers of children, and it does not change the broader licensing and inspection structure administered by the Office of Children and Family Services. The bill would take effect 180 days after becoming law, giving providers and regulators time to adjust staffing practices and compliance standards.

Impact

The bill would amend section 390 of the Social Services Law, changing the statutory caregiver-to-child ratio for infants and very young toddlers in family day care settings from under age two to under eighteen months. This would affect licensed group family day care homes and family day care homes, potentially requiring more caregivers for programs serving children between 18 months and 24 months old. It would also influence OCFS regulations and enforcement by aligning provider staffing obligations with the new age cutoff.

Sentiment

The available voting history shows strong bipartisan support and no recorded opposition: the bill passed the Assembly Children and Families Committee, the Assembly Codes Committee, the Assembly floor, and the Senate floor unanimously or near-unanimously, with all recorded votes in favor. That pattern suggests the bill was viewed favorably as a child safety or child care quality measure, with little public or legislative resistance reflected in the available record.

Contention

No committee transcript is available, and the recorded votes show no nays, so there is no documented floor or committee controversy in the provided materials. If any concern existed, it would most likely have centered on the practical impact on child care providers, including staffing costs, compliance burdens, and whether the narrower age threshold is necessary or overly restrictive. However, those concerns are not reflected in the voting record provided.

Companion Bills

NY S04929

Same As Requires one caregiver for every two children under eighteen months of age in group family day care homes and family day care homes.

Previously Filed As

NY A10025

Requires one caregiver for every two children under eighteen months of age in group family day care homes and family day care homes.

NY S09728

Requires one caregiver for every two children under eighteen months of age in group family day care homes and family day care homes.

NY S04929

Requires one caregiver for every two children under eighteen months of age in group family day care homes and family day care homes.

NY HB06839

An Act Increasing The Number Of Children Permitted In Family Child Care Homes And Concerning The Operation Of Family Child Care Homes And Group Child Care Homes In Condominiums And Rental Units.

NY S09049

Authorizes the office of children and family services to grant temporary, limited flexibility in staff-to-child ratios and group size requirements during documented workforce shortages; requires regulations for child day care centers apply to children under eighteen months of age; defines persons who may qualify to watch children during documented workforce shortages.

NY HB4086

Autism Family Caregivers Act of 2025

NY H3159

Supporting family caregivers

NY S1938

Supporting family caregivers

NY SB608

relative to family caregiver support in certain programs and child care support for kinship caregivers.

NY SB269

Generally revise laws regarding family and group day-care homes

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