N.Y. Comp. Codes R. & Regs. tit. 18 § 416.14

Current through Register Vol. 46, No. 43, October 23, 2024

Section 416.14 - Training

(a) Before the office issues an application for a group family day care license to a person or entity who has yet to hold an office of Children and Family Services day care license, that applicant must complete an office-approved pre-application orientation session.

(b) Before the office issues an initial license, the applicant must complete a health and safety training course approved by the office relating to the protection of the health and safety of children and must demonstrate basic competency with regard to health and safety standards. Such training must comply with the Federal minimum health and safety preservice training requirements. Health and safety training received prior to issuance of the license, may be applied to the initial 15 hours of training required pursuant to paragraph (c)(1) of this section provided that such training was received within 12 months of licensure. If an applicant does not become licensed or registered within two years of successfully completing the health and safety training, the coursework must be repeated.

(1) Each applicant must complete the office-approved training that complies with the Federal minimum health and safety preservice training requirements or three-month orientation period training requirements. This training must be obtained preservice or within three months of starting such position. Individuals who have completed the office-approved training that complies with Federal health and safety requirements may be left unsupervised with children. Any employee or volunteer who does not complete this training must not be left unsupervised with children in care until such times as the training has been completed.

(c) Each employee and volunteer must complete a minimum of 30 hours of training every 2 years. The required 30 hours of training every 2 years is subject to the following conditions:

(1) 15 of the required 30 hours of training must be obtained during the person's first 6 months at the program.

(2) A minimum of five hours of office-approved training must be obtained each year which addresses topics or subject matters set forth in subdivision (f) of this section.

(d) [Reserved].

(e) [Reserved].

(f) Training must address all topics or subject matters required by State and Federal law. The required state topics are:

(1) principles of childhood development, focusing on the developmental stages of the age groups for which the program provides care;

(2) nutrition and health needs of infants and children;

(3) child care program development;

(4) safety and security procedures;

(5) business record maintenance and management;

(6) child abuse and maltreatment identification and prevention;

(7) statutes and regulations pertaining to child care;

(8) statutes and regulations pertaining to child abuse and maltreatment;

(9) education and information on the identification, diagnosis and prevention of shaken baby syndrome; and

(10) adverse childhood experiences, focused on understanding trauma and on nurturing resiliency.

(g) Training received before the application has been approved and the license granted, may be counted towards the initial 15 hours required in paragraph (c)(1) of this section provided that such training was completed within 12 months of licensure. When a program has submitted a renewal application, and the provider and assistant(s) have satisfied the 30-hour training requirement for the current licensing period, the provider and assistant(s) will be credited with any additional training hours taken during that time that exceed the 30 hours, toward the new licensing period.

(h) Training received within the 90 day period prior to the two-year mid-point in the four-year licensing cycle, may count toward the next two-year period, if the training requirement for the first 2 years of the license has been met. Individuals must still obtain a minimum of five hours of training annually pursuant to paragraph (c)(2) of this section.

(i) For the 30 hours of training that must be received every two years after the first period of licensure, any provider or assistant who can demonstrate to the office basic competency in a particular topic may determine in which of the specified topics he or she needs further study. The office may also exempt any provider or assistant from participating in training on a particular topic upon demonstration of substantially equivalent knowledge or experience related to that topic. All persons with such exemptions must still complete a minimum of 30 hours of training during each two-year period and a minimum of five hours of training each year.

(j) Each provider or assistant must submit verification of completion of the training requirements to their program's designated licensing office.

(k) All training that counts toward the required 30 hours must be approved by the Office of Children and Family Services as per office policies regarding training and trainers.

(l) Caregivers who will be responsible for administering medications must receive training pursuant to section 416.11(e) of this Part.

(m) All child care programs must have at least one caregiver, who holds a valid certification in cardiopulmonary resuscitation (CPR) and first aid, on the premises of the child care program during the program's operating hours.

(n) CPR and first aid certifications must be appropriate to the ages of the children in care. All certifications in CPR and first aid must contain an in-person competency component.

(o) The caregiver(s) who holds the valid certification in CPR and First Aid must have their certification available for review during their working hours at the program on file.

(p) A licensee operating more than one licensed or registered family-based day care program must complete an office-approved training in the management and administration of multiple day care sites. This training may be counted toward the 30 hours of required training and must be completed within one year of the effective date of these regulations.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 416.14

Amended New York State Register June 14, 2017/Volume XXXIX, Issue 24, eff. 6/14/2017

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020

Amended New York State Register January 6, 2021/Volume XLIII, Issue 01, eff. 1/6/2021