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Article 47, not OCFS

Who actually regulates a nursery in Queens

Almost every parent we meet has read the wrong rulebook. Inside the five boroughs, childcare is permitted and inspected by the City Health Department, and its rules are not the state ones.

  • NYC Health Code, Article 47
  • Permit runs two years maximum
  • Inspected at least annually

In New York City it is the Health Department, not OCFS. A nursery inside the five boroughs is not regulated by OCFS. It is permitted and inspected by the New York City Department of Health and Mental Hygiene under Article 47 of the City Health Code, which sets different ratios and group sizes from the state rules that apply everywhere else in New York. Separate permits are needed for infant and toddler care, for two- to five-year-olds, and for night care; a permit runs a maximum of two years; and every site is inspected at least annually, in practice often twice. If you have been comparing us against a state ratio table you found online, you have the wrong document.

There are two separate regulatory systems for centre-based childcare in New York State, and which one applies to a nursery depends entirely on which side of the city line it sits on. Outside the five boroughs, centres are licensed by the Office of Children and Family Services under 18 NYCRR 418-1. Inside them — including here, in Queens — they are permitted and inspected by the New York City Department of Health and Mental Hygiene under Article 47 of the City Health Code.

This is not a technicality. The two rulebooks set different ratios and different maximum group sizes for the same ages. A parent who reads a New York State ratio table, walks into a Queens nursery and checks it against what they read is checking against a document that does not govern the building they are standing in.

What the permit actually is

Section 47.03 of the Health Code is short and absolute: no person may operate a child care programme without a permit issued by the Commissioner. It is not a registration, it is not a self-declaration and it is not something a centre awards itself.

Separate permits are required for different kinds of care. Infant and toddler care is one permit; care for children aged two through five is another; night child care is a third. A centre holding one of those does not thereby hold the others, which is a useful thing to know when somebody offers you a service that sits outside what you have seen on their wall.

A permit runs for a maximum of two years and then has to be renewed, with a valid certificate of occupancy, a written safety plan and proof of workers' compensation and disability insurance among the documents required each time. It is a recurring test rather than a one-off hurdle.

How often somebody actually comes

Each permitted site is inspected at least once a year. In practice the Bureau of Child Care frequently conducts two inspections — one directed at the physical premises and one at how the programme is operated — and inspections are unannounced.

Inspection is not the same as supervision, and it would be dishonest to imply otherwise. An annual or twice-yearly visit is a sample. It tells you what was true on the days somebody looked, which is considerably better than nothing and considerably less than a guarantee about the other three hundred and sixty days.

A City Comptroller audit has previously found that DOHMH skipped mandatory inspections at hundreds of child care centres. We mention that because a page arguing that regulation is meaningful should also say where it has been shown to fall short.

Why this page exists at all

Because the difference is used, sometimes carelessly and sometimes not. A centre quoting state ratios in a city building is quoting looser numbers than the ones it is actually held to for toddlers and twos, and a parent who checks the wrong table will conclude the centre is compliant when the question has not been answered.

And because knowing the name of the regulator is what makes the rest of it usable. If you do not know that the Health Department permits this building, you do not know where the inspection record is kept, who to complain to, or what a permit on a wall is supposed to say.

What we hold, and the one number we will not print

This nursery is described throughout as permitted under Article 47 for infant and toddler care and for children aged two through five. We do not hold a night child care permit, which is why we do not offer overnight care and could not.

Our permit number on this website is a row of zeroes, exactly like our telephone number. A real permit number is a public record tied to a real address and a real named permit-holder, and this is a demonstration site for a nursery that does not exist. Printing a plausible-looking one would attach a fiction to somebody else's licence.

In order

How this works in practice

  1. Establish which regulator applies

    Anywhere in the five boroughs, it is the New York City Department of Health and Mental Hygiene under Article 47. Anywhere else in the state, it is OCFS. There is no overlap and no choice.

  2. Ask to see the permit

    It should be displayed. Look at what it covers — infant and toddler care, ages two through five, night care — and at the expiry date, since a permit runs a maximum of two years.

  3. Check the age bands against the rooms

    A centre offering care for an age its permit does not cover is the clearest single thing you can catch without any specialist knowledge.

  4. Then read the inspection record

    The permit tells you what is allowed. The inspection history tells you what has actually been found, and it is public.

  5. Use the right ratio table

    For a Queens nursery, the numbers that matter are the Article 47 ones on our ratios page, not the state figures that appear in most national comparison articles.

Questions we are actually asked

Who actually regulates a nursery in Queens — frequently asked

Is OCFS involved with New York City daycare at all?

Not for permitting a centre inside the five boroughs — that is DOHMH under Article 47. OCFS runs statewide programmes that touch city families in other ways, including the Child Care Assistance Programme that funds vouchers, so the name turns up legitimately in conversations about paying for care rather than about licensing this building.

What is the difference between a licence, a permit and a registration?

In this city the operative document is a permit issued by the Health Commissioner. Elsewhere in the state, centres are licensed and some smaller home-based providers are registered instead. The words get used loosely in marketing; the document is what matters.

How long is a permit valid?

No more than two years. Renewal requires a fresh application with a valid certificate of occupancy, a written safety plan and proof of workers' compensation and disability benefits insurance among other documents.

Are inspections announced?

No. That is much of their value. It also means an inspection record describes unannounced days rather than prepared ones, which is why it is worth more than a tour.

Why is your permit number all zeroes?

Because this nursery is fictional and a permit number is a real public record belonging to a real permit-holder at a real address. The same reasoning applies to every telephone number on this site.

Tuesday and Thursday mornings, while the children are here

Come and see the room

A tour here happens during a session, in the room your child would actually be in, at the time of day they would be in it. You meet the person who leads that room rather than only the director, and you see the noise and the mess that are genuinely there. It takes an hour. If your child is three or four we will ask whether you have applied for free 3-K or Pre-K for All before we quote you a rate, because a good many families should not be paying us at all.