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New York State

These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on July 20, 2020.

We recommend that you monitor this site, as well as the sites referenced in these resources, for updates and changes as we expect the situation and solutions to change over the coming weeks and months. For information on specific programs, we encourage you to visit the websites of the organizations or government entities that are responsible for the relief.

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Description of Program and Relief

In Response to COVID-19, OCFS Waives Regulatory Requirements for Child Care Program Providers

The New York State Office of Child and Family Services (OCFS) has been granted the authority to consider waiving selective regulatory requirements in response to COVID-19. For example, during the emergency, some licensed or registered programs may be able to care for more children than their regulated capacity to allow them to meet community needs for child care; providers can serve families who exceed current financial eligibility standards; districts can pay for more than the number of absences typically permitted; and providers can operate around the clock. A waiver is required to be submitted by districts for the above-mentioned relief.

OCFS will be hosting weekly calls to provide updated guidance and answer questions. Certain background check requirements have been waived to that teachers, school-related personnel, employees at health care facilities, and others with child care or education experience can begin work immediately during the temporary emergency basis to ensure adequate supervision after a criminal history review. Providers can contact Child Care Resource and Referral agencies in each county for assistance.

Government or Lead Agency

NY State Office of Child and Family Services

Dates Available

March 18, 2020, continuing indefinitely.

Eligibility Requirements/Restrictions

NY State School Districts that feel relief is appropriate may apply for relief at their discretion.

Contact for More Information

Requests to modify the Child and Family Services Plan as well as for waivers related to the child care subsidy program can be submitted to OCFS by e-mail to ocfs.sm.districtsupport.subsidy@ocfs.ny.gov or by fax to (518) 474-9617 Attn: Merideth Infantino.

Waiver forms are available here: https://ocfs.ny.gov/main/news/2020/COVID-19-Waiver-Form-2020Mar16.pdf.

List of Additional Information

More information is available on the OCFS Child Care Services Home Page here: https://ocfs.ny.gov/programs/childcare/#t1-Updates-and-Important-Announcements


© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.

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