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Legally Exempt Child Care Information

The Child Care Network is designated by the State of New York as the Legally Exempt Child Care Provider Enrollment Agency serving Washington, Warren and Hamilton Counties. The child care units in each county’s department of social services will pay a child care subsidy for working parents and/or parents who are in school when the child care provider is approved and enrolled as a legally exempt provider. (Subsidies are also paid when a registered or licensed provided is selected).

What is Legally Exempt Child Care?

There are three major categories of legally exempt child care—Family Child Care, In-Home Child Care and Group Child Care.

  1. Family Child Care is furnished in the provider’s home for up to two non-related children at any given time. If the provider is related to the children, there is no limit to the number of related children. The provider is often a relative, neighbor or friend and may be able to care for children during evening and weekend hours, or other varied schedules when other child care programs are not open.Also, when legally exempt child care is provided in the provider’s home, more than two children who are not related to the provider- can be cared for if the care is provided for less than three hours per day.Family Child Care Providers are required to be at least 18 years of age, or if they are less than 18 years of age will meet the requirements for employment of minors.
  2. In-Home Child Care is furnished in the child’s home by a provider who is chosen and monitored by the child’s parent or guardian. As with Family Child Care, In-Home Providers are required to be at least 18 years of age, or if they are less than 18 years of age will meet the requirements for employment of minors.
  3. Group Child Careproviders are not required by NYS OCFS to be licensed or registered, but will meet all applicable state and local requirements for each program. Group child care providers: include the following:
    •  Pre-kindergarten and nursery school programs for children three years of age or older operated by public school districts or by private schools.
    • Nursery schools and programs for pre-school aged children operated by non-profit organizations for three or less hours per day.
    • Summer Day Camps operated by non-profit agencies or organizations.
    • Day Care Centers, Family day care homes located on federal property.
    • Day Care Centers, family day care homes locate on tribal property.

How to Become a Legally Exempt Child Care Provider

The process of becoming an approved legally exempt provider begins when the parent applying for child care assistance, receives a packet of forms and information from their County’s Child Care Unit.   The fourteen page application for enrollment will be included in this packet, along with attachment forms related to in-home care, training records and the employment of minors.  These attachment forms may or may not need to be completed depending on the particular situation.

The Enrollment Application is mailed or delivered to:

Southern Adirondack Child Care Network
Legally Exempt Enrollment Department
37 Everts Avenue
Queensbury, NY 12804

Generally, the enrollment process takes 2- 3 weeks, but can take longer if the application is incomplete and needs to be sent back to the provider. In our office the application will be reviewed for completeness and eligibility.  Provider background checks will also be conducted both by our agency and DSS.  Providers are encouraged to call with any questions that come up while completing the application and/or at any stage of the provider enrollment process. Two agencies are involved with the legally-exempt/child care subsidy program, and for this reason it is can be confusing as to whom to call for what purpose. The following chart lists the various purposes and specifies who to call.

Who to Contact?

Southern Adirondack Child Care Network

This agency reviews and approves applications for the enrollment of legally exempt providers.


Contact Us Regarding:

  • Provider application assistance
  • Legally Exempt regulations
  • Health and safety questions/concerns
  • Child development

DSS Child Care Unit

This agency review and approves the parent application for child care assistance.

Washington County:
518.746.2300 Ext. 3397

Warren County:

Hamilton County:

Contact DSS regarding:

  • The parent subsidy application
  • Where to get timesheets and how to complete.
  • The status of payments including issue dates and amounts.

The Child Care Network is committed to offering technical assistance in order to help legally exempt providers meet requirements of enrollment; we also provide technical assistance as needed on a diverse range of child development topics. Each year twenty percent of enrolled providers, who care for children in their homes, will be randomly selected to receive inspection visits from our agency to insure that health and safety regulations are being met.

For information on training opportunities contact VOICE/CSEA at: http://voicecsea.org/professionaldevelopment

Upcoming Classes & Events

Turning Adversity into Strength with Jeanine Fitzgerald Workshop Series

The Child Care Network has a very exciting training series with Jeanine Fitzgerald, one of our favorite and most popular guest speakers. The six week series will offer participants insight into the new OCFS training requirement on Adverse Childhood Experiences (ACEs) and trauma.

2020 Spring Lecture Series

Registration is open for the 2020 Spring Lecture Series.  The series of workshops will be held Tuesday evenings, March 3 – April 7 from 6:30-9:00 pm.  Classes will be held at the Washington County Annex 2, 411 Lower Main Street, Hudson Falls/  Cost:  $250 (Member) and $275 (Non Member).  Deadline to register is February 28, 2020. 2020 Spring Lecture Series Brochure  

Health & Safety Training: Competencies for Becoming a Family or Group Family Child Care Provider

A 15 hour training program, required for becoming a registered or licensed child care provider, is being offered by the Southern Adirondack Child Care Network. Learn how to enhance the quality of your new program and run a business that keeps children healthy and safe from potentially harmful situations in early childhood settings.  Health & Safety Registration Form.  Additional Information:  Letter Added to Health & Safety Flyer and Steps for Registering for Health & Safety Class.  You can now register and pay on line with a credit card. http://www.saccn.org/registration/ . When: Monday, January 6; Tuesday, January 7 and Wednesday, January 8, 2020 Time: 9:00-3:00