Legally Exempt Child Care Provider
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.
- 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.
- 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.
- Group Child Care providers 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 application will be included in this packet.
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.
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. All non- relative providers, who care for children in their homes, will be randomly selected to receive inspection visits from our agency to ensure that health and safety regulations are being met.