Licensing rules · New York
Daycare ratios in New York
In a New York daycare center, one adult may care for up to 4 babies, 5 children at 18 months, 7 three-year-olds or 8 four-year-olds. Groups are capped too, from 8 babies to 21 children at age 4.
- Babies (6 weeks)
- 1:4
- Toddlers (18 months)
- 1:5
- 3-year-olds
- 1:7
- 4-year-olds
- 1:8
Daycare centers
Ratios and group sizes in New York centers
The most children one adult may care for, and the largest group allowed in one room, at each age. From New York's licensing rules as compiled in the 2025 national database.
| Child's age | Adults to children | Largest group |
|---|---|---|
| 6 weeks | 1:41 adult for 4 children | 8 children |
| 11 months | 1:41 adult for 4 children | 8 children |
| 18 months | 1:51 adult for 5 children | 12 children |
| 35 months | 1:51 adult for 5 children | 12 children |
| 3 years | 1:71 adult for 7 children | 18 children |
| 4 years | 1:81 adult for 8 children | 21 children |
| 5 years | 1:91 adult for 9 children | 24 children |
| 6 years | 1:101 adult for 10 children | 20 children |
| 7 years | 1:101 adult for 10 children | 20 children |
| 8 to 9 years | 1:101 adult for 10 children | 20 children |
| 10 years and older | 1:151 adult for 15 children | 30 children |
The national database reads each state's rule at these sample ages; New York's own rules give the exact age bands.
In the room
What the ratio means for your child
A ratio is the most children one adult may care for at the same time. At 1:4, a room of 8 babies, the largest infant group New York allows, needs 2 caregivers; a room of 21 four-year-olds needs at least 3 adults at 1:8.
Treat the ratio as a floor to check, not a promise. Rooms are most likely to run at the limit at opening, at closing and during staff breaks, so on your tour count the adults and children in the room yourself and ask what happens when a teacher is out sick.
New York's rules cover mixed-age groups; ask the daycare which ratio it follows when ages mix.
Home daycares
Rules for home daycares in New York
Most New York daycares on DaycarePal are home daycares, so the home limits matter. A family day care home has one provider and a small group that can include a few school-age children; a group family day care home adds an assistant and may care for more children, with tighter limits on babies and toddlers under age 2.
Ask how many children under 2 are in the group, whether the assistant is there all day, and who covers when the provider steps away.
- As the national database records them
- Family child care home (one provider): up to 6 children (plus 2 school-age children).
- Group child care home (two or more providers): the rule reads (children to adults): “6:1; 2:1 for children younger than 2 years.” Largest group: 12 children.
Enforcement
How New York checks these rules
- Centers: New York reported routine inspections more than three times a year, without notice.
- Family child care homes: routine inspections more than three times a year, without notice.
- In the inspection records: rules on supervision and ratios were 9.4% of the rules New York inspectors cited since October 2023, and 26% of the daycares visited had one cited.
What New York inspectors cite shows the rule areas cited most often.
Inspection schedules are from a 2017 national survey of state licensing agencies.
On the tour
Ask about ratios on a tour
- of the 2,370 New York daycare websites we read post a staff-to-child ratio
- 2.9%
- How many adults are in my child's room, and how many children?
- How do staff keep track of every child during outdoor play, nap and pick-up?
- Who may pick up my child, and how do you check?
- Is the ratio the same at the start and end of the day, when fewer staff are in?
More questions: the daycare tour checklist.
Questions
Questions about daycare ratios in New York
What is the infant ratio for daycare centers in New York?
1:4. One adult may care for up to 4 babies, and an infant group may hold no more than 8.
What is the toddler ratio in New York?
1:5 at 18 months and at 35 months, with groups of up to 12 children.
What is the ratio for 4-year-olds in New York daycares?
1:8, with up to 21 children in a group. For 3-year-olds it is 1:7, with up to 18 in a group.
How many children can a New York home daycare have?
A family day care home with one provider may care for up to 6 children, plus 2 school-age children. A group family day care home with an assistant may care for up to 12.
How do I check whether a daycare keeps to the ratio?
Count the adults and children in the room on your tour, and read the daycare's inspection record: supervision and ratio rules were 9.4% of the rules New York inspectors cited since October 2023, and 26% of daycares visited had one cited.
Rules change. Before you rely on a number here, check New York's current licensing rules or ask the state licensing agency.
Source: National Database of Child Care Licensing Regulations, Office of Child Care, Administration for Children and Families (licensingregulations.acf.hhs.gov), 2025 tables, retrieved October 7, 2026. Website figure: daycare websites read in 2026.