Legally exempt child care, sometimes referred to as “informal” child care, is care to one or two non-related children or to one or more closely related children.  When care is given to both related and non-related children there can be no more than eight children in care.  This type of child care does not require a New York State license or registration and is typically done in a provider’s home or the children’s home.  The following criteria help to define if child care is legally exempt:

• The number of children in care
• The relationship status between provider and parent
• The hours of care
• The location of care

Legally exempt child care providers who are caring for families that qualify for a child care subsidy and are receiving child care subsidy payments through Erie County Department of Social Services are required to complete an enrollment process with Child Care Resource Network.  In addition to an enrollment process, providers are also required to comply with New York State Office of Children and Family Services Legally Exempt Child Care Health and Safety Requirements.  Child Care Resource Network monitors and supports providers to successfully comply with these requirements by conducting required home inspections to eligible providers.

Enrolled child care providers may be eligible for a Health and Safety Grant. This grant, made possible through funding from the New York State Office of Children and Family Services, supplies providers with health and safety items, such as smoke detectors, portable first aid kits and outlet plugs. 

Enrolled child care providers may also qualify for Child and Adult Care Food Program.  Child and Adult Care Food Program is a federally funded program that offers cash reimbursement to providers for nutritious meals served to children in their care.