According to New York State Office of Children and Family Services, Family Child Care is:

A residence in which child day care is provided on a regular basis for more than 3 hours per day per child for up to 6 children, with an additional 2 children who are of school-age. No more than 2 children under the age of 2 may be cared for at any one time, however, as of 12/16/2010, family day care providers may care for more than 2 children under the age of 2 only if there is at least 1 caregiver for each 2 children under the age of 2, with the maximum capacity of children in care being 8.