The Complete Guide to Legally Exempt Child Care

Legally Exempt providers can only care for two (2) non-related children and/or 8 related children at one time.

The amount paid by the county (in instances where a child care assistance program is present) and/or by the parent(s) depends on a number of factors. Please contact our Legally Exempt department for more information.

Legally Exempt providers care for children in a residence or home.

What is the easiest way to enroll as a Legally Exempt provider?
Before you do anything, call our Legally Exempt Department at 716-877-6666 x 2994 to speak with a Legally Exempt Specialist.

I’m ready to start the process. How does a parent hire a friend or family member to become their child’s care provider?

• To start the Legally Exempt process, the parent of the child MUST first go downtown to the Day Care Unit of Erie County’s Department of Social Services located at 95 Franklin Street, Room 449, Buffalo, NY 14202. The office may be reached at 716-858-8953 and is open from 8:30 a.m. – 4:00 p.m., Monday-Friday.
• If the parent is looking to receive monetary assistance a Child Care Assistance Program case MUST be established with the Erie County Department of Social Services (DSS).
• The parent must then choose their child care provider. This is usually a close friend, family member, or neighbor they know and trust.
• Once the parent has chosen a Legally Exempt provider, the parent AND the provider must complete an application together. The application may be mailed to Child Care Resource Network or delivered in person to our offices at 1000 Hertel Avenue, Buffalo, NY 14216.
• A Legally Exempt Specialist will go over the application with the parent and provider.
• Once the application has been accepted and approved, it will take approximately 6-8 weeks to begin receiving payment.