When and why New York State revokes a daycare license
New York State revokes a daycare license when a provider violates regulations seriously enough that the state determines the facility poses a risk to children. The Office of Children and Family Services (OCFS) does not revoke licenses for minor infractions or first-time mistakes. Revocation is the most severe enforcement action the state can take, and it ends the provider's legal right to operate.
Common reasons for revocation include repeated violations of health and safety rules, substantiated abuse or neglect of children, failure to maintain required staff-to-child ratios, operating without proper supervision, falsifying records, or failing to correct violations after receiving a notice to comply. A single serious violation—such as leaving children unsupervised or operating without a licensed director—can also trigger revocation, though the state typically issues warnings first unless the violation endangers children when ready.
OCFS conducts unannounced inspections of licensed daycare centers and family child care homes. When inspectors find violations, they document them in a report and give the provider a chance to respond. If violations are not corrected within the timeframe specified, or if violations are severe, OCFS may move toward revocation.
Key Takeaways
- OCFS revokes licenses for serious or repeated violations of health, safety, and staffing rules, not for minor infractions.
- A provider receives a violation notice and a period to correct the problem before revocation proceedings begin, except in cases of when ready danger.
- Revocation is a formal legal process that includes a hearing before an administrative law judge, where the provider can present evidence and witnesses.
- Once a license is revoked, the provider cannot legally operate a daycare and must stop caring for children when ready.
- A revoked provider may request a hearing to challenge the revocation, and the outcome depends on whether violations are proven and whether the provider can show they have corrected the underlying problems.
The formal revocation process and timeline
Revocation does not happen without notice. OCFS must follow a formal process that gives the provider an opportunity to be heard. The process typically begins when OCFS issues a Statement of Deficiencies after an inspection. This document lists each violation, the regulation it violates, and the important date for correcting it. For serious violations, the important date may be as short as 10 days; for others, it may be 30 days or longer.
If the provider does not correct the violations by the important date, or if OCFS finds new serious violations, the state may issue a Notice of Intention to Revoke. This notice tells the provider that OCFS intends to revoke the license and informs them of their right to request a hearing. The provider has 10 days to request a hearing in writing. If no hearing is requested, the revocation becomes final.
If a hearing is requested, it is held before an administrative law judge (ALJ) employed by the New York State Department of State. The hearing is not a criminal trial, but the provider has the right to be represented by an attorney, to present evidence, to call witnesses, and to cross-examine OCFS witnesses. The ALJ then issues a decision recommending whether the license should be revoked. OCFS makes the final decision based on the ALJ's recommendation.
What violations lead to revocation
Not every violation results in revocation. OCFS distinguishes between violations that are correctable and those that indicate a pattern of neglect or disregard for child safety. Violations that commonly lead to revocation include failure to maintain required staff-to-child ratios, operating without a licensed director or teacher, leaving children unsupervised, failure to report suspected abuse or neglect, substantiated abuse or neglect by staff, and repeated violations of the same rule after being notified.
Health and safety violations that endanger children—such as storing hazardous chemicals where children can reach them, failing to maintain safe sleeping areas, or not following food safety procedures—are taken seriously. A single instance of a child being injured due to lack of supervision or unsafe conditions can trigger revocation proceedings.
Administrative violations, such as incomplete record-keeping or missing documentation, are usually correctable and do not by themselves lead to revocation unless they are part of a larger pattern of non-compliance or they prevent OCFS from verifying that other requirements are being met.
How a provider can respond to a notice of intention to revoke
When a provider receives a Notice of Intention to Revoke, the first step is to request a hearing. This must be done in writing within 10 days. The request should be sent to the OCFS office that issued the notice. Requesting a hearing does not stop the revocation from taking effect if the provider loses, but it is the only way to challenge the state's decision in front of an independent judge.
Before or during the hearing, the provider should gather evidence that shows either that the violations did not occur as described, or that they have been corrected and the facility is now in compliance. This might include photographs, maintenance records, staff training certificates, corrected policies, or testimony from staff or parents. An attorney experienced in child care licensing can be valuable at this stage, as the hearing process has specific rules about evidence and procedure.
At the hearing, the provider can testify, present witnesses, and question OCFS inspectors about their findings. The ALJ will consider whether OCFS proved the violations by a preponderance of the evidence—meaning it is more likely than not that the violations occurred. The provider does not have to prove innocence; OCFS must prove guilt.
What happens after a license is revoked
Once a license is revoked—either because the provider did not request a hearing or because the ALJ recommended revocation and OCFS upheld it—the provider must stop operating when ready. Children must be removed from the facility, and parents must be notified. The provider cannot legally care for children in a group setting or accept payment for child care services.
A revoked provider is barred from holding a child care license in New York State for a period determined by OCFS, which can range from a set number of years to permanently, depending on the severity of the violations. The provider's name and the reason for revocation are entered into the state's licensing database, which is available to the public.
A provider whose license has been revoked may petition OCFS for reinstatement after the specified period has passed, but reinstatement is not automatic. The provider must demonstrate that the conditions that led to revocation have been corrected and that they understand and will comply with all regulations going forward.
Appealing a revocation decision
If the ALJ recommends revocation and OCFS issues a final revocation order, the provider can appeal to the New York State Supreme Court (the trial-level court in New York). The appeal must be filed within 30 days of the final revocation order. This is a legal appeal, not a new hearing; the court reviews whether OCFS followed the law and whether the evidence supports the revocation decision.
An appeal is complex and requires an attorney. The court will not retry the case or hear new evidence; it will examine the hearing record to determine whether the ALJ and OCFS acted within their authority and whether their decision was reasonable. If the court finds that OCFS violated the provider's rights or that the decision was not supported by evidence, it can overturn the revocation. If the court upholds the revocation, the provider may seek further appeal, but the chances of success decrease at higher levels.
Preventing revocation: compliance and corrective action
The best defense against revocation is maintaining compliance with all regulations. Providers should conduct regular self-inspections using the same standards OCFS uses, keep detailed records of staff training and qualifications, maintain required staff-to-child ratios at all times, and respond promptly to any violation notice.
When OCFS issues a Statement of Deficiencies, the provider should take it seriously and correct violations before the important date. If a violation is unclear or seems incorrect, the provider can request a meeting with the OCFS regional office to discuss it. Correcting violations quickly and thoroughly shows good faith and can prevent escalation to revocation.
Providers should also maintain open communication with parents, keep the facility clean and safe, may support all staff are trained and background-checked, and document everything. If a serious incident occurs—such as a child injury or a staff member's concerning behavior—the provider should report it to OCFS when ready rather than waiting for an inspection to discover it.
Frequently Asked Questions
Can a provider continue operating while appealing a revocation?
No. Once OCFS issues a final revocation order, the license is revoked when ready, and the provider must stop operating. An appeal does not stay the revocation. The provider can request a stay from the court, but this is rarely granted unless the provider can show they are likely to win the appeal and that irreparable harm will result from the revocation.
What if a provider disagrees with the violations cited in the inspection report?
The provider can respond in writing to the Statement of Deficiencies, explaining why they believe the violations are incorrect or have been corrected. If the disagreement is not resolved, the provider can raise it at the hearing before the ALJ. The ALJ will decide whether the violations are proven based on the evidence presented.
Can a provider be revoked for a violation by a single staff member?
Yes, if the violation is serious—such as abuse or neglect—or if it shows that the provider failed to supervise staff properly. The provider is responsible for the actions of all staff members. However, if the violation is an isolated incident and the provider took when ready corrective action, revocation may not be the outcome.
How long does the revocation process take from notice to final decision?
The timeline varies. If the provider does not request a hearing, revocation can be final within weeks. If a hearing is requested, the process typically takes two to four months from the hearing request to the ALJ's decision, plus additional time if OCFS reviews the recommendation. An appeal to court adds several more months.
Can a provider whose license was revoked ever get licensed again?
Yes, but only after the specified period of ineligibility has passed and only if OCFS determines that the provider has corrected the underlying problems. The provider must submit a new process and demonstrate compliance with all regulations. OCFS will consider the reason for the previous revocation in deciding whether to grant a new license.