When you’re running a licensed child care business, few things are more upsetting than receiving a notice from the Office of Children and Family Services (OCFS) or learning that an Administration for Children’s Services (ACS) report could impact your ability to operate. You’ve worked hard to build a safe, trusted environment for families in your community, and that work can feel like it’s in jeopardy overnight.
At The Gilmer Law Firm, PLLC, based in Brooklyn, we represent licensed child care providers across New York who are facing license suspension, revocation, or other enforcement actions. Whether the issue stems from an inspection, complaint, or investigation, we’ll help you respond quickly and protect what you’ve built.
Why Child Care Licenses Are Placed at Risk
OCFS and ACS take child safety seriously. While that’s important, it also means that even minor issues can trigger investigations and enforcement. Some of the most common reasons child care providers face license threats include:
- Allegations of inadequate supervision
- Staff background check issues
- Unsafe facility conditions or health code violations
- Improper documentation or recordkeeping
- Operating outside approved child-to-staff ratios or hours
- Anonymous complaints, sometimes without supporting evidence
In some cases, agencies may issue an emergency suspension if they believe there’s an immediate risk to children in your care, even before a full hearing takes place. These situations are not only stressful, but they can also bring your operations to a halt within days. If ACS is involved in a child protection matter, that can also result in OCFS license action.
Types of Child Care Licenses We Help Defend
New York’s child care system includes several types of licenses and registrations, each with its own rules and oversight. We represent providers with:
- Group Family Day Care licenses
- Family Day Care registrations
- Day Care Center licenses
- School-Age Child Care programs
Whether you’re running a center or caring for children in your home, your license or registration can still come under review. We help providers across all categories respond to investigations and defend their right to continue operating.
What to Expect During an OCFS or ACS Investigation
When OCFS or ACS receives a complaint or observes a potential violation, they may initiate an investigation that includes:
- Interviews with staff, children, and parents
- A review of your facility and records
- Unannounced inspections
- Written notices of violations or deficiencies
At the end of an investigation, you may receive a warning, be asked to submit a corrective action plan, or face formal action such as suspension or revocation. Some investigations result in warnings or required corrective action, while others may lead to more serious steps like suspension or revocation.
If that happens, you have the right to contest it through a formal hearing—a process we explain below.
Understanding the Suspension and Revocation Process
While ACS plays an important role in child protection investigations, it does not have the authority to suspend or revoke a child care license. However, an indicated report from ACS can still have serious consequences. It may affect your ability, or your staff’s ability, to work with children in any licensed setting.
In most cases, the New York State Department of Health (DOH) conducts inspections and reports its findings to the OCFS. If the DOH identifies violations and recommends suspension or revocation, OCFS may issue a notice to the provider.
You will then have the opportunity to contest the allegations through a formal hearing process. These hearings take place before an administrative law judge and give you the chance to present evidence, clarify misunderstandings, and push back on unfair recommendations. This step is critical—it’s your opportunity to defend your license and your right to operate.
Our Approach to Child Care License Defense
We understand how much is riding on your ability to continue offering care. That’s why we work with providers to respond promptly, thoroughly, and strategically. Our approach is grounded in clear communication and strong advocacy.
With over two decades of legal experience, attorney George Gilmer has represented individuals and small business owners across New York, including child care providers facing high-stakes agency actions. He knows how these cases unfold and what it takes to fight back when your license is on the line.
Depending on your situation, we will:
- Review the specific allegations, inspection reports, and agency correspondence
- Draft and submit responses to notices of violation
- Represent you at OCFS or ACS administrative hearings
- Work with you to create and present a corrective action plan
- Challenge unsupported claims and push back against unnecessary license restrictions
- File appeals if your license is suspended or revoked
Our goal is to preserve your license and minimize disruption to your business. We also help providers put better compliance systems in place moving forward so you can focus on care, not paperwork.
Why Legal Representation Matters
Child care providers often feel blindsided by these investigations. The process can be confusing, fast-moving, and frustrating. And while OCFS and ACS may seem cooperative, they’re still building a case from their perspective.
Having an attorney means you don’t have to figure it all out on your own. We help ensure your responses are strong, your documents are in order, and your voice is heard. You’ve worked hard to earn and maintain your license—we’ll work just as hard to defend it.
Protect Your License and Your Career
A child care license represents your livelihood and your connection to the families you serve. If you’re facing a potential suspension, revocation, or any kind of investigation by OCFS or ACS in Brooklyn or the greater New York City area, don’t wait. Call The Gilmer Law Firm, PLLC, today to schedule a confidential consultation. We’ll help you take the next step toward protecting your future.