If you’ve just received a Notice of Violation or Summons from the New York State Office of Children and Family Services (OCFS) or the Department of Health (DOH), the situation can feel overwhelming.
Even minor infractions—like missing documentation or expired training—can snowball into license suspension or revocation if not handled quickly and correctly.
As a New York Daycare Defense Attorney, I represent daycare owners and operators across the state who are facing violations, inspections, or revocation proceedings. The good news: you have rights, and you have options. But time is critical.
1. Why Did I Get a Violation?
The OCFS and DOH regulate every aspect of daycare operation in New York, from building safety to staffing ratios and daily logs.
Violations can arise from routine inspections, complaints, or license renewal reviews.
Common reasons include:
- Refusing to let inspectors access the premises or records (Riel v. OCFS, 175 A.D.3d 1166 [2019]).
- Employing unapproved or unqualified caregivers (Seemangal v. OCFS, 49 A.D.3d 460 [2008]).
- Missing or incomplete attendance logs, background checks, or medical records.
- Building, sanitation, or fire-code deficiencies (People v. Nicosia, 171 Misc.2d 915 [1997]).
- Repeatedly failing to correct issues from earlier inspections (Adams v. Carrion, 85 A.D.3d 1517 [2011]).
To review all applicable standards, consult the official OCFS Child Care Regulations, which explain capacity limits, staff training, and mandatory reporting.
If your daycare is located in New York City, compliance with NYC Health Code Article 47 is also required. This covers sanitation, egress, and DOHMH permitting.
2. First Steps After Receiving a Violation Notice
Read the Notice Carefully
A violation notice will list the specific regulations violated and the corrective action required.
Under Social Services Law § 390(2), OCFS must issue written notice before any adverse action. Most providers have 10 days to respond with a Corrective Action Plan (CAP) under 9 NYCRR § 166-1.4(d).
Contact a Daycare Defense Attorney
An experienced New York Daycare Defense Attorney can help you interpret the violation, craft an appropriate CAP, and communicate directly with OCFS or DOH.
A lawyer also ensures you don’t accidentally admit fault or miss deadlines that could escalate the case.
You can learn more about legal representation for these matters at The Gilmer Law Firm Daycare Defense Page.
Don’t Wait and Hope It Goes Away
Ignoring a violation only makes things worse. OCFS and DOH maintain public databases of licensed programs, and unresolved violations often appear online, impacting your reputation and enrollment. (Adams v. Carrion, 85 A.D.3d 1517 [2011].)
3. Your Rights Under New York Law
Even though OCFS and DOH have broad authority, daycare providers are entitled to due process before their license is suspended or revoked.
Notice and Fair Hearing Rights
You must receive written notice of any proposed enforcement and an opportunity to request a fair hearing before an Administrative Law Judge (ALJ) under 18 NYCRR § 413.5(a).
If you request a hearing before the effective date of a discontinuation, you may continue operating pending the outcome (Accurso v. Berger, 87 Misc.2d 520 [Nassau Cty 1976]).
Representation and Evidence
At your hearing, you have the right to be represented by counsel, call witnesses, and challenge inspector findings (Tender Loving Care Day Care, Inc. v. OCFS, 47 A.D.3d 940 [2008]).
Proportionate Penalties
Administrative penalties must be fair and proportionate. In Lewis v. OCFS (114 A.D.3d 1065 [2014]), the court overturned revocation for a first-time supervision lapse, calling the penalty “shocking to one’s sense of fairness.”
4. The Corrective Action Plan (CAP): Your Opportunity to Fix Problems
A Corrective Action Plan (CAP) is your first—and often best—chance to prevent a violation from escalating.
A strong CAP should:
- Identify each violation and explain the correction taken.
- Include proof such as staff training certificates, updated attendance logs, or photos of repairs.
- Offer a completion timeline and internal monitoring plan.
Submitting a detailed CAP demonstrates good faith and commitment to child safety. OCFS and DOH often reduce or close cases when providers respond promptly and cooperatively (Adams v. Carrion, 85 A.D.3d 1517 [2011]).
If you need help drafting a CAP, your attorney can work with inspectors to ensure your plan meets agency expectations and protects your record.
For serious cases involving suspension, SCR findings, or foster-care license review, visit OCFS License Revocation & SCR Defense.
5. When a Hearing Becomes Necessary
If OCFS or DOH rejects your CAP or issues a “Notice of Hearing,” a formal proceeding will follow.
During this process:
- An ALJ oversees testimony and evidence.
- You can cross-examine witnesses and submit proof of compliance.
- The ALJ recommends a decision to the Commissioner.
If the decision is unfavorable, you may file a judicial appeal (Article 78 proceeding) in Supreme Court within four months. Courts review whether the decision followed lawful procedure and whether evidence supported the outcome (Frye v. Kaladjian, 209 A.D.2d 787 [1994]).
6. Avoiding Emergency Suspension
In rare cases, the agency can suspend operations without a hearing if children are in “imminent danger” (Rembert v. Perales, 187 A.D.2d 784 [1992]).
Examples include blocked emergency exits, unsafe sleeping arrangements, or refusal to admit inspectors.
Even in those cases, OCFS must provide written findings and a prompt post-suspension hearing. If those steps aren’t followed, your attorney can request reinstatement immediately.
7. How a New York Daycare Defense Attorney Helps
A daycare defense attorney can:
- Evaluate the violation and draft a Corrective Action Plan that satisfies regulators.
- Negotiate with OCFS or DOH before suspension occurs.
- Represent you at fair hearings and Article 78 appeals.
- Ensure all procedures are followed and penalties remain proportionate.
- Provide compliance training to prevent future issues.
Providers often lose their licenses not because they are unsafe, but because they don’t respond properly to administrative procedures. Early representation is key.
8. Preventing Future Problems
After resolving your violation, maintain compliance by:
- Conducting mock inspections twice a year.
- Keeping a compliance binder with training, medical, and attendance records.
- Reporting all staff or capacity changes within 15 days under 18 NYCRR § 416.15(c)(23).
- Scheduling annual reviews with legal counsel or compliance consultants.
You can find detailed regulatory guidance on OCFS’s website at OCFS Child Care Regulations.
9. When to Get Legal Help
Contact a New York Daycare Defense Attorney immediately if:
- You’ve received an OCFS or DOH Notice of Violation or Summons.
- Your CAP was rejected or you missed a deadline.
- You were told your license will be suspended.
- Violations were posted publicly or to the SCR.
Quick action can often prevent hearings, closures, and long-term damage to your professional record.
10. Final Thoughts
A daycare violation does not have to end your career. Most issues can be resolved through clear communication, corrective action, and timely legal guidance.
At The Gilmer Law Firm, PLLC, we represent daycare providers across New York State facing OCFS or DOH investigations, violations, and license suspensions.
If you’ve received a notice or summons, contact us today to protect your daycare, your license, and your livelihood.
Call (718) 864-2011 or visit The Gilmer Law Firm Daycare Defense Page to schedule a consultation.
