Legally Exempt Childcare
Many families have unique schedules that require various types of childcare. Legally Exempt childcare is a great option for those families. This program allows parents to hire close, dependable, reliable friends and family members as their child's care providers. These hired friends and family members are called Legally Exempt childcare providers, who are also eligible to receive subsidy payments, or daycare assistance, from the county they perform their services in.
Frequently Asked Questions
Is Legally Exempt childcare legal?
- Yes, Legally Exempt childcare is legal and recognized by both Orange County and New York State. Legally Exempt Enrollment Coordinators regulate this program for all of Orange County, NY. Legally Exempt childcare providers are not registered or licensed by the Office of Children and Family Services (OCFS). Providers who care for children receiving a childcare subsidy from the Department of Social Services must meet basic health and safety regulations and are enrolled by the Child Care Council of Orange County.
How many children can a Legally Exempt provider care for?
- There is no specific limit for children in subsidized care. If there are children other than subsidized children, care capacity must not exceed 8 children.
- If children other than subsidized children are in care, no more than two unrelated children may be in care at the same time for more than three hours a day.
How much money does a Legally Exempt provider make?
- The amount paid by the county (in instances where subsidy is present) and/or by the parent(s) depends on a number of factors. Please contact our Legally Exempt department for more information.
Where does Legally Exempt care take place?
- Legally Exempt providers care for children in a residence or home.
Application and Enrollment
To start the Legally Exempt process, the parent of the child MUST first contact the Child Care Assistance Unit of Orange County's Department of Social Services located 141 Broadway, Newburgh, NY 12550. The subsidy and application line is (845) 615-5452 and the office is open from 9:00 a.m. - 5:00 p.m., Monday-Friday.
If the parent is looking to receive monetary assistance or subsidy for Legally Exempt care, a subsidy (assistance) case MUST be established with the Orange County Department of Social Services (DSS). The parent must then choose their childcare 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 enrollment application together. The application may be mailed to Box Z Quarry Road, Goshen NY 10924 ATTN: Child Care Unit or delivered in person to our offices at 141 Broadway, Newburgh, NY 12550, 18 Seward Ave, Middletown NY 10940 OR 150 Pike Street, Port Jervis, NY 12771. A Legally Exempt Enrollment Coordinator will go over the enrollment application with the parent and provider.
Once the enrollment application has been accepted and approved, it will take approximately 6-8 weeks to begin receiving payment. Parents and potential Legally Exempt Providers can learn more on the OCFS website, and also obtain the forms they need at:
Parent or Provider can search for enrolled Legally Exempt providers
OCFS-LDSS-4699 (Rev 9/2019) Enrollment Form For Provider of Legally-Exempt Family Child Care and Legally-Exempt In-Home Child Care