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What is Legally Exempt (LE) Child Care?
A legally exempt child care provider is someone that does child care and gets paid by funds through the Department of Health and Human Services (DHHS). The provider is usually a family member or friend of the parent. They are NOT licensed/registered by NYS to do child care. NYS Office of Children and Family Services (OCFS) oversees legally exempt care. The Chautauqua Child Care Council of Chautauqua Opportunities, Inc. is the enrollment agency for legally exempt providers in Chautauqua County.
The parent calls DHHS to apply for the child care subsidy. This starts the process. 716-753-4133
If the parent is income eligible (and using a non-registered/non-licensed provider) the provider will receive paperwork to apply to do child care. The paper work lists all of the regulations for LE care.
The LE paperwork is reviewed by the enrollment agency. The paperwork is often incomplete, which delays processing. Once the paperwork is complete, the next step depends on provider’s relationship to the children in care:
Great grandparent, grandparent, aunt/uncle, sibling living in a separate residence from the children-will have a records check for any Article 10 removals, Termination of Parent Rights (TPR), and indicated reports of abuse/maltreatment.
Not related or more distantly related than those above must complete and pass a comprehensive background check and complete a 5 hour online Health and Safety course.
It is important to note that the parent chooses their child care provider. The parents must ensure the provider meets their standards and provides quality care.
Inspections are required for providers not related or distantly related to children in care.