A legally exempt child care provider is someone that does child care and gets paid by the Child Care Assistance program distributed through the Chautauqua County Department of Mental Hygiene and Social Services (DMHSS). The provider is usually a family member or friend of the parent. They are NOT licensed/registered by NYS to do child care. The NYS Office of Children and Family Services (OCFS) oversees legally exempt informal care. The Chautauqua Child Care Council of Chautauqua Opportunities, Inc. is  the enrollment agency for legally exempt providers in Chautauqua County.

The parent calls DMHSS to apply for the Child Care Assistance. This starts the process.  716-753-4192 or click here to apply online!

If the parent is income eligible (and using a non-registered/non-licensed provider) an enrollment form will be sent in order for the provider to apply to do the child care. The paperwork lists all of the regulations for LE care. To see all regulations go to

https://ocfs.ny.gov/programs/childcare/regulations/ Part 415.

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.