What Revocation Means and When New York Terminates a License

License revocation is the permanent termination of a daycare's operating authority in New York. Unlike suspension, which is temporary and can be lifted, revocation ends the license entirely. Once revoked, a facility cannot legally operate as a daycare in New York State, and the owner cannot reapply for a new license for a set period — typically one to five years depending on the reason.

The New York State Department of Health (NYSDOH) and the Office of Children and Family Services (OCFS) issue revocations when violations are serious enough that continued operation poses a risk to children. Revocation is not automatic; it follows a formal hearing process where the facility owner can present a defense.

Revocation differs from closure. A facility can be closed temporarily by court order or by the owner's choice to surrender the license. Revocation is a regulatory punishment imposed by the state after investigation and a finding of serious violations.

Key Takeaways

  • New York revokes daycare licenses permanently when violations involve child safety, abuse, neglect, or serious health code failures.
  • The facility owner receives written notice of violations and has the right to a hearing before revocation becomes final.
  • Revoked owners cannot reapply for a license for one to five years, depending on the violation type.
  • Parents are notified in writing when a license is revoked, and the facility must close when ready.
  • Revocation records are public and appear in the OCFS database that parents use to check daycare history.

Violations That Lead to Revocation in New York

New York revokes licenses for violations in a few broad categories. The most serious are those involving direct harm to children: substantiated abuse, sexual abuse, severe neglect, or repeated failure to report suspected abuse to authorities. A single incident of physical abuse by staff or a pattern of neglect can trigger revocation.

Health and safety violations also lead to revocation when they are willful or repeated. Examples include operating without required staff certifications, failing health inspections related to food safety or disease control, operating beyond licensed capacity, or maintaining a facility with structural hazards (broken locks, exposed electrical wiring, unsafe sleeping areas). If a facility fails a health inspection and then fails the follow-up inspection, revocation becomes likely.

Financial violations and fraud can result in revocation as well. This includes falsifying records, misusing subsidy payments, or failing to maintain required financial documentation. Operating without a valid license or continuing to operate after suspension has also been revoked is grounds for when ready revocation.

Repeated violations over time — even if each one alone might result in a fine or suspension — can accumulate to the point where the state determines the facility cannot be trusted to operate safely. The state considers the facility's history, the severity of each violation, and whether the owner has made genuine efforts to correct problems.

How the Revocation Process Works

The process begins with an investigation. OCFS or NYSDOH receives a complaint or conducts a routine inspection and identifies violations serious enough to consider revocation. The investigator documents findings and submits a report.

The facility owner then receives a formal notice of violation and intent to revoke. This notice lists each violation, the regulation or law that was broken, and the date of the hearing. The owner has the right to request a hearing before an administrative law judge (ALJ) within a set timeframe — usually 10 to 30 days depending on the violation type.

At the hearing, the state presents evidence of the violations. The facility owner can present witnesses, documents, and testimony in their defense. The owner can argue that violations were corrected, that the investigation was flawed, or that circumstances have changed. The ALJ listens to both sides and issues a recommended decision.

If the ALJ recommends revocation, the decision goes to the state agency commissioner for final approval. The owner can request a review of the ALJ's decision before it becomes final. Once the commissioner approves revocation, the license is terminated and the facility must close when ready. The owner receives written notice of the final decision and the date the revocation takes effect.

What Happens to the Daycare and Its Staff

When a license is revoked, the facility must stop operating as a daycare on the effective date. Children must be withdrawn, and parents are notified in writing by the state and usually by the facility owner as well. The facility cannot care for children even in a temporary or informal capacity once revocation is final.

Staff members lose their jobs at that facility. They do not automatically lose their individual certifications (such as CPR or childcare provider credentials), but they cannot work at any licensed daycare in New York until they are hired by a facility with a valid license. A staff member who was found to have committed abuse or neglect may be added to the state's child abuse and maltreatment registry, which bars them from working with children in any capacity.

The facility's physical space cannot be used for childcare. The owner cannot lease it to another operator or convert it to an unlicensed home daycare without meeting all the requirements for a new license process — and if the owner is barred from reapplying, they cannot operate any daycare in New York during the ban period.

The Reapplication Ban and Timeline

A revoked owner cannot reapply for a new daycare license for a minimum period set by the state. The length of the ban depends on the reason for revocation. Bans typically range from one to five years, with longer bans for violations involving abuse or fraud.

For example, revocation due to substantiated child abuse may result in a five-year ban. Revocation due to repeated health code violations might result in a two-year ban. The notice of revocation specifies the ban period.

After the ban period expires, the owner can submit a new license process. However, the revocation remains on the facility's record and is visible to the public in the OCFS database. A new process will be scrutinized closely, and the state may impose additional conditions or monitoring requirements.

How Parents and the Public Find Out About Revocation

Parents of children currently enrolled are notified in writing by both the facility and the state. The notification includes the effective date the facility must close and information about finding alternative childcare. Some facilities provide transition support or referrals to other programs.

The public can search for revoked facilities in the OCFS Online Daycare Lookup tool, which is free and accessible on the OCFS website. The database shows the facility name, location, license status, and a summary of violations. Revoked facilities appear with a status of "License Revoked" or similar language, and the date of revocation is listed.

Parents researching a daycare can see its full history, including any past suspensions, violations, and revocations. This record is permanent and searchable, which is why revocation has lasting consequences for the facility's reputation even after the reapplication ban expires.

Options if Your Daycare License Is Revoked

If you are a daycare owner facing revocation, your first step is to request a hearing if you have not already done so. The hearing is your opportunity to present evidence that violations were not as serious as alleged, have been corrected, or do not justify permanent closure. Bring documentation, witness statements, and any evidence of corrective actions you have taken.

If revocation is upheld, you can request a review of the ALJ's decision or appeal to the state agency commissioner. The appeals process is limited and typically focuses on whether the ALJ followed proper procedure or misinterpreted the law, not on re-arguing the facts. Consult with an attorney who specializes in administrative law or childcare licensing if you plan to appeal.

During the reapplication ban period, you cannot operate a daycare in New York. Some owners use this time to address the underlying issues — completing additional training, improving facility conditions, or resolving financial problems — so that a future process is stronger. Others leave the childcare field entirely.

Frequently Asked Questions

Can a revoked license ever be reinstated?

No. Revocation is permanent. However, after the ban period expires, the owner can explore for a new license. The old revocation remains on record, but a new license is technically a fresh process. The state will review the process carefully given the history.

What if I disagree with the violations found during the investigation?

Request a hearing before the administrative law judge. You can present evidence, call witnesses, and challenge the state's findings. If you lose at the hearing, you can request a review by the agency commissioner, though this is a limited appeal focused on procedure and law, not re-examination of facts.

Do staff members get a say in the revocation process?

No. The hearing is between the state and the facility owner. Staff members are not parties to the case, though they may be called as witnesses. If a staff member was found to have committed abuse or neglect, they may face their own separate investigation and potential placement on the child abuse registry.

How long does the revocation process take from investigation to final closure?

The timeline varies. An investigation may take weeks to months. The hearing request and hearing itself can take another two to four months. Once the ALJ issues a decision and the commissioner approves it, revocation is final. Total time from investigation to closure is often six months to a year, though it can be faster in urgent cases.

Can I find out why a specific daycare was revoked?

Yes. The OCFS Online Daycare Lookup tool shows the facility's status and often includes a brief summary of violations. You can also contact OCFS directly to request more detailed information about a facility's history, though some details may be confidential if they involve a child's identity.