OCFS-7077. Legally Exempt Informal Child Care Sleeping and Napping Arrangement

Form OCFS-7077, “Legally Exempt Informal Child Care – Sleeping and Napping Arrangement,” is an optional document used in New York State to formalize agreements between a parent and an informal child care provider about where and how a child will sleep or nap. Although optional, the form reflects specific regulatory requirements in 18 NYCRR §415.13 and helps both parties document safe-sleep expectations, supervision plans, and compliance with infant sleep safety rules.

Because sleep safety is one of the most regulated areas of child care, this form serves as a practical tool for preventing misunderstandings, ensuring transparency, and demonstrating adherence to state-mandated health and safety standards.

Purpose of the Form

The main purpose of OCFS-7077 is to create a written record of sleeping arrangements for a child in legally exempt informal child care. New York State requires that the parent and provider agree in writing on key details such as sleep location, sleep equipment, supervision, use of monitors, and frequency of checks. This protects the child’s safety and helps providers comply with state rules, especially for infants under 12 months of age.

Explanation of Key Sections

Parent/Caretaker and Provider Information

This section identifies the responsible adults: the person authorizing care and the individual providing it. Consistent naming prevents disputes about who signed what and clarifies accountability.

Child’s Name and Date of Birth

Age is a critical factor because New York imposes strict requirements for infants (under 12 months). Providers must follow safe-sleep rules that differ significantly from those for older children.

Area of the Home Where the Child Will Nap

This describes the specific room or designated space for rest. Parents often assume a child will nap in a quiet bedroom, while some providers may use a living room or play area. Documenting this prevents misunderstandings and ensures the environment meets regulatory expectations.

Sleeping Equipment (Mat, Cot, Bed, Crib)

The parent selects the approved sleeping surface. Providers must ensure the equipment is age-appropriate; for example, cribs are required for infants, while mats may be suitable for preschool-aged children. A common mistake is selecting a bed for a child too young to safely use it.

Supervision Plan

This is one of the most important sections. It explains how the provider will actively supervise the child during naps. Parents and providers must agree on whether supervision is direct visual monitoring or periodic physical checks.

Use of Electronic Monitors

Parents may request baby monitors for added reassurance, but New York regulations still require physical check-ins. Electronic monitoring cannot replace required supervision. This distinction is a frequent point of confusion for new providers.

Frequency of Checks

The parent and provider must specify how often the provider will physically check on the child while sleeping. This varies by age and environment, but “every 15 minutes” is a common benchmark for young children.

Acknowledgment of State Regulations for Infants

The form includes legally required statements about infant sleep safety:

• Infants (birth to 12 months) must be placed flat on their backs unless a medical provider gives written alternate instructions.
• Cribs and sleep spaces must be free of blankets, toys, pillows, bumper pads, and other suffocation hazards.
• Only a fitted sheet may be used unless medical documentation justifies exceptions.

These rules mirror national safe-sleep guidelines and help prevent sleep-related injuries and SIDS.

Legislative and Regulatory Context

New York State regulation 18 NYCRR §415.13(b)(4)(viii) requires a written agreement on sleep arrangements for informal child care providers. Additional safe-sleep rules for infants come from §415.13(b)(5)(xii–xiii). While OCFS-7077 is optional, the written agreement itself is mandatory. Providers who fail to comply may jeopardize their legally exempt status.

Practical Recommendations for Completing the Form

• Write specific room names (“second bedroom,” “child’s crib in nursery”) rather than vague descriptions.
• Ensure the selected sleeping equipment matches the child's age and needs.
• Discuss supervision expectations in advance to avoid unrealistic assumptions.
• If medical documentation exists for sleep exceptions, attach it immediately.
• Keep a copy of the signed form for both the parent and provider.

Common Mistakes to Avoid

• Selecting a sleep surface not allowed for infants (bed, couch, etc.).
• Assuming electronic monitors eliminate the need for physical checks.
• Not specifying how often the child will be checked during naps.
• Failing to document medical exemptions for alternative sleep positions.

Examples of Real Situations Where This Form Is Used

• A parent leaves their 4-month-old with a neighbor and wants written assurance that the baby will sleep in a crib with no blankets.
• A provider caring for a toddler documents that naps will take place on a cot in a designated bedroom.
• A child with reflux has medical instructions to sleep at a slight incline; the provider attaches a doctor’s note as required.
• Parents using multiple informal caregivers want consistent sleep routines and safety practices across all homes.

Documents That May Be Needed

• Medical documentation for alternative infant sleep positions.
• Doctor’s note approving use of wedges or positioners.
• Copy of the caregiver’s legally exempt enrollment paperwork.
• Parent–provider agreement or contract, if one exists.

FAQ

Is this form required by law?

No, the form itself is optional, but the written agreement on sleeping arrangements is mandatory under New York regulation.

Who should fill out the form?

The parent or caretaker and the legally exempt informal child care provider complete and sign it together.

Can electronic monitors replace in-person checks?

No. Monitors may be used, but physical checks are still required.

Do infants need special sleep arrangements?

Yes. Infants up to 12 months must sleep on their backs in an empty crib with only a fitted sheet, unless a doctor provides written exceptions.

Where should the completed form be kept?

Both the parent and provider should keep a copy for their records and compliance verification.

What happens if the provider does not follow the agreement?

This may affect the provider’s legally exempt status and can raise safety concerns requiring corrective action.

What if the child has medical sleep requirements?

A written note from a licensed health care provider must be attached to the form.

Micro-FAQ

• Purpose? To document sleep arrangements and meet NY safe-sleep requirements.
• Who files? Parent and legally exempt child care provider.
• Age rules? Infants under 12 months must follow strict safe-sleep standards.
• Monitors allowed? Yes, but they do not replace physical supervision.
• Needed attachments? Medical notes for any sleep exceptions.
• Where submitted? Kept by parent and provider; not filed with OCFS.
• Mandatory? The form is optional; the written agreement is required.
• Crib items? Only a fitted sheet—no toys, pillows, or blankets.
• Check frequency? Determined by parent and provider; must be reasonable for age/safety.

Related Forms

• OCFS-LDSS Legally Exempt Enrollment Forms
• OCFS Practice Guide for Safe Sleep
• OCFS Parent–Provider Agreement Templates

Form Details

• Form Name: Legally Exempt Informal Child Care – Sleeping and Napping Arrangement
• Form Number: OCFS-7077
• Region: New York State
• Edition Date: 05/2022