Protecting New York Daycare Providers for Over 15 Years
With over 600 successful representations, Gregory P. Mouton, Jr. is one of New York’s most experienced daycare defense attorneys. We don’t just provide legal advice; we provide a shield for your livelihood against OCFS, ACS, and the SCR. Whether you are a Group Family Daycare or a large-scale Childcare Center, we understand that your license is your life.
We've Helped 500+ Daycare Clients. How Can We Help You?
We've Helped 500+ Daycare Clients. How Can We Help You?
Types of Facilities We Defend
● Group Family Daycare (GFDC): Defending home-based providers against capacity and ratio violations.
● Family Daycare (FDC): Protection for individual providers in residential settings.
● School-Age Child Care (SACC): Specialized defense for programs serving school-aged children.
● Daycare Centers (DCC): Complex litigation for large-scale, facility-based providers.
The OCFS Hearing Process
Understanding the “Substantial Evidence” Standard
In New York, OCFS doesn’t need “beyond a reasonable doubt” to suspend your license. They only need Substantial Evidence. This is a low bar, which is why having an aggressive defense is critical.
The 4 Steps of Your Defense:
1: The Notice of Action: You receive a letter alleging a violation or intent to revoke.
2: The Request for a Fair Hearing: You have a strict deadline (often 30 days) to challenge the decision.
3: Discovery & Evidence: We scrutinize OCFS’s notes, inspector logs, and witness statements.
4: The Fair Hearing: We represent you before an Administrative Law Judge (ALJ) to prove the penalty is “shocking to one’s sense of fairness.”
Common Reasons for License Revocation
Don’t let a technicality end your career. We defend against:
● Staff-to-Child Ratio Violations: Proving “momentary lapses” vs. systemic neglect.
● SCR & ACS Indicated Reports: Fighting to seal records that prevent you from working.
● Background Check Failures: Resolving issues with un-cleared staff members.
● Supervision Lapses: Creating a narrative of mitigating circumstances to avoid revocation.
Connect with us.
About Law Office of Gregory P. Mouton, Jr., LLC
About Law Office of Gregory P. Mouton, Jr., LLC
The important work you do has special legal needs. We are New York daycare defense attorneys. Our firm understands the legal landscape daycare providers face. We keep abreast of the ever-changing laws and regulations and utilize our expertise in representing daycare providers throughout the state of New York to help you.
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Daycare Defense Frequently Asked Questions
How long do I have to appeal an OCFS license suspension?
Hearing within 30 days of the notice. Failing to meet this deadline can result in the permanent loss of your license without a trial.
Can I keep my daycare open while I’m fighting a revocation?
In many cases, yes. Unless OCFS proves an “imminent danger,” we can often fight to keep your doors open while the legal process unfolds.
What is the difference between an OCFS hearing and an ACS investigation?
OCFS handles your business license, while ACS investigates allegations of child abuse or neglect against individuals. You need a defense that coordinates both to ensure one doesn’t trigger the other.
