A measles outbreak at a metro Atlanta daycare has grown to 10 confirmed cases, according to the Georgia Department of Public Health. Two additional cases were confirmed, bringing Georgia’s total measles cases in 2026 to 16. Measles is highly contagious, and symptoms typically appear 7 to 14 days after exposure, including fever, cough, runny nose, and a characteristic rash. Health officials stress that the MMR vaccine is safe and effective, and they urge anyone exposed to contact their healthcare provider before visiting a medical facility. Read the original article
While this outbreak occurred in Georgia, it serves as a critical reminder for daycare providers in New York. Measles outbreaks can trigger regulatory investigations, license suspensions, and even civil liability. As a daycare owner, you have a legal duty to protect the children in your care from communicable diseases. This includes maintaining accurate immunization records, excluding sick children, and reporting outbreaks to health authorities.
OCFS Part 416 Regulations
For day care centers outside New York City, OCFS Part 416 sets the minimum standards. In a measles outbreak scenario, the following sections may be implicated:
- Section 416.11 – Immunization Records: Daycare centers must maintain up-to-date immunization records for every child. If a child without proper measles vaccination was admitted, this section could be violated.
- Section 416.12 – Exclusion of Ill Children: Centers must exclude any child showing symptoms of a communicable disease. If a child with measles was allowed to remain in the center, this is a direct violation.
- Section 416.6 – Health and Safety: This section requires centers to maintain a clean, sanitary environment and to take steps to prevent the spread of disease.
OCFS Part 418-1 Regulations
For day care centers, including those in New York City, Part 418-1 contains similar requirements. Potential violations during a measles outbreak include:
- Section 418-1.11 – Immunization Records: The same record-keeping requirements apply.
- Section 418-1.12 – Exclusion of Ill Children: Sick children must be excluded from the program.
- Section 418-1.6 – Health and Safety: Centers must follow proper sanitation and infection control protocols.
DOHMH Article 47 Regulations
In New York City, the Department of Health and Mental Hygiene (DOHMH) regulates day care centers under Article 47 of the Health Code. The following sections are relevant:
- Section 47.21 – Immunization: Centers must verify that children are immunized against measles and other diseases.
- Section 47.23 – Exclusion of Sick Children: Children with suspected measles or other communicable diseases must be excluded immediately.
- Section 47.11 – Sanitation and Health: Centers must maintain hygienic conditions and follow infection control measures.
What This Means for You
If your daycare is facing a communicable disease outbreak, a regulatory investigation, or a license suspension, you need experienced legal guidance. The attorneys at the Law Office of Gregory P. Mouton, Jr., LLC are here to help daycare owners navigate OCFS and DOHMH enforcement actions. Contact us today for a consultation.
