5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: Child Care Facilities serving children 6 weeks through preschool, School-Age Child Care Facilities and Mildly Ill Child Care Facilities. Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. b. Identify the family child care providers subject to licensing: Family Day Care Homes and Large Family Day Care Homes Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: Family Day Care Homes and Large Family Day Care Homes Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. Religious exempt child care facilities (s. 402.316, F.S.) exempt from licensure are an allowable provider type; however, these providers must meet personnel screening requirements pursuant to ss. 402.305 and 402.3055, F.S., must be accredited by or a member of an organization which publishes and requires compliance with standards for health, safety and, sanitation, and must also meet minimum requirements of any applicable local governing body as to health, sanitation, and safety. - School age child care facilities (65C-22.008, F.A.C.) may be exempt from licensure as long as the program complies with the minimum background screening requirements provided in ss. 402.305 and 402.3055, F.S., and if the program demonstrates that conditions of one of the following criteria have been met: (a) Programs on School Sites. (b) Instruction/Tutorial Programs. (c) Open Access Programs. (d) National Membership Programs. (e) Sixth Grade and above Programs. - Public school programs (s. 402.3025(1), F.S.) for children in 5-year old kindergarten and grades one or above and programs for children who are at least 3 years of age, but under 5 years of age, provided the programs are operated and staffed directly by the schools and provided they meet age-appropriate standards as adopted by the State Board of Education, are not deemed child care and are exempt from licensure. Nonpublic school programs (s. 402.3025(2), F.S.) for children in 5-year-old kindergarten and grades one or above and programs for children who are at least 3 years of age, but under 5 years of age, provided the programs are operated and staffed directly by the schools and provided that a majority of the children enrolled in the schools are 5 years of age or older and provided the programs meet background screening requirements for personnel, are not deemed child care and are exempt from licensure. However, nonpublic school programs for children who are at least 3 years of age, but under 5 years of age, which are not licensed, must substantially comply with child care standards. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Child care is defined as the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care, pursuant to s. 402. 302(1), F.S. License-exempt child care providers contracted for SR must meet the definition of child care and ratio and group size requirements. School-Age Child Care exemptions are applicable to programs that care for children who are at least 5 years of age by September 1st of the beginning of the school year and who attend grades kindergarten or above. Public and non- public school programs during the school day must adhere to the requirements outlined in s. 402.3025, F.S. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Child care facilities under the above listed exemptions that provide CCDF services must meet minimum standards for health, safety, and sanitation in Chapter 6M-4.620, F.A.C., and must complete an annual inspection by DCF to verify compliance with these minimum standards. Additionally, DCF addresses complaint allegations relevant to the minimum requirements as needed throughout the year. b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. Registered Family Day Care Homes (s. 402.313, F.S.), exempt from licensure, must register annually with DCF. Currently 15 of the 67 counties in Florida do not allow registered homes and require family day care home providers to be licensed due to a licensing ordinance or if the board of county commissioners passed a resolution stating licensure is required. Registered family day care homes must adhere to the ratio and group size requirements in s. 402.302(8), F.S. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Registered Family Day Care Homes must adhere to the ratio and group size requirements in s. 402.302(8), F.S. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Registered family day care homes are required to complete an annual health and safety checklist which includes background screening and training requirements as part of their annual registration renewal. Registered family day care homes that provide CCDF services must meet minimum standards for health, safety, and sanitation in Chapter 6M- 4.620, F.A.C., which includes preservice training, and must complete an annual inspection by DCF to verify compliance with these minimum standards. Child care personnel must successfully complete the preservice training coursework described in section 3.2 of the School Readiness Program Health and Safety Standards Handbook. All child care personnel must complete these preservice training requirements within 90 days of initial employment with any School Readiness provider. Personnel who have not completed all preservice training requirements are not allowed any unsupervised contact with or care of children in a School Readiness program. and must complete an annual inspection by DCF to verify compliance with these minimum standards. Additionally, DCF addresses complaint allegations relevant to the minimum requirements as needed throughout the year. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. In-home care, or Informal providers as identified in Rule 6M-4.610, F.A.C., may only care for up to five children from the same family and therefore, are not required to be licensed as they do not meet the definition of a child care facility in s. 402.302 (2), F.S. or a family day care home in s. 402.302(8), F.S. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. In-home care, or Informal providers as identified in Rule 6M-4.610, F.A.C., may only care for up to five children from the same family. Informal providers must meet the ratio and group size requirements outlined in the family day care home definition in s. 402.302(8), F.S., which states ￿A family day care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age: (a) A maximum of four children from birth to 12 months of age. (b) A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children. (c) A maximum of six preschool children if all are older than 12 months of age. (d) A maximum of 10 children if no more than 5 are preschool age and, of those 5, no more than 2 are under 12 months of age.￿ Additionally, Section 402.302(1), F.S., provides the definition of child care that states ￿…for a period of less than 24 hours on a regular basis…,￿ identifying hours of care that can be provided to children in care. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Informal providers who receive CCDF funding must meet the same minimum standards as family day care home providers for health, safety, and sanitation, and they must complete an annual inspection to verify compliance.