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 Learning Centers which are defined as any place operated by an individual or any business entity recognized under Georgia law wherein are received for pay for group care, for fewer than 24 hours per day without transfer of legal custody, seven or more children under 18 years of age and which is required to be licensed. Child Care Learning Center also includes any day care center previously licensed by the Department of Human Resources and transferred pursuant to Code Section 20-1A-1 et seq. 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 Child Care Learning Homes which are defined as a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, at least three but not more than six Children under 13 years of age who are not Related to such persons and whose Parent(s) are not residents in the same private residence as the Provider and which is required to be licensed; provided, however, that the total number of unrelated Children cared for in such Home, for pay and not for pay, may not exceed six Children under 13 years of age at one time, except that a Provider may care for two additional children three years of age or older for two designated one hour periods daily upon approval by the Department. 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: N/A Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [x] Yes. If yes, describe: A license is not required for Informal Caregivers unless they meet the family child care learning home or child care learning center licensing requirements, but they must register with the Child and Parent Services (CAPS) program. An Informal Caregiver is a family, friend, or neighbor who provides care for no more than two unrelated (or no more than six related) children for pay. Informal care can be provided only when no other licensed care is available within a reasonable geographic area, during non-traditional hours when licensed care is not available, or if the child in care is determined to meet the special needs definition. For ￿relative informal child care￿ the arrangement may take place at the relative's residence or in the child's residence. The relative must not be included in the family unit. For ￿non-relative informal child care,￿ the non-relative caregiver must provide care in his/her own residence and may not be a resident of the household of the child(ren) receiving care. [ ] 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. Georgia law allows some types of classes or groups of programs to be exempt from licensing requirements. While Georgia has 14 exemption classes or groups, the Lead Agency has made a policy decision to pay subsidy in two types of programs: Government-owned and operated programs and school-age day camp programs 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. 1. Government-owned and operated programs: Programs owned and operated by a department or agency of federal, state, county, or municipal government can receive subsidies. Most government-owned and operated programs in Georgia are operated by local school boards at public schools to serve families that need afterschool child care. The remainder of the programs in this exemption category are mostly operated by local parks and recreation departments for children's extracurricular activities occurring after school or at day camps. 2. School-age day camp programs: Day camp programs for children age five and older that are operated between school terms, whose primary purpose is to provide organized recreational, religious, or instructional activities, can receive subsidies. The day camp programs may operate during summer and other school breaks and shall operate for no more than 12 hours per day. Children in day camp programs are school age only, and the program operates only during school breaks. In some areas of the state, there is a lack of licensed care, meaning that on-site after school programs and day camps are the only resources for working families for care outside school hours. Without this exemption category and the opportunity for subsidy children to attend, families and children could be at risk of having no child care options available to them. These exempt programs receiving CCDF are monitored annually by the Lead Agency, which ensures that all staff working in these programs have met Criminal Record Check requirements, have attended pre-service orientation, and have met training requirements; an emergency preparedness, response, and recovery plan is in place; and ensures that the program is meeting the health and safety standards defined by the Lead Agency. Data from previous monitoring efforts show that programs in these categories are substantially meeting the Georgia core rules around health and safety. In addition, all exempt programs are required to notify families that they are not licensed to ensure the families are fully informed that the program is not subject to the rules and regulations for licensed facilities. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. To ensure that these exemptions do not endanger children receiving CCDF services, the Lead Agency has the following policies/requirements in place. Exempt programs are required to: post a notification that their program is exempt from licensing; obtain a form signed by parents acknowledging that they know the program is exempt from licensing requirements; and post the Lead Agency phone number and website address for parents to see. Additionally, exempt programs are required to: ensure the Lead Agency has their current contact information; submit copies of policies, advertisements, and parental agreement forms to the Lead Agency to verify that the program functions as an exempt program; notify the Lead Agency of any changes in their accreditation and other changes in the program that may affect the program's exempt status; maintain children's attendance records and parents' signed forms that acknowledge that the program is not licensed. Exempt programs are inspected annually and must provide care that meets state health and safety standards as reflected in the health and safety monitoring checklists. The checklist can be found at: https://caps.decal.ga.gov/assets/downloads/CAPS/Appendix_GG- Exempt%20Provider%20Checklist.pdf and includes an evaluation of: activities and equipment, physical plant (bathroom, building, hazards, etc.), playgrounds, records (children, staff, training, criminal background checks, policies and procedures), discipline, hygiene, medication, staffing and supervision, playgrounds, required reporting, diapering, transportation and field trips, and safe sleep procedures. In addition, regional and state authorities such as the Department of Public Health, state and local fire marshal, and local building and zoning officials continue to have authority to inspect and approve these programs. The Lead Agency also has the authority to rescind an exemption if a program fails to meet the requirements. 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. N/A 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. N/A iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. N/A 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. N/A 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. N/A iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. N/A