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: Any place or center operated by any institution, political subdivision, society, agency, corporation, person or persons, or any other group for the purpose of providing care, supervision, and guidance of seven or more children, not including those related to the caregiver, unaccompanied by parent or legal custodian, on a regular basis for at least 12 1/2 hours in a continuous 7-day week 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 providers are exempt from licensing. 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: In-home care is license-exempt. 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. CCDF-eligible Public School and BESE- Approved Nonpublic School Child Care Centers are exempt from licensing requirements. (BESE is the state Board of Elementary and Secondary Education.) A "School Child Care Center" is defined as any prekindergarten, or before and after school programs, or summer programs operated by a public school or a BESE-approved nonpublic school. 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. Sites that care for children who are age 3 or younger by September 30th of the current school year must be licensed. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Child Care Assistance Program center-based child care providers exempt from licensing, such as schools, are subject to numerous health and safety regulations found in BESE Bulletin 119 - Louisiana School Transportation Specification and Procedures, BESE Bulletin 135 - Health and Safety, and BESE Bulletin 741 - Handbook for School Administrators. In addition, school facilities are inspected twice annually, and school kitchens are inspected four times annually by the Louisiana Department of Health, Office of Public Health. Schools are also inspected annually by the Office of State Fire Marshal. Additionally, BESE Bulletin 139 - Louisiana Child Care and Development Fund Program sets forth safety and health requirements for providers applying for registration and certification of eligibility for CCAP, including increased health and safety regulations passed by the Lead Agency’s State Board (BESE). These providers also receive monitoring inspections twice per year by the Lead Agency’s Licensing team. 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. One or more individuals who provide child care services in a private residence other than the child's residence. 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. Bulletin 139 Section 103 states, ￿One or more individuals who provide child care services for fewer than 24 hours per day per child up to age 13 or children with special needs who are under age 18 , unless care in excess of 24 hours is due to the nature of the parent’s work, for six or fewer children, in a private residence other than the child’s residence.￿ iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Family child care providers are subject to the Louisiana "Family Child Care Provider and In Home Child Care Provider Registration Law," which requires all family child care and in-home child care providers that receive public funds to be registered (La. R.S. 17:407.63). Each family child care and in-home provider must be inspected and approved annually by the Office of State Fire Marshal (La. R.S.17:407.64). Additionally, BESE Bulletin 139 - Louisiana Child Care and Development Fund Program sets forth safety and health requirements for providers applying for registration and certification of eligibility for CCAP, including increased health and safety regulations passed by the Lead Agency’s State Board (BESE). These providers also receive monitoring inspections twice per year by the Lead Agency’s Licensing team. 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. Bulletin 139, Section 103 states, ￿an individual who provides child care services in the child or children’s own home up to age 13 or children with special needs who are under age 18 is exempt from licensure.￿ 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. An in-home provider must be the sole caregiver for the children in the home during the hours for which the provider was certified to provide care. An in- home provider may not employ additional staff to care for the children. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Family child care and in-home providers are subject to the Louisiana "Family Child Care Provider and In Home Child Care Provider Registration Law," which requires all family child care and in- home child care providers that receive public funds to be registered (La. R.S. 17:407.63). Each family child care and in-home provider must be inspected and approved annually by the Office of State Fire Marshal (La. R.S.17:407.64). Additionally, BESE Bulletin 139 - Louisiana Child Care and Development Fund Program sets forth safety and health requirements for providers applying for registration and certification of eligibility for CCAP, including increased health and safety regulations passed by the Lead Agency’s State Board (BESE).