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: A child care center is an arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving care. Child care centers are required to meet all licensing requirements, applicable to their type of center, outlined in Chapter 110 of the North Carolina General Statutes and Chapter 9 of the Child Care Rules. Licensing requirements include but are not limited to the following: pre-licensure requirements; building, fire, and sanitation requirements; general indoor/outdoor safety requirements; staff/child ratio and supervision requirements; activity and caregiving requirements that align with the developmental needs of children in care; staff education and record requirements; indoor/outdoor space requirements; children record requirements; nutrition standards; emergency medical care and medication requirements; emergency preparedness; orientation; health and safety training; on-going training; behavior management; criminal background check requirements; developmental day requirements, school-age care, NC Pre-K requirements, and enhanced standards for facilities who voluntarily apply for a two through five star rated license. Indication of a center meeting special requirements is indicated on the license. 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: A family child care home is a child care arrangement located in a residence where, at any one time, more than two children, but less than eleven children, receive child care. Family child care homes are required to meet all applicable licensing requirements outlined in Chapter 110 of the North Carolina General Statutes and Chapter 9 of the Child Care Rules. Licensing requirements include but are not limited to the following: pre-licensure requirements; local zoning ordinances, building and sanitation requirements; general indoor/outdoor safety requirements; capacity requirements; supervision requirements; activity and caregiving requirements that align with the developmental needs of children in care; staff education and record requirements; indoor/outdoor space requirements; children record requirements; written plan of care; nutrition standards; emergency medical care and medication requirements; emergency preparedness; orientation; health and safety training; on-going training; behavior management; criminal background check requirements; and enhanced standards for facilities who voluntarily apply for a two through five star rated license. 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 a child care arrangement operated in the home of any child receiving the care where, at any one time, more than two children, but less than eleven children, receive child care. Though child care in a child’s home is not required to be licensed, in order for child/ren to participate in the subsidized child care assistance program in their own home, the child(ren)’s home must be licensed as a family child care home. In-home care facilities participating in the subsidized child care assistance program are required to meet all licensing requirements, applicable to family child care homes, outlined in Chapter 110 of the North Carolina General Statutes and Chapter 9 of the Child Care Rules. Licensing requirements include but are not limited to the following: pre-licensure requirements; local zoning ordinances, building and sanitation requirements; general indoor/outdoor safety requirements; capacity requirements; supervision requirements; activity and caregiving requirements that align with the developmental needs of children in care; staff education and record requirements; indoor/outdoor space requirements; children record requirements; written plan of care; nutrition standards; emergency medical care and medication requirements; emergency preparedness; orientation; health and safety training; on-going training; behavior management; criminal background check requirements; and enhanced standards for facilities who voluntarily apply for a two through five star rated license. 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. There are two categories of exempt providers: 1)Religious-Sponsored child care centers that meet the definition of child care must be regulated. These programs are exempt from the requirement to obtain a license and have the option to operate with a Notice of Compliance. 2)The Department of Defense (DoD) certified child care centers are exempt from licensure, this includes child development centers and school-age facilities operated aboard a military installation under the authorization of the United States DoD and certified by the DoD. 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. Religious-sponsored child care centers who meet the definition of child care must meet minimum licensing standards including obtaining approved building, fire, and sanitation inspections. These programs are exempt from meeting standards related to staff qualifications, staff development, administrative, operational, and personnel policies, and activity planning. Meeting the minimum standards is not dependent on the length of day and/or the number of children in care. Religious-sponsored centers participating in the subsidized child care assistance program, must meet health and safety requirements. DoD certified child care centers must file with the lead agency a notice of intent to operate a child care facility. As part of its notice, each DoD certified child care center must file a report indicating that it meets the minimum health and safety standards for child care facilities that are required by DoD. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Religious-Sponsored centers are monitored annually and are required to meet minimum licensing standards which include health and safety requirements, emergency medical care requirements, emergency preparedness, and life-saving trainings such as CPR, First Aid, and Infant Toddler Safe Sleep training. Staff within these centers are also required to have criminal background checks. 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. There are two categories: Religious-Sponsored family child care homes that meet the definition of child care must be regulated. These programs are exempt from the requirement to obtain a license and have the option to operate with a Notice of Compliance. Family child care homes operated aboard a military installation under the authorization of the United States Department of Defense (DoD) are certified by the DoD and therefore are exempt from state 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. Religious-Sponsored family child care homes who meet the definition of child care must meet minimum licensing standards. These programs are exempt from meeting standards related to professional development, operational policies, and activity planning. Meeting the minimum standards is not dependent on the length of day and/or the number of children in care. Religious-sponsored family child care homes participating in the subsidized child care assistance program, must meet health and safety requirements. DoD certified family child care homes must file with the lead agency a notice of intent to operate a child care facility. As part of its notice, each DoD certified child care family child care home must file a report indicating that it meets the minimum health and safety standards for child care facilities that are required by DoD. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Religious-Sponsored family child care homes are monitored annually and are required to meet minimum licensing standards which include health and safety requirements, emergency medical care requirements, emergency preparedness, and life-saving trainings such as CPR, First Aid, and Infant Toddler Safe Sleep training. Staff within these homes are also required to have criminal background checks. 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 order to be CCDF eligible, the category would be a licensed family child care home. In-home care is not considered child care in North Carolina. Though child care provided in a child’s home is not required to be licensed, if participating in the subsidized child care assistance program, the child(ren)’s home must be licensed as a family child care home. 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 is not considered child care if all of the children in care are related to each other and no more than two additional children are in care or if children are not in care for more than four hours each day. If there are more than two children in care, on a full time basis, that are not related to the in-home provider and/or the in-home care provider wanted to participate in the subsidized child care assistance program, they would have to be licensed as a family child care home and all applicable requirements would apply. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Not applicable since they would be required to meet applicable family child care home requirements.