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 Centers are licensed and monitored by the Lead Agency and must meet licensing requirements per North Dakota Century Code 50-11.1 and North Dakota Administrative Rule 75-03-10. These programs receive one announced and one unannounced monitoring visit per year. Setting: Programs are often in free-standing buildings, businesses, community centers, or places of worship. They may be privately-owned, for-profit business or a non-profit entity that is governed by a board of directors. Age Range: Infants through 11 years old Number of Children: 19 or more children Group Child Care in a Facility programs are licensed and monitored by the Lead Agency and must meet licensing requirements per North Dakota Century Code 50-11.1 and North Dakota Administrative Code 75-03-09. These programs receive one announced and one unannounced monitoring visit per year. Setting: Programs are often in free-standing buildings, businesses, homes, community centers, or places of worship. They may be privately-owned, for-profit business or a non- profit entity that is governed by a board of directors. Age Range: Infants through 11 years old Number of Children: Up to 30 children, dependent upon square-footage requirements, staffing ratios and local ordinances. Preschool programs are licensed and monitored by the Lead Agency and must meet licensing requirements per North Dakota Century Code 50-11.1 and North Dakota Administrative Code 75-03-11. Private preschool programs provide care part-time, with hours limited to three hours a day. These programs receive one announced and one unannounced monitoring visit per year. Setting: Programs are often in free-standing buildings, businesses, community centers, or places of worship. They may be privately-owned, for-profit business or a non-profit entity that is governed by a board of directors. Age Range: 2 through 5 years old Number of Children: Varies, dependent upon square-footage requirements School-Age Child Care programs are licensed and monitored by the Lead Agency and must meet licensing requirements per North Dakota Century Code 50-11.1 and North Dakota Administrative Code 75-03-11.1. These programs offer services before and after school, sometimes on school holidays, and through the summer months. These programs receive one announced and one unannounced monitoring visit per year. Setting: Programs are often in free-standing buildings, businesses, community centers, or places of worship. They may be privately-owned, for-profit business or a non-profit entity that is governed by a board of directors. Age Range: 5 through 11 years old Number of Children: 19 or more children 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 programs are licensed and monitored by the Lead Agency and must meet licensing requirements per North Dakota Century Code 50-11.1 and North Dakota Administrative Code 75-03-08. These programs receive one announced and one unannounced monitoring visit per year. Setting: Private residence Age Range: Infants through 11 years old Number of Children: - Up to 7 children, of which no more than 3 may be under the age of 24 months, plus 2 additional school-age children, or; - Maximum of 4 children under the age of 24 months, plus 2 school-age children. - A provider’s own children under age 12 must be included in the total. Group Child Care in a Provider’s Home programs are licensed and monitored by the Lead Agency and must meet licensing requirements per North Dakota Century Code 50-11.1 and North Dakota Administrative Code 75-03-09. These programs receive one announced and one unannounced monitoring visit per year. Setting: Private residence Age Range: Infants through 11 years old Number of Children: Up to 30 children, dependent upon square-footage requirements, staffing ratios and local ordinances. A provider’s own children under age 12 must be included in the total. 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? [ ] 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. 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 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. Self-Declaration Providers 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. Self-Declared providers provide care in a private residence for up to five children through the age of eleven, of which no more than three may be under the age of twenty-four months iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Self-declared Providers: Care for 5 or fewer children, of which no more than 3 may be under that age of 24 months, in a home. These providers must meet some minimal standards, including a background check. Shall ensure a current health assessment or a health assessment statement completed by the parent is obtained at the time of initial enrollment of the child, which must indicate any special precautions for diet, medication, or activity. This assessment must be completed annually; Shall ensure a child information form completed by the parent is obtained at the time of initial enrollment of the child and annually thereafter; Shall certify completion of a department-approved basic child care course within ninety days of being approved as a provider; Shall be currently certified in infant and pediatric cardiopulmonary resuscitation and the use of an automated external defibrillator by the American heart association, the American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department; Shall be currently certified in pediatric first aid by a program approved by the department; Shall complete a minimum of three hours of department-approved training annually, including one hour on safe sleep prior to provider providing care to infants and one hour on mandated reporter of suspected child abuse or neglect. Providers are inspected prior to issuing certification and receive one monitoring visit per year. Self- declared providers are eligible to participate in the Child Care Assistance Program and the USDA Food program. 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 Provider 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 providers may provide early childhood services in a private residence for up to five children through the age of eleven, of which no more than three may be under the age of twenty-four months. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. An applicant for an in-home registration document shall be directly responsible for the care, supervision, and guidance of the child or children in the child or children's home and shall comply with the following standards, certifying in the application that the applicant: a. Is at least eighteen years of age. b. Is physically, cognitively, socially, and emotionally healthy and will use mature judgment when making decisions impacting the quality of child care. c. Shall devote adequate time and attention to the children in the applicant's care and provide an environment that is physically and socially adequate for children. d. Shall participate in specialized training related to child care if provided by or approved by the department. e. Shall complete one hour of department-approved training annually on safe sleep prior to in-home provider having unsupervised access to infants and one hour on mandated reporter of suspected child abuse or neglect. An in-home provider shall submit an application for a fingerprint-based criminal history record check at the time of application and within five years from the date of initial approval and at least once every five years thereafter.