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: New Jersey’s center-based providers subject to licensing are any home or facility maintained for the care, development, or supervision of six (6) or more children under 13 years of age who attend for less than 24 hours a day. These center-based provider types include, but are not limited to, day care centers; drop-in centers; night-time centers; recreation-type centers sponsored and operated by a county or municipal government recreation or park department or agency; day nurseries; nursery and play schools; cooperative child centers; centers for children with special needs; centers serving sick children; infant-toddler programs; school-age child care programs; employment-related centers; centers that had been licensed by the Department of Human Services prior to the enactment of the Child Care Center Licensing Act of 1984; and kindergartens and pre-kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. 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: N/A 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. The following categories of CCDF-eligible providers who are exempt from licensing requirements are: 1. Kindergartens, pre-kindergarten programs, or child care centers that are operated by the board of education of a local public school 2. Centers or special classes operated primarily for religious instruction 3. Privately operated infant and preschool programs that are approved by DOE to provide services exclusively to local school districts for children with disabilities. Youth camps are not considered center-based child care centers, and are defined as a program that offers supervised recreational and athletic activities for kids generally during the summer. Youth camps are exempt from licensure, and required to comply with the Youth Camp Safety Act of New Jersey pursuant to N.J.S.A. 26:12-1 et seq. To qualify for exemption, youth camps must have a Certificate of Approval issued by the Department of Health (DOH). 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. ● Kindergartens, pre-kindergarten programs, or child care centers that are operated by the board of education of a local public school providing elementary education in grades kindergarten through sixth. ● Kindergartens children before and after their regular school session; and pre-kindergarten before and after their regular school session, to attend no more than 3 ½ hours. ● Privately operated infant and preschool programs that are approved by DOE to provide services exclusively to local school districts for children with disabilities. ● Centers or special classes operated primarily for religious instruction that are: (1) An integral part of a bona fide church or religion; (2) Serve only children who are two years of age or older; (3) Provide a program that is composed primarily of religious instruction in which the curriculum is related to religious themes, stories, or teachings; and (4) For children under six years of age, operate and provide religious instruction for not more than two hours per day. ● Youth camps qualify for an exemption if they have a Certificate of Approval directed toward the safe operations of youth camps issued by the DOH to accommodate five or more children under 18 years of age for a period of, or portions of, 2 or more days, and include a site that is operated as a day camp. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The above programs that are exempt from New Jersey’s licensure are required to complete all CCDBG health and safety requirements, and a center-based program must become licensed to qualify as a CCDF eligible provider. Additionally, each category of care/provider type is governed by their respective authorized agencies and required to comply with state and local health and safety standards. 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. CCDF eligible family child care providers exempt from licensing are providers who are required to satisfy CCDF health and safety standards and voluntarily register pursuant to the requirements set forth in the Chapter 54 Manual of Requirements issued by the Department of Children and Families (DCF) authority. 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. A Registered Family Child Care provider shall care for no more than five children at any one time, except as specified in (b) below. (b) The provider shall be permitted to care for up to three additional children, up to a maximum of eight children at any one time, only if: (1) The additional children reside with the provider and are below six years of age. Children six years of age or older who reside with the provider shall not be included in the limit of eight children; or (2) The additional children reside with the alternate provider, the substitute provider or the provider assistant, and receive care in the family child care home for no payment. The alternate provider, the substitute provider or the provider assistant shall be present when any child who resides with that person is present. N.J.A.C. 3A:54-6.1 iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Although, Family Child Care providers are exempt from New Jersey’s licensure, they are required to be registered under the authority of the Department of Children and Families, Office of Licensing (OOL) and must satisfy all CCDF health and safety requirements, along with the requirements as set forth in Chapter 54 Manual of Requirements. 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. An in-home child care provider is an individual who is not registered pursuant to the Manual of Requirements for Family Day Care Registration (N.J.A.C. 10:126), not licensed pursuant to the Manual of Requirements for Child Care Centers (N.J.A.C. 10:122), and whose home has been evaluated and authorized for payment through the DHS/DFD’s child care assistance program and is using the Approved Home Inspection Violation Report. 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 child care provider is an individual who provides child care services in the child’s own home for fewer than 24 hours per day. This Provider Type can serve no more than two unrelated children for fewer than 24 hours of care per day, in the child’s home. Children must be 13 years old or younger, unless there is a verified disability that qualifies a child to receive care up to the age of 19. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Approved CCDF eligible in-home providers must meet all CCDBG health and safety requirements, including preservice and ongoing health and safety trainings; and are subject to annual home inspections.