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: Per Nevada Revised Statute (NRS) 432A.024 "Child care facility" is defined as: (a) An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, to five (5) or more children under 18 years of age, if compensation is received for the care of any of those children; (b) An on-site child care facility; (c) A child care institution; or (d) An outdoor youth program. Per Nevada Administrative Code (NAC) 432A.050 "Child care center" means any facility in which the licensee regularly provides day or night care for more than 12 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: NAC 432A.100 "Family home" means any facility in which the licensee regularly provides care without the presence of parents, for at least five (5) and not more than six (6) children. DWSS/CCDP categorizes these facilities as Family Child Care (FCC) programs. NAC 432A.110 "Group home" means any facility in which the licensee regularly provides care for no less than seven (7) and no more than 12 children. DWSS/CCDP categorizes these facilities as Group Family Child Care (GFCC) programs. 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. NRS 432A.0277 ￿Out-of-school recreation program￿ means a recreation program operated or sponsored by a local government in a facility which is owned, operated or leased by the local government and which provides enrichment activities to children of school age: (a) Before or after school; (b) During the summer or other seasonal breaks in the school calendar; or (c) Between sessions for children who attend a school which operates on a year-round calendar. The term does not include a seasonal or temporary recreation program. NRS 432A.0278 ￿Out-of-school-time program￿ means a program, other than an out-of-school recreation program, that operates for 10 or more hours per week, is offered on a continuing basis, provides supervision of children who are of the age to attend school from kindergarten through 12th grade and provides regularly scheduled, structured and supervised activities where learning opportunities take place: 1. Before or after school; 2. On the weekend; 3. During the summer or other seasonal breaks in the school calendar; or 4. Between sessions for children who attend a school which operates on a year-round calendar. NRS 432A.029 ￿Seasonal or temporary recreation program￿ means a recreation program that is offered to children for a limited time or duration and may include, without limitation: 1. A special sports event, which may include, without limitation, a camp, clinic, demonstration or workshop which focuses on a particular sport; 2. A therapeutic program for children with disabilities, which may include, without limitation, social activities, outings and other inclusion activities; 3. An athletic training program, which may include, without limitation, a baseball or other sports league and exercise instruction; and 4. Other special interest programs, which may include, without limitation, an arts and crafts workshop, a theater camp and dance competition. 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. Before or after school; On the weekend; During the summer or other seasonal breaks in the school calendar; or Between sessions for children who attend a school, which operates on a year-round calendar. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The Child Care Licensing (CCL) Program conducts annual health and safety reviews of OSR and seasonal/temporary recreation providers to ensure the health, safety, and development of children following CCDF standards. The CCR&R agencies conduct annual health and safety reviews of OST providers to ensure the health, safety, and development of children following CCDF standards. Upon receiving a complaint for any of the license-exempt center-based provider types, NRS 432A.700-.740 allows the CCL Program to investigate the facility to ensure the following: 1. Requirements are being met concerning first aid and emergency exit plan(s). 2. Background checks and child abuse and neglect screenings are being done for all staff members and termination of staff is occurring based upon receipt of certain information; staff have the opportunity to correct information with the CCL. A civil penalty may be issued via the Attorney General’s Office if the facility is found non-compliant with 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. Per NRS 432A.024, a family child care facility may care for up to four (4) children without a license. Family, Friend and Neighbor (FFN) providers are license exempt due to serving four (4) or less children. 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. Per NRS 432A.024, a licensed child care facility does not include (a) The home of a natural parent or guardian, foster home as defined in NRS 424.014 or maternity home; (b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility; (c) A home in which a person provides care for the children of a friend or neighbor for not more than four (4) weeks if the person who provides the care does not regularly engage in that activity; (d) A location at which an out-of-school-time program is operated; (e) A seasonal or temporary recreation program; or (f) An out-of-school recreation program. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. For any providers that serve CCDF-eligible children, all applicable health and safety requirements are implemented in addition to monitoring those providers. All FFN providers must: - Provide proof that they are at least 18 years of age; - Be a U.S. citizen or Lawful Permanent Resident; - Provide a picture ID; - Provide a Social Security Card; - Have a working telephone for emergency situations at the location where care is being provided; - Provide verification of home address; - Complete a Background Disclosure Form; - Report any public assistance received from any state, city or county agency using the Notice to Report Form; - Complete the Employer Responsibility Form; - Complete the Parent/Provider Agreement; and - Complete Health & Safety training. 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. FFN providers are license-exempt providers. FFN providers can be a relative or non-relative and may provide services in the child’s home (in-home) for up to four (4) children. FFN providers who offer in-home services must care for a minimum of two (2) subsidy children to be eligible as an 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. FFN providers are license-exempt providers. FFN providers can be a relative or non-relative and may provide services in the child’s home (in-home) for up to four (4) children. FFN providers who offer in-home services must care for a minimum of two (2) subsidy children to be eligible as an in-home provider. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Immunization Exemption: In- home care and care provided by a qualified relative in the relative’s home is exempt from this requirement unless there are other unrelated children present. A qualified relative is defined as grandparents, great grandparents, siblings, aunts, and uncles. Home Visit Recommendations for Improvement Exception: Recommendations for improvements for in-home care must be made, however, termination must not occur if recommendations for improvement are not pursued. The health, safety, and development of children in in-home care is not endangered due to annual visits, standard enforcement, and the provision of trainings to caregivers to ensure these providers have the tools and resources they need to provide a quality care environment.