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 must be licensed if the program operates more than four hours a day and more than two days a week. Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [x] Yes. If yes, describe: Registered Church and Religious Child Care Centers. [ ] No. b. Identify the family child care providers subject to licensing: Group Child Care Home (GCCH) - (7-12 children). A GCCH is defined as a facility within a residence occupied by the operator that cares for 7 to 12 children. The number of children includes those living in the residence and children related to the operator and must be licensed. Care may be provided for eight children without an additional caregiver within a residence occupied by the operator. When the attendance reaches nine or there are more than three children under the age of 24months, an additional caregiver must be present at all times. Small Family - Family Child Care Home (FCCH) - (Up to six children at any given time) A FCCH that provides care for more than one unrelated family of children within a residence occupied by the operator on a regular basis for no more than six children including operator's own or related children must be registered. This also applies if the FCCH elects to become licensed. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [x] Yes. If yes, describe: Registered Family Child Care Home(FCCH) - (Up to six children at any given time) A FCCH provides care for more than one unrelated family of children within a residence occupied by the operator on a regular basis for no more than six children including operator's own or related children. FCCH are required to be registered but can elect to become licensed. [ ] 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. License-Exempt center-based child care. 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. License-exempt centers participating in ABC Quality operate within the legal parameters of the SC Child Care Licensing law. This includes operating only 4 hours total or less per day during the time school is in session to include transportation and late pick-up if applicable; only serving children 5 years and older; operating full days only on days school is not in session (i.e., school holidays, teacher workdays or any time school is closed). Programs who operate year-round to include summer, offer summer sessions in consecutive sessions of 3 weeks or less. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. License-exempt centers that participate in ABC Quality must meet all eligibility criteria designed to promote the health, safety and development of children in their care. The eligibility criteria requirements include: 1. Verification of the center’s exemption status, 2. Must have a current fire inspection, 3. Must not have a history of active Out of Home Abuse and Neglect (OHAN) reports, 4. Must not have history of operating illegally pursuant to SC Child Care Licensing Laws, 5. All staff that are responsible for the care of children must have current Pediatric First Aid and Child CPR certification, 6. Completion of the SC Health and Safety Pre-service certification/ECD 101 for staff (any new staff must be in compliance within 90 days of hire), 7. All staff must annually sign a discipline and maltreatment policy prohibiting the use of corporal punishment and maltreatment of children, 8. All staff must sign acknowledgement of ABC Quality Code of Ethical Conduct, 9. Must have verification of minimum staff education/qualifications, 10. Have a clear TB test and Health Assessment for all staff, 11. All child care staff members must complete a comprehensive background check which includes SLED/FBI fingerprinting, checks against in-state and out-of- state Abuse and Neglect checks, and checks against the State Sex Offender registry, 12. Must receive and comply with an on-site health and safety inspection of the program, 13. Must have mandatory written policies and procedures on the 11 health and safety topics as described in the CCDF regulations. These requirements are verified prior to enrollment and during the annual unannounced visit. These visits include validation of eligibility criteria and Health and Safety Inspection. 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. A non-related family, friend, and neighbor (FFN) child care provider is a provider who is unregulated and is not required to meet regulatory requirements. FFN providers are not considered a part of the quality rating and improvement system in SC (ABC Quality). The non-related Family, Friend and Neighbor providers who are CCDF eligible must meet State and CCDF requirements in order to receive funding. These requirements include comprehensive background checks, Pediatric First Aid and Child CPR First Aid Certification, comply with the 11 health and safety topics as described in the CCDF regulations, complete the required on-going training and an have an on-site inspection conducted by Child Care Licensing staff to evaluate the home. The Lead Agency ensures compliance with these requirements. 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. The Lead Agency does not limit the length of day for non-related family, friend and neighbor (FFN) child care providers to serve child care scholarship children. The age range for children served by non-related FFN child care providers are birth through 12 years of age or ages 13-18 years of age if the child has special needs. The non-related FFN child care providers are not allowed to serve more than one unrelated family. If more than one unrelated family wants to utilize the same FFN child care provider, the provider must then meet regulatory requirements. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Child care Licensing provides the health and safety monitoring of non-related family, friend and neighbor (FFN) child care providers. The FFN child care is monitored on all 11 health and safety topics as described in the CCDF regulations including a comprehensive background check, Pediatric First Aid and Child CPR certification and the 15 hour health and safety pre-Service training within 90 days of enrollment. A health and safety checklist has been developed and the CCL Specialists makes an announced enrollment visit within 90 days after enrollment and reviews the FFN Policy Manual with this FFN child care provider. An unannounced visit is conducted within 4-6 months after the enrollment visit. 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. A non-related family, friend, and neighbor (FFN) child care provider is a provider who is not required to meet regulatory requirements. FFN child care providers are not considered a part of the quality rating and improvement system in SC (ABC Quality). However, all non-related FFN providers must meet State and CCDF requirements in order to receive funding. These requirements include a comprehensive background check, Pediatric First Aid and Child CPR certification, complying with the 11 health and safety topics as described in the CCDF regulations, complete the required on-going training and an have an on-site inspection conducted by Child Care Licensing staff to evaluate the home. The Lead Agency ensures compliance with these requirements. When non-related FFN child care providers serve children in the home child’s home, the child care provider is classified as a domestic service worker under the Fair Labor Standards Act (FLSA) (29-USC § 206 (A) and are therefore covered under minimum wage requirements. Non-related FFN child care providers caring for the child in the child’s home will be approved only when the client has five or more children in the home that require care. 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. The Lead Agency does not limit the length of day for non-related family, friend and neighbor (FFN) child care providers to serve child care scholarship children in the child’s home. The age range for children served by non-related FFN child care providers are birth through 12 years of age or ages 13- 18 years of age if the child has special needs. The non-related FFN child care provider is not allowed to serve more than one unrelated family. If more than one unrelated family wants to utilize the same FFN child care provider, the child care provider must then meet regulatory requirements. When non-related FFN child care providers serve children in the home child’s home, the child care provider is classified as a domestic service worker under the Fair Labor Standards Act (FLSA) (29-USC § 206 (A) and are therefore covered under minimum wage requirements. Non-related FFN child care providers caring for the child in the child’s home will be approved only when the client has five or more children in the home that require care. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The non-related family, friend and neighbor (FFN) child care providers must meet State and CCDF requirements in order to receive funding. These requirements include comprehensive background checks, Pediatric First Aid and Child CPR First Aid Certification, comply with the 11 health and safety topics as described in the CCDF regulations, complete the required on-going training and an have an on-site inspection conducted by Child Care Licensing staff to evaluate the home. The non-related FFN child care providers are not allowed to serve more than one unrelated family. If more than one unrelated family wants to utilize the same FFN child care provider, the child care provider must then meet regulatory requirements. The Lead Agency ensures compliance with these requirements.