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 Center A person shall obtain a license for a child care center from the department if they provide care: (a) in the absence of the child's parent; (b) in a place other than the provider's home or the child's home; (c) for five or more unrelated children; (d) for each individual child for less than 24 hours a day; (e) on an ongoing basis for four or more weeks in a year; and (f) for direct or indirect compensation. Hourly Center A person shall obtain a license for an hourly child care center from the department if they provide care: (a) in the absence of the child's parent; (b) in a place other than the provider's home or the child's home; (c) for five or more unrelated children; (d) for four or more hours per day, and no child is cared for on a regular schedule; (e) for each individual child for less than 24 hours a day; (f) on an ongoing basis for four or more weeks in a year; and (g) for direct or indirect compensation. Out of School Time Programs A person shall obtain a license for an out-of-school-time program from the department if they provide services: (a) in the absence of the child's parent; (b) in a place other than the provider's home or the child's home; (c) for five or more qualifying children; (d) for each individual child for less than 24 hours a day; (e) on an ongoing basis, on three or more days a week and for 30 or more days in a calendar year; (f) to children who are at least five years of age; and (g) for direct or indirect compensation. Commercial Preschool A person shall obtain a preschool program license from the department if they provide care: (a) in the absence of the child's parent; (b) in a place other than the provider's home or the child's home; (c) for five or more qualifying children between the ages of two and four years old, and five years old if the child is not attending school; (d) for each individual child for less than four hours a day; (e) on an ongoing basis for more than two days a week and for four or more weeks in a year; (f) for direct or indirect compensation; and (f) where care does not include preparing meals for 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: Licensed Family An individual shall obtain a family child care provider license from the department if they provide care: (a) in the provider's home; (b) in the absence of the child's parent; (c) for nine or more unrelated children; (d) for four or more hours a day; (e) for each individual child for less than 24 hours a day; (f) on a regularly scheduled, ongoing basis; and (g) for direct or indirect compensation. Residential Certificate An individual shall become certified as a residential child care provider if they provide care: (a) in the provider's home; (b) in the absence of the child's parent; (c) for nine unrelated children; (d) for four or more hours a day; (e) for each individual child for less than 24 hours a day; (f) on a regularly scheduled, ongoing basis; and (g) for direct or indirect compensation. 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 providers are not subject to licensing requirements. 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. - Public, Private, Parochial, or Higher Ed Educational Institutions - Child Care Programs Operated on School Property 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. These are providers that are license-exempt because statute exempts them if they are "Public, Private, Parochial, or Higher Ed Educational Institutions" or "Child Care Programs Operated on School Property" and have child care programs for any children between the ages of zero to 12. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. This category of care does not endanger the children who receive CCDF services since background screening checks are conducted for all covered individuals and required First Aid and CPR training must be completed. These providers are required to pass health and safety inspections and be in compliance with training as required by CCDF 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. FFN (Family, Friend and Neighbor): Care provided in the provider’s home by a relative, a friend or a neighbor 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. When the children in care are all siblings who are related to the provider and there are no other children in care, 10 children is the maximum limit a provider can care for. When there are children in care who are not siblings who are related to the provider, the provider must ensure there are no more than 8 children in care and no more than 2 of those children are younger than 2 years old. When there are more than 8 children in care who are not related to the provider, the provider must (by statute) have a Child Care Family License or Residential Certificate. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. This category of care does not endanger the children who receive CCDF services since health and safety inspections are conducted at those homes and the providers are to be in compliance with similar regulations as other licensed providers, including background checks for all covered individuals (everyone 12 years and older who resides, works, or volunteers in the facility, except for the parents of the children in FFN settings, or who has unsupervised access to the children in care) and required to complete preservice and ongoing 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 (Family, Friend and Neighbor): Care provided in the child's home by a relative, a friend or a neighbor. 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. When the children in care are all siblings who are related to the provider and there are no other children in care, 10 children is the maximum limit a provider can care for. When there are children in care who are not siblings, the provider must ensure there are no more than 8 children in care and no more than 2 of those children are younger than 2 years old. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. This category of care does not endanger the children who receive CCDF services since health and safety inspections are conducted in those homes and the providers are to be in compliance with similar regulations as other licensed providers, including background checks for all covered individuals (everyone 12 years and older who resides, works, or volunteers in the facility, except for the parents of the children in FFN settings, or who has unsupervised access to the children in care) and required to complete preservice and ongoing training.