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: Any individual who provides care for more than two (2) children or one (1) family is required to be licensed unless exempt under the Wyoming Child Care Licensing Rules and Wyoming State Statutes 14-4-101 through 14-4-111. Centers may be exempt if they are operated under a governmental agency or providing only before and after school care of school age children. The only type of center-based providers subject to licensing are Child Care Centers (CCC): facility for 16 children or more, shall not be located in any person’s residence. 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: Any individual who provides care for more than two (2) children or one (1) family is required to be licensed unless exempt under the Wyoming Child Care Licensing Rules and Wyoming State Statutes 14-4- 101 through 14-4-111. 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? [x] Yes. If yes, describe: In-home providers are license exempt. [ ] 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. In Wyoming, Child Care programs may be exempt if they fall under one or more of the following categories: Before- and after-school programs for school-aged children, Programs overseen by governmental entities or school districts, Part-time daycares who: Limit the age and number of children served; Do not administer medications, prepare food or perform diapering; and operate 10 or less hours per week. This statute has been updated since the CY2 Monitoring and went into effect on July 1, 2023. 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 Wyoming, Child Care Centers may be exempt if they offer part-time day care with a limited number of children ages 3 & 4 and do not administer medications, food, or diapering and operate 10 or less hours per week. This provision was added to the above-referenced after the CY2 Monitoring and went into effect on July 1, 2023. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Any individual who provides care for more than two (2) children or one (1) family is required to be licensed unless exempt under the Wyoming Child Care Licensing Rules and Wyoming State Statutes 14-4-101 through 14-4-111. Centers may be exempt if they are operated under a governmental agency. The Department, in an attempt to protect the safety of children, requires all exempt providers to receive the same background checks as licensed providers. Providers or household members with negative background results are ineligible to receive assistance payments. In addition, all exempt CCDF providers complete First Aid and CPR training and the other 12 federally required training and are required to meet minimum health and safety requirements as stated on the DFS-203 (a) and (b) registration contract. In addition, all exempt providers (except relative) are required to have an annual inspection to assess minimum health and safety requirements as stated on the DFS-203 (a)and (b) registration contract. The background checks, annual inspections and training will help ensure children are not in danger. 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. In Wyoming, Child Care programs may be exempt if they fall under one or more of the following categories: Small programs caring for two unrelated children or one sibling group, Before- and after-school programs for school-aged children, Part-time daycares who: Limit the age and number of children served; Do not administer medications, prepare food or perform diapering; and operate 10 or less hours per week This statute has been updated since the CY2 Monitoring and went into effect on July 1, 2023. 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 Wyoming, Child Care programs may be exempt if they fall under one or more of the following categories: Small programs caring for two unrelated children or one sibling group, Before- and after-school programs for school-aged children, Part-time daycares who: Limit the age and number of children served; Do not administer medications, prepare food or perform diapering; and operate 10 or less hours per week. This provision was added to the above-referenced after the CY2 Monitoring and went into effect on July 1, 2023. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Any individual who provides care for more than two (2) children or one (1) family is required to be licensed unless exempt under the Wyoming Child Care Licensing Rules and Wyoming State Statutes 14-4-101 through 14-4-111. Centers may be exempt if they are operated under a governmental agency. The Department, in an attempt to protect the safety of children, requires all exempt providers to receive the same background checks as licensed providers. Providers or household members with negative background results are ineligible to receive assistance payments. In addition, all exempt CCDF providers complete First Aid and CPR training and the other 12 federally required training and are required to meet minimum health and safety requirements as stated on the DFS-203 (a) and (b) registration contract. In addition, all exempt providers (except relatives) are required to have an annual inspection to assess minimum health and safety requirements as stated on the DFS-203 (a)and (b) registration contract. The background checks, annual inspections and training will help ensure children are not in danger. 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. Any individual who is employed to come to the home of the child's parent or guardian is exempt from licensure per Wyoming State Statutes 14-4-101 through 14-4-111 .14-4-102. Certification required; exceptions. (a) All child caring facilities except those excluded in subsection (b) of this section, are required to be certified by the certifying authority before exercising care, custody or control of any minor. (b) W.S. 14-4-101 through 14-4-111 do not apply to: (i) A legal parent's or legal relative's care of a minor; (ii) Occasional care of a neighbor's or friend's child if the caretaking person does not regularly engage in this activity; (iii) Parents exchanging child care on a mutually cooperative basis; (iv) Child care by a person employed to come to the home of the child's parent or guardian; 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. Any individual who is employed to come to the home of the child's parent or guardian is exempt from licensure per Wyoming State Statutes 14-4-101 through 14-4-11114-4-102. Certification required; exceptions. (a) All child caring facilities except those excluded in subsection (b) of this section, are required to be certified by the certifying authority before exercising care, custody or control of any minor. (b) W.S. 14-4-101 through 14-4-111 do not apply to: (i) A legal parent's or legal relative's care of a minor; (ii) Occasional care of a neighbor's or friend's child if the caretaking person does not regularly engage in this activity; (iii) Parents exchanging child care on a mutually cooperative basis; (iv) Child care by a person employed to come to the home of the child's parent or guardian; iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Any individual who provides care for more than two (2) children or one (1) family is required to be licensed unless exempt under the Wyoming Child Care Licensing Rules and Wyoming State Statutes 14-4-101 through 14-4-111. Centers may be exempt if they are operated under a governmental agency. The Department, in an attempt to protect the safety of children, requires all exempt providers to receive the same background checks as licensed providers. Providers or household members with negative background results are ineligible to receive assistance payments. In addition, all exempt CCDF providers complete First Aid and CPR training and the other 12 federally required training and are required to meet minimum health and safety requirements as stated on the DFS-203 (a) and (b) registration contract. In addition, all exempt providers (except relatives) are required to have an annual inspection to assess minimum health and safety requirements as stated on the DFS-203 (a)and (b) registration contract. The background checks, annual inspections and training will help ensure children are not in danger.