State/Child Care Setting Child Care Setting Definition ......Arizona Child Care Facilities...

State/Child Care Setting Child Care Setting Definition ExemptionsAlabamaGeneral Definitions/ Exemptions FACILITY FOR CHILD CARE OR CHILD CARE FACILITY. A facility established by any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or

which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody, in any facility as defined in this chapter, established and maintained for the care of the children. Ala. Admin. Code r. 660-5-26-.01(12); 660-5-27-.02(11).

No person, group of persons or corporation may operate or conduct any facility for child care, as defined in this chapter, without being licensed or approved as provided in this chapter; provided, however, that nothing in this section or in this chapter prohibits an employee of the department from carrying out the duties of the department as provided in this title. Provided, further, the provisions of this chapter shall not apply to preschool programs which are an integral part of a local church ministry or a religious nonprofit elementary school, and are so recognized in the church or school's documents, whether operated separately or as a part of a religious nonprofit elementary school unit, secondary school unit or institution of higher learning under the governing board or authority of said local church or its convention, association, or regional body to which it may be subject; provided that notice is filed by the governing board or authority of the church or school with the department that said church or school meets the definition of a local church ministry or a religious nonprofit elementary school under terms of this Act and are exempt from regulation by the department and a notice of intent to operate said programs is given to the appropriate fire and health departments so that said facilities shall be inspected in accordance with the state and local fire and health requirements for such programs. Ala. Code §38-7-3.

Family Day Care Homes & Nighttime Homes; Group Day Care Homes & Group Nighttime Homes DAY CARE HOME. A child care facility which is a family home and which recieves not more than six (6) children for care during the day. Ala. Admin. Code r. 660-5-27-.02(8).

FAMILY HOME. A family home is the dwelling in which the applicant/licensee resides. (Residence is determined by address, mortgage payment or rent, voting district, property taxes, etc.) Ala. Admin. Code r. 660-5-27-.02(12).

GROUP DAY CARE HOME. A child care facility which is a family home and which receives at least seven but no more than twelve children for care during part of the day where there are at least two adults present and supervising the activities. Ala. Admin. Code r. 660-5-27-.02(13).

NIGHT CARE FACILITY. A child-care facility which is a center or a family home receiving a child or children for care after 7:00 p.m. A "night care facility is further defined as follows:a. NIGHTIME HOME. A fmily home which receives no more than six children for care after 7 p.m.b. GROUP NIGHTTIME HOME. A child care facility which is a family home which receives at least seven but no more than twelve children for nighttime care, where there are at least two adults present and supervising the activities. Ala. Admin. Code r. 660-5-27-.02(16).

See General Exemptions above.

Day Care Centers & Nighttime Centers DAY CARE CENTER. Any child-care facility receiving more than twelve (12) children for daytime care during all or part of a day. The term "day care center" includes, but is not limited to, facilities commonly called "child-care centers", "day nurseries", "nursery schools", "kindergartens", and "play groups", with or without stated educational purposes. The term further includes, but is not limited to, kindergarten or nursery schools or other daytime programs operated as a part of a private school and receiving children younger than lawful school age for daytime care for more than four hours a day, with or without stated educational purposes. Ala. Admin. Code r. 660-5-26-.01(8).

NIGHT CARE FACILITY. A child-care facility which is a center or a family home receiving a child or children for care after 7:00 p.m. Ala. Admin. Code r. 660-5-26-.01(15).

NIGHTTIME CENTER. A facility which is established to receive more than 12 children for nighttime care after 7:00 p.m. Ala. Admin. Code r. 660-5-26-.01(16).

DAY CARE CENTER. The term does not include any of the following: (a) Kindergartens or nursery schools or other daytime programs operated by public elementary systems or secondary level school units or institutions of higher learning; (b) Kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age.(c) Kindergartens or nursery schools or other daytime programs operated as a part of a private school and receiving children younger than lawful school age for four hours a day or less, with or without stated educational purposes; (d) Facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and readily available; provided, however, that such facilities shall meet local and state fire and health requirements; (e) Any type of day care center that is conducted on federal government premises; or (f) Special activities programs for children of lawful school age including, but not limited to, athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations; provided, however, that local and state fire and health requirements are met. Ala. Admin. Code r. 660-5-26-.01(8).

See General Exemptions above.AlaskaGeneral Definitions/ Exemptions "child care" or "care" means the supervision and provision of developmental opportunities, with or without compensation, to a child who does not have a parent present; "child care" or "care"

includes services in or away from the child care facility; Alaska Admin. Code tit. 7, § 57.990(5).None.

Child Care Facilities A child care facility(1) means a place where child care is regularly provided for children for periods less than 24 hours in duration unless nighttime care is authorized by the department;(2) includes a child care center, a child care group home, and a child care home; and(3) includes the administation, program, and physical plant of a child care facility, other parts of the building housing the facility, and adjoining grounds over which the administrator has direct control. Alaska Admin. Code tit. 7, §57.010(a).

"child care center" means a child care facility for 13 or more children. Alaska Admin. Code tit. 7, § 57.990(7).

"child care group home" means a child care facility, usually in an occupied residence, for nine to 12 children. Alaska Admin. Code tit. 7, § 57.990(8).

"child care home" means a child care facility, usually in an occupied residence, for no more than eight children. Alaska Admin. Code tit. 7, § 57.990(9).

Exemptions from licensure requirements. (a) The following facilities or programs are exempt from the licensure requirements of AS 47.32 and this chapter: (1) a facility in which child care is regularly provided and each child's parent is on the premises within reasonable proximity and accessibility to the child; (2) a facility located on a United States Department of Defense or United States Coast Guard installation that is located on federal property, or a facility certified as a family child care provider by a branch of the United States Department of Defense or by the United States Coast Guard; (3) a recreational program that allows children to attend but that does not assume responsibility for care of the children; (4) a daytime therapeutic program of supervised, educational, and rehabilitative services for children with special needs as described in 7 AAC 57.940, or with behavioral problems; (Exemptions and Equity) (5) a program whose primary function is educational and that (A) is certified as a pre-elementary school under AS 14.07.020 and 4 AAC 60; (B) serves children ages three through five years and, under 4 AAC 60.020, is exempt from 4 AAC 60; or (C) is operated as a Head Start preschool program required to meet standards established under 42 U.S.C. 9836a; (6) a temporary facility that provides care for one specific one-time occurrence scheduled for less than five weeks in any 12-month period, including a conference or weekend seminar; for purposes of this paragraph, a temporary facility does not include a day camp or similar facility or program described in (11) of this subsection; (7) a facility that regularly provides care to four or fewer children who are not relatives of the caregiver; “regularly provides care” means that a child is enrolled for regular care, regardless of whether that child receives full-time or part-time care; (8) a facility in which the caregiver is a relative of all of the children; (9) a facility in which the caregiver is caring for a child in the child's own home, regardless of whether the caregiver is a relative of the child; (10) a public or private elementary school program, kindergarten through grade six, lasting seven or fewer hours each day; the exemption in this paragraph does not apply to child care provided at the school site before or after school; (11) subject to (b) of this section, a day camp or similar facility or program that (A) holds a current accreditation or certification from the American Camping Association or another national accreditation group with standards the department finds are substantially similar to the requirements of this chapter; a facility or program that believes it should be exempt under this paragraph shall submit the standards to the department for review and approval; (B) provides services for children age five years and older; (C) operates more than five weeks in any 12-month period; and (D) operates only during summer, winter, and spring school breaks. (b) To be exempt from the licensure requirements of AS 47.32 and this chapter under (a)(11) of this section, a facility or program must implement and conduct a fingerprint-based criminal history check that meets or exceeds the standards set in 7 AAC 10.900 – 7 AAC 10.990 for each employee and other individual associated with the facility in a manner described in 7 AAC 10.900(b). If the facility or program does not conduct fingerprint-based criminal history checks as described in this subsection, (1) except for the requirements of this chapter dealing with criminal history checks, the department will accept the accreditation or certification standards of the facility or program in lieu of licensing requirements of this chapter; and (2) the facility or program must meet the applicable requirements of AS 47.05.300 – 47.05.390 and 7 AAC 10.900 – 7 AAC 10.990 (Barrier Crimes, Criminal History Checks, and Centralized Registry). Alaska Admin. Code tit. 7, § 57.015.

ArizonaChild Care Facilities "Facility" has the same meaning as "child care facility" in A.R.S. § 36-881. Ariz. Admin. Code §§ 9-2-101 (4), 9-5-101(44).

"Child care facility" means any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor. Ariz. Rev. Stat. § 36-881(3).

This article does not apply to the care given to children by or in: 1. The homes of parents or blood relatives.2. A religious institution conducting a nursery in conjunction with its religious services or conducting parent-supervised occasional drop-in care.3. A unit of the public school system, including specialized professional services provided by school districts for the sole purpose of meeting mandated requirements to address the physical and mental impairments prescribed in section 15-771. If a public school provides child care other than during the school's regular hours or for children who are not regularly enrolled in kindergarten programs or grades one through twelve, that portion of the school that provides child care is subject to standards of care prescribed pursuant to section 36-883.04. 4. A regularly organized private school engaged in an educational program which may be attended in substitution for public school pursuant to section 15-802. If the school provides child care beyond regular public school hours or for children who are not regularly enrolled in kindergarten programs or grades one through twelve, that portion of the school providing such care shall be considered a child care facility and is subject to the provisions of this article. 5. Any facility that provides training only in specific subjects, including dancing, drama, music, self-defense or religion and tutoring provided by public schools solely to improve school performance. 6. Any facility that provides only recreational or instructional activities to school age children who may enter into and depart from the facility at their own volition. The facility may require the children to document their entrance into and departure from the facility and this documentation does not affect the exemption under this paragraph. The facility shall post a notice stating it is not a licensed child care facility under section 36-882. 7. Any of the Arizona state schools for the deaf and the blind. 8. A facility that provides only educational instruction for children who are at least three and not older than six years of age if all the following are true: (a) The facility instructs only in the core subjects of math, reading and science. (b) The facility does not accept state-subsidized tuition for the children. (c) A child is present at the facility for not more than two and one-quarter hours a day and not more than three days a week. (d) The instruction is not provided in place of care ordinarily provided by a parent or guardian. (e) The facility posts a notice that the facility is not licensed under this article. (f) The facility requires fingerprint cards of all personnel pursuant to section 36-883.02. 9. A facility that operates a day camp that provides recreational programs to children if all of the following are true: (a) The day camp is accredited by a nationally recognized accrediting organization for day camps as approved by the department. (b) The day camp operates for less than twenty-four hours a day and less than ten weeks each calendar year. (c) The day camp posts a notice at the facility and on its website that it is not licensed under the laws of this state as a child care facility. (d) The day camp provides programs only to children who are at least five years of age. (e) The day camp requires fingerprint cards of all personnel pursuant to section 36-883.02. Ariz. Rev. Stat. 36-884.

Child Care Group Homes "Child care group home" has the meaning in A.R.S. § 36-897. Ariz. Admin. Code § 9-2-101(5).

"Child care group home" means a residential facility in which child care is regularly provided for compensation for periods of less than twenty-four hours per day for not less than five children but no more than ten children through the age of twelve years. Ariz. Rev. Stat. § 36-897(1).

A. This article does not apply to the care given to children by or in: 1. The homes of their own parents. 2. A religious institution conducting a nursery in conjunction with its religious services. 3. A unit of the public school system. 4. A regularly organized private school engaged in an educational program which may be attended in substitution for public school pursuant to section 15-802. 5. Any facility that provides training only in specific subjects, including dancing, drama, music, self-defense or religion. 6. Any facility that provides only recreational or instructional activity to school age children who may come to and go from that facility at their own volition. B. If regularly organized private schools exempt under subsection A, paragraph 4 of this section provide child care beyond public school hours or for children who are not regularly enrolled in kindergarten programs or grades one through twelve, that portion of the school providing this care shall be considered a child care group home and is subject to this article. Ariz. Rev. Stat. § 36-897.04.

ArkansasChild Care Centers "Child Care Center" means any Child Care Facility conducted under public or private auspices on a profit or nonprofit basis providing direct care and protection for children. Any facility that is open

more than five (5) hours during any 24 hour period or more than a total of ten (10) hours during a seven (7) day period is considered a Child Care Center and shall be subject to the provisions of the Child Care Facility Licensing Act. Ark. Admin. Code 016.22.1, Appendix A(2).

Those facilities meeting the above definitions but operating no more than three (3) weeks per calendar year are not required to comply with the licensing requirements, i.e.: Summer Bible Schools and Camps.For purposes of determining the need for a license, all care provided at the site of a licensed program is considered a part of the licensed program and therefore subject to licensing requirements. This includes separate buildings located on the same property or any other property under the same ownership. However, Mother’s Day Out and other part time programs serving children not participating in the licensed program are exempt as long as they operate no more than 5 hours per day or 10 hours per week. A public or private school which operates a Kindergarten (K5) in conjunction with grades one and above, or for grades one and above only and provides short-term custodial care (not to exceed 20 hours weekly) prior to and/or following classes for those students, is not required to comply with licensing requirements for the short-term custodial care provided. Ark. Admin. Code 016.22.1, Appendix A(2).

Church-Operated ExemptionsPlease note that all regulations included in this manual also apply to Church Operated Exempt (COE) facilities.1. Act 245 of 1983 defines those facilities that may apply for an exemption from obtaining of license to operate a child care facility and the process through which such exemption may be granted. The facility must be operated by a church or group of churches and be exempt from the State Income Tax levied by Act 118 of 1929, as amended. The person or persons in charge of such a facility shall submit a written request to the Division for such exemption along with the following:a. Verification of Tax ID ownership by the churchb. Verification that the facility is operated by a church or group of churchesc. Verification that the facility has been inspected annually and meets the applicable fire safety and health standardsd. Certification from the facility that it is in substantial compliance with published standards that similar nonexempt child care facilities are required to meet. Ark. Admin. Code 016.22.1-107.

Out of School Time "Out-of-School Time Program" means a child care/school-age or youth development program caring for children who are in kindergarten (K-5 years of age) and above. OST care includes before and after school care, extended care during the school holiday, summer day camps, and youth development programs. Ark. Admin. Code 016.22.13, Appendix A(15).

OST Programs which operate with children arriving and leaving voluntarily for scheduled classes, activities, practice, games, and meetings are defined as recreational programs, and do not fall under the definition of requiring licensure as an OST Program.For purposes of determining the need for a license, all care provided at the site of a licensed OST program is considered a part of the licensed program and therefore subject to licensing requirements. This includes separate buildings located on the same property or any other property under the same ownership. Part time programs serving participants not participating in the licensed OST program are exempt as long as they operate no more than 5 hours per day or 10 hours per week. A public or private school which operates a Kindergarten (K5) in conjunction with grades one and above, or for grades one and above only and provides short-term custodial care (not to exceed 20 hours weekly) prior to and/or following classes for those students, is not required to comply with licensing requirements for the short-term custodial care provided. Ark. Admin. Code 016.22.13, Appendix A(15).

Church-Operated Exemption Please note that all regulations included in this manual also apply to Church Operated Exempt (COE) OST facilities. 1. Act 245 of 1983 defines those facilities that may apply for an exemption from obtaining of license to operate a child care facility and the process through which such exemption may be granted. The facility must be operated by a church or group of churches and be exempt from the State Income Tax levied by Act 118 of 1929, as amended. The person or persons in charge of such a facility shall submit a written request to the Division for such exemption along with the following: a. Verification of Tax ID ownership by the church b. Verification that the facility is operated by a church or group of churches c. Verification that the facility has been inspected annually and meets the applicable fire safety and health standards d. Certification from the facility that it is in substantial compliance with published standards that similar nonexempt OST facilities are required to meet. Ark. Admin. Code 016.22.13-107.

Licensed Child Care Family Homes A Child Care Family Home is defined as a situation in which children are cared for in a caregiver’s own family residence or in some other suitable family type residence. Ark. Admin. Code 016.22.4-102(1).

A home requires licensing when one (1) or more persons care for six (6) or more children, from more than one (1) family at the same time. A maximum of sixteen (16) children may be cared for with a Child Care Family Home license. Ark. Admin. Code 016.22.4-102(4).

None.

Registered Child Care Family Homes There are three (3) types of registered homes as follows:1. Registered Child Care Family Home: a situation in which five (5) or less children are cared for in the caregiver’s own residence or in some other suitable family type residence.2. Relative Child Care Family Home: a situation in which five (5) or less children are cared for by a relative of the child(ren). The relationship must be that of a grandparent, great-grandparent, aunt, uncle, sibling (residing out of the home). The registered relative may provide the child care either in his/her home or the home of the child(ren). Proof of relationship must be provided. The following must be provided to verify proof of relationship:a. the child(ren)’s birth certificate(s) b. the parent’s birth certificate c. marriage license of the parent (if parent’s last name has changed) d. marriage license of the caregiver (if last name has changed) e. birth certificate of the caregiver (if the application is for an aunt or uncle)3. In-Home Child Care Provider: an individual selected by the family to provide the day care to five (5) or less children in the child(ren)’s own home. The In-Home Registration is not valid for child care provided outside the child(ren)’s own home. Ark. Admin. Code 016.22.6-103(1-3).

If at any time care is provided to six or more children from more than one family, the law requires the provider to be licensed. The caregiver’s own preschool children shall be considered when determining the need for a license or registration. The caregiver’s own school age children are not considered when determining the need for a license or registration. Other children in the home who are not accompanied by a parent are considered as being in care whether pay is received for the care or not. Ark. Admin. Code 016.22.6-103(7).

None.

CaliforniaGeneral Definitions/ Exemptions "Child Care Facility" or "Child Day Care Facility" (or "facility") means any place or building in which less than 24-hour per day nonmedical care and supervision, as defined in Section 101152c.(2),

are provided to children in a group setting. The term "Child Care Facility" supersedes the term "Child Day Care Facility" as used in previous regulations. Cal. Code Regs. tit. 22, § 101152(c)(9).None.

Family Child Care Homes (1) "Family Day Care" or "Family Child Care" means regularly provided care, protection and supervision of children, in the care giver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away. The term "Family Child Care" supersedes the term "Family Day Care" as used in previous regulations.(A) "Small Family Child Care Home" means a home that provides family child care for up to six children, or for up to eight children if the criteria in Section 102416.5(b) are met. These capacities include children under age 10 who live in the licensee's home.(B) "Large Family Child Care Home" means a home that provides family child care for up to 12 children, or for up to 14 children if the criteria in Section 102416.5(c) are met. These capacities include children under age 10 who live in the licensee's home and the assistant provider's children under age 10. Cal. Code Regs. tit. 22, § 102352(f).

As specified in Health and Safety Code Section 1596.792, the child care center regulations contained in this division shall not apply to any of the following:(1) Any health facility, as defined by Section 1250 of the Health and Safety Code. (2) Any clinic, as defined by Section 1202 of the Health and Safety Code. (3) Any community care facility, as defined by Section 1502 of the Health and Safety Code. (4) Any family day care home providing care for the children of only one family in addition to the operator's own children. (5) Any cooperative arrangement between parents for the care of their children where no payment is involved and the arrangement meets all of the following conditions: (A) In a cooperative arrangement, parents shall combine their efforts so that each parent, or set of parents, rotates as the responsible care giver with respect to all the children in the cooperative. (B) Any person caring for children shall be a parent, legal guardian, stepparent, grandparent, aunt, uncle, or adult sibling of at least one of the children in the cooperative. (C) There can be no payment of money or receipt of in-kind income in exchange for the provision of care. This does not prohibit in-kind contributions of snacks, games, toys, blankets for napping, pillows, and other materials parents deem appropriate for their children. It is not the intent of this paragraph to prohibit payment for outside activities, the amount of that may not exceed the actual cost of the activity. (D) No more than 12 children are receiving care in the same place at the same time. (6) Any arrangement for the receiving and care of children by a relative. (7) Any public recreation program. "Public recreation program" means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county that meets either of the following criteria: (A) The program is operated only during hours other than normal school hours for grades K12, inclusive, in the public school district where the program is located, or operated only during periods when students in grades K-12, inclusive, are normally not in session in the public school district where the program is located, for either of the following periods: 1. For under 16 hours per week. 2. For a total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks within any 12-month period, without regard to whether the weeks are consecutive.(B) The program is provided to children who are over the age of four years and nine months and not yet enrolled in school and the program is operated during either of the following periods: 1. For under 16 hours per week. 2. For a total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks within any 12-month period, without regard to whether the weeks are consecutive. (C) The program is provided to children under the age of four years and nine months with sessions that run 12 hours per week or less and are 12 weeks or less in duration. A program subject to this paragraph may permit children to be enrolled in consecutive sessions throughout the year. However, the program shall not permit children to be enrolled in a combination of sessions that total more than 12 hours per week for each child.(8) Public and private schools that operate a program before and/or after school for school-age children provided all of the following conditions are met: (A) The program offered by a school must be operated by the school and run by qualified teachers employed by the school or the school district. (B) An outside organization or individual using a public or private school site to operate child care program is subject to licensure, even if the program is open only to the children enrolled at that school.(9) Any school parenting program or adult education child care program that satisfies both of the following: (A) Is operated by a public school district or operated by an individual or organization pursuant to a contract with a public school district. (B) Is not operated by an organization specified in Section 1596.793.(10) Any child day care program that operates only one day per week for no more than four hours on that one day.(11) Any child day care program that offers temporary child care services to parents and which satisfies both of the following: (A) The services are only provided to parents and guardians who are on the same premises as the site of the child day care program

Infant Care Centers Infant Care Center" means any child care center or part of a child care center of any capacity where less than 24-hour per day nonmedical care and supervision are provided to infants in a group setting. Cal. Code Regs. tit. 22, § 101152(i)(2).


Child Care Centers for Mildly Ill Children None. As specified in Health and Safety Code Section 1596.792, the child care center regulations contained in this division shall not apply to any of the following:(1) Any health facility, as defined by Section 1250 of the Health and Safety Code. (2) Any clinic, as defined by Section 1202 of the Health and Safety Code. (3) Any community care facility, as defined by Section 1502 of the Health and Safety Code. (4) Any family day care home providing care for the children of only one family in addition to the operator's own children. (5) Any cooperative arrangement between parents for the care of their children where no payment is involved and the arrangement meets all of the following conditions: (A) In a cooperative arrangement, parents shall combine their efforts so that each parent, or set of parents, rotates as the responsible care giver with respect to all the children in the cooperative. (B) Any person caring for children shall be a parent, legal guardian, stepparent, grandparent, aunt, uncle, or adult sibling of at least one of the children in the cooperative. (C) There can be no payment of money or receipt of in-kind income in exchange for the provision of care. This does not prohibit in-kind contributions of snacks, games, toys, blankets for napping, pillows, and other materials parents deem appropriate for their children. It is not the intent of this paragraph to prohibit payment for outside activities, the amount of that may not exceed the actual cost of the activity. (D) No more than 12 children are receiving care in the same place at the same time. (6) Any arrangement for the receiving and care of children by a relative. (7) Any public recreation program. "Public recreation program" means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county that meets either of the following criteria: (A) The program is operated only during hours other than normal school hours for grades K12, inclusive, in the public school district where the program is located, or operated only during periods when students in grades K-12, inclusive, are normally not in session in the public school district where the program is located, for either of the following periods: 1. For under 16 hours per week. 2. For a total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks within any 12-month period, without regard to whether the weeks are consecutive.(B) The program is provided to children who are over the age of four years and nine months and not yet enrolled in school and the program is operated during either of the following periods: 1. For under 16 hours per week. 2. For a total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks within any 12-month period, without regard to whether the weeks are consecutive. (C) The program is provided to children under the age of four years and nine months with sessions that run 12 hours per week or less and are 12 weeks or less in duration. A program subject to this paragraph may permit children to be enrolled in consecutive sessions throughout the year. However, the program shall not permit children to be enrolled in a combination of sessions that total more than 12 hours per week for each child.(8) Public and private schools that operate a program before and/or after school for school-age children provided all of the following conditions are met: (A) The program offered by a school must be operated by the school and run by qualified teachers employed by the school or the school district. (B) An outside organization or individual using a public or private school site to operate child care program is subject to licensure, even if the program is open only to the children enrolled at that school.(9) Any school parenting program or adult education child care program that satisfies both of the following: (A) Is operated by a public school district or operated by an individual or organization pursuant to a contract with a public school district. (B) Is not operated by an organization specified in Section 1596.793.(10) Any child day care program that operates only one day per week for no more than four hours on that one day.(11) Any child day care program that offers temporary child care services to parents and which satisfies both of the following: (A) The services are only provided to parents and guardians who are on the same premises as the site of the child day care program

Child Care Centers "Child Care Center" or "Day Care Center" (or "center") means any child care facility of any capacity, other than a family child care home as defined in Section 102352f.(1), in which less than 24-hour per day nonmedical care and supervision are provided to children in a group setting. The term "Child Care Center" supersedes the term "Day Care Center" as used in previous regulations. Cal. Code Regs. tit. 22, § 101152(c)(7).


ColoradoGeneral Definitions/ Exemptions None. Licensing Exemptions

A license is not required for: 1. A special school or class in which more than seventy five (75) percent of the time that children are present is spent in religious instruction. Religious instruction is defined to include such developmentally appropriate children's activities as worship, singing religious songs, listening to religious stories, learning and practicing religious cultural activities, and participating in religious celebrations; 2. A special school or class operated for a single skill-building purpose; 3. A child care center operated in connection with a church, shopping center, or business where children are cared for during short periods of time, not to exceed three hours in any twenty-four hour period of time, while parents or persons in charge of such children, or employees of the church, shopping center, or business whose children are being cared for at such location are attending church services at such location, shopping, patronizing or working on the premises of the business. This facility must be operated on the premises of the church, business, or shopping center. Only children of parents or guardians who are attending a church activity or patronizing the business or shopping center or working at the church, shopping center or business can be cared for in the center; 4. Occasional care of children with or without compensation, which means the offering of child care infrequently and irregularly that has no apparent pattern; 5. A family care home in which less than 24-hour care is given for only one child or two or more children who are siblings from the same family household at any one time; 6. A child care facility that is approved, certified, or licensed by any other state department or agency, or by a federal government department or agency, which has standards for operation of the facility and inspects or monitors the facility; 7. The medical care of children in nursing homes; 8. Ski area guest child care facilities as defined at Sections 26-6-102(5) and 26-6-103.5, C.R.S; 9. Neighborhood Youth Organizations as defined at Sections 26-6-102(5.8) and 26-6-103.7, C. R.S; 12 Colo. Code Regs. § 2509-8:7.701.11(B).

Child Care Centers “Childcare centers”, less than 24-hour programs of care defined at Section 26-6-102(1.5), C.R.S., include the following types of facilities: 1. A “large child care center” provides care for sixteen (16) or more children between two and one-half (2-1/2) and sixteen (16) years of age. 2. A “small child care center” provides care for five (5) through fifteen (15) children between two (2) and sixteen (16) years of age. 3. An “infant program” provides care for children between six (6) weeks and eighteen (18) months of age. 4. A “toddler program” provides care for children between the ages of twelve (12) months (when walking independently) and thirty-six (36) months of age. 5. “Preschool” is a part-day child care program for five (5) or more children between the ages of two and one-half (2-1/2) and seven (7) years of age. 6. “Kindergarten” provides a program for children the year before they enter the first grade. 7. A “school-age child care center” means a child care center that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The centers purpose is to provide child care and/or an outdoor recreational experience using a natural environment. The center operates for more than one week during the year. The term includes facilities commonly known as “day camps”, “summer camps”, “summer playground programs”, “before and after school programs”, and “extended day programs.” This includes centers operated with or without compensation for such care, and with or without stated educational purposes. a. A “building-based school-age child care program” means a child care program that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The center is located in a building that is regularly used for the care of children. b. A “mobile school-age child care program” provides care for five (5) or more children who are at least seven (7) years of age or have completed the first grade. Children move from one site to another by means of transportation provided by the governing body of the program. The program uses no permanent building on a regular basis for the care of children. c. An “outdoor-based school-age child care program” provides care for five (5) or more children who are at least seven (7) years of age or have completed the first grade. This program uses no permanent building on a regular basis for the care of children. Children are cared for in a permanent outdoor or park setting. 12 Colo. Code Regs. § 2509-8:7.701.2(C).

Child care centers, less than 24-hour care (referred to as “centers”), provide comprehensive care for children when the parents or guardians are employed or otherwise unavailable to care for the children. Child care centers may operate twenty four (24) hours a day, but the children are cared for at the center fewer than twenty four (24) hours a day. 12 Colo. Code Regs. § 2509-8:7.702.1(A).

Child care centers, less than 24-hour programs of care, include the following types of facilities: 1. A “large child care center” provides care for 16 or more children between the ages of 2 1/2 and 18 years. 2. A “small child care center” provides care for 5 through 15 children between the ages of 2 and 18 years. 3. An “infant program” provides care for children between the ages of 6 weeks and 18 months. 4. A “toddler program” provides care for children between the ages of 12 months (when walking independently or with a health care provider’s statement indicating developmental appropriateness of placement in a toddler program) and 36 months. 5 “Preschool” is a part day child care program for 5 or more children between the ages of 2 1/2 and 7 years


Family Child Care Home “Family Child Care Home”, defined at Section 26-6-102(4), C.R.S., means a type of family care home that provides less than 24-hour care for two (2) or more children on a regular basis in a place of residence. Children in care are from different family households and are not related to the head of household. 12 Colo. Code Regs. § 2509-8:7.701.2(A)(1).

A “Family Child Care Home” (FCCH) is a type of family care home that provides less than twentyfour (24) hour care at any time for two (2) or more children that are unrelated to each other or the provider, and are cared for in the provider’s place of residence. 12 Colo. Code Regs. § 2509-8:7.707.22(A).

In a regular (FCCH) home, care may be provided for six (6) children from birth to eighteen (18) years of age with no more than two (2) children under two (2) years of age. 12 Colo. Code Regs. § 2509-8:7.707.22(B).

A three (3) under two (2) license is a type of license that allows a provider to care for six (6) children from birth to eighteen (18) years of age with no more than three (3) children under two (2) years of age, with no more than two (2) of the three (3) children under twelve (12) months; the capacity includes the provider's own children under twelve (12) years of age. 12 Colo. Code Regs. § 2509-9:7.707.22(C).

An infant/toddler license is a type of family care home that provides less than twenty-four (24) hour care only for children who are between birth and three (3) years old. 12 Colo. Code Regs. § 2509-9:7.707.22(D).

A large child care home is a family child care home that provides care for seven (7) to twelve (12) children. 12 Colo. Code Regs. § 2509-8:7.707.22(E).


Residential Child Care Facilities Residential Child Care Facility1. “Residential Child Care Facility”, defined at Section 26-6-102(8), C.R.S., shall provide twenty-four (24) hour residential group care and treatment for five (5) or more children between the ages of three (3) and eighteen (18) years old and for those persons to twenty-one (21) years old who are placed by court order prior to their eighteenth birthday. A residential child care facility must offer opportunities for a variety of experiences through a group living program and specialized services that can be used selectively in accordance with an individual plan for each child. A residential child care facility includes “Shelter Care Facilities”, “Residential Child Care Facilities”, and “Psychiatric Residential Treatment Facilities”.2. “Transition Program” may be a component of an RCCF program in which the child is residing in the RCCF part of the time and in a living situation that child is expected to move to after treatment in the RCCF is completed. The purpose of transition is to enable the child to transition to the home or a less restrictive setting in a manner that prepares the child for success in the new setting. 12 Colo. Code Regs. § 2509-8:7.701.2(G).

A “residential child care facility (RCCF)” shall provide twenty-four (24) hour residential group care and treatment for five or more children, between the ages of three (3) and sixteen (16) years old and for children from sixteen (16)-eighteen (18) years old and for those persons to twenty-one (21) years old who are placed by court order prior to their eighteenth birthday. A residential child care facility shall offer opportunities for a variety of services that can be used selectively in accordance with an individual plan for each child. A residential child care facility is operated under private, public or nonprofit sponsorship. 12 Colo. Code Regs. § 2509-8:7.705.1.


Day treatment Center A “Day Treatment Center”, defined at Section 26-6-102(2.4), C.R.S., means a facility that provides less than twenty-four (24) hour care for groups of five (5) or more children three (3) to twenty-one years of age. Nothing prohibits a day treatment center from allowing a person who reaches twenty-one (21) years of age after the commencement of an academic year from attending an educational program at the day treatment center through the end of the semester in which the twenty-first birthday occurs or until the person completes the educational program, whichever comes first. The center must provide a structured program of various types of psychosocial and/or behavioral treatments to prevent or reduce the need for placement of the child out of the home or community. This definition does not include special education programs operated by a public or private school system or programs that are licensed by other regulations of the Department of Human Services for less than twenty-four (24) hour care of children, such as a child care center or part-day preschool. 12 Colo. Code Regs. §§ 2509-8:7.701.2(E), 7.706.1.


Children's Resident Camps “Children's Residential Camp”, is defined at Section 26-6-102(2.2), C.R.S. 1. A residential camp may have a “primitive camp” which is a portion of the permanent camp premises or another site at which the basic needs for camp operation such as places of abode, water supply systems, and permanent toilet and/or cooking facilities are not usually provided. 2. A “travel-trip camp” shall be known as a camp in which there is no permanent camp site and children move from one site to another. The travel-trip camp either originates in Colorado or moves into and/or through Colorado from another state and operates for three or more consecutive twenty four (24) hour days during one or more seasons of the year for the care of five (5) or more children who are at least ten (10) years old or have completed the fourth grade. The program shall have as its purpose a group learning experience offering educational and recreational activities utilizing an outdoor environment. 12 Colo. Code Regs. §§ 2509-8:7.701.2(D)(A), 7.711.1(A).

“Children's resident camp” means a facility operating for three or more consecutive twenty-four-hour days during one or more seasons of the year for the care of five or more children. The facility shall have as its purpose a group living experience offering education and recreational activities in an outdoor environment. The recreational experiences may occur at the permanent camp premises or on trips off the premises. Colo. Rev. Stat. § 26-6-102(8)(a).


School Age Child Care Centers A “school-age child care center” (hereafter referred to as the “center”) is a child care center that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The center's purpose is to provide child care and/or an outdoor recreational experience using a natural environment. The center operates for more than one week during the year. The term includes facilities commonly known as “day camps”, “summer camps”, “summer playground programs”, “before and after school programs”, and “extended day programs”. This includes centers operated with or without compensation for such care, and with or without stated educational purposes. 12 Colo. Code Regs. § 7.712.2(A).

A “building-based school-age child care program” is a child care program that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The center is located in a building that is regularly used for the care of children. 12 Colo. Code Regs. § 7.712.2(B).

A “day camp” is a school-age child care program which operates at least four (4) hours a day primarily during one season of the year, and during school vacation periods for children between five (5) and eighteen (18) years of age, which accepts registrations for finite, not necessarily contiguous sessions. Programs may operate daily between 6:00 a.m. and 10:00 p.m. Day camp programs may incidentally offer not more than two overnight stays each camp session. The day camp provides a creative recreational and educational opportunity through group oriented programs. The day camp utilizes trained leadership and the resources of the natural surroundings to contribute to each child’s mental, physical, social, and personal growth. The types of day camps are as follows: 1. A “building based day camp” is a child care program that provides care for five (5) or more children who are between five and eighteen years of age. The day camp is located in a building which, along with the outdoor surroundings, is regularly used by the program. 2. A “mobile day camp” is a child care program that provides programming for five (5) or more children who are at least seven (7) years of age or who have completed the first grade. Children move from one site to another by means of transportation provided by the governing body of the program. The program uses no permanent building on a regular basis. Mobile day camp programs may operate in multiple sites under one license. 3. An “outdoor-based day camp” is a child care program that provides care or five (5) or more children who are at least seven (7) years of age or have completed the first grade. The day camp uses no permanent building on a regular basis and provides programming in a permanent outdoor or park setting. 12 Colo. Code Regs. § 7.712.2(C).


ConnecticutChild Care Center Offers or provides a program of supplementary care to more than twelve related or unrelated children outside their own homes on a regular basis. Conn. Gen. Stat. § 19a-77(1); Conn. Agencies

Regs. § 19a-79-1a(10). No person, group of persons, association, organization, corporation, institution or agency, public or private, shall operate a child day care center or group day care home without a license issued by the department [of Public Health]. Conn. Gen. Stat. § 19a-80(a); Conn. Agencies Regs. § 19a-79-2a(a).

Group Child Care Home Offers or provides a program of supplementary care (A) to not less than seven or more than twelve related or unrelated children on a regular basis, or (B) that meets the definition of a family child care home except that it operates in a facility other than a private family home. Conn. Gen. Stat. § 19a-77(2); Conn. Agencies Regs. § 19a-79-1a(31).

No person, group of persons, association, organization, corporation, institution or agency, public or private, shall operate a child day care center or group day care home without a license issued by the department [of Public Health]. Conn. Gen. Stat. § 19a-80(a); Conn. Agencies Regs. § 19a-79-2a(a).

Family Child Care Homes Consists of a private family home caring for not more than six children, including the provider's own children not in school full time, where the children are cared for not less than three or more than twelve hours during a twenty-four hour period and where care is given on a regularly recurring basis except that care may be provided in excess of twelve hours but not more than seventy-two consecutive hours to accomodate a need for extended care or intermittent short-term overnight care. During the regular school year, a maximum of three additional children who are in school full time, including the provider's own children, shall be permitted, except that if the provider has three or more children who are in school full time, all of the provider's children shall be permitted. Conn. Gen. Stat. § 19a-77(3); Conn. Agencies Regs. § 19a-87b-2(14-15).

No person, group of persons, association, organization, corporation, institution or agency, public or private, shall maintain a family child care home ... without a license issued by the Commissioner of Early Childhood. Conn. Gen. Stat. § 19a-87b(a).

Youth Camps Any regularly scheduled program or organized group activity advertised as a camp or operated only during school vacations or on weekends by a person, partnership, corporation, association, the state or a municipal agency for recreational or educational purposes and accommodating for profit or under philanthropic or charitable auspices five or more children, who are at least three years of age and under sixteen years of age, who are (A) not bona fide personal guests in the private home of an individual, and (B) living apart from their relatives, parents or legal guardian, for a period of three days or more per week or portions of three or more days per week, provided any such relative, parent or guardian who is an employee of such camp shall not be considered to be in the position of loco parentis to such employee's child for the purposes of this chapter... Conn. Gen. Stat. § 19a-420(1)

Youth camp ... Does not include (i) classroom-based summer instructional programs operated by any person, provided no activities that may pose a health risk or hazard to participating children are conducted at such programs, (ii) public schools, or private schools in compliance with section 10-188 and approved by the State Board of Education or accredited by an accrediting agency recognized by the State Board of Education, which operate a summer educational program, (iii) licensed day care centers, or (iv) drop-in programs for children who are at least six years of age administered by a nationally chartered boys' and girls' club. Conn. Gen. Stat. § 19a-420.

No person shall establish, conduct or maintain a youth camp without a license issued by the Office [of Early Childhood]. Con. Gen. Stat. § 19a-421.

DelawareEarly Care and Education and School Age Centers Early care and education and school-age centers provide care, education, protection, supervision, or guidance for 13 or more children, including children who are related to the licensee. Service is

provided on a regular basis for periods of less than 24 hours per day, unattended by parent or guardian, and for compensation. This definition shall include but is not limited to full- and part-time day care, child care, early care and education, early childhood education, preschool, nursery school, extended child care, independently operated kindergartens, before-or after-school care, school-age care, school's out care, school vacation or holiday care, and summer child care. 9 Del. Admin. Code 101-3.1.

"Early Care and education" also known as "child care" means the care, education, protection, supervision, or guidance or children beginning at birth. "School-age care" means care, education, protection, supervision, or guidance for school-age children before of after-school, during school holidays, or during summer months. "School-age center" means a center that exclusively provides care for school-age children. 9 Del. Admin. Code 101-4.0.

The following facilities that operate for less than 24 hours per day shall be exempt from licensure under these regulations: A. Camps issued permits by the Division of Public Health; B. An institution, agency, association, or organization under State of Delaware ownership and control; C. Classes for religious instruction conducted by religious institutions during the summer months for periods not to exceed four weeks;D. Programs established in connection with a business, recreation center, or religious institution in which children are provided care for brief periods of time, while parent/guardian is on the premises, are readily accessible at all times on an on-call basis, and are able to resume control of the child immediately; E. Programs that offer activities for children over the age of six who attend at their own discretion on an „open door‟ basis, where there is no compensation, and where there is no agreement, written or implied, between the program and the parent/guardian for the program to assume responsibility for the care of the child;F. Programs that offer school-age care on an ad hoc, sporadic, and isolated basis in order to meet an emergency or special need or to provide specific skill instruction; or G. A public or private school that provides regular and thorough instruction through at least the sixth grade in the subjects prescribed for the schools of the State, in a manner suitable to the children of the same age and stage of advancement, and that reports to the State Board of Education pursuant to 14 Delaware Code, Section 2704. This exclusion shall include all programs operated by these schools, except as stated above, and shall also include preschool education programs for people with disabilities as defined by 14 Delaware Code, Section 3101(4). 9 Del. Admin. Code 101-3.3.

9 Del. Admin. Code 101-12.0. All regulations must be complied with in their entirety unless the applicant or licensee submits a written request for a regulation variance to the OCCL and receives approval. The variance request must document to the satisfaction of the division that the intent of the specific regulation shall be achieved in a manner other than that prescribed by the regulation and that the health, safety, and well-being of children in care will be preserved. The licensee shall maintain proof of the variance approval and make it available on request. If the licensee fails to comply with the variance, the division shall void the variance and require the site to become compliant with the regulation.

Family Child Care Homes A licensed child care service offered by a person or a person who formed an entity. OCCL names this person or entity a licensee. A licensee provides this service on a regular basis for part of a day and children attend without a parent/guardian. A licensee is paid for the service. There are two types of family child care; a level I may have a maximum of six or five children depending on their ages and a level II may have a maximum of nine children. Children living in the home who do not attend kindergarten or a higher grade count in these numbers. These regulations describe the ages of children allowed to be present in each type. A licensee provides care, education, protection, supervision, or guidance to children in his or her private home. 9 Del. Admin. Code 103-3.1.

"Family child care home" or "family home" means a private home in which a licensee lives and provides licensed child care. 9 Del. Admin. Code 103-4.0.

Child care provided only to a person's own children, grandchildren, nieces, nephews, and stepchildren does not require a family child care license. 9 Del. Admin. Code 103-3.1.

A licensee must comply with all regulations unless a licensee requests a variance from OCCL and receives approval. The written variance request must describe how a licensee will meet the intent of a specific regulation but in a way that is different from the way the regulation states. The change shall not endanger the health, safety, and well-being of children in care. A licensee shall keep the variance approval and make it available on request. A variance is valid only for this licensee. If a licensee fails to comply with the variance, OCCL shall cancel the variance and require the site to comply as the regulation states. 9 Del. Admin. Code 103-11.0.

Large Family Child Care Homes A licensed child care service offered by a person or entity, such as an agency or company. OCCL names this person or entity a licensee. A licensee provides this service on a regular basis for part of a day and children attend without a parent/guardian. A licensee is paid for the service. A licensee may have a maximum of 12 children. Children living in the home who do not attend kindergarten or a higher grade count in these numbers. A licensee provides care, education, protection, supervision or guidance to children in a private home or non-residential setting. 9 Del. Admin. Code 103-32.

"Large family child care home" or "large family home" means a private home or a non-residential property where a licensee offers licensed child care. 9 Del. Admin. Code 103-4.0.

Child care provided only to a person's own children, grandchildren, nieces, nephews, and stepchildren does not require a family child care license. 9 Del. Admin. Code 103-3.2.

A licensee must comply with all regulations unless a licensee requests a variance from OCCL and receives approval. The written variance request must describe how a licensee will meet the intent of a specific regulation but in a way that is different from the way the regulation states. The change shall not endanger the health, safety, and well-being of children in care. A licensee shall keep the variance approval and make it available on request. A variance is valid only for this licensee. If a licensee fails to comply with the variance, OCCL shall cancel the variance and require the site to comply as the regulation states. 9 Del. Admin. Code 103-11.0.

FloridaSchool Age Child Care “School-Age Child Care Program” means any licensed child care facility serving school-aged children as defined in paragraph (1)(a), above or any before and after school programs that are licensed

as a child care facility defined in Section 402.302, F.S., and serve only school-aged children as defined in paragraph (1)(a), above. Fla. Admin. Code r. 65C-22.008(1)(b).

“School-Age Child” means a child who is at least five years of age by September 1st of the beginning of the school year and who attends kindergarten through grade five. Fla. Admin. Code r. 65C-22.008(1)(a).

An “After School Program” serving school-age children is not required to be licensed if the program meets one of the following criteria, and complies with the minimum background screening requirements provided in ss. 402.305 and 402.3055, Florida Statutes: 1. Program is located on public/nonpublic school sites, operated and staffed directly by that school or through a written or formal agreement between the school, and a provider to serve school-age children attending the school. These programs exclusively serve those children who attend the public/nonpublic school during the school day. The program may extend to providing services before school, on teacher planning days, holidays, and intercessions that occur during the school district’s official calendar year. Pursuant to Section 402.305(5), F.S., programs operated in public school facilities, regardless of the operator, shall follow the standards set forth by the Florida Building Code State Requirements for Public Educational Facilities; or 2. Program provides only activities that are strictly instructional or tutorial/academic in nature. The program cannot provide any services beyond its regular instructional and tutorial/academic activities, and cannot serve or prepare meals. The program may choose to provide drinks, snacks, and vending machine items that do not require refrigeration. Some examples of these programs include, but are not limited to, computer class; ballet; karate; gymnastics; baseball, and other sports; or 3. Program meets all of the following criteria: a. Operates for a period not to exceed a total of four hours in any one day; however, the program may extend to providing services before school, on teacher planning days, holidays, and intercessions that occur during the school district’s official calendar year; and b. Allows children to enter and leave the program at any time, without adult supervision; and c. Does not provide any transportation, directly or through a contract or agreement with an outside entity, for the purpose of field trips, during the hours of operation; and d. Does not serve or prepare any meals, except those provided through the USDA Afterschool Meal Program (AMP) administered by the Florida Department of Health. The Department will consider meals to be provided through the AMP only if the program is actively participating in the AMP, is in good standing with the Department of Health, and the meal meets AMP requirements. Programs not participating in the AMP may choose to provide drinks, snacks, and vending machine items that do not require refrigeration; or 4. Provides after school care exclusively for children in grades six and above. Fla. Admin. Code r. 65C-22.008(2)(c).

Family Day Care and Large Family Child Care A large family child care home, for the purposes of this rule, means a home that that is licensed under Section 402.3131, F.S. A large family child care home must first have operated as a licensed family day care home for two consecutive years, with an operator who has had a child development associate credential or its equivalent for one year. The two consecutive years of operation as a licensed family day care home must have been within five years of the date of the application to operate a large family child care home. Fla. Admin. Code r. 65C-20.013(1)(a).

None.

Georgia

Child Care Learning Centers Any place operated by an individual or any business entity recognized under Georgia law wherein are received for pay for group care, for fewer than 24 hours per day without transfer of legal custody, seven or more children under 18 years of age and which is required to be licensed. Child Care Learning Center also includes any day care center previously licensed by the Department of Human Resources and transferred pursuant to Code Section 20-1A-1 et seq. Ga. Comp R. & Regs. 591-1-1-.02.

All programs providing group care for children shall obtain either a License, Permit or a commission for an early care and education program or an exemption from the Department, as applicable. Any person or entity operating or planning to operate such a service believed to meet the criteria for exemption from licensure, as listed below, shall apply to the Department for exemption by submitting the Department’s application for exemption. Ga. Comp. R. & Regs. 591-1-1-.46(1).

Exemption Categories. The following types of programs shall be exempt from licenseure:1. Programs which are owned and operated by any department or agency of state, county, or municipal government. This includes, but is not limited to, the customary school day, as defined in Georgia law, and before- and/or after- school programs in public schools operated by the public school system and staffed with school system employees and recreation programs operated by city or county parks and recreation departments and staffed with city or county employees.3. Private non-public educational programs with an established curriculum for children five (5) years and older that operate during the school term for the customary school day, as defined by Georgia law. 4. A private non-public school which provides education in any grades from kindergarten through 12th grade, meets the requirements under Georgia law for private schools (See O.C.G.A. § 20-2-690), and is accredited by one or more of the entities listed in O.C.G.A. § 20-3-519(6)(A) and which provides care before, after, or both before and after the customary school day, as defined in Georgia law, to its students as an auxiliary service to such students during the regular school year only.5. Accredited private non-public educational programs with an established curriculum for four-year-old children for the customary school day, as defined in Georgia law, that are not part of a full day Child Care Learning Center and are an integral part of an accredited private non-public school that provides elementary or secondary instruction or both, providing the accreditation specifically covers these ages; any before and/or after school hours for fouryear-old children who attend such a program as described above, provided the children do not leave the premises of the accredited private non-public school and the program is staffed with employees of that private non-public school. 6. Parent’s Morning Out, Parent’s Night Out, or similar programs which operate for no more than one session of up to four (4) consecutive hours per day and which limit attendance to no more than eight (8) hours a week per child. 7. Nursery schools, playschools, kindergartens or other educational programs for children two (2) years through six (6) years of age which operate for no more than four (4) consecutive hours per day. 8. Day camp programs for children five (5) years and older that are operated between school terms, whose primary purpose is to provide organized recreational, religious, or instructional activities. The day camp programs may operate during summer and other school breaks and shall operate for no more than twelve (12) hours per day. 9. Short-term educational or recreational activities or classes for children in which the supervision and care of the children are incidental to their participation in the activity or training in specific subjects, such as, but not limited to, music lessons, dance classes, swim lessons, etc. The provider is not assuming responsibility for supervision and care of the children outside of the classes or activities the children’ participate in and shall not advertise or otherwise represent that child care services are offered. 10. Any short-term child care service provided by an establishment, such as, but not limited to, a religious facility, health club, or retail store, and such program or service meets all of the following...11. Programs operated after the customary school day, as defined in Georgia law, for children five (5) years and older that are strictly instructional and skill-based in a single talent, ability, expertise, proficiency or subject or in closely related skills, proficiencies or subjects, including but not limited to classes such as art, cheerleading, dance, drama, gymnastics, martial arts and music, and the programs comply with all of the following...12. Short term educational programs offered to school-aged children in which the supervision and care of the children are incidental to their participation in the short-term educational program, and the provider is not assuming responsibility for the provision of daily child care outside the scheduled program. The majority of staff responsible for the direct delivery of education services to children possesses specialized qualifications that are directly related to the short term educational programs being offered, and the program shall submit documentation of such specialized qualifications to the department at the time of application for exemption or as requested by the Department.13. Any program or facility providing care for school-aged children that is operated by, or in affiliation with a national membership non-profit organization that was created for the purpose of providing youth services and youth development, that charges a membership fee for children and may receive monthly, weekly, or daily fees for services. Such program or facility holds membership in good standing and is certified by its national association as complying with the association’s purposes, procedures, minimum standards and mandatory requirements. Such national membership organizations include, but are not limited to, the Boys and Girls Clubs of America. 14 Any program providing group care for children for no pay

Family Child Care Learning Homes A private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, at least three but not more than six Children under 13 years of age who are not Related to such persons and whose Parent(s) are not residents in the same private residence as the Provider and which is required to be licensed; provided, however, that the total number of unrelated Children cared for in such Home, for pay and not for pay, may not exceed six Children under 13 years of age at one time, except that a Provider may care for two additional children three years of age or older for two designated one hour periods daily upon approval by the Department. Ga. Comp. R. & Regs. 290-2-3-.03.

The Department may, in its discretion, grant waivers and variances of specific rules upon application or petition being filed on forms provided by the Department. The Department may establish conditions which must be met by the home in order to operate under the waiver or variance granted. Waivers and variances may be granted in accordance with the following considerations: (a) Variance. A variance may be granted by the Department upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application of the rule would cause undue hardship. The applicant or petitioner must also show that adequate standards affording protection for the health, safety and care of the children exist and will be met in lieu of the exact requirements of the rule or regulations in question. (b) Waiver. The Department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection for the health, safety and care of the children. (c) Experimental Variance or Waiver. The Department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery. Ga. Comp. R. & Regs. 290-2-3-.16.

HawaiiGeneral Definitions/ Exemptions ″Child care″ means those situations where a person or organization has agreed to assume the responsibility for the child’s supervision, development, safety, and protection apart from the parent

or guardian for any part of a twenty-four hour day. Haw. Admin. Code R. § 17-892.1-1.None.

Before and After School Child Care Facilities ″After school care″ means child care provided after the close of the regular school day during the academic year and summer for children ages four years and eight months and older who are enrolled in public or private elementary schools. Haw. Admin. Code R. § 17-896-1.

″Before school care″ means child care provided before the opening of the regular school day during the academic year for children four years and eight months and older who are enrolled in public or private elementary schools. Haw. Admin. Code R. § 17-896-1.

A before and after school child care facility may provide care to children aged four years and eight months and older who are enrolled in public or private elementary schools. Haw. Admin. Code R. § 17-896-5.

None.

Family Child Care Homes ″Family child care home (FCCH)″ or ″family child care (FCC)″ means child care in any private home maintained by an individual which provides care to three and no more than six children at the same time during any part of a twenty-four hour day, and where the relationship of child and family child care provider is not by blood, marriage, or adoption. Haw. Admin. Code R. § 17-891.1-1.

family child care home shall provide care for no more than six children at the same time during any part of a twenty-four hour day. The following provider’s children are not included in this total: (1) Children six years of age or older; and (2) Children under six years of age who are in school or attending a child care facility, such as a child care center, more than six hours per day. Haw. Admin. Code R. § 17-891.1-5.

None.

Group Child Care Centers and Group Child Care Homes ″Child care center (CCC)″ or ″group child care center (GCC)″ means a place maintained by any individual, organization, or agency for the purpose of providing child care. The term child care center shall include child care nurseries, nursery school groups, preschools, child play groups, parent cooperatives, drop-in child care centers, group child care homes, or other similar units operating under any name. Haw. Admin. Code R. § 17-892.1-1.

″Group child care home (GCCH)″ means child care provided by an individual in a facility that may be an extended or modified family child care home which provides care to no more than twelve children during any part of a twenty-four hour day. Group child care homes are licensed under the rules for group child care centers. Haw. Admin. Code R. § 17-892.1-1.

A group child care center or group child care home may provide care to children aged two years (twenty-four months) and older. Haw. Admin. Code R. § 17-892.1-5.

None.

Infant and Toddler Child Care Centers ″Child care center (CCC)″ or ″group child care center (GCCC)″ means a place, other than a private home, maintained by any individual, organization, or agency for the purpose of providing child care. The term child care center or group child care center shall include child nurseries, nursery school groups, preschools, child play groups, parent cooperatives, drop-in child care centers, group child care homes, or other similar units operating under any name. Haw. Admin. Code R. § 17-895-1.

″Infant″ means a child who is six weeks to twelve months of age. Haw. Admin. Code R. § 17-895-1.

″Toddler″ means a child who is twelve to thirty-six months of age. Haw. Admin. Code R. § 17-895-1.

An infant and toddler center may provide care to children aged six weeks and older. Haw. Admin. Code R. § 17-895-5.

None.

Idaho General Definitions/ Exemptions Child Care. The care, control, supervision or maintenance of children for twenty-four (24) hours a day which is provided as an alternative to parental care. Idaho Admin. Code r. 16.06.02.010(07). Exceptions and Exemptions to Daycare Licensing. Under Section 39-1103, Idaho Code, the minimum standards and licensing requirements in these rules do not apply to:

a. Daycare facilities regulated, licensed, or certified by a city or county in accordance with local options under Section 39-1108, Idaho Code;b. The occasional or irregular care of a neighbor's, relative's, or friend's child or children by a person not ordinarily in the business of providing daycare;c. The operation of a private school or religious school for educational purposes for children over four (4) years of age, or a religious kindergarten;d. The provision of occasional care exclusively for children of parents who are simultaneously in the same building; (4-7-11) e. The operation of day camps, programs and religious schools for less than twelve (12) weeks during a calendar year or not more often than once a week; orf. The provision of care for children of a family within the second degree of relationship as defined in Section 011 of these rules. Idaho Admin. Code r. 16.06.02.001(05).

Exceptions and Exemptions to Child Care Licensing. Under Sections 39-1206, 39-1213(b), and 39-1211, Idaho Code, the minimum standards and licensing requirements in these rules do not apply to:a. Foster homes that have been approved by a licensed children’s agency provided the standards for approval by such agency are no less restrictive than the rules and standards established by the Board and that such agency is maintained, operated, and conforms with these rules and standards;b. The occasional or irregular care of a neighbor's, relative's, or friend's child or children by a person not ordinarily engaged in child care; or c. Children's camps which only provide child care for any one (1) child for less than nine (9) consecutive weeks in any one (1) year period. A children's camp which provides child care for any one (1) child for more than nine (9) consecutive weeks in any one (1) year period constitutes a children's residential care facility and is subject to the minimum standards and licensing requirements in these rules. Idaho Admin. Code r. 16.06.02.001(06).

Day Care Daycare. The care and supervision provided for compensation during part of a twenty-four (24) hour day, for a child or children not related by blood, marriage, adoption, or legal guardianship to the person or persons providing the care, in a place other than the child’s or children’s own home or homes. Idaho Admin. Code r. 16.06.02.010(16)

Daycare Center. A place or facility providing daycare for compensation for thirteen (13) or more children. Idaho Admin. Code r. 16.06.02.010(17)

Family Daycare Home. A home, place, or facility providing daycare for six (6) or fewer children. Idaho Admin. Code r. 16.06.02.010(21)

Group Daycare Facility. A home, place, or facility providing daycare for seven (7) to twelve (12) children. Idaho Admin. Code r. 16.06.02.010(25)

Family Daycare Home. A family daycare home is not required to be licensed. However, a family daycare home may voluntarily elect to be licensed by the Department. Idaho Admin. Code r. 16.06.02.301(03).


Children's Residential Care Facilities Children's Residential Care Facility. A facility that provides residential child care, excluding foster homes, residential schools, juvenile detention centers and children's camps that: a. Seeks, receives or enrolls children for treatment of special needs such as substance abuse, mental illness, emotional disturbance, developmental disability, mental retardation, or children who have been identified by the judicial system as requiring treatment, therapy, rehabilitation or supervision; b. Receives payment, including payment from health insurance carriers, for identified treatment needs such as substance abuse, mental illness, emotional disturbance, developmental disability or mental retardation; or c. Represents to the payor of the child care services provided by the children’s facility that such payment may qualify for health insurance reimbursement by the payor’s carrier or may qualify for tax benefits relating to medical services; and d. May include a children's therapeutic outdoor program whether or not that program operates out of a standard facility. Idaho Admin. Code r. 16.06.02.010(12)

See general exemptions above.

IllinoisDay Care Centers "Day care center" means any child care facility which regularly provides day care for less than 24 hours per day for more than 8 children in a family home or more than 3 children in a facility other

than a family home, including senior citizen buildings. Ill. Admin. Code tit. 89, § 407.45.

"Child care facility" means any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody in any facility as defined in the Child Care Act of 1969, established and maintained for the care of children. Ill. Admin. Code tit. 89, § 407.45.

"Day care center" ... does not include: • programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning that serve children who shall have attained the age of 3 years; or • private entities on the grounds of public or private elementary or secondary schools that serve children who have attained the age of 3 years, except that this exception applies only to the facility and not to the private entities' personnel operating the program; • programs or that portion of the program which serves children who shall have attained the age of 3 years and which are recognized by the State Board of Education; • educational program or programs serving children who shall have attained the age of 3 years and which are operated by a school which is registered with the State Board of Education and which is recognized or accredited by a recognized national or multi-state educational organization or association which regularly recognizes or accredits schools; • programs which exclusively serve or that portion of the program which serves handicapped children who shall have attained the age of 3 years but are less than 21 years of age and which are registered and approved as meeting standards of the State Board of Education and applicable fire marshal standards; • facilities operated in connection with a shopping center or service, religious services or other similar facility where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises and readily available; • any type of day care center that is conducted on federal government premises; • special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations; • part day child care facilities, as defined in Section 2.10 of the Child Care Act of 1969; or • programs or that portion of the program which: • serves children who shall have attained the age of 3 years, • is operated by churches or religious institutions as described in section 501(c)(3) of the federal Internal Revenue Code, receives no governmental aid, is operated as a component of religious, nonprofit elementary school,• operates primarily to provide religious education, and • meets appropriate State or local health and fire safety standards. Ill. Admin. Code tit. 89, § 407.45.

Day Care Homes "Day care homes" means family homes which receive more than 3 up to a maximum of 12 children for less than 24 hours per day. The maximum of 12 children includes the family's natural, foster, or adopted children and all other persons under the age of 12. Ill. Admin. Code tit. 89, § 406.2.

" Day care homes" ... does not include facilities which receive only children from a single household. Ill. Admin. Code tit. 89, § 406.2.

Group Day Care Homes "Group day care home" means a family home which receives more than 3 up to 16 children for less than 24 hours per day. The number counted includes the family's natural, foster, or adopted children and all other persons under the age of 12. Ill. Admin. Code tit.89, § 408.5.

None.

IndianaChild Care Homes (a) As used in this rule, “child care home” means a residential structure in which at least six (6) children (not including the children for whom the provider is a parent, stepparent, guardian,

custodian, or other relative) at any time receive child care from a provider: (1) while unattended by a parent, legal guardian, or custodian; (2) for regular compensation; and (3) for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays. The term does not include a child care center. (b) The term includes the following: (1) A Class I child care home. (2) A Class II child care home. 470 Ind. Admin. Code 3-1.1-7.

(a) As used in this rule, “Class I child care home” means a child care home that serves any combination of full-time and part-time children, not to exceed at any one (1) time twelve (12) children plus three (3) children during the school year only who are enrolled in at least grade one (1). The addition of three (3) school aged children may not occur during a break in the school year that exceeds four (4) weeks. (b) A child: (1) for whom a provider of care is a parent, stepparent, guardian, custodian, or other relative; and (2) who is at least seven (7) years of age;shall not be counted in determining whether the child care home is within the limit set forth in subsection (a). 470 Ind. Amin. Code 3-1.1-7.2.

Licensing is not required for a child care home if the provider: (1) does not receive regular compensation; (2) cares only for children who are related to the provider; (3) cares for less than six (6) children, not including children for whom the provider is a parent, stepparent, guardian,custodian, or other relative; or (4) operates to serve migrant children. 470 Ind. Admin. Code 3-1.1-26.

Infant and Toddler Services in a Child Care Home A licensee who provides child care services for infants or toddlers shall meet all the requirements of this rule. If there is any difference in requirements, the specific information contained in this rule shall prevail. 470 Ind. Admin. Code 3-1.2-1.

As used in this rule, “infant” means a child from birth to twelve (12) months of age. 470 Ind. Admin. Code 3-1.1-10.

As used in this rule, “toddler” means a child from twelve (12) months of age through twenty-four (24) months of age. Ind. Admin. Code 3-1.1-21.

None.

Class II Child Care Homes A Class II child care home serves more than twelve (12) children but not more than sixteen (16) full-time and part-time children at any one (1) time. A licensee who provides Class II child care shall meet all the requirements of 470 IAC 3-1.1 and 470 IAC 3-1.2 as well as the requirements of this rule. If there is any difference in requirements, the specific information contained in IC 12-17.2-5-6.5 shall prevail. 470 Ind. Admin. Code 3-1.3-1.

None.

Child Care Facilities and Registered Day Care Ministries “Registered day care ministry” means day care provided as an extension of a church or religious ministry that is a religious organization exempt from federal income taxation under Section 501 of the Internal Revenue Code, unlicensed but registered with the state board of health and state fire marshal's office pursuant to IC 12-3-2-12.7(c). 470 Ind. Admin. Code 3-4.5-1.

“Facility” means an unlicensed but registered day care ministry. 470 Ind. Admin. Code 3-4.5-1.

None.

School Age Child Care Program Not specifically defined.

The purpose of 490 IAC 3 [this article] is to implement the school age child care program, authorized by IC 20-5-61 [IC 20-5-61 was repealed by P.L.9-1991, SECTION 98, effective January 1, 1992.], which offers care to children between five (5) and fifteen (15) years of age for the period of time before or after the school day, or both, during periods when school is not in session, and during periods when school is in session for students who are enrolled in a half-day kindergarten program. 470 Ind. Admin. Code 3-4.6-1.

“School age children” means children attending first grade or above. 470 Ind. Admin. Code 3-4.7-1(65).

The school age child care program does not include the following: (1) The provision of kindergarten certified by the department of education. (2) The provision of elementary or secondary education. (3) The periods during weekends and summer vacation from school. (4) Child care between the hours of 7 p.m. and 6 a.m., Monday through Friday. 470 Ind. Admin. Code 3-4.6-3.

Child Care Centers “Child care center” has the meaning set forth in IC 12-7-2-28.4. 470 Ind. Admin. Code 3-4.7-1(12).

“Child care center”, for purposes of IC 12-17.2, means a nonresidential building where at least one (1) child receives child care from a provider:(1) while unattended by a parent, legal guardian, or custodian;(2) for regular compensation; and(3) for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays. Ind. Code § 12-7-2-28.4.

None.

IowaChild Care Services “Child care” means a service that provides child care in the absence of parents for a portion of the day, but less than 24 hours. Child care supplements parental care by providing care and

protection for children who need care in or outside their homes for part of the day. Child care provides experiences for each child’s social, emotional, intellectual, and physical development. Child care may involve comprehensive child development care or it may include special services for a child with special needs. Components of this service shall include supervision, food services, program and activities, and may include transportation. Iowa Admin. Code r. 441-170.1

None.

Child Care Centers “Child care” means the care, supervision, or guidance of a child by a person other than the parent, guardian, or custodian for periods of less than 24 hours per day per child on a regular basis in a place other than the child’s home Iowa Admin. Code r. 441-109.1

“Child care center” or “center” means a facility providing child day care for seven or more children, except when the facility is registered as a child development home. Iowa Admin. Code r. 441-109.1

"Child care" ... does not include care, supervision, or guidance of a child by any of the following: 1. An instructional program administered by a public or nonpublic school system accredited by the department of education or the state board of regents. 2. Any of the following church-related programs: ● An instructional program. ● A youth program other than a preschool, before or after school child care program, or other child care program. ● A program providing care to children on church premises while the children’s parents are attending church-related or church-sponsored activities on the church premises. 3. Short-term classes of less than two weeks’ duration held between school terms or during a break within a school term. 4. A child care center for sick children operated as part of a pediatrics unit in a hospital licensed by the department of inspections and appeals pursuant to Iowa Code chapter 135B. 5. A program operated not more than one day per week by volunteers that meets all the following conditions: ● Not more than 11 children are served per volunteer. ● The program operates for less than 4 hours during any 24-hour period. ● The program is provided at no cost to the children’s parent, guardian, or custodian. 6. A nationally accredited camp. 7. Aprogramadministeredbyapoliticalsubdivisionofthestatewhichisprimarilyforrecreational or social purposes and is limited to children who are five years of age or older and attending school. 8. An instructional program for children at least four years of age who are attending prekindergarten, as defined by the state board of education, or a higher grade level, administered by a nonpublic school system which is not accredited by the department of education or the state board of regents. 9. An after-school program continuously offered throughout the school year to children who are at least five years of age and enrolled in school and attend the program intermittently, or a summer-only program for such children. The program must be provided through a nominal membership fee or at no cost.10. A special activity program which meets less than four hours per day for the sole purpose of the special activity. Special activity programs include but are not limited to music or dance classes, organized athletic or sports programs, recreational classes, scouting programs, and hobby or craft clubs or classes. 11. A structured program for the purpose of providing therapeutic, rehabilitative, or supervisory services to children under any of the following: ● A purchase of service or managed care contract with the department. ● A contract approved by a local decategorization governance board. ● An arrangement approved by a juvenile court order. 12. Care provided on site to children of parents residing in an emergency, homeless, or domestic violence shelter. 13. A child care facility providing respite care to a licensed foster family home for a period of 24 hours or more to a child who is placed with that licensed foster family home. 14. A program offered to a child whose parent, guardian, or custodian is engaged solely in a recreational or social activity, remains immediately available and accessible on the physical premises on which the child’s care is provided, and does not engage in employment while the care is provided. However, if the recreational or social activity is provided in a fitness center or on the premises of a nonprofit organization, the parent, guardian, or custodian of the child may be employed to teach or lead the activity. Iowa Admin. Code r. 441-109.1

Child Development Homes “Child care” means the care, supervision, or guidance of a child by a person other than the child’s parent, guardian, or custodian for periods of less than 24 hours per day per child on a regular basis. Iowa Admin. Code r. 441-110.1

“Child care home” means a person or program providing child care to five or fewer children at any one time that is not registered to provide child care under this chapter, as authorized under Iowa Code section 237A.3. Iowa Admin. Code r. 441-110.1

“Child development home”means a person or program registered under this chapter that may provide child care to six or more children at any one time. Iowa Admin. Code r. 441-110.1

Child care shall not mean special activity programs that meet on a regular basis such as music or dance classes, organized athletics or sports programs, scouting programs, or hobby or craft classes or clubs. Iowa Admin. Code r. 441-110.1

KansasGeneral Definitions/ Exemptions “Child care facility” means:

(1) A facility maintained by a person who has control or custody of one or more children under 16 years of age, unattended by parent or guardian, for the purpose of providing the children with food or lodging, or both, except children in the custody of the secretary for children and families who are placed with a prospective adoptive family pursuant to the provisions of an adoptive placement agreement or who are related to the person by blood, marriage or legal adoption; (2) a children's home, orphanage, maternity home, day care facility or other facility of a type determined by the secretary to require regulation under the provisions of this act; (3) a child placement agency or child care resource and referral agency, or a facility maintained by such an agency for the purpose of caring for children under 16 years of age; or (4) any receiving or detention home for children under 16 years of age provided or maintained by, or receiving aid from, any city or county or the state. Kan. Stat. § 65-503(c).

"Day care facility" means a child care facility that includes a day care home, preschool, child care center, school-age program or other facility of a type determined by the secretary to require regulation under the provisions of K.S.A. 65-501 et seq., and amendments thereto. Kan. Stat. § 65-503(d).

As used in this section:(1) “Child care program” means a day care center, group day care home or day care home.(2) “Recreation center” means any building used by a political or taxing subdivision of this state, or by an agency thereof, for recreation programs which serve children who are 16 years of age or younger. Kan. Stat. § 65-527(a).

None.

Day Care Homes and Group Day Care Homes “Day care home” means a day care home as defined under Kansas administrative regulation 28-4-113 and a group day care home as defined under Kansas administrative regulation 28-4-113. Kan. Stat. § 65-530(a)(1).

“Day care home” means the premises on which care is provided for a maximum of 10 children under 16 years of age, with a limited number of children under five years of age in accordance with K.A.R. 28-4-114(e). Kan. Admin. Regs. § 28-4-113(d).

“Group day care home” means the premises on which care is provided for a maximum of 12 children under 16 years of age, with a limited number of children under five years of age in accordance with K.A.R. 28-4-114(f). Kan. Admin. Regs. § 28-4-113(k).

It shall be unlawful for any person, firm, corporation or association to conduct or maintain a maternity center or a child care facility for children under 16 years of age without having a license or temporary permit therefor from the secretary of health and environment. Nothing in this act shall apply to: (a) A residential facility or hospital that is operated and maintained by a state agency as defined in K.S.A. 75-3701 and amendments thereto; or (b) a summer instructional camp that: (1) Is operated by a Kansas educational institution as defined in K.S.A. 74-32,120, and amendments thereto, or a postsecondary educational institution as defined in K.S.A. 74-3201b, and amendments thereto; (2) is operated for not more than five weeks; (3) provides instruction to children, all of whom are 10 years of age and older; and (4) is accredited by an agency or organization acceptable to the secretary of health and environment. Kan. Stat. § 65-501.

Drop-In Programs for School Age Children and Youth “Drop-in program” means a child care facility that is not located in an individual’s residence, that serves exclusively school-age children and youth, and in which the operator permits children and youth to arrive at and depart from the program at their own volition and at unscheduled times. This term shall not include a program, instructional class, or activity as specified in K.A.R. 28-4-578(b). Kan. Admin. Regs.§ 28-4-700(e).

“School-age child” and “child” mean an individual who is of kindergarten age through the academic year in which the child is in the sixth grade and who is attending the dropin program. Kan. Admin. Regs. § 28-4-700(j).

“School-age youth” and “youth” mean an individual who meets the following conditions:(1) Has completed sixth grade or is 12 years of age or older;(2) is less than 18 years of age;(3) is attending the program; and(4) is not a volunteer or employee. Kan. Admin. Regs. § 28-4-700(k).

Exclusions. The following shall not be considered child care facilities: (1) An “extraordinary school program,” as defined in K.S.A. 72-8238, and amendments thereto, or a similar extended school day program that is conducted on the premises of an accredited non-public school, is attended only by pupils enrolled in the school in which the program is being conducted, and is staffed by certified elementary school teachers; (2) a “summer program,” as defined in K.S.A. 72-8237, and amendments thereto; (3) an instructional class or activity in which a child or youth is enrolled for the purpose of participating in only one specific subject or skill-building area, including religious instruction in a specific doctrine or tenet, academic or remedial instruction, a basketball clinic, a baseball league, dance or drama class, or a class in martial arts; (4) a program of activities that serves exclusively school-age youth and that is not required to be licensed as specified in subsection (a) of this regulation; (5) a program of activities that serves exclusively youth who are 16 years of age and older; and (6) a program that is operated by a local unit of government or school district and that operates for no more than four consecutive hours per day or for no more than two consecutive weeks. Kan. Admin. Regs. § 28-4-578(b).

Preschools and Child Care Centers “Child care center” means a facility:(1) which provides care and educational activities for 13 or more children two weeks to 16 years of age for more than three hours and less than 24 hours per day including day time, evening, and nighttime care; or(2) which provides before and after school care for school-age children. A facility may have fewer than 13 children and be licensed as a center if the program and building meet child care center regulations. Kan. Admin. Regs. § 28-4-420(d).

“Preschool” means a facility:(1) which provides learning experiences for children who have not attained the age of eligibility to enter kindergarten as prescribed in K.S.A. 72-1107(c) and any amendments thereto, and who are 30 months of age or older;(2) which conducts sessions not exceeding three hours per session;(3) which does not enroll any child more than one session per day; and(4) which does not serve a meal. The term “preschool” shall include educational preschools, Montessori schools, nursery schools, church-sponsored preschools, and cooperatives. A facility may have fewer than 13 children and be licensed as a preschool if the program and facility meet preschool regulations. Kan. Admin. Regs. § 28-4-420(t).

(1) Any person, corporation, firm, association, or other organization desiring to conduct a child care center or preschool which will operate for more than five consecutive hours or more than one day per week shall apply for a license on forms supplied by the Kansas department of health and environment.(2) In lieu of being licensed, preschools operated on the premises of private schools providing kindergarten through grade six shall be governed by Kansas statutes applicable to private schools. Kan. Admin. Regs. § 28-4-422(a).

School Age Programs “School-age program” and “program” mean a child care facility that serves exclusively school-age children and youth, but shall not include a drop-in program as defined in this regulation. Kan. Admin. Regs. § 28-4-576(ii).

“School-age child” and “child” mean an individual who is of kindergarten age through the academic year in which the child is in the sixth grade and who is attending the program. Each school-age child shall be included in the license capacity. Kan. Admin. Regs. § 28-4-576(hh).

“School-age youth” and “youth” mean an individual who meets the following conditions:(1) Has completed sixth grade or is 12 years of age or older;(2) is less than 18 years of age;(3) is attending the program; and(4) is not a volunteer or employee. Kan. Admin. Regs. § 28-4-576(jj).

Exclusions. The following shall not be considered child care facilities: (1) An “extraordinary school program,” as defined in K.S.A. 72-8238, and amendments thereto, or a similar extended school day program that is conducted on the premises of an accredited non-public school, is attended only by pupils enrolled in the school in which the program is being conducted, and is staffed by certified elementary school teachers; (2) a “summer program,” as defined in K.S.A. 72-8237, and amendments thereto; (3) an instructional class or activity in which a child or youth is enrolled for the purpose of participating in only one specific subject or skill-building area, including religious instruction in a specific doctrine or tenet, academic or remedial instruction, a basketball clinic, a baseball league, dance or drama class, or a class in martial arts; (4) a program of activities that serves exclusively school-age youth and that is not required to be licensed as specified in subsection (a) of this regulation; (5) a program of activities that serves exclusively youth who are 16 years of age and older; and (6) a program that is operated by a local unit of government or school district and that operates for no more than four consecutive hours per day or for no more than two consecutive weeks. Kan. Admin. Regs. § 28-4-578(b).

Kentucky Family Child Care Homes "Family child-care home" is defined by KRS 199.894(5). 922 Ky. Admin. Regs. 2:100, Sec. 1(7).

“Family child-care home” means a private home that provides full or part-time care day or night for six (6) or fewer children who are not the children, siblings, stepchildren, grandchildren, nieces, nephews, or children in legal custody of the provider. Ky. Rev. Stat. § 199.894(5).

None.

Child Care Centers "Child-care center" is defined by KRS 199.894(3). 922 Ky. Admin. Regs. 2:090, Sec. 1(4).

“Child-care center” means any child-care center which provides full or part-time care, day or night, to at least seven (7) children who are not the children, grandchildren, nieces, nephews, or children in legal custody of the operator. Ky. Rev. Stat. § 199.894(3).

“Child-care center” shall not include any child-care facility operated by a religious organization while religious services are being conducted, or a youth development agency. For the purposes of this section, “youth development agency” means a program with tax-exempt status under 26 U.S.C. sec. 501(c)(3), which operates continuously throughout the year as an outside-school-hours center for youth who are six (6) years of age or older, and for which there are no fee or scheduled-care arrangements with the parent or guardian of the youth served. Ky. Rev. Stat. § 199.894(3).

Exempt Child Care Settings. The following child-care settings shall be exempt from licensure requirements of this administrative regulation, 922 KAR 2:110, and 922 KAR 2:120: (1) Summer camps certified by the cabinet as youth camps which serve school-age children; (2) Kindergarten through grade 12 in private schools while school is in session; (3) All programs and preschools regulated by the Kentucky Department of Education governed by KRS Chapter 157; (4) Summer programs operated by a religious organization which a child attends no longer than two (2) weeks; (5) Child care provided while parents are on the premises, other than the employment and educational site of parents; (6) Child care programs operated by the armed services located on an armed forces base; (7) Child care provided by educational programs that include parental involvement with the care of the child and the development of parenting skills; (8) Facilities operated by a religious organization while religious services are being conducted; and (9) A program providing instructional and educational programs: (a) That operates for a maximum of twenty (20) hours per week; and (b) Which a child attends for no more than ten (10) hours per week. 922 Ky. Admin. Regs. 2:090, Sec. 3.

LouisianaEarly Learning Center Early Learning Center - Any child day care center, early head start center, head start center, or stand-alone prekindergarten program that is not attached to a school. La. Admin. Code, tit. 28, §

103.

Child Day Care Center - Any place or center operated by any institution, political subdivision, society, agency, corporation, person or persons, or any other group for the purpose of providing care, supervision, and guidance of seven or more children, not including those related to the caregiver, unaccompanied by parent or legal custodian, on a regular basis for at least 12 1/2 hours in a continuous 7-day week. La. Admin. Code, tit. 28, § 103.

Head Start and Early Head Start Programs—federallyfunded early childhood care and education programs that promote and teach school readiness to children ages birth to five from low-income families and provide services in the areas of education, social services for families, nutrition, family engagement, health and mental health, as well as providing the physical plant and instructional staff members for such purposes. La. Admin. Code, tit. 28, § 103.

Prekindergarten Programs— 1. per R.S. 17:24.8(A), the youngest age at which a child may enter prekindergarten at a local public school is four years on or before September 30 of the calendar year in which the school year begins; 2. per R.S. 17:24.8(B), the youngest age at which a child may enter prekindergarten at a BESE-approved nonpublic school is 3 years old by September 30 of the year in which the child enrolls in prekindergarten. La. Admin. Code, tit. 28, § 103.

Exemptions from LicensureA. A public or non-public day school serving children in grades kindergarten and above, including any prekindergarten attached thereto, except as provided in §301.B and C, is exempt from the provisions of this bulletin. B. Camps and all care given without charge are exempt from the provisions of this bulletin. C. A center operated by a recognized religious organization that is qualified as a tax-exempt organization under §501(c) of the Internal Revenue Code and that does not operate more than 24 hours in a continuous 7-day week shall not be considered an early learning center for purposes of this bulletin. D. Nothing in this bulletin shall apply to children in programs licensed or operated by the Department of Health and Hospitals (DHH) or the Department of Children and Family Services (DCFS). La. Admin. Code, tit. 28, § 303.

MaineChild Care Facilities "Child Care Facility" means a house or other place in which a person maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for

three (3) or more children under thirteen (13) years of age. Any program for children under 5 years of age that is located in a private school and programs that contract with one or more Child Development Services System sites are required to be licensed as a Child Care Facility.1.5.1. There are two types of Child Care Facilities:1.5.1.1. Child Care Center; and1.5.1.2. Small Childcare Facility. 10-148-32 Me. Code R. § 1(1.5).

“Childcare Center” means1.4.1. A house or other place in which a person maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for thirteen (13) or more children under thirteen (13) years of age; or1.4.2. Any location or locations operated as a single childcare program or by a single person or persons when there are more than twelve (12) children being cared for. 10-148-32 Me. Code R. §§ 1(1.4), 27(27.1).

“Small Childcare Facility” means a house or other place, not the residence of the operator, in which a person, or combination of persons, maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for 3 - 12 children under the age of thirteen (13). 10-148-32 Me. Code R. §§ 1(1.31), 25(25.1).

1.5.2. “Child Care Facility" does not include a facility operated by a family child care provider, a summer camp established solely for recreational and educational purposes, programs offering instruction to children for the purpose of teaching a skill such as karate, dance or basketball or a private school recognized by the Department of Education as a provider of equivalent instruction for the purpose of compulsory school attendance, or a formal public or private school in the nature of a kindergarten or elementary or secondary school approved by the Commissioner of Education in accordance with Title 20-A. 10-148-32 Me. Code R. § 1(1.5.2).

Family Child Care Providers “Family Child Care Provider (provider)” means the person who has received a certificate from the department to operate a Family Child Care Program. The provider is legally responsible for the operation of the Family Child Care Program. The provider must reside at the residence being operated as a Family Child Care Program. 10-148-33 Me. Code R. § 1(1.7).

Does not define "Family Child Care Program."

None.

Nursery Schools “Nursery School” means a house or other place in which a person or combination of persons maintains or otherwise carries out for consideration during the day a regular program which provides care for three (3) or more children, who are between the ages of thirty-three (33) months and under eight (8) years of age, provided that:1. No session conducted for the children is longer than three and one half (3 ½) hours in length; 2. No more than two (2) sessions are conducted per day; 3. Each child in attendance at the nursery school attends only one session per day; and 4. No hot meal is served to the children. 10-148-36 Me. Code R. § 2(O).

Unlicensed Nursery Schools. No person or entity shall operate a Nursery School for more than two (2) children without a license from the Department in force, authorizing such operation. 10-148-36 Me. Code R. § 3(B).

MarylandGeneral Definitions/ Exemptions "Child care" means the care or supervision of a child when the child's parent has given the child's care over to another for some portion of a 24-hour day as a supplement to the parent's primary

care of the child. Md. Code Regs. 13A.16.02(B)(14)(a); 13A.17.02(B)(10)(a)."Child care" does not mean: (i) A before-school or after-school activity conducted or sponsored by a public or nonpublic school that is approved or exempt from approval by the Maryland State Department of Education; (ii) Scouting, sports, or youth club activities; (iii) School-age recreational or supplementary education programs operated by a local department of recreation and parks, law enforcement agency, or a public or nonpublic school, if custodial supervision is not the primary purpose of the program; (iv) Supervisory services to children provided by a church, health club, health provider, or similar sponsor in support of an occasional or intermittent parental activity or service offered by the sponsor while parents are on the same premises as the services to children and are immediately available to the children; or (v) Programs primarily designed for the religious training of children, provided on a weekly basis or for a short period in the summer, commonly known as Sunday schools or Bible schools. Md. Code Regs. 13A.16.02(B)(14)(b); 13A.17.02(B)(10)(b).

Child and Family Day Care "Family day care" means the care given to a child younger than 13 years old or to a developmentally disabled person younger than 21 years old in place of parental care for less than 24 hours a day, in a residence other than the child's residence, for which the provider is paid in cash or in kind. Md. Code Regs. 13A.14.11.02(B)(13).

None.

Child Care Centers Child Care Center. (a) "Child care center" means an agency, institution, or establishment that, on a regular schedule for at least 2 days per week and for at least 2 hours per day, or on a 24-hour basis, offers or provides child care to children who do not have the same parentage, except as otherwise provided for in law or regulation. (b) "Child care center" includes: (i) A nonpublic nursery school approved under Education Article, §2-206, Annotated Code of Maryland, in which an educational program is offered or provided for children who are 2 years old or older but younger than 5 years old; (ii) A facility providing specialized training in a specific discipline or subject that also offers a childrelated service such as, but not limited to, transportation, free play, meals or snacks, tutoring, or homework sessions; and (iii) Child care operated by a State or local government agency. (c) "Child care center" may offer more than one type of program or care. Md. Code Regs. 13A.16.02(B)(15).

"Nursery school" means an educational program: (a) For children who are 2 years old, 3 years old, 4 years old, or any sequence of these ages; and (b) That, unless approved by the Department before July 1, 2007, to operate for more than 6 hours per day, may not operate in excess of 6 hours per day. Md. Code Regs. 13A.16.02(B)(41).

Exemptions. This subtitle does not apply to: (1) A family child care home registered under COMAR 13A.15; (2) A facility that offers or provides a residential placement for a child under Family Law Article, Title 5, Subtitle 5, or Health-General Article, Title 6 or 10, Annotated Code of Maryland; (3) A youth camp, as defined by Health-General Article, §14-401(j), Annotated Code of Maryland; (4) A child care service operated by the federal government or on federal property; (5) A public school during the hours in which an instructional program is offered; (6) A nonpublic kindergarten for children at least 5 years old during the hours in which an instructional program is offered; (7) A nonpublic elementary school during the hours in which an instructional program is offered; (8) Child care services provided in connection with a shelter housing individuals temporarily without residences, exclusively for the children of those individuals; (9) The physical plant, including sanitary facilities, of a child care center exclusively for school age children, located in a currently operating public or nonpublic school building, if the application of the regulation would require modification of the physical plant; (10) Programs that operate for 6 weeks or less in any calendar year; or (11) The instructional program, curriculum, and teacher, principal, and administrator qualifications of a: (a) Nursery school operated by a tax-exempt religious organization which does not have a certificate of approval from the State Board of Education; or (b) Child care program operated by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school. Md. Code Regs. 13A.16.01(B).

Nursery Schools Operated by Tax-Exempt Religious Orgs. And Child Care Programs Operated by Tax-Exempt Religious Organizations

"Child care program" means child care provided by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school. Md. Code Regs. 13A.17.02(B)(12).

"Nursery school" means an educational program: (a) For children who are 2 years old, 3 years old, 4 years old, or any sequence of these ages; and (b) That, unless exempted or approved by the Department before July 1, 2007, to operate for more than 6 hours per day, may not operate in excess of 6 hours per day. (30) "Office" means the central office or a regional office of the Agency. Md. Code Regs. 13A.17.02(B)(29).

Exemptions. This subtitle does not apply to: (1) A nonpublic kindergarten for children 5 years old or older during the hours in which an instructional program is offered; (2) A nonpublic elementary school during the hours in which an instructional program is offered; (3) A program that operates for 6 weeks or less in any calendar year; (4) The physical plant, including sanitary facilities, of a child care facility used exclusively for school age children, located in a currently operating nonpublic school building, if the application of a regulation would require modification of the physical plant; and (5) The instructional program, curriculum, and teacher, principal, and administrator qualifications of a: (a) Nursery school operated by a tax-exempt religious organization which does not have a certificate of approval from the State Board of Education; or (b) Child care program operated by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school. Md. Code Regs. 13A.17.01(B).

Family Child Care "Family child care" has the same meaning as family day care as defined in Family Law Article, §5-501(e), Annotated Code of Maryland, and means the care given to a child younger than 13 years old or to a developmentally disabled person younger than 21 years old in place of parental care for less than 24 hours a day, in a residence other than the child's residence, for which the provider is paid in cash or in kind. Md. Code Regs. 13A.15.02(B)(14).

None.

Large Family Child Care Homes Child Care Home. (a) "Child care home" means a residence in which family child care is provided. (b) "Child care home" includes a: (i) Family child care home registered to operate pursuant to COMAR 13A.15; or (ii) Large family child care home registered to operate pursuant to this subtitle. Md. Code Regs. 13A.18.02(B)(9).

"Family child care" means the care given to a child younger than 13 years old or to a developmentally disabled person younger than 21 years old in place of parental care for less than 24 hours a day, in a residence other than the child's residence, for which the provider is paid in cash or in kind. Md. Code Regs. 13A.18.02(B)(16).

"Large family child care home" means a child care home approved by the office to operate with a maximum child care capacity of 9 to 12 children. Md. Code Regs. 13A.18.02(B)(24).

This subtitle: Does not apply to a family child care provider or a family child care home currently registered pursuant to COMAR 13A.15. Md. Code Regs. 13A.18.01(B)(2).

MassachusettsLarge Group and School Age Child Care Programs Large Group and School Age Child Care – Any program that receives on a regular basis more than ten children who are unrelated to their caregivers and are younger than fourteen years old, or

sixteen years, if such children have special needs, during all or part of the day for non-residential care and education outside their own homes. Such programs shall include, but not be limited to, those commonly known as child care centers, day care centers, preschools, nursery schools, child development programs, school age child care programs and before and after school programs, regardless of their location. 606 Mass. Code Regs. 7.02.

Child Care Center - A facility operated on a regular basis whether known as a child nursery, nursery school, kindergarten, child play school, progressive school, child development center, pre-school, or known under any other name which receives children, not of common parentage, under seven years of age, or under 16 years of age if these children have special needs, for non-residential custody and care during part or all of the day separate from their parent(s). 606 Mass. Code Regs. 7.02.

Large Group and School Age Child Care ... shall not include any part of a public school system; any part of a private organized educational system, unless the services of such a system are primarily limited to kindergarten, nursery or related pre-school services; any part of a program operated by an organized educational system for the children enrolled in that particular system, unless the services of such system are primarily limited to a school age child care program; Sunday schools or classes for religious instruction conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefore. 606 Mass. Code Regs. 7.02.

Child Care center shall not include: any part of a public school system; any part of a private organized educational system, unless the services of such a system are primarily limited to kindergarten, nursery or related pre-school services; a Sunday school conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for the children are attending religious services; a family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefore. 606 Mass. Code Regs. 7.02.

Family Child Care Family Child Care –Temporary custody and care provided in a private residence on a regular basis during part or all of the day for no more than ten children younger than fourteen years of age or children under 16 years of age if such children have special needs. 606 Mass. Code Regs. 7.02.

Family child care shall not mean an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefore. 606 Mass. Code Regs. 7.02.

Small Group and School Age Child Care Small Group and School Age Child Care – Any program that receives on a regular basis ten or fewer children who are unrelated to their caregivers and are younger than fourteen years old, or sixteen years, if such children have special needs, during all or part of the day for non-residential care and education outside their own homes, when such services are not provided in a private residence. Such programs shall include, but not be limited to, those commonly known as child care centers, preschools, nursery schools, child development programs, school age child care programs and before and after school programs. 606 Mass. Code Regs. 7.02.

Child Care Center - A facility operated on a regular basis whether known as a child nursery, nursery school, kindergarten, child play school, progressive school, child development center, pre-school, or known under any other name which receives children, not of common parentage, under seven years of age, or under 16 years of age if these children have special needs, for non-residential custody and care during part or all of the day separate from their parent(s). 606 Mass. Code Regs. 7.02.

Small Group and School Age Child Care ... shall not include any part of a public school system; any part of a private organized educational system, unless the services of such a system are primarily limited to kindergarten, nursery or related pre-school services; a Sunday school conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefore. 606 Mass. Code Regs. 7.02.

Child Care center shall not include: any part of a public school system; any part of a private organized educational system, unless the services of such a system are primarily limited to kindergarten, nursery or related pre-school services; a Sunday school conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for the children are attending religious services; a family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefore. 606 Mass. Code Regs. 7.02.

MichiganChild Care Centers “Center” means a child care center or day care center which is a facility other than a private residence, which receives 1 or more children under 13 years of age for care for periods of less than 24

hours a day, and at which the parents or guardians are not immediately available to the children. “Center” includes a facility that provides care for not less than 2 consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, prekindergarten, play group, or drop-in center. Mich. Admin. Code r. 400.8101(d).

“Center” does not include any of the following: (i) A Sunday school, a vacation Bible school, or a religious instructional class which is conducted by a religious organization and at which children are in attendance for not more than 3 hours per day for an indefinite period, or not more than 8 hours per day for a period not to exceed 4 weeks during a 12-month period, or a facility operated by a religious organization where children are cared for not more than 3 hours while persons responsible for the children are attending religious services. (ii) A special education program or service conducted under the authority of article 3 of 1976 PA 451, MCL 380.1701 to 380.1766. (iii) A kindergarten operated by a local or intermediate school district under the authority of 1976 PA 451, MCL 380.1 to 380.761 or as part of a nonpublic elementary school. However, this exemption shall not apply to a nonpublic kindergarten operated as part of a center. (iv) A program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to, dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age-child-focused training. (v) A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to, youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school-age child is engaged in the group athletic or social activities and if the school-age child can come and go at will. Mich. Admin. Code r. 400.8101(d).

Family and Group Child Care Homes None. None.MinnesotaGeneral Definitions/ Exemptions Child care program. "Child care program" means the systematic organization or arrangement of activities, personnel, materials, and equipment in a facility to promote the physical, intellectual,

social, and emotional development of a child in the absence of the parent for a period of less than 24 hours a day. Minn. R. 9503.0005, Subp. 7.None.

Child Care Centers Center. "Center" means a facility in which a child care program is operated when the facility is not excluded by Minnesota Statutes, section 245A.03, subdivision 2, and is not required to be licensed under parts 9502.0315 to 9502.0445 as a family or group family day care home. Minn. R. 9503.0005, Subp. 5.

Exemptions effective until Jan. 1, 2018:This chapter does not apply to:1. residential or nonresidential programs that are provided to a person by an individual who is related unless the residential program is a child foster care placement made by a local social services agency or a licensed child-placing agency, except as provided in subdivision 2a;2. nonresidential programs that are provided by an unrelated individual to persons from a single related family;3. residential or nonresidential programs that are provided to adults who do not abuse chemicals or who do not have a chemical dependency, a mental illness, a developmental disability, a functional impairment, or a physical disability;4. sheltered workshops or work activity programs that are certified by the commissioner of employment and economic development;5. programs operated by a public school for children 33 months or older;6. nonresidential programs primarily for children that provide care or supervision for periods of less than three hours a day while the child's parent or legal guardian is in the same building as the nonresidential program or present within another building that is directly contiguous to the building in which the nonresidential program is located;7. nursing homes or hospitals licensed by the commissioner of health except as specified under section 245A.02;8. board and lodge facilities licensed by the commissioner of health that do not provide children's residential services under Minnesota Rules, chapter 2960, mental health or chemical dependency treatment;9. homes providing programs for persons placed by a county or a licensed agency for legal adoption, unless the adoption is not completed within two years;10. programs licensed by the commissioner of corrections;11. recreation programs for children or adults that are operated or approved by a park and recreation board whose primary purpose is to provide social and recreational activities;12. programs operated by a school as defined in section 120A.22, subdivision 4; YMCA as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in section 315.51, whose primary purpose is to provide child care or services to school-age children;13. Head Start nonresidential programs which operate for less than 45 days in each calendar year;14. noncertified boarding care homes unless they provide services for five or more persons whose primary diagnosis is mental illness or a developmental disability;15. programs for children such as scouting, boys clubs, girls clubs, and sports and art programs, and nonresidential programs for children provided for a cumulative total of less than 30 days in any 12-month period;16. residential programs for persons with mental illness, that are located in hospitals;17. the religious instruction of school-age children; Sabbath or Sunday schools; or the congregate care of children by a church, congregation, or religious society during the period used by the church, congregation, or religious society for its regular worship;18. camps licensed by the commissioner of health under Minnesota Rules, chapter 4630;19. mental health outpatient services for adults with mental illness or children with emotional disturbance;20. residential programs serving school-age children whose sole purpose is cultural or educational exchange, until the commissioner adopts appropriate rules;21. community support services programs as defined in section 245.462, subdivision 6, and family community support services as defined in section 245.4871, subdivision 17;22. the placement of a child by a birth parent or legal guardian in a preadoptive home for purposes of adoption as authorized by section 259.47;23. settings registered under chapter 144D which provide home care services licensed by the commissioner of health to fewer than seven adults;24. chemical dependency or substance abuse treatment activities of licensed professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart 15, when the treatment activities are not paid for by the consolidated chemical dependency treatment fund;25 consumer directed community support service funded under the Medicaid waiver for persons with developmental disabilities when the individual who provided the service is:

Family Child Care Homes and Group Family Day Care Homes Day care. "Day care" means the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24 hour day. Minn. R. 9502.0315, Subp. 9.

Family day care. "Family day care" means day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence. Minn. R. 9502.0315, Subp. 11.

Group family day care. "Group family day care" means day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence. Minn. R. 9502.0315, Subp. 13.

Exclusion from licensure. Under Minnesota Statutes, section 245A.03, the following day care situations are excluded from licensure under parts 9502.0315 to 9502.0445: A. day care provided by a relative to only related children; or B. day care provided to children from a single, unrelated family, for any length of time; or C. day care provided for a cumulative total of less than 30 days in any 12-month period; or D. the exclusions contained in items A and B are mutually exclusive. Minn. R. 9502.0325, Subp. 3.

MississippiChild Care Facilities for 12 or Fewer Children Child Care Facility (Facility): A place which provides shelter and personal care for six or more children who are not related within the third degree computed according to the civil law to the

operator and who are under 13 years of age, for any part of the 24 hour day, whether such place be organized or operated for profit or not. The term “child care facility” includes day nurseries, day care centers, child care centers, preschool programs, and any other facility that fall within the scope of the definition set forth above. 15-2 Miss. Code R. § 2.1.4(4).

EXEMPTIONS: To the extent provided by law, including those facilities or programs which satisfy one or more of the requirements for exemption provided in Miss. Code Ann. § 43-20-5(a), an exemption from the provisions of the Act shall be recognized by the licensing agency. Facilities or programs claiming exemption shall be required, upon the written request of the licensing agency, to provide documentation of the facts claimed to support the basis for the exemption, which documentation shall be provided within 30 days of the request by the licensing agency and shall be sworn by affidavit to be true and accurate under the penalties of perjury. 15-2 Miss. Code R. § 2.1.4(4).

Child Care Facilities Child Care Facility (Facility): A place which provides shelter and personal care for six or more children who are not related within the third degree computed according to the civil law to the operator and who are under 13 years of age, for any part of the twenty-four hour day, whether such place be organized or operated for profit or not. The term “child care facility” includes day nurseries, day care centers, child care centers, preschool programs, and any other facility that fall within the scope of the definition set forth above. 15-1 Miss. Code R. § 1.1.4(4).

EXEMPTIONS: To the extent provided by law, including those facilities or programs which satisfy one or more of the requirements for exemption provided in Miss. Code Ann. § 43-20-5(a), an exemption from the provisions of the Act shall be recognized by the licensing agency. Facilities or programs claiming exemption shall be required, upon the written request of the licensing agency, to provide documentation of the facts claimed to support the basis for the exemption, which documentation shall be provided within 30 days of the request by the licensing agency and shall be sworn by affidavit to be true and accurate under the penalties of perjury. However, any entity exempt from the requirements to be licensed but voluntarily chooses to obtain a license is subject to all provisions of the licensing law and these regulations. 15-1 Miss. Code R. § 1.1.4(4).

Child Residential Homes Child Residential Home: Any place, facility or home operated by any person which receives children who are not related to the operators and whose parents or guardians are not residents of the same facility for supervision, care, lodging and maintenance for 24 hours a day, with or without transfer of custody. 15-3 Miss. Code R. § 3.1.4(4).

The term “A Child Residential Home” shall not include:a. residential homes which are licensed by the Mississippi Department of Human Services under the provisions of §43-15-5, Mississippi Code of 1972 (such facility shall hereafter be known as a Residential Child-Caring Agency); b. any public school; c. any such home operated by a state agency; d. child care facilities as defined in §43-20-5, Mississippi Code of 1972; e. youth camps as defined in §75-74-3, Mississippi Code of 1972; or f. health care facilities licensed by the Department of Health. 15-3 Miss. Code R. § 3.1.4(4).

To be exempt from MDHS licensure and eligible to register with the MSDH, a Child Residential Home shall: 1. Operate under the auspices of a religious institution. a. Such religious institution must have a tax exempt status as a nonprofit religious institution in accordance with §501(c) of the Internal Revenue Code of 1954, as amended, orb. The real property owned and exclusively occupied by the religious institution must be exempt from location taxation. 15-3 Miss. Code R. § 3.2.2

Youth Camp Youth Camp means any camp operating on a permanent campsite for four (4) or more consecutive periods of twenty-four (24) hours and accommodating twenty (20) or more children six (6) to eighteen (18) years of age. 15-4 Miss. Code R. § 4.1.1(15).

Youth camp means ... provided, however, athletic camps and hunting and fishing camps shall not be included in this definition. 15-4 Miss. Code R. § 4.1.1(15).

MissouriGeneral Definitions/ Exemptions A day care facility or facility is a day care home, day care center or group day care home. Mo. Code Regs. tit. 19, §§ 30-61.010(7), 30-62.010(6). None.

Family Day Care Homes A family day care home or home, whether known or incorporated under another title or name, is a child care program where care is given by a person licensed as a family day care home provider for no more than ten (10) children not related to the provider for any part of the twenty-four (24)hour day. The provider may be licensed to operate no more than one (1) family day care home or group day care home. Mo. Code Regs. tit. 19, §§ 30-61.010(10), 30-62.010(9).

Exemption of Day Care FacilitiesPURPOSE: This rule defines the basis on which a family day care home may qualify for exemption from licensure.(1) A day care facility does not qualify for exemption from licensure unless it is under the exclusive control of an entity qualifying for exemption under section 210.211, RSMo. (2) When a nonreligious organization having as its principal purpose the provision of child care services enters into an arrangement with a well-known religious order to provide continuing assistance in the maintenance or operation of a day care facility, the facility is not under the exclusive control of the well-known religious order and does not qualify for exemption from licensure under section 210.211(5), RSMo. (3) If the person(s) operating the facility claims exemption from licensure, s/he shall file all information requested by the department to make a determination of exemption prior to opening. Facilities may waive the right to apply for exemption and request voluntary licensure. These facilities shall comply with all licensing rules. Mo. Code Regs. tit. 19, § 30-61.015.

Group Child Care Homes and Child Care Centers A child day care center or center, whether known or incorporated under another title or name, is a child care program conducted in a location other than the provider’s permanent residence, or separate from the provider’s living quarters, where care is provided for children not related to the child care provider for any part of the twenty-four (24)-hour day. Mo. Code Regs. tit. 19, §§ 30-61.010(5), 30-62.010(4).

A group day care home, whether known or incorporated under another title or name, is a child care program where care is given by a person licensed as a group day care home provider for eleven (11), but not more than twenty (20), children not related to the child care provider, for any part of the twenty-four (24)-hour day. A group day care home shall be in a location other than the provider’s permanent residence or separate from the provider’s living quarters. The provider may be licensed to operate no more than one (1) group day care home or family day care home. Mo. Code Regs. tit. 19, §§ 30-61.010(12), CSR 30-62.010(11).

Exemption of Day Care FacilitiesPURPOSE: This rule defines the basis on which a group day care home or a child day care center may qualify for exemption from licensure.(1) A day care facility does not qualify for exemption from licensure unless it is under the exclusive control of an entity qualifying for exemption under section 210.211, RSMo. (2) When a nonreligious organization, having as its principal purpose the provision of child care services, enters into an arrangement with a well-known religious order to provide continuing assistance in the maintenance or operation of a child care facility, the facility is not under the exclusive control of the well-known religious order and does not qualify for exemption from licensure under section 210.211(5), RSMo. (3) If the person(s) operating the facility claims exemption from licensure, s/he shall file all information requested by the department to make a determination of exemption prior to opening. Facilities may waive the right to apply for exemption and request voluntary licensure. These facilities shall comply with all licensing rules. Mo. Code Regs. tit. 19, § 30-62.022.

License-Exempt Child Care Facilities License-exempt facility or facility is a nursery school not operated by a religious organization or a child care operation run by a religious organization. Mo. Code Regs. tit. 19, § 30-60.010(1)(H). None.

MontanaGeneral Definitions/ Exemptions "Day care" or "child care" means care for children provided by an adult, other than a parent of the children or other person living with the children as a parent, on a regular basis for daily periods

of less than 24 hours, whether that care is for daytime or nighttime hours. In addition to the definitional language found at 52-2-703, MCA, the term also means care to a child up to the age of 13 years except as indicated otherwise in these rules. Mont. Admin. R. 37.95.102(4).

"Day care facility" means a person, association or place, incorporated or unincorporated, that provides day care on a regular basis or a place licensed or registered to provide day care on an irregular basis for children suffering from illness. It includes a family day care home, a day care center, a group day care home, or a facility providing care in a child's home for the purpose of meeting registration requirements for the receipt of payments as provided in 52-2-713, MCA. Mont. Admin. R. 37.95.102(6).

The term does not include care by a relative, unless registration or licensure as a day care facility is required to receive payments as provided in 52-2-713, MCA. Mont. Admin. R. 37.95.102(4).

The term does not include: (a) A person who limits care to children who are related to the person by blood or marriage or under the person's legal guardianship, unless registration or licensure as a day care facility is required to receive payments as provided in 52-2-713, MCA; or (b) Any group facility established chiefly for educational purposes that limits its services to children who are 3 years of age or older. In addition to the previous definitional language found at 52-2-703, MCA, the term also does not include a person caring for the children of a single family, or a person, not receiving any type of state payment for day care, who is caring for children in the children's own home. In addition to the children being cared for in their own home, there may be no more than 2 children from another home being cared for by the same provider. Mont. Admin. R. 37.95.102(6).

Child Day Care Centers "Day care center" means an out-of-home place in which day care is provided to 13 or more children on a regular basis. Mont. Admin. R. 37.95.102(5). See definitions and exemptions of "Day care" and "Day care facility" above.

Family and Group Day Care Homes "Family day care home" means a private residence in which day care is provided to three to six children on a regular basis. In addition to the previous definitional language found at 52-2-703, MCA, the term also means, a day care facility providing care to no more than three children under two years of age unless care is provided exclusively for children under age two. For facilities providing care exclusively for children under age two, family day care home means a place in which supplemental parental care is provided for up to four children under the age two. No other children shall be in attendance. Mont. Admin. R. 37.95.102(12).

"Group day care home" means a private residence or other structure in which day care is provided to seven to 12 children on a regular basis. In addition to the previous definitional language found at 52-2-703, MCA, the term also means a day care facility providing care to seven to 12 children with no more than six children under two years of age, unless care is provided exclusively for children under age two. For facilities providing care children under age two, group day care home means a place in which supplemental parental care is provided for up to eight children under age two. No other children shall be in attendance. (a) Facilities caring exclusively for children under age two shall maintain a staff/infant ratio of one caregiver for each four infants in attendance. (b) Facilities may not provide care to more than three children under the age of two years while also caring for children over two years of age when only one caregiver is present. Mont. Admin. R. 37.95.102(13).

See definitions and exemptions of "Day care" and "Day care facility" above.

NebraskaGeneral Definitions/ Exemptions Child care means the care and supervision of children in lieu of parental care and supervision and includes programs. (See definition of program.) 391 Neb. Admin. Code §§ 1-002, 2-002, 3-002, 4-

002, 5-002.

Program means the provision of services in lieu of parental supervision:1. For children under 13 years of age;2. For compensation, either directly or indirectly; and3. On the average of less than 12 hours per day, but more than two hours per week.Program includes any employer-sponsored child care, family child care home, child care center, school-age child care program, school-age services under Neb. Rev. Stat. § 79-1104, or preschool or nursery school. 391 Neb. Admin. Code §§ 1-002, 2-002, 3-002, 4-002, 5-002

None.

Child Care Center Child care center means a child care program licensed to provide child care for 13 or more children. 391 Neb. Admin. Code § 3-002. The following are exempt from mandatory licensure, but may be voluntarily licensed: 1. Any person who provides child care: a. On an irregular, informal basis and with no established pattern of occurrence; b. Without cost to the parents and who receives no form of compensation; c. To three or fewer children at any one time, except by a person whose license has been suspended or revoked; 2. Recreation camps as defined in Neb. Rev. Stat. § 71-3101, a recreation facility, center, or program operated by a political or governmental subdivision pursuant to the authority provided in Neb. Rev. Stat. § 13-304; 3. Classes or services provided by a religious organization other than child care or a preschool or nursery school; 4. A preschool program conducted in a school approved under Neb. Rev. Stat. § 79-318; 5. Programs operated or contracted by a public school district and subject to the rules and regulations of the State Department of Education under Neb. Rev. Stat. § 79-1104; 6. Services provided only to school-age children during the summer and other extended breaks in the school year; 7. Care provided only to children 13 years of age or older; 8. Care provided for less than two hours per week on average; 9. Foster care as defined in Neb. Rev. Stat. § 71-1901; 10. Care provided by grandparents to only their grandchildren; 11. Care provided on federal military installations; 12. Care provided on Indian reservations by Native Americans; or 13. Care provided by non-Native Americans on Indian reservations when tribal authorities have assumed jurisdiction for regulating the care. 391 Neb. Admin. Code § 3-001.02.

Family Child Care Home I Family Child Care Home I means a child care program in the licensee’s residence which is licensed to serve at least four but not more than eight children, except that a licensee may be approved to serve up to two additional school-age children during non-school hours if no more than two of the other children in care are under 18 months of age. 391 Neb. Admin. Code § 1-002.

The following are exempt from mandatory licensure, but may be voluntarily licensed: 1. Any person who provides child care: a. On an irregular, informal basis and with no established pattern of occurrence; b. Without cost to the parents and who receives no form of compensation; c. To three or fewer children at any one time, except by a person whose license has been suspended or revoked; 2. Recreation camps as defined in Neb. Rev. Stat. § 71-3101, a recreation facility, center, or program operated by a political or governmental subdivision pursuant to the authority provided in Neb. Rev. Stat. § 13-304; 3. Classes or services provided by a religious organization other than child care or a preschool or nursery school; 4. A preschool program conducted in a school approved under Neb. Rev. Stat. § 79-318; 5. Programs operated or contracted by a public school district and subject to the rules and regulations of the State Department of Education under Neb. Rev. Stat. § 79-1104; 6. Services provided only to school-age children during the summer and other extended breaks in the school year; 7. Care provided only to children 13 years of age or older; 8. Care provided for less than two hours per week on average; 9. Foster care as defined in Neb. Rev. Stat. § 71-1901; 10. Care provided by grandparents to only their grandchildren; 11. Care provided on federal military installations; 12. Care provided on Indian reservations by Native Americans; or 13. Care provided by non-Native Americans on Indian reservations when tribal authorities have assumed jurisdiction for regulating the care. 391 Neb. Admin. Code § 1-001.02.

Family Child Care Home II Family Child Care Home II means a child care program in the licensee’s residence or another location which is licensed to serve at least four but not more than 12 children. 391 Neb. Admin. Code § 2-002.


Preschools Preschool means a partial-day early childhood program for children age three and older that provides primarily education services and where children do not nap and are not served a meal. 391 Neb. Admin. Code § 5-002.


School-Age-Only Center These regulations apply to School-Age-Only Child Care Centers, which are licensed to provide a child care program for 13 or more children who attend kindergarten or above. A school-age center may be located in the licensee’s residence or another location. 391 Neb. Admin. Code § 4-001.01.


NevadaGeneral Definitions/ Exemptions “Child care facility” has the meaning ascribed to it in NRS 432A.024. Nev. Admin. Code § 432A.060.

“Child care facility” means:(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 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. Nev. Rev. Stat. § 432A.024(1).

“Child care institution” has the meaning ascribed to it in NRS 432A.0245. Nev. Admin. Code § 432A.070.

“Child care institution” means a facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians. Such an institution may also provide, without limitation:(a) Education to the children according to a curriculum approved by the Department of Education;(b) Services to children who have been diagnosed as severely emotionally disturbed as defined in NRS 433B.045, including, without limitation, services relating to mental health and education; or(c) Emergency shelter to children who have been placed in protective custody pursuant to chapter 432B of NRS. Nev. Rev. Stat. § 432A.0245(1).

“Outdoor youth program” has the meaning ascribed to it in NRS 432A.028. Nev. Admin. Code § 432A.147.

“Outdoor youth program” means a program for the provision of services, while living outdoors, to persons under 18 years of age who have behavioral problems, problems with mental health or problems with the abuse of alcohol or drugs. Nev. Rev. Stat. § 432A.028.

“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 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. Nev. Rev. Stat. § 432A.024(2).

"Outdoor youth program" ... does not include any facility, activity or program:1. Operated by or on behalf of a governmental entity; or2. Licensed by the Division of the Department. Nev. Rev. Stat. § 432A.028.

Child Care Centers “Child care center” means any facility in which the licensee regularly provides day or night care for more than 12 children and which is developmentally appropriate for those children. Nev. Admin. Code § 432A.050.

See exemption for "Child care facility" above.

Family Homes and Group Homes “Family home” means any facility in which the licensee regularly provides care without the presence of parents, for at least five and not more than six children. Nev. Admin. Code § 432A.100.

“Group home” means any facility in which the licensee regularly provides care for no less than seven and no more than twelve children. Nev. Admin. Code § 432A.110.

A group home is not required to be licensed as a nursery for infants and toddlers if the licensee does not provide care for more than eight children who are under 3 years of age. Nev. Admin. Code § 432A.233.

See exemption for "Child care facility" above.

New HampshireGeneral Definitions/ Exemptions “Child care” means “child day care” as defined in RSA 170-E:2, III, namely “the care and supervision of a child away from the child’s home and apart from the child’s parents.” N.H. Code Admin. R.

He-C 4002.01(j).Exemptions; Child Endangerment Prohibited. – I. The definitions in RSA 170- E:2, IV [child day care, family day care home, family group day care home, and school-age program] shall not apply to the following: (a) Kindergartens, nursery schools, or any other daytime programs operated by a public or private elementary or secondary school system or institution of higher learning. (b) Programs offering instruction to children, including but not limited to athletics, crafts, music, or dance, the purpose of which is the teaching of a skill. (c) Private homes in which any number of the provider's own children, whether related biologically or through adoption, and up to 3 additional children are cared for regularly for any part of the day, but less than 24 hours, unless the caregiver elects to comply with the provisions of this chapter and be licensed.(d) Child care services offered in conjunction with religious services attended by the parent or offered solely for the purpose of religious instruction. (e) Facilities operated as a complimentary and limited service for the benefit of the general public in connection with a shopping center, ski area, bowling alley, or other similar operation where the parents or custodians of the serviced children are on the premises or in the immediate vicinity and are readily available. (f) Municipal recreation programs, including after-school and summer recreation programs. (g) Any recreational program as defined in RSA 170-E:2, XI-a. (h) Private homes in which the only children in care are the provider's own children, children related to the provider, and children residing with the provider. II. Persons administering programs exempted from licensing pursuant to this section shall be subject to the provisions of RSA 170-E:4, II. N.H. Rev. Stat. § 170-E:3.

Center-based Programs “Center based program” means any program owned and operated by one applicant which is not licensed as a family or family group child care home and is licensed to provide any of the following types of child care:(1) Group child care center;(2) Infant/toddler program;(3) Night care program;(4) Preschool program;(5) School-age program; or(6) Any combination thereof. N.H. Code Admin. R. He-C 4002.01(h).

“Full day school program” means a kindergarten or elementary school program which operates more than 5 hours each day, and is administered by a public or private school which is approved by the department of education. N.H. Code Admin. R. He-C 4002.01(z).

“Group child care center” means “group child day care center” as defined in RSA 170-E:2, IV(c), namely “a child day care agency in which child day care is provided for preschool children and up to 5 school-age children, whether or not the service is known as day nursery, nursery school, kindergarten, cooperative, child development center, day care center, center for the developmentally disabled, progressive school, Montessori school, or by any other name.” N.H. Code Admin. R. He-C 4002.01(aa).


Family Child Care Homes and Family Group Child Care Homes “Family child care home” means “family day care home” as defined in RSA 170-E:2, IV(a), namely “an occupied residence in which child day care is provided for less than 24 hours per day, except in emergencies, for up to 6 children from one or more unrelated families. The 6 children shall include any foster children residing in the home and all children related to the caregiver except children who are 10 years of age or older. In addition to the 6 children, up to 3 children attending a full day school program may also be cared for up to 5 hours per day on school days and all day during school holidays.” N.H. Code Admin. R. He-C 4002.01(u).

“Family group child care home” means “family group day care home” as defined in RSA 170E:2, IV(b), namely “an occupied residence in which child day care is provided for less than 24 hours per day, except in emergencies, for 7 to 12 children from one or more unrelated families. The 12 children shall include all children related to the caregiver and any foster children residing in the home, except children who are 10 years of age or older. In addition to the 12 children, up to 5 children attending a full day school program may also be cared for up to 5 hours per day on school days and all day during school holidays.” N.H. Code Admin. R. He-C 4002.01(y).


New Jersey

Child Care Centers “Child care center” or “center” means any home or facility, by whatever name known, which is maintained for the care, development, or supervision of six or more children under 13 years of age who attend for less than 24 hours a day.1. For a facility that is located in a sponsor's or sponsor representative's home, the Office of Licensing shall not count the children residing in the sponsor's or sponsor representative's home in determining whether the facility is serving the minimum number of children that would require it to be licensed as a center. N.J. Admin. Code § 3A:52-1.2(a).

The term “child care center” shall include, but not be 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. N.J. Admin. Code § 3A:52-1.2(b).

The term “child care center” shall not include the following programs, since they do not meet the definition of a child care center:1. A program serving fewer than six children who are below 13 years of age;2. A program, such as that located in a bowling alley, health spa or other facility, in which:i. Each child attends on a drop-in basis for no more than two hours; andii. The parent of each child attending the program is in the same building, is readily accessible at all times on an on-call basis, and is able to resume control of the child immediately;3. A child care program operating within a geographic area, enclave, or facility that is owned or operated by the Federal government;4. A family day care home that is registered pursuant to the Family Day Care Provider Registration Law, N.J.S.A. 30:5B–16 et seq.;5. Programs that offer activities for children who attend at their own discretion on an “open door” basis, where there is no agreement, written or implied, between the program and the parent for the program to assume responsibility for the care of the child; and6. A program offering child care on an ad hoc, sporadic, and isolated basis in order to meet an emergency or special need, such as during emergency school closings, conferences, or training sessions. N.J. Admin. Code § 3A:52-1.2(c).

The following programs are exempt from licensure pursuant to the laws specified in N.J.A.C. 3A:52-1.1(a):1. Programs operated by the board of education of a local public school district which is responsible for their implementation and management;2. Kindergartens, pre-kindergarten programs, or child care centers that are operated by, and are an integral part of, a private educational institution or system providing elementary education in grades kindergarten through sixth;i. For purposes of this paragraph, operation of a program by a private educational institution or system shall require direct operation and payment of staff by the operating institution or system.ii. For purposes of this paragraph, a program is an integral part of a private educational institution or system if the program and the institution or system can reasonably demonstrate integration of the program based on geographic proximity, commonality of enrollment, and continuation of enrollment between the program and the institution or system, commonality of staffing, cohesion of an academic curriculum between programs, or some combination of the above.3. Centers or special classes operated:i. Primarily for religious instruction. To qualify for an exemption from licensing under this paragraph, a center or special class must:(1) Be 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 on any day; orii. For the temporary care of children while persons responsible for such children are attending religious services. To qualify for an exemption from licensure under this provision, a center or special class must:(1) Provide care only for the children of participants in religious services that are an integral part of a bona fide church or religion;(2) Be arranged by and responsible to the church or religion; and(3) Provide child care only for the duration of time the services are in progress;4. Programs of specialized activities or instruction for children that are not designed or intended for child care purposes, including, but not limited to: Boy Scouts, Girl Scouts, 4-H Clubs, Junior Achievement, and commercial indoor playground or sports centers where parents remain with pre-school children; and single activity programs such as: athletics gymnastics hobbies art music dance and craft instruction which are supervised by an adult agency or institution To qualify for an exemption from licensing under this paragraph a program must:

Family Child Care “Family child care home” means the private residence of the family child care provider in which child care services are provided to no fewer than three and no more than five children at any one time for no fewer than 15 hours per week, except that the Department shall not exclude a family child care home with fewer than three children from voluntary registration. N.J. Admin. Code § 3A:54-1.2.

None.

New MexicoNon-Licensed Family Child Care Homes "Registered family child care home" means the residence of an independent primary caregiver who registers the home under these regulations to participate in the child and adult care food

program or in the state and federal child care assistance programs. N.M. Code R. § 8.17.2.7(P).

“Registered family child care food-only home” means the residence of an independent primary caregiver who registers the home under these regulation to participate in the child and adult care food program only and does not participate in the state and federal child care assistance program. N.M. Code R. § 8.17.2.7(Q).

“Exempt caregiver” means a child care home primary caregiver who is exempt from participating in the CACFP because he or she is caring only for resident children or does not provide child care during the hours when a meal (breakfast, lunch or dinner) is served. N.M. Code R. § 8.17.2.7(H).

Child Care Centers “Child care center” means a facility required to be licensed under these regulations that provides care, services, and supervision for less than 24-hours a day to children. A child care center is in a non-residential setting and meets the applicable state and local building and safety codes. N.M. Code R. § 8.16.2.7(I).

These regulations do not apply to any of the following. A. Facilities providing child care for 24 hours on a continuous basis. Such facilities are covered by other regulations promulgated by the children, youth and families department that are available upon request from the licensing authority. B. Child care facilities operated by the federal government or a tribal government. C. Child care facilities operated by a public school system and governed by the local school board. D. Private schools accredited or recognized by the New Mexico department of education, operated for educational purposes only for children age five years or older. E. Child care facilities provided exclusively for children of parents who are simultaneously present in the same premises. F. Summer religious schools held on a church, religious building or house of worship premises. G. Summer camps, wilderness camps, and programs operated for recreational purposes only by recognized organizations such as churches, schools, and the boy and girl scouts, provided such camps and programs are not conducted in private residences. H. Any individual who in their own home provides care, services and supervision to four or fewer nonresident children. I. Parent’s day out programs held in a church, religious building or house of worship, or public building operating for no more than eight hours per week and no more than four hours on any given day. The program will be staffed by parents participating in the program, or by others who are members of the church or public affiliation. N.M. Code R. § 8.16.2.9.

Family Child Care Home and Group Child Care Home “Family child care home” means a private dwelling required to be licensed under these regulations that provides care, services and supervision for a period of less than 24 hours of any day for no more than six children. The licensee will reside in the home and be the primary educator. N.M. Code R. § 8.16.2.7(AA).

“Group child care home” means a home required to be licensed pursuant to these regulations, which provides care, services, and supervision for at least seven but not more than 12 children. The licensee will reside in the home and be the primary educator. N.M. Code R. § 8.16.2.7(CC).


Out of School Time Care “Out of school time program” means a school age program at a specific site, usually a school or community center, offering on a consistent basis a variety of developmentally appropriate activities that are both educational and recreational. N.M. Code R. § 8.16.2.7(PP).


New YorkGeneral Definitions/ Exemptions None. Waivers

(a) A written waiver of one or more non-statutory requirements of this Part or of Part 414, 416, 417 or 418 may be issued by the Office to an applicant or a licensee or registrant at the time of application or subsequent to the issuance of a license or registration. Licensees or registrants must operate in full compliance with the regulations at all times prior to the issuance of a written waiver. (b) An applicant or licensee or registrant must submit to the Office a written request for a waiver on forms provided by the Office, or approved equivalents. This written application must include: (1) the specific regulation for which a waiver is sought; (2) the reason the waiver is necessary; and (3) a description of what will be done to achieve or maintain the intended purpose of the regulation and to protect the health, safety and well-being of children. (c) The Office may require the applicant, licensee or registrant to make physical plant modifications or adopt special methods or procedures to protect the health, safety and wellbeing of children before a waiver is granted pursuant to this subdivision. (d) Written approval for a waiver will be granted only upon a determination by the Office that the proposed waiver will not adversely affect the health, safety or well-being of children, and that the purpose of the regulation which is waived will be met. Waivers may be time limited, at the discretion of the Office. (e) Failure to adhere to the terms of the waiver will result in rescission of the waiver and may constitute sufficient cause for the Office to deny, revoke, suspend or limit a license or registration. N.Y. Comp. Codes R. & Regs. tit. 18, § 413.6.

Child Day Care Child day care means care for a child on a regular basis provided away from the child's residence for less than 24 hours per day by someone other than the parent, stepparent, guardian or relative within the third degree of consanguinity of the parents or stepparents of such child. A relative within the third degree of consanguinity of the parent or step-parent includes: the grandparents of the child; the great-grandparents of the child; the great-great-grandparents of the child; the aunts and uncles of the child, including the spouses of the aunts and uncles; the great-aunts and great-uncles of the child, including the spouses of the great-aunts and great-uncles; the siblings of the child; and the first cousins of the child, including the spouses of the first cousins. N.Y. Comp. Codes R. & Regs. tit. 18, § 413.2(a)(1).

Child day care does not refer to care provided in: (i) a summer day camp, traveling summer day camp or children's overnight camp as defined in the State Sanitary Code; (ii) a program for school-age children operated solely for the purpose of religious education, sports, classes, lessons or recreation; (iii) a facility providing day services under an operating certificate issued by the Office; (iv) a facility providing day treatment under an operating certificate issued by the Office of Mental Health or by the Office for People with Developmental Disabilities; or (v) a kindergarten, pre-kindergarten or nursery school for children three years of age or older, or a program for school-age children conducted during non-school hours, operated by a public school district or by a private school or academy which is providing elementary or secondary education or both in accordance with the compulsory education requirements of the Education Law, provided that such kindergarten, prekindergarten, nursery school or program is located on the premises or campus where the elementary or secondary education is provided. N.Y. Comp. Codes R. & Regs. tit. 18, § 413.2(a)(2).


Child Day Care Centers Child day care center means a program or facility which is not a residence in which child day care is provided on a regular basis to more than six children for more than three hours per day per child for compensation or otherwise, except those programs providing care as a school-age child care program as defined in this Section. The name, description or form of the entity which operates a child day care center does not affect its status as a child day care center. N.Y. Comp. Codes R. & Regs. tit. 18, § 413.2(b)(1).

The provisions of Part 413 of this Title apply to this Subpart. N.Y. Comp. Codes R. & Regs. tit. 18, § 418-1.1. (See Exemptions for Child Day Care)


Family Day Care Homes Family day care home shall mean a program caring for children for more than three hours per day per child in which child day care is provided in a family home for three to six children. N.Y. Comp. Codes R. & Regs. tit. 18, § 413.2(b)(2).

The provisions of Part 413 of this Title apply to this Part. N.Y. Comp. Codes R. & Regs. tit. 18, § 417.1. (See Exemptions for Child Day Care)


Group Family Day Care Homes Group family day care home shall mean a program caring for children for more than three hours per day per child in which child day care is provided in a family home for seven to twelve children of all ages, except for those programs operating as a family day care home, which care for seven or eight children. A group family day care program may provide child day care services to four additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session. N.Y. Comp. Codes R. & Regs. tit. 18, § 413.2(b)(3).

The provisions of Part 413 of this Title apply to this Part. N.Y. Comp. Codes R. & Regs. tit. 18, § 416.1. (See Exemptions for Child Day Care).See General Exemptions above.

School Age Child Care School-age child care program means a program or facility which is not a residence in which child day care is provided to an enrolled group of seven or more children under 13 years of age during the school year before and/or after the period such children are ordinarily in school or during school lunch periods. School-age child care programs also may provide care during school holidays and those periods of the year in which school is not in session, including summer vacation. Such programs must operate consistent with the local school calendar. The name, description or form of the entity which operates a school-age child care program does not affect its status as a school-age child care program. N.Y. Comp. Codes R. & Regs. tit. 18, § 413.2(b)(4).

The provisions of Part 413 of this Title apply to this Part. N.Y. Comp. Codes R. & Regs. tit. 18, § 414.1. (See Exemptions for Child Day Care)


Small Day Care Centers Small day care center means a program or facility which is not a residence in which child day care is provided to three through six children for more than three hours per day per child for compensation or otherwise. The name, description or form of the entity which operates a small day care center does not affect its status as a small day care center. N.Y. Comp. Codes R. & Regs. tit. 18, § 413.2(b)(5).

The provisions of Part 413 of this Title apply to this Subpart. N.Y. Comp. Codes R. & Regs. tit. 18, § 418-2.1. (See Exemptions for Child Day Care)


North Carolina General Definitions/ Exemptions "Child Care Program" means a single center or home, or a group of centers or homes, or both, that are operated by one owner or supervised by a common entity. 10A N.C. Admin. Code

09.0102(4).

Primary Service. Child care services means the provision of protection, care and developmental experiences to children ages birth to 18 years, for a portion of a day but less than 24 hours, in the child's own home, in the home of a caregiver, or in a child care center. Each type of care arrangement shall meet all state and federal standards applicable to such arrangements. Services include providing information to families and the community about what constitutes a good child care experience and assisting eligible families as needed with the cost of purchasing the child care service consistent with state policies. In addition, transportation may be included in child care services. For each type of care arrangement, the equipment and materials necessary to carry out the daily program of activities shall be included in the services provided. 10A N.C. Admin. Code 10.0903(a).

None.

Child Care Centers None. None.Family Child Care Homes None. None.North DakotaGeneral Definitions/ Exemptions "Early childhood services" means the care, supervision, education, or guidance of a child or children, which is provided in exchange for money, goods, or other services. N.D. Cent. Code § 50-11.1-

02(7).Early childhood services does not include: a. Substitute parental child care provided pursuant to chapter 50-11. b. Child care provided in any educational facility, whether public or private, in grade one or above. c. Child care provided in a kindergarten which has been established pursuant to chapter 15.1-22 or a nonpublic elementary school program approved pursuant to subsection 1 of section 15.1-06-06. d. Child care, preschool, and prekindergarten services provided to children under six years of age in any educational facility through a program approved by the superintendent of public instruction. e. Child care provided in facilities operated in connection with a church, business, or organization where children are cared for during periods of time not exceeding four continuous hours while the child's parent is attending church services or is engaged in other activities, on the premises. f. Schools or classes for religious instruction conducted by religious orders during the summer months for not more than two weeks, Sunday schools, weekly catechism, or other classes for religious instruction. g. Summer resident or day camps for children which serve no children under six years of age for more than two weeks. h. Sporting events, practices for sporting events, or sporting or physical activities conducted under the supervision of an adult. i. Head start and early head start programs that are federally funded and meet federal head start performance standards. j. Child care provided in a medical facility by medical personnel to children who are ill. N.D. Cent. Code § 50-11.1-02(7).

Group Child Care A child care program licensed to provide early childhood services for thirty or fewer children. N.D. Cent. Code § 50-11.1-02(9). See "early childhood services" exemption above.

Child Care Centers An early childhood program licensed to provide early childhood services to nineteen or more children. N.D. Cent. Code § 50-11.1-02(2). See "early childhood services" exemption above.

Family Child Care A private residence licensed to provide childhood services for no more than sever children at any one time, except that the term includes a residence licensed to provide early childhood services to two additional school-age children. N.D. Cent. Code § 50-11.1-02(8).

See "early childhood services" exemption above.

In Home Child Care Does not specifically define "In home child care."

"In-home provider" means any person who provides early childhood services to children in the children's home. N.D. Cent. Code § 50-11.1-02(11).


School Age Child Care Program "School-age child care program" or "program" means a program licensed to provide early childhood services exclusively to school-age children before and after school, during school holidays, and during summer vacation. N.D. Admin. Code 75-03-11.1-03(9).

"School-age child care" means a child care program licensed to provide early childhood services on a regular basis for nineteen or more children aged five years through eleven years. N.D. Cent. Code § 50-11.1-02(22).


OhioGeneral Definitions/ Exemptions "Child care" per section 5104.01 of the Revised Code means all of the following:

(1) Administering to the needs of infants, toddlers, preschool-age children and school-age children outside of school hours; (2) By persons other than their parents, guardians, or custodians; (3) For any part of the twenty-four-hour day; and (4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home. Ohio Admin. Code 5101:2-12-01(J), 2-13-01(I), 2-14-01(F), 2-16-01(G).

None.

Child Day Camps "Child day camp" means a program in which only school children, as defined in this rule, attend or participate. The child day camp's program shall meet the following requirements: (1) The child day camp shall offer a program that operates no longer than seven hours per day. The seven hours do not include transportation time from a child's home to the child day camp and from a child day camp to a child's home, and does not include transportation to and from pick-up and drop-off sites which are not the child's home. (a) The program may schedule one or more overnight activities in conjunction with its child day camp operation. (b) The child day camp may serve children for more than twenty-four consecutive hours while also serving school children who attend seven or fewer hours per day. (2) The child day camp shall operate only during one or more public school district's regular vacation periods or for no more than fifteen weeks during the summer. (3) The child day camp shall operate outdoor activities for all children who participate in the program for a minimum of fifty per cent of each day that children attend or participate in the program, except for any day when hazardous weather conditions prevent the program from operating outdoor activities for a minimum of fifty per cent of that day. Ohio Admin. Code 5101:2-18-01(A).

"School child" means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above and who is less than fifteen years old. Ohio Admin. Code 5101:2-18-01(G).

"Approved child day camp" means a child day camp that is approved to enter into a provider agreement to provide publicly funded child care pursuant to rule 5101:2-16-44 of the Administrative Code. Approved child day camps shall meet one of the following requirements: (1) Be accredited by the American camp association (ACA). (2) Be accredited by any nationally recognized organization that accredits child day camps by using standards that the Ohio department of job and family services has determined are substantially similar and comparable to those of the ACA. Ohio Admin. Code 5101:2-18-01(B).

A person operating any of the following programs is exempt from being registered with or approved by the Ohio department of job and family services (ODJFS) as a child day camp as required in Chapter 5101:2-18 of the Administrative Code and sections 5104.21 and 5104.22 of the Revised Code. (1) A child day camp that operates for two or fewer consecutive weeks, and for no more than a total of two weeks during each calendar year. (2) Supervised training, instruction, or activities for children that are conducted on an organized or periodic basis no more than one day per week and for no more than six hours duration. These programs shall be conducted for specific content areas, such as but not limited to, art, drama, dance, music, gymnastics, swimming or another athletic skill or sport, computers or an education subject. (3) Programs where at least one parent, custodian or guardian of each child attending or participating is on the child day camp activity site and is readily accessible at all times. A child day camp that is on the premises of a parent's, custodian's or guardian's place of employment shall be registered in accordance with the requirements of Chapter 5101:2-18 of the Administrative Code and section 5104.21 of the Revised Code. A place of employment does not include a camp in which a parent, custodian or guardian of a child enrolled in the camp also has duties in that program. (4) Child day camps that are funded and regulated, or operated and regulated by any state department other than the Ohio department of job and family services (ODJFS). Ohio Admin. Code 5101:2-18-02(A).

Child Care Centers "Child care center" and "center" means any place child care is provided for thirteen or more children at one time or any place that is not the permanent residence of the licensee or administrator in which child care is provided for seven to twelve children at one time. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator or employee and are on the premises of the center shall be counted. Ohio Admin. Code 5101:2-1-01(57).

"Child care center", as defined in Chapter 5104. of the Revised Code, means any place that is not the permanent residence of the licensee or administrator in which child care is provided, with or without compensation, for seven to twelve children at one time , or any place in which child care is provided for thirteen or more children at one time. Ohio Admin. Code 5101:2-12-02(A).

"Drop in center", as defined in Chapter 5104. of the Revised Code, means a center that provides child care for children on a temporary, irregular basis. "Temporary and irregular" means no morethan thirty days a year for any child enrolled. Ohio Admin. Code 5101:2-12-02(B).

"Part -time child care center", as defined in Chapter 5104. of the Revised Code, means a center that provides child care for no more than four hours per day for any child. Ohio Admin. Code 5101:2-12-02(D).

School child care center", as defined in Chapter 5104. of the Revised Code, means a center that provides child care for school children only and operates only during that part of the day immediately before and/or after the public school day of the school district, and/or when the public schools in the district are not open for instruction. Ohio Admin. Code 5101:2-12-02(E).

None.

Type A Family Care Homes "Type A home" means a permanent residence of the administrator in which child care or publicly funded child care is provided for seven to twelve children at one time or a permanent residence of the administrator in which child care is provided for four to twelve children at one time if four or more children at one time are under two years of age. In counting children for the purposes of this paragraph, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted. Ohio Admin. Code 5101:2-1-01(325).

"Type A home", as defined in Chapter 5104. of the Revised Code, means a permanent residence of the administrator in which child care is provided for seven to twelve children at one time, including any children under six years of age who are related to a licensee, administrator, or employee of the type A home and who are on the premises of the type A home; or for four to twelve children at one time if four or more children at one time are under two years of age, including any children under six years of age who are related to a licensee, administrator, or employee of the type A home and who are on the premises of the type A home. Ohio Admin. Code 5101:2-13-02(A).

"Drop-in type A home", as defined in Chapter 5101. of the Revised Code, means a home that provides child care for children on a temporary, irregular basis. "Temporary and irregular" means no more than thirty days a year for any child. Ohio Admin. Code 5101:2-13-02(B).

"Part-time type A home", as defined in Chapter 5104. of the Revised Code, means a type A home that provides child care for no more than four hours per day for any child. Code 5101:2-13-02(C).

"School child type A home", as defined in Chapter 5104. of the Revised Code, means a type A home that provides child care for school children only and operates only during that part of the day immediately before or after the public school day of the school district, and/or when the public schools in the district are not open for instruction. Code 5101:2-13-02(D).

"Type A home" does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings. "Type A home" does not include a child day camp. Ohio Admin. Code 5101:2-1-01(325).

Type B Family Care Homes "Type B home," means a permanent residence of the provider in which child care services are provided for one to six children at one time and in which no more than three children may be under two years of age at one time. (a) In counting children for the purposes of this rule, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted. Childrensix years of age or older who are related to the provider and who are on the premises of the "type B home" shall not be included in this count. (b) A "type B home" also includes a home which is the permanent residence of both the provider and the parent. Ohio Admin. Code 5101:2-1-01(326).

"Type B home" means the permanent residence of the provider in which child care is provided for one to six children at one time and in which no more than three children are under two years of age. Ohio Admin. Code 5101:2-14-01(Y).

None.

Publically Funded Child Care "Publicly funded child care" is the care of infants, toddlers, preschool children, and school children under age thirteen by an eligible provider. Publicly funded child care is paid, wholly or in part, with federal or state funds, including funds available under the child care block grant act Title IV-A, and Title XX, distributed by ODJFS. Ohio Admin. Code 5101:2-16-01(R).

"Eligible provider" means a child care provider who is eligible to receive public funds in accordance with Chapter 5104. of the Revised Code, has completed the provider agreement with the Ohio department of job and family services (ODJFS) and has entered all required information in the provider portal. An eligible provider includes all of the following: (1) A licensed child care center. (2) A licensed type A child care home. (3) A licensed type B child care home. (4) A certified in-home aide. (5) A licensed school child care center. (6) A licensed preschool program. (7) A licensed school child program. (8) An approved child day camp as defined in rule 5101:2-18-01 of the Administrative Code. Ohio Admin. Code 5101:2-16-01(J).

"Head Start program" means a comprehensive child development program that receives federal funds distributed under the "Head Start Act" 95 Stat. 499 (1981) which includes early head start. Ohio Admin. Code 5101:2-16-01(K).

None.

OklahomaGeneral Definitions/ Exemptions "Child care facility" means any public or private child care residential facility, child-placing agency, foster family home, child care center, part-day program, out-of-school time program, day camp,

drop-in program, program for sick children, family child care home, or large family child care home providing either full-time or part-time care for children away from their own homes. Okla. Stat. tit. 10, § 402(4).

A. The provisions of the Oklahoma Child Care Facilitie Licensing Act shall not apply to:1. Care provided in a child's own home or by relatives; 2. Informal arrangements which parents make with friends or neighbors for the occasional care of their children; 3. Programs in which school-aged children three (3) years of age and older are participating in home-schooling; 4. Programs that serve children three (3) years of age and older and that are operated during typical school hours by a public school district; 5. Programs that serve children three (3) years of age and older and that are operated during typical school hours by a private school that offers elementary education in grades kindergarten through third grade; 6. Summer youth camps for children who are at least five (5) years of age, that are accredited by a national standard-setting agency or church camp accreditation program; 7. Programs in which children attend on a drop-in basis and parents are on the premises and readily accessible; 8. A program of specialized activity or instruction for children that is not designed or intended for child care purposes including, but not limited to, scouts, 4-H clubs and summer resident youth camps, programs that limit children from enrolling in multiple sessions because of the type of activity or ages accepted, and singleactivity programs such as academics, athletics, gymnastics, hobbies, art, music, dance and craft instruction; 9. Any child care facility that: a. provides care and supervision for fifteen (15) or fewer hours per week, b. operates less than eight (8) weeks annually, or c. operates in the summer for less than eight (8) hours per day; 10. Facilities whose primary purpose is medical treatment; 11. Boarding schools that have education as their primary purpose and that are recognized as accredited by the State Board of Education. To be exempt, such programs shall: a. have classroom facilities that are not used for residential living, b. not have been granted nor have assumed legal custody of any child attending the facility, and c. adhere to standard educational holiday and seasonal recess periods to permit students reasonable opportunities to return to their primary places of residence with parents or legal guardians; 12. Day treatment programs and maternity homes operated by a licensed hospital; 13. Juvenile facilities certified by the Office of Juvenile Affairs or certified by any other state agency authorized by law to license such facilities; 14. A program where children are not enrolled by the parents and are free to come and go; 15. A program in tribal land as defined at 25 U.S.C.A. 1903 (10); and 16. A program on a military base or federal property. B. The provisions of the Oklahoma Child Care Facilities Licensing Act shall be equally incumbent upon all private and public child care facilities. Oka. Stat. tit. 10, § 403.

Family Child Care Homes and Large Child Care Homes "Family child care home" means a family home that provides care and supervision for seven or fewer children for part of the 24-hour day. Okla. Stat. tit. 10, § 402(10); Okla. Admin. Code § 340:110-3-81.

"Large family child care home" means a residential family home that provides care and supervision for eight to 12 children for part of the 24-hour day. Okla. Stat. tit. 10, § 402(12); Okla. Admin. Code § 340:110-3-81.

The term "family child care home" shall not include informal arrangements which parents make independently with neighbors, friends, and others, or with caretakers in the child's own home. Okla. Stat. tit. 10, § 402(10).


Child Care Centers, OST Programs, Drop-in Centers, Day Camps, Part-day child care programs "Child care center" means a program which operates thirty (30) or more hours per week. Okla. Stat. tit. 10, § 402(3); Okla. Admin. Code § 340:110-3-275.

"Part-day child care program" means a program that provides care and supervision for children and that operates for more than fifteen (15) and up to thirty (30) hours per week. Okla. Stat. tit. 10, § 402(13); Okla. Admin. Code § 340:110-3-275.

"Day camps" means programs that operate during school breaks for 12 hours or less per day, serve children 5-year-olds and older who are attending, or have completed kindergarten or above, and use the outdoors as a major program component for at least 50 percent of the daily hours of operation. Okla. Admin. Code § 340:110-3-275.

"Drop-in programs" means programs that operate 30 or more hours per week with individual children attending six hours or less per day and 24 hours or less per week, with an allowance for three extra six-hour days per 12 months per child. Okla. Admin. Code § 340:110-3-275.

"Out-of-school time programs" means programs that operate when school is not in session, such as before- and after-school and school breaks, and serve 3-year-olds and older who are attending or have completed pre-kindergarten or above. Okla. Admin. Code § 340:110-3-275.

"Programs for sick children" means programs that serve children with illnesses or symptoms preventing them from comfortable participation in activities in a program caring for children who are well. The children require more care than personnel in a program caring for children who are well can provide without compromising the health and safety of other children in care. Okla. Admin. Code § 340:110-3-275.

Exemptions. Authorization to operate is not required from Licensing when the program is exempt per 10 O.S. § 403, the Oklahoma Child Care Facilities Licensing Act. Okla. Admin. Code § 340:110-3-276(b)(2).


OregonGeneral Definitions/ Exemptions "Child Care" means the care, supervision, and guidance on a regular basis of a child, unaccompanied by a parent, guardian, or custodian, during a part of the 24 hours of the day, with or without

compensation. Or. Admin. R. 414-205-0010(3); 414-300-0005(7); 414-350-0010(8).

"Child Care Facility" means any facility that provides child care to children, including a child care center, certified family child care home, and registered family child care home. It includes those known under a descriptive name, such as nursery school, preschool, kindergarten, child play school, before or after school care, or child development center, except those excluded under ORS 657A.250. This term applies to the total child care operation and includes the physical setting, administration, staff, equipment, program, and care of children. Or. Admin. R. 414-300-0005(13); 414-350-0010(12).

None.

Certified Child Care Centers "Child Care Center" or "Center" means a child care facility that is certified to care for thirteen or more children, or a facility that is certified to care for twelve or fewer children and located in a building constructed as other than a single family dwelling. Or. Admin. R. 414-300-0005(10).

"School-Age Program" means care and education provided in a center, part of a center, school or other facility to children attending kindergarten or eligible to be enrolled in the first grade or above and, during the months of summer vacation from school, eligible to be enrolled in the first grade or above in the next school year. Or. Admin. R. 414-300-0005(41).

Child care does not include the care provided: (a) In the home of the child; (b) By the child's parent or guardian, or person acting in loco parentis; (c) By a person related to the child by blood or marriage within the fourth degree as determined by civil law; (d) On an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care; or (e) By providers of medical services. Or. Admin. R. 414-300-0005(7).

These rules do not apply to child care facilities specifically excluded by law. Excluded facilities are those that: (a) Provide care for preschool children that is primarily educational for four hours or less per day and where no preschool age child is present at the facility for more than four hours per day except as provided in 414-300-0000(1)(d); or (b) Provide care for school-age children that is primarily a single enrichment activity, for eight hours or less a week; or (c) Provide care in which youth development activities are provided to school-age children during hours that school is not in session and which does not take the place of a parent’s care; or (d) Provide care that is primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group; or. This exclusion applies only to the time engaged in the group athletic or social activities and if the children can come and go as they please; or (e) Are operated by a school district, political subdivision of this state, or a government agency; or (f) Are operated on an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care except as provided in 414-300-0000(1)(e); or (g) Operate as a parent cooperative for no more than four hours a day; or (h) Provide care while the child's parent remains on the premises and is engaged in an activity offered by the facility or in other nonwork activity; or (i) Provide care for three children other than the person’s own children except as provided in 414-300-0000(1)(c); or (j) Provide care for children from only one family other than the person’s own family except as provided in 414-300-0000(1)(f). Or. Admin. R. 414-300-0000(2).

Certified Family Child Care Homes “Certified Family Child Care Home” or “Home” means: a child care facility located in a building constructed as a single family dwelling that has a certificate to care for a maximum of 16 children at any one time. Or. Admin. R. 414-350-0010(7).

Child care does not include the care provided: (a) In the home of the child; (b) By the child’s parent or guardian, or person acting in loco parentis; (c) By a person related to the child by blood or marriage within the fourth degree as determined by civil law; (d) On an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care; (e) By providers of medical services; or (f) By a person who is a member of the child’s extended family, as determined by the division on a case-by-case basis. Or. Admin. R. 414-350-0010(8).

The following child care facilities are specifically excluded by law and are not required to comply with these rules: (a) A registered family child care home; (b) A facility providing care for preschool children that is primarily educational for four hours or less per day and where no preschool age child is present at the facility for more than four hours per day except as provided in 414-350-0000(1)(d); (c) Care provided in the home of the child; or (d) A facility that provides care on an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care except as provided in 414-350-0000(1)(e);or (e) A facility that provides care for no more than three children other than the person’s own children except as provided in 414-350-0000(1)(c); (f) A facility that provides care for children from only one family other than the person’s own family except as provided in 414-350-0000(1)(f). Or. Admin. R. 414-350-0000(2).

Registered Family Child Care Homes "Registered Family Child Care Home" means the residence of the provider, who has a current Family Child Care Registration at that address and who provides care in the family living quarters. Or. Admin. R. 414-205-0010(21).

These rules do not apply to care provided: (a) In the home of the child; (b) To three or fewer children, not including the provider's children subject to the limits in OAR 414-205-0065 except as provided in 414-205-0000(2)(c); (c) To children from one family, not including the provider's children except as provided in 414-205-0000(2)(f); (d) On an occasional basis by a person not ordinarily engaged in providing child care except as provided in 414-205-0000(2)(e); (e) By the child's parent, legal guardian, or person acting in place of a parent; (f) By a person related to the child care children by blood, marriage, or adoption; or (g) By a person who is a member of the child's extended family, as determined by OCC on a case-by-case basis or; (h) By a person providing care for preschool children that is primarily educational for four hours or less per day and where no preschool age child is present at the facility for more than four hours per day, except as provided in 414-205-0000(2)(d). Or. Admin. R. 414-205-0000(3).

PennsylvaniaGeneral Definitions/ Exemptions Child care experience—Care for a child in lieu of care by the parent or guardian for part of a 24-hour day. The term includes care of foster children in a court-supervised arrangement. 55 Pa. Code

§§ 3270.4; 3280.4; 3290.4.Child care experience ... does not include care of related children who reside with an individual. The term does not include supervised onsite training in the case of a student who is fulfilling the requirements of a secondary or postsecondary child care training or educational curriculum. 55 Pa. Code §§ 3270.4; 3280.4; 3290.4.

Child Day Care Centers This chapter [Child Day Care Centers] applies to facilities in which out-of-home care is provided, at any one time, for part of a 24-hour day to seven or more children, 15 years of age or younger, including: (1) Care provided to a child at the parent’s work site when the parent is not present in the child care space. (2) Care provided in private or public, profit or nonprofit facilities.(3) Care provided before or after the hours of instruction in nonpublic schools and in private nursery schools and kindergartens. 55 Pa. Code § 3270.3(a).

Child day care center—The premises in which care is provided at any one time for seven or more children unrelated to the operator. 55 Pa. Code § 3270.4.

This chapter [Child Day Care Centers] does not apply to: (1) Care provided by relatives. (2) Care furnished in places of worship during religious services. (3) Care provided in a facility where the parent is present at all times child care is being provided. (4) Care provided during the hours of instruction in nonpublic schools and in private nursery schools and kindergartens. 55 Pa. Code § 3270.3(b).

This chapter is not applicable to a part-day school-age program for children who attend kindergarten or older but under 16 years of age as follows:(1) A part-day school-age program that operates for less than 90 consecutive days per calendar year from the date the program opens to the date the program closes. This clarification does not apply to a legal entity that has a certificate of compliance to operate a child care center or group child care home and that increases its enrollment to include school-age children in the summer and on school holidays. (2) A part-day school-age program that operates 2 hours or less per day for 3 or fewer days per week. (3) A part-day school-age program that has a single purpose for the children’s attendance and that purpose is the only focus of the program. For example, basketball or art class. (4) Tutoring programs that are licensed by or approved and funded by the Pennsylvania Department of Education (PDE), for example: (i) Tutoring centers and educational testing and remedial centers licensed by PDE under 22 Pa. Code Chapters 61 and 63 (relating to tutoring centers and educational testing; and remedial centers). (ii) Educational assistance programs operated by school districts directly or by contract with an outside provider approved by PDE. (iii) Classroom Plus Programs. (iv) Supplemental Education Services Programs. (5) A drop-in program where the child may come and go at will. 55 Pa. Code § 3270.3a.

Family Child Day Care Homes This chapter [Family Child Dy Care Homes] applies to facilities in which out-of-home care is provided, at any one time, for part of a 24-hour day to four, five or six children who are not related to the operator and who are 15 years of age or younger. This chapter applies to private or public, profit or nonprofit facilities. 55 Pa. Code §3290.3(a).

Family child day care home—A home other than the child’s own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children unrelated to the operator. 55 Pa. Code § 3290.4.

This chapter [Family Child Day Care Homes] does not apply to the following: (1) Care provided by relatives. (2) Care furnished in places of worship during religious services. 55 Pa. Code § 3290.3(b).

Group Child Day Care Homes This chapter [Group Child Day Care Homes] applies to facilities in which out-of-home care is provided, at one time, for part of a 24-hour day to more than six but fewer than 16 older school-age level children or more than six but less than 13 children of any other age level, including: (1) Care provided to a child at the parent’s work site when the parent is not present in the child care space. (2) Care provided in private or public, profit or nonprofit facilities. (3) Care provided before or after the hours of instruction in nonpublic schools and in private nursery schools and kindergartens. 55 Pa. 3280.3(a).

Group child day care home—The premises in which care is provided at one time for more than six but fewer than 16 older school-age level children or more than six but fewer than 13 children of another age level who are unrelated to the operator. The term includes a facility located in a residence or another premises. 55 Pa. Code § 3280.4.

This chapter [Group Child Day Care Homes] does not apply to: (1) Care provided by relatives. (2) Care furnished in places of worship during religious services. (3) Care provided in a facility where the parent is present at all times child care is being provided. (4) Care provided during the hours of instruction in nonpublic schools and in private nursery schools and kindergartens. 55 Pa. 3280.3(b).

This chapter is not applicable to a part-day school-age program for children who attend kindergarten or older but under 16 years of age as follows: (1) A part-day school-age program that operates for less than 90 consecutive days per calendar year from the date the program opens to the date the program closes. This clarification does not apply to a legal entity that has a certificate of compliance to operate a child care center or group child care home and that increases its enrollment to include school-age children in the summer and on school holidays. (2) A part-day school-age program that operates 2 hours or less per day for 3 or fewer days per week. (3) A part-day school-age program that has a single purpose for the children’s attendance and that purpose is the only focus of the program. For example, basketball or art class. (4) Tutoring programs that are licensed by or approved and funded by the Pennsylvania Department of Education (PDE), for example: (i) Tutoring centers and educational testing and remedial centers licensed by PDE under 22 Pa. Code Chapters 61 and 63 (relating to tutoring centers; and educational testing and remedial centers). (ii) Educational assistance programs operated by school districts directly or by contract with an outside provider approved by PDE. (iii) Classroom Plus Programs. (iv) Supplemental Education Services Programs. (5) A drop-in program where the child may come and go at will. grams). 55 Pa. Code § 3280.3a.

Rhode IslandChild Care Center and School Age Child Care Program “Child day care center” means any person, firm, corporation, association or agency who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the purpose of

care and/or supervision, not in a home or residence, apart from his parent or guardian for any part of a twenty-four (24) hour day irrespective of compensation or reward. It shall include child care programs that are offered to employees at the worksite. It does not include nursery schools or other programs of educational services subject to approval by the commissioner of education. R.I. Admin. Code 14-9-90:72.1-2(7).

The licensing requirement does not apply to shelter operations for parents with children, boarding schools, recreation camps, nursing homes, hospitals, maternity residences and centers for developmentally disabled children. R.I. Admin. Code 14-3-90:72.1-4.

Family Child Care Home FAMILY CHILD CARE HOME means any home other than the child's home in which child care, in lieu of parental care and/or supervision, is offered at the same time to four (4) or more children who are not relatives of the care giver. R.I. Admin. Code 14-3-159:1-II.

Any person, not required by law to be licensed because that person will provide care for fewer than four (4) unrelated children for any part of a twenty-four (24) hour day, may voluntarily apply to the Department for licensure. R.I. Admin. Code 14-3-159:2-II(D).

Group Family Child Care Home GROUP FAMILY CHILD CARE HOME means a residence occupied by an individual of at least twenty-one (21) years of age, who provides care for not less than nine (9) and not more than twelve (12) children with the assistance of one or more approved adults, for any part of a twenty-four (24) hour day. The maximum of twelve (12) children shall include children under six (6) years of age who are living in the home, unrelated children under six (6) years of age received for care, school age children under the age of twelve (12) years, whether they are living in the home or are received for care, and children related to the provider who are received for care. R.I. Admin. Code 14-3-160:1-II.

None.

South CarolinaGeneral Definitions/ Exemptions “Childcare” means the care, supervision, or guidance of a child or children, unaccompanied by the parent, guardian, or custodian, on a regular basis, for periods of less than twenty-four hours per

day, but more than four hours, in a place other than the child's or the children's own home or homes. S.C. Code § 63-13-20(2).

“Childcare facilities” means a facility which provides care, supervision, or guidance for a minor child who is not related by blood, marriage, or adoption to the owner or operator of the facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to, day nurseries, nursery schools, childcare centers, group childcare homes, and family childcare homes. S.C. Code § 63-13-20(4).

"Childcare facilities" ... does not include:(a) an educational facility, whether private or public, which operates solely for educational purposes in grade one or above;(b) five-year-old kindergarten programs;(c) kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age;(d) facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis as defined in this chapter while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation on these requirements on file at the facility available for public inspection;(e) school vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three weeks;(f) summer resident camps for children;(g) bible schools normally conducted during vacation periods;(h) facilities for persons with intellectual disability provided for in Chapter 21, Title 44;(i) facilities for the mentally ill as provided for in Chapter 17, Title 44;(j) childcare centers and group childcare homes owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for childcare services; however, these facilities must comply with the provisions of Article 9, and Sections 63-13-60 and 63-13-110 and that these facilities voluntarily may elect to become licensed according to the process as set forth in Article 3 and Sections 63-13-30, 63-13-40, 63-13-70, 63-13-80, 63-13-90, 63-13-100, 63-13-160, and 63-13-170. S.C. Code § 63-13-20(4).

Child Care Centers Child care center: A center that is licensed for thirteen (13) or more children for care. S.C. Code Regs. § 114-501(A)(8). These regulations do not apply to the following: (a) Educational facilities, whether private or public, which operate solely for educational purposes in grade one or above; (b) Five-year-old kindergarten programs; (c) Kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age;(d) Facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation of these requirements on file at the facility available for public inspection; (e) School vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session, unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three consecutive weeks; (f) Summer resident camps for children; (g) Bible schools normally conducted during vacation periods; (h) Facilities for the mentally retarded provided in Chapter 21, Title 44, Code of Laws of South Carolina; (i) Facilities for the mentally ill as provided for in Chapter 17, Title 44, Code of Laws of South Carolina; and (j) Child care centers owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for child care services; however, these facilities must comply with the provisions of Code of Laws of South Carolina; Sections 20-7-2900 through 20-7-2975 and that these facilities voluntarily may elect to become licensed according to the process as set forth in Code of Laws of South Carolina; Sections 20-7-2700 through 20-7-2780 and Sections 20-7-2980 through 20-7-3090. S.C. Code Regs. § 114-500(B)(3).

Family Child Care Homes Terms used in South Carolina Regulations, Chapter 114, Article 5, Part A, shall be all definitions cited in Section 20-7-2700 et seq., Code of Laws of South Carolina. S.C. Code Regs. 114-528(A).

“Family childcare home” means a facility within a residence occupied by the operator in which childcare is regularly provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and children received for childcare who are related to the resident caregiver. However, an occupied residence in which childcare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family or only for a combination of these children is not a family childcare home. S.C. Code § 63-13-20(13) (Formerly cited as S.C. Code § 20-7-2700).

None.

Group Child Care Homes Group Child Care Home: A residence occupied by the operator in which he/she regularly provide child care for at least seven but not more than twelve children, unattended by a parent or a legal guardian including those children living in the home and children received for child care who are related to the resident teacher/caregiver. However, an occupied residence in which child care is provided only for a child or children related to the resident teacher/caregiver or only for the child or children of one unrelated family or only for a combination of these children is not a group child care home. S.C. Code Regs. 114-511(9).

These regulations do not apply to the following: (a) Educational facilities, whether private or public, which operate solely for educational purposes in grade one or above; (b) Five-year-old kindergarten programs; (c) Kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age; (d) Facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation of these requirements on file at the facility available for public inspection; (e) School vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session, unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three consecutive weeks; (f) Summer resident camps for children; (g) Bible schools normally conducted during vacation periods; (h) Facilities for the mentally retarded provided in Chapter 21, Title 44; (i) Facilities for the mentally ill as provided for in Chapter 17, Title 44; and (j) Child care centers owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for child care services; however, these facilities must comply with the provisions of Sections 20-7-2900 through 20-7-2975 and that these facilities voluntarily may elect to become licensed according to the process as set forth in Sections 20-7-2700 through 20-7-2780 and Sections 20-7-2980 through 20-7-3090. S.C. Code Regs. 114-510(B)(3).

Child Care Centers Operated by Religious Entities These regulations apply to child care centers operated by churches or religious entities as defined in section 114-521A(8). S.C. Code Regs. 114-520(B)(1).

Child care center: A center that is registered for thirteen (13) or more children for care. S.C. Code Regs. 114-521(8).

These regulations do not apply to the following: (a) Educational facilities, whether private or public, which operate solely for educational purposes in grade one or above; (b) Five-year-old kindergarten programs; (c) Kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age; (d) Facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation of these requirements on file at the facility available for public inspection; (e) School vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session, unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three consecutive weeks; (f) Summer resident camps for children;(g) Bible schools conducted during school vacation periods; (h) Facilities for the mentally retarded provided in Chapter 21, Title 44; and (i) Facilities for the mentally ill as provided for in Chapter 17, Title 44. S.C. Code Regs. 114-520(B)(2).

South DakotaFamily Day Care Homes "Family day care," the provision of regular care and supervision of no more than 12 children, including the provider's own children who are under the age of six years, for part of a 24-hour period

as a supplement to regular parental care. S.D. Admin. R. 67:42:03:01(1); 67:42:16:01(6).None.

Day Care Centers and Group Family Day Care Homes "Day care program" or "program," refers to both day care centers and group family day care homes. S.D. Admin. R. 67:42:10:00(2); 67:42:16:01(4).

"Day care center," a facility for the care and supervision of 21 or more children on a regular basis for part of a day as a supplement to regular parental care. S.D. Admin. R. 67:42:10:00(1); 67:42:16:01(3).

"Group family day care home," a facility where regular supervision of 13 to 20 children is provided for part of a 24-hour period as a supplement to regular parental care. S.D. Admin. R. 67:42:10:00(3); 67:42:16:01(8).

None.

Before and After School Care "Before and after school care," care and supervision that serves as a substitute for parental care before and after school hours of children who are five years of age or older and enrolled in school. S.D. Admin. Code 67:42:14:01(2).

None.

TennesseeChild Care Centers Child Care Center. “Child care center” means any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least thirteen (13) children

who are not related to the primary caregiver; provided, that a child care agency shall not be classified as a “child care center” that operates as a “group child care home” and keeps three (3) additional school-age children as permitted in subdivision (27); provided, further, that all children, related or unrelated shall be counted in the adult-to-child supervision ratios and group sizes applicable to child care centers; with the exception, that if the child care center is operated in the occupied residence of the primary caregiver, children nine (9) years of age or older who are related to the primary caregiver will not be counted in determining the adult-to-child supervision ratios or group sizes applicable to child care centers if such children are provided a separate space from that occupied by the child care center. The Department may permit children in the separate space to interact with the children in the licensed child care center in such manner as it may determine is appropriate. Tenn. Comp. R. & Regs. 1240-04-03-.02(11).

Child Care Agency. “Child care agency” or “agency” means, and only where the context requires in any other provision of law:(a) A place or facility, regardless of whether it is currently licensed, that is operated as a “family child care home”, a “group child care home”, a “child care center”, or a “drop-in center”, as those terms are defined in this part; or(b) A place or facility that provides child care for three (3) or more hours per day for five (5) or more children who are not related to the primary caregiver. Tenn. Comp. R. & Regs. 1240-04-03-.02(12).

Exemption from Licensure. (a) A child care agency claiming an exemption pursuant to T.C.A. § 71-3-503 shall submit to the Department's licensing director, or designee, a sworn, written request for exemption in such manner and form as the Department may require. The request shall provide a detailed description of the operation of the program or activity, the program's or activity's purpose and the applicant's basis for claiming an exemption.(b) The Department shall provide a written response to the exemption request stating the reasons the exemption was granted or denied. (c) Recognition of exemption from licensure by the Department does not exempt the child care agency from compliance with any other local, state, or federal requirements applicable to its operation. Tenn. Comp. R. & Regs. 1240-04-03-.03(2).

Drop-In Child Care Centers Drop-In Child Care Center.(a) A place or facility operated by any person or entity providing child care for fifteen (15) or more children at the same time, none of whom are related to the primary caregiver, for short periods of time as follows:1. Workweek Care.(i) Provided during regular working hours, Monday through Friday, 6:00 a.m. to 6:00 p.m.(ii) No individual child may be in child care for more than seven (7) hours per day or fourteen (14) hours per week, exclusive of snow days.2. Evening and Weekend Care.(i) Provided weekday evenings after 6:00 p.m. and weekends beginning on Friday at 6:00 p.m. and ending on Sunday at 10:00 p.m.(ii) An individual child may receive care in excess of seven (7) hours per day, but may not receive care in excess of a total of twenty (20) hours per week, exclusive of snow days.3. Exception for Snow Days. Drop-in care for school age children may exceed the maximum hours listed in parts 1 and 2, above, during snow days. Tenn. Comp. R. & Regs. 1240-04-02-.02(15).

"Child care agency" or "agency"(a) Means a place or facility, regardless of whether it is currently licensed, that is operated as a "family child care home", a "group child care home", a "child care center", or a "drop-in center", as those terms are defined in T.C.A.§ 71-3-501.(b) The reference to “child care agency” or “agency” in this Chapter shall be deemed to reference a “drop-in center” as defined in T.C.A. 71-3-501(8), unless specifically stated otherwise, or unless the context requires otherwise.(c) A “drop-in center” differs from “casual care” in that fifteen (15) or more children are cared for at the same time in a “drop-in center” as defined in 1240-04-02-.02(15), while “casual care” refers to the care of fewer than fifteen (15) children who are cared for at the same time as defined in paragraph 1240-04-02-.02(6).(d) A “drop-in center” differs from a “family child care home,” a “group child care home,” and a “child care center,” in that a “drop-in center” is designed to provide short-term child care, not to exceed the limitations specified in paragraph (15) below. Child care provided in the other three (3) specified categories of child care agencies is not subject to the limitations of paragraph (15).(e) Reference to a “child care agency” or “agency” in these rules also applies to places or entities of an agency seeking or having received an approval under paragraph (3). Tenn. Comp. R. & Regs. 1240-04-02-.02(9).

Notwithstanding any other provision of this chapter to the contrary, drop-in centers operated by not-for-profit organizations that provide child care without compensation for no more than two (2) hours per day with a maximum of ten (10) hours per week, while the parent or other custodian is engaged in short-term activities on the premises of the organization, shall register as providing “casual care” and shall not be deemed to be, or regulated as, a drop-in center. Tenn. Comp. R. & Regs. 1240-04-02-.02(15)(b).

Family Child Care Homes Family Day Care Home. A home (an occupied residence) operated by a person for the purpose of receiving therein a minimum of five and a maximum of seven children under 17 years of age, who are not related (see definition below) to such person and whose parent(s) or guardian(s) are not residents in the same house, for less than 24-hours per day for care, without transfer of legal custody. Tenn. Comp. R. & Regs. 1240-04-04-.01(5)(l).

None.

Group Child Care Homes Group Day Care Home. Any facility operated by a person, social agency, corporation or institution, or any other group which receives a minimum of eight and a maximum of 12 children (and up to three additional school-age children who will only be present before and after school, on school holidays, on school snow days, and during school summer vacation) for less than 24 hours per day for care outside their own homes, without transfer of legal custody. Before a group day care home opens, fire safety and environmental inspectors must approve the facility. Tenn. Comp. R. & Regs. 1240-04-01-.01(5)(m).

None.

Registered Family Day Care Homes Registered Family Day Care Home is the private residence of a provider of child care for no more than four (4) non-related children and which has been certified by a sponsoring organization to meet certain rules of the department of human services. A related child means the children, step-children, grandchildren, siblings, stepchildren, nieces, nephews of the provider of child care, or a child who is in the child care provider's legal or physical custody as a result of a court order and who resides in the provider's home. Tenn. Comp. R. & Regs. 1240-4-12-.02(1).

None.

TexasChild Care Centers Child-care center - A child-care facility that is licensed to care for seven or more children for less than 24 hours per day, at a location other than the permit holder’s home, except as otherwise

provided in §746.107 of this title. 40 Tex. Admin. Code § 746.105(15). The minimum standards in this chapter apply to the following types of child-care facilities: (1) All child-care centers licensed on or after September 1, 2003, to care for seven or more children for less than 24 hours per day at a location other than the permit holder’s home; and (2) All child-care facilities licensed before September 1, 2003, as a day-care center, kindergarten and nursery school, school: grades kindergarten and above, or drop-in care center, regardless of whether the facility operates in the permit holder’s home. 40 Tex. Admin. Code § 746.107 (a).

You, the permit holder, must ensure compliance with all minimum standards in this chapter at all times, with the exception of those minimum standards identified for specific types of child-care programs or activities that your child-care center does not offer. For example, if we license you to offer only toddler and pre-kindergarten care programs, you do not have to comply with minimum standards that apply only to infant care, school-age care, get-well care, or nighttime-care programs; however, you must comply with all other minimum standards. 40 Tex. Admin. Code § 746.109.

Child Care Homes Child-care home - A registered or licensed child-care home, as specified in §747.109 of this title (relating to What is a registered child-care home?) or §747.111 of this title (relating to What is a licensed child-care home?). This term includes the program, building, grounds, furnishings, and equipment. 40 Tex. Admin. Code § 747.105(16).

In a registered child-care home, the registered primary caregiver provides care in the caregiver’s own residence for not more than six children from birth through 13 years, and may provide care after-school hours for not more than six additional elementary school children. The total number of children in care at any given time, including the children related to the caregiver, must not exceed 12. 40 Tex. Admin. Code § 747.109.

(a) In a licensed child-care home, the licensed primary caregiver provides care in the caregiver’s own residence for children from birth through 13 years, unless the operation was licensed as a group day care home prior to September 1, 2003.(b) A child-care home licensed as a group day care home prior to September 1, 2003, may provide care at a location other than the primary caregiver’s own residence, until the permit is no longer valid. A location, other than the primary caregiver’s own residence, is subject to the minimum standards in this chapter and, if applicable, the conditions specified in §745.373 of this title (relating to May I have more than one licensed child-care home?) 40 Tex. Admin. Code § 747.111.

The minimum standards in this chapter apply to all: (1) Child-care homes registered or licensed by us to care for 12 or fewer children in the caregiver’s own home for less than 24 hours per day; and (2) Family homes registered by us before September 1, 2003. 40 Tex. Admin. Code § 747.107(a).

If the child-care home is registered, the permit holder must ensure compliance with all minimum standards in this chapter, with the exception of any minimum standard requirements specified for licensed child-care homes. (b) If the child-care home is licensed, the permit holder must ensure compliance with all minimum standards in this chapter, with the exception of any minimum standard requirements specified only for registered child-care homes. (c) The permit holder is not required to comply with minimum standards identified for specific types of child-care programs or activities the child-care home does not offer, such as transportation or swimming activities. 40 Tex. Admin. Code § 747.113 (a).

School Age and Before or After School Programs Before of After-school program - An operation that provides care before and after or before or after the customary school day and during school holidays, for at least two hours a day, three days a week, to children who attend prekindergarten through grade six. 40 Tex. Admin. Code § 744.105(7).

School-age program - An operation that provides supervision and recreation, skills instruction, or skills training for at least two hours a day and three days a week to children who attend pre-kindergarten through grade six. A school-age program operates before or after the customary school day and may also operate during school holidays, the summer period, or any other time when school is not in session. 40 Tex. Admin. Code § 744.105(42).

The minimum standards in this chapter apply to the following types of operations: (1) All child-care facilities licensed on or after September 1, 2010, to provide before and after-school care program services exclusively; (2) All child-care facilities licensed on or after September 1, 2010, to provide schoolage program services exclusively; and (3) All child-care facilities licensed before September 1, 2010, as a licensed childcare center exclusively providing before-school and after-school program services or school-age program services on or after September 1, 2010, will be required to amend their permit to reflect that they are subject to the minimum standards in this chapter. This must be completed no later than September 1, 2011. 40 Tex. Admin. Code § 744.107.

You, the permit holder, must ensure compliance with all minimum standards in this chapter at all times, with the exception of those minimum standards identified for specific types of child-care programs or activities that your operation does not offer. For example, if we license you to provide care for school-age children exclusively, you would not be responsible for complying with rules regarding pre-kindergarten children; however, you must comply with all other minimum standards. 40 Tex. Admin. Code § 744.109.

UtahGeneral Definitions/ Exemptions None. Care not in lieu of parental care.

1. A license is not required for care that meets all of the following: a. the parent is physically present in the building where the care is provided, at all times while the care is being provided, and is near enough to reach his or her child to provide care within five minutes if needed;b. the duration of the care is less than four hours for any individual child in any one day;c. the program does not diaper children; and d. the program does not prepare or serve meals to children. Utah Admin. Code r. 430-8-4.Care under other government oversight.1. A license is not required for care provided at a facility that is owned or operated by the federal government.2. A license is not required for care provided by a program that is owned or operated by the federal government.3. A license is not required for care provided as part of a summer camp that operates on federal land pursuant to a federal permit.4. A license is not required for care provided by an organization that qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue Code, if:a. the care is provided pursuant to a written agreement with a local municipality or a county;b. the local municipality or county provides oversight of the program; andc. all of the children in care are over age four. 5. A license is not required for care provided at a residential support program that is licensed by the Department of Human Services. Utah Admin. Code r. 430-8-5.Mental Health Counseling. A license is not required for group counseling of children provided by a mental health therapist who is licensed to practice in this state, as defined in Utah Code 58-60-102. Utah Admin. Code r. 430-8-6.Relative Care. The Department does not issue licenses or certificates to persons who only care for related children. Utah Admin. Code r. 430-8-7.Care in the home of the provider.1. A license or certificate is not required for care provided in the home of the provider for less than four hours per day, or for fewer than five children in the home at one time.2. The Department does not issue licenses or certificates for care provided in the home of the provider on a sporadic basis only. Utah Admin. Code r. 430-8-8.Care provided by an educational institution.1. A license is not required for care provided by or at a public school or as part of a course of study at a public school.2. A license is not required for care provided at a public or private institution of higher education if the care is provided in connection with a course of study at the institution of higher education.3. A license is not required for:a. care provided as part of a course of study at a private education institution; orb. care provided as part of a program administered by a private education institution.4. A license is not required for care provided by a parochial education institution. Utah Admin. Code r. 430-8-9.Care for less than three days a week A license or certificate is not required if the provider offers care on no more than two days during any calendar week A calendar week means from Sunday through Saturday Utah Admin Code r 430 8 10(1)

Child Care Centers A person or persons must be licensed as a child care center under this rule if: (1) they provide care in the absence of the child's parent;(2) they provide care in a place other than the provider's home or the child's home; (3) they provide care for five or more children, for four or more hours per day; (4) they provide care for each individual child for less than 24 hours per day; (5) the program is open to children on an ongoing basis for four or more weeks in a year; and (6) they provide care for direct or indirect compensation. Utah Admin. Code r. 381-100-3.


Hourly Child Care Centers A person must either be licensed under this rule or certified under R430-50, if he or she: (a) provides care in lieu of care ordinarily provided by a parent; (b) provides care for five or more unrelated children; (c) provides care for four or more hours per day; (d) has a regularly scheduled, ongoing enrollment; and (e) provides care for direct or indirect compensation. Utah Admin. Code r. 430-90-3(1).

The Department does not license, nor is a license required for: (a) a person who cares for related children only; or (b) a person who provides care on a sporadic basis only. Utah Admin. Code r. 430-90-3(2).


Licensed Family Child Care A person must either be licensed under this rule or certified under R430-50, if he or she: (a) provides care in lieu of care ordinarily provided by a parent; (b) provides care for five or more unrelated children; (c) provides care for four or more hours per day; (d) has a regularly scheduled, ongoing enrollment; and(e) provides care for direct or indirect compensation. Utah Admin. Code r. 430-90-3(1).

The Department does not license, nor is a license required for: (a) a person who cares for related children only; or (b) a person who provides care on a sporadic basis only. Utah Admin. Code r. 430-90-3(2).


Out of School Time Child Care Programs A person or persons must be licensed to provide child care if: (a) they provide care in the absence of the child's parent; (b) they provide care for five or more children; (c) they provide care in a place other than the provider's home or the child's home; (d) the program is open to children on an ongoing basis, on three or more days a week and for 30 or more days in a calendar year; and (e) they provide care for direct or indirect compensation. (2) A person or persons may be licensed as an out of school time program under this rule if: (a) they either provide care for two or more hours per day on days when school is in session for the child in care, and four or more hours per day on days when school is not in session for the child in care; or they provide care for four or more hours per day on days when school is not in session; and (b) all of the children who attend the program are at least five years of age. Utah Admin. Code r. 381-70-3 (1).


Residential Certificate Child Care A person must either be certified under this rule or licensed under R430-90, if he or she: (a) provides care in lieu of care ordinarily provided by a parent; (b) provides care for five or more unrelated children; (c) provides care for four or more hours per day; (d) has a regularly scheduled, ongoing enrollment; and (e) provides care for direct or indirect compensation. Utah Admin. Code r. 430-50-3(1).

The Department does not issue certificates, nor is a certificate required for: (a) a person who cares for related children only; or(b)a person who provides care on a sporadic basis only. Utah Admin. Code r. 430-50-3(2).


VermontAfterschool Child Care Programs Definition of Regulated Service:

An Afterschool Child Care Program provides developmentally appropriate care, education, protection, and supervision that are designed to ensure wholesome growth and educational experiences for children outside of their own homes for periods of less than 24 hours per day. An Afterschool Child Care Program is any place operated as a business or service on a regular or continuous basis, whether or not for compensation. This child care service is provided by an entity or person other than the child’s own parent, guardian or relative. Vt. Admin. Code 12-3-100:ASP 1.4.

AFTERSCHOOL CHILD CARE PROGRAM – A program licensed by the Division whose services are designed to provide school age children (see definition of School Age Child) with developmentally appropriate experiences before school, after school, and during school vacations. Vt. Admin. Code 12-3-100:ASP 2.3.

Exemptions: The following facilities that operate for less than twenty-four hours per day shall be exempt from licensure under these rules: • Child care provided for children of not more than two families other than that of the person providing care; • A hospital or establishment holding a license issued by the Department of Health, or a person operating a program primarily for recreation or therapeutic purposes, unless the hospital, establishment, or person provides services for the care, protection, and supervision of children not incidental to its primary purpose; • Child care facilities operated by a religious organization for the care and supervision of children during or in connection with religious services or church sponsored activities; • An afterschool program that serves students in one or more grades from kindergarten through secondary school, that receives funding through the 21st Century Community Learning Centers Program, and that is overseen by the Agency of Education, unless the afterschool program asks to participate in the Child Care Financial Assistance Program; and • Recreation programs that provide services that operate: • Less than four hours per day and not more than thirteen weeks a year for children ages three, four and five years old; • For not more than thirteen consecutive weeks for children that have completed kindergarten or will reach six years of age by September 1st of the year enrolled; • For not more than four hours one day per week or not more than two hours two days per week; or • To provide a single skill based activity for children ages three years or older. Vt. Admin. Code 12-3-100:ASP 1.5.

Center Based Child Care and Preschool Programs A Center Based Child Care and Preschool Program provides developmentally appropriate care, education, protection, and supervision that are designed to ensure wholesome growth and educational experiences for children outside of their own homes for periods of less than twenty-four (24) hours per day. A Center Based Child Care and Preschool Program operates as a business or service on a regular or continuous basis, whether or not for compensation. Prekindergarten programs operated by public and private schools are considered Center Based Child Care and Preschool Programs. Programs providing child care services to non-recurring clientele are considered Center Based Child Care and Preschool Programs. Vt. Admin. Code 12-3-102:2.1.1.

“Center Based Child Care and Preschool Program” referred to as the “CBCCPP” in these regulations, means the program and facility approved to provide developmentally appropriate care, education, protection, and supervision designed to ensure wholesome growth and educational experiences for children outside of their home for periods of less than twenty-four (24) hours per day. A CBCCPP license is specific to a physical location where services are provided. Vt. Admin. Code 12-3-102:2.2.6.

The following facilities that operate for less than twenty-four (24) hours per day shall be exempt from licensure under these rules: • Child care provided for children of not more than two (2) families other than that of the person providing care; • A hospital or establishment holding a license issued by the Department of Health, or a person operating a program primarily for recreation or therapeutic purposes, unless the hospital, establishment, or person provides services for the care, protection, and supervision of children not incidental to its primary purpose; • Child care facilities operated by a religious organization for the care and supervision of children during or in connection with religious services or church sponsored activities; • An after-school program that serves students in one (1) or more grades from Kindergarten through secondary school, that receives funding through the 21st Century Community Learning Centers Program, and that is overseen by the Agency of Education, unless the after-school program asks to participate in the Child Care Financial Assistance Program; and • Recreation programs that provide services that: • Operate less than four (4) hours per day and not more than thirteen (13) weeks a year for children ages three (3), four (4) and five (5) years old; • Operate for not more than thirteen (13) consecutive weeks for children that have completed Kindergarten or will reach six (6) years of age by September 1st of the year enrolled; • Operate for not more than four (4) hours one (1) day per week or not more than two (2) hours two (2) days per week; or • Operate to provide a single skill based activity for children ages three (3) years or older. Vt. Admin. Code 12-3-102:2.1.2.

Non-Recurring Care Services and Public School Pre-kindergarten Programs have exceptions for certain specific rules in these regulations. The exceptions for NonRecurring Care Services are in the rules in section 8.1 of these regulations. The exceptions for Public School Pre-kindergarten Programs are in the rules in section 8.2 of these regulations. Vt. Admin. Code 12-3-102:2.1.3.

Licensed and Registered Family Child Care Homes A Family Child Care Home provides developmentally appropriate care, education, protection, and supervision that are designed to ensure wholesome growth and educational experiences for children outside of their own homes for periods of less than twenty-four (24) hours per day. A Family Child Care Home shall be operated in the residence occupied by the Family Child Care Provider (FCCP). There are two (2) types of Family Child Care Homes (FCCH): • Registered FCCH that are licensed to serve children as specified in the rules in section 6.2.1; or • Licensed FCCH that are licensed to serve children as specified in the rules in section 6.2.2. Vt. Admin. Code 12-3-103:2.1.1.

“Family Child Care Home,” referred to as the “FCCH” in these rules, means the residence of a person approved to provide developmentally appropriate care, education, protection, and supervision designed to ensure wholesome growth and educational experiences for children outside of their own homes for periods of less than twenty-four (24) hours per day. This is the physical location where care is provided. Vt. Admin. Code 12-3-103:2.2.19.

The Commissioner, or designee, upon request in an individual case and at his/her discretion may grant a variance to a rule. A variance may be granted when in unique and exceptional circumstances literal application of a rule will result in unnecessary hardship for the FCCP or for a child and family, and the intent of the rule can be achieved through other means. Vt. Admin. Code 12-3-103:2.7.1.

VirginiaChild Day Center "Child day center" means a child day program offered to (i) two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care or (ii) 13

or more children at any location. 22 Va. Admin. Code § 40-185-10.Exemptions (§ 63.2-1715 of the Code of Virginia): 1. A child day center that has obtained an exemption pursuant to § 63.2-1716 of the Code of Virginia; 2. A program where, by written policy given to and signed by a parent or guardian, children are free to enter and leave the premises without permission or supervision regardless of (i) such program's location or the number of days per week of its operation; (ii) the provision of transportation services, including drop-off and pick-up times; or (iii) the scheduling of breaks for snacks, homework, or other activities. A program that would qualify for this exemption except that it assumes responsibility for the supervision, protection and well-being of several children with disabilities who are mainstreamed shall not be subject to licensure; 3. A program of instructional experience in a single focus, such as, but not limited to, computer science, archaeology, sport clinics, or music, if children under the age of six do not attend at all and if no child is allowed to attend for more than 25 days in any three-month period commencing with enrollment. This exemption does not apply if children merely change their enrollment to a different focus area at a site offering a variety of activities and such children's attendance exceeds 25 days in a three-month period;4. Programs of instructional or recreational activities wherein no child under age six attends for more than six hours weekly with no class or activity period to exceed 1-1/2 hours, and no child six years of age or above attends for more than six hours weekly when school is in session or 12 hours weekly when school is not in session. Competition, performances and exhibitions related to the instructional or recreational activity shall be excluded when determining the hours of program operation; 5. A program that operates no more than a total of 20 program days in the course of a calendar year provided that programs serving children under age six operate no more than two consecutive weeks without a break of at least a week; 6. Instructional programs offered by public and private schools that satisfy compulsory attendance laws or the Individuals with Disabilities Education Act, as amended (20 USC § 1400 et seq.), and programs of school-sponsored extracurricular activities that are focused on single interests such as, but not limited to, music, sports, drama, civic service, or foreign language; 7. Education and care programs provided by public schools that are not exempt pursuant to subdivision 6 of this definition shall be regulated by the State Board of Education using regulations that incorporate, but may exceed, the regulations for child day centers licensed by the commissioner; 8. Early intervention programs for children eligible under Part C of the Individuals with Disabilities Education Act, as amended (20 USC § 1400 et seq.), wherein no child attends for more than a total of six hours per week; 9. Practice or competition in organized competitive sports leagues; 10. Programs of religious instruction, such as Sunday schools, vacation Bible schools, and Bar Mitzvah or Bat Mitzvah classes, and child-minding services provided to allow parents or guardians who are on site to attend religious worship or instructional services; 11. Child-minding services which are not available for more than three hours per day for any individual child offered on site in commercial or recreational establishments if the parent or guardian (i) is not an on-duty employee, except for part-time employees working less than two hours per day; (ii) can be contacted and can resume responsibility for the child's supervision within 30 minutes; and (iii) is receiving or providing services or participating in activities offered by the establishment; 12. A certified preschool or nursery school program operated by a private school that is accredited by a statewide accrediting organization recognized by the State Board of Education or accredited by the National Association for the Education of Young Children's National Academy of Early Childhood Programs; the Association of Christian Schools International; the American Association of Christian Schools; the National Early Childhood Program Accreditation; the National Accreditation Council for Early Childhood Professional Personnel and Programs; the International Academy for Private Education; the American Montessori Society; the International Accreditation and Certification of Childhood Educators, Programs, and Trainers; or the National Accreditation Commission that complies with the provisions of § 63.2-1717 of the Code of Virginia; 13. A program of recreational activities offered by local governments, staffed by local government employees, and attended by school-age children. Such programs shall be subject to safety and supervisory standards established by local governments; or 14. By policy, a child day center that is required to be programmatically licensed by another state agency for that service. 22 Va. Admin. Code § 40-185-10.

Childrens Residential Facilities "Children’s residential facility" or "facility" means any facility, child-caring institution, or group home that is maintained for the purpose of receiving children separated from their parents or guardians for full-time care, maintenance, protection and guidance, or for the purpose of providing independent living services to persons between 18 and 21 years of age who are in the process of transitioning out of foster care. 22 Va. Admin. Code § 42-11-10.

Children’s residential facility shall not include:1. A licensed or accredited educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less that two months of summer vacation;2. An establishment required to be licensed as a summer camp by §35.1-18 of the Code of Virginia;3. A licensed or accredited hospital legally maintained as such; and4. Any facility licensed by the Department of Social Services as a child caring institution as of January 1, 1987, and that receives no public funds. 22 Va. Admin. Code § 42-11-10.

Licensed Family Day Homes "Family day home" means a child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. 22 Va. Admin. Code § 40-111-10.

None.

Washington General Definitions/ Exemptions "Child care" means the developmentally appropriate care, protection, and supervision of children that is designed to promote positive growth and educational experiences for children outside the

child's home for periods of less than twenty-four hours a day. Wash. Admin. Code § 170-296A-0010; 170-297-0010.

“Agency” means any person, firm, partnership, association, corporation, or facility that provides child care and early learning services outside a child's own home and includes the following irrespective of whether there is compensation to the agency:(a) “Child day care center” means an agency that regularly provides early childhood education and early learning services for a group of children for periods of less than twenty-four hours;(b) “Early learning” includes but is not limited to programs and services for child care; state, federal, private, and nonprofit preschool; child care subsidies; child care resource and referral; parental education and support; and training and professional development for early learning professionals;(c) “Family day care provider” means a child care provider who regularly provides early childhood education and early learning services for not more than twelve children in the provider's home in the family living quarters;(d) “Nongovernmental private-public partnership” means an entity registered as a nonprofit corporation in Washington state with a primary focus on early learning, school readiness, and parental support, and an ability to raise a minimum of five million dollars in contributions;(e) “Service provider” means the entity that operates a community facility. Wash. Rev. Code 7 43.215.010(1).

“Agency” does not include the following:(a) Persons related to the child in the following ways:(i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;(ii) Stepfather, stepmother, stepbrother, and stepsister;(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; or(iv) Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection, even after the marriage is terminated;(b) Persons who are legal guardians of the child;(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care;(d) Parents on a mutually cooperative basis exchange care of one another's children;(e) Nursery schools that are engaged primarily in early childhood education with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;(f) Schools, including boarding schools, that are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, and accept only school age children;(g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;(h) Facilities providing child care for periods of less than twenty-four hours when a parent or legal guardian of the child remains on the premises of the facility for the purpose of participating in:(i) Activities other than employment; or(ii) Employment of up to two hours per day when the facility is operated by a nonprofit entity that also operates a licensed child care program at the same facility in another location or at another facility;(i) Any entity that provides recreational or educational programming for school age children only and the entity meets all of the following requirements:(i) The entity utilizes a drop-in model for programming, where children are able to attend during any or all program hours without a formal reservation;(ii) The entity does not assume responsibility in lieu of the parent, unless for coordinated transportation;(iii) The entity is a local affiliate of a national nonprofit; and(iv) The entity is in compliance with all safety and quality standards set by the associated national agency;(j) A program operated by any unit of local, state, or federal government;(k) A program located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;(l) A program located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter;(m) A program that offers early learning and support services, such as parent education, and does not provide child care services on a regular basis. Wash. Rev. Code § 43.215.010(2).

Licensed Family Home Child Care "Family home child care" means a facility licensed by the department where child care is provided for twelve or fewer children in the family living quarters where the licensee resides as provided in RCW 43.215.010 (1)(c). Wash. Admin. Code § 170-296A-0010.

An individual who provides care for children in his or her home must be licensed by the department unless exempt under RCW 43.215.010(2). Wash. Admin. Code § 170-296A-1000(1).

See general exemptions above.Licensed School Age Child Care "School-age child" means a child not less than five years through twelve years of age who has begun attending kindergarten or elementary school. Wash. Admin. Code § 170-295-0010. A school-age program that provides child care for children must be licensed by the department unless exempt under RCW 43.215.010(2). Wash. Admin. Code § 170-297-1000(1).

See general exemptions above.Child Care Centers "Child care center" means the same as a "child day care center" or a facility providing regularly scheduled care for a group of children one month of age through twelve years of age for periods

less than twenty-four hours. Wash. Admin. Code § 170-295-0010.Individuals, entities and agencies that provide care for children must be licensed unless specifically exempt under RCW 43.215.010(2). Wash. Admin. Code § 170-295-0020(1).

See general exemptions above.West VirginiaChild Care Centers Child Care Center. -- A facility maintained by the state or any county or municipality thereof, or any agency or facility operated by an individual, firm, corporation, association or organization,

public or private, for the care of 13 or more children for child care services in any setting, if the facility is open for more than 30 days per year per child, except those facilities, centers, programs, and individuals set forth in W. Va. Code Chapter 49, Article 2, (Part I). W. Va. Code R. §§ 78-1-3.9.

School-age Program. -- Services provided by a child care center for the care and supervision for school-age children. Such programs include summer recreation camps, day camps and out-of-school-time programs. W. Va. Code R. § 78-1-3.54

Child Care Center - A facility ... Except:3.9a. A kindergarten through grade twelve education program, that is operated by a public school or that is exempt from the compulsory school attendance law by the state department of education;setting; b. A West Virginia Pre-K classroom operated by a county Board of Education in a public schoolc. Any other kindergarten, preschool or school program that operates with sessions not exceeding four (4) hours per day for any child;d. An individual or facility that offers occasional care of children for brief periods while parents are shopping, engaging in recreational activities, attending religious services or engaging in other business or personal affairs;e. Hospitals or other medical facilities that are primarily used for temporary care of children for treatment, convalescence, or testing; andf. Persons providing care solely for children related to them. W. Va. Code R. § 78-1-3.9.

Family Child Care Facilities None. Waivers and Variances.a. A family child care facility may request a waiver or variance of any requirement in this rule if: a.1. The health, safety or well-being of children in the home is not adversely affected; and a.2. The rule does not prohibit a waiver or variance for the requirement. b. The request for waiver or variance shall be in writing, addressed to the Secretary, and shall include the following information: b.1. The specific requirement to be waived or varied; b.2. The reasons for seeking a waiver and why a specific requirement should not be applied in a particular circumstance; and b.3. The reasons for seeking a variance and how compliance with a specific requirement of this rule can be accomplished in a manner different from that set forth in West Virginia Code §49-2B-1 et seq. or in this rule. W. Va. Code R. § 78-18-4.6.

Family Child Care Home No specific definition.

Family Child Care Home Capacity.a. A family child care home shall have no more than six (6) children in care under thirteen (13) years of age at any one time. No more than two (2) of the children may be under twenty-four (24) months of age. W. Va. Code R. § 78-19-6.6.

None.

Informal and Relative Family Child Care Home No specific definition.

Informal Family Child Care Home Capacity.a. An informal family child care home shall have no more than three (3) children under thirteen (13) years of age in care at any one time.b. The number of children in the informal family child care home includes children under six (6) years old who live in the home. W. Va. Code R. § 78-20-6.5.

None.

Out of School Time Child Care Center Out-of-school-time Program. -- A program that offers activities to school children before and/or after school, on school holidays, when school is closed because of an emergency, and on school calendar days set aside for teacher activities. Breaks between school sessions that exceed 15 days are not considered a school holiday. W. Va. Code R. § 78-21-3.18.

School-age Program. -- Services provided by a child care center for the care and supervision for school-age children. Such programs include summer recreation camps, day camps and out-of-school-time programs. W. Va. Code R. § 78-21-3.31.

This rule does not apply to child care centers operating programs for children younger than school age who are not a Pre-k student; such programs are licensed under 78CSR1, Child Care Centers Licensing. W. Va. Code R. § 78-21-2.2.

A program shall comply with the provisions of W. Va. Code Chapter 49, Article 2 (Part I), the requirements of this rule, terms of its license or certificate of approval and any plan of correction, unless a written waiver or variance has been granted by the Secretary. A program may not obtain a waiver of the requirements of this rule on the basis of the inability to achieve compliance with the rule. W. Va. Code R. § 78-21-4.3.a.

WisconsinChild Care Certification (including Child Care Centers and School Age Programs) “Certified child care home” or “home” means the residence in which the certified child care operator provides care of children and which meets the standards under s. DCF 202.08 for

reimbursement of care by certification agencies. DCF 202.02(2).

“Certified school−age child care program” means a program providing care and supervision in other than an operator’s home for fewer than 24 hours a day for 7 or more school–age children and which is exempt from being licensed as a child care center under s. 48.65 (1), Stats. DCF 202.02(3f).

EXCEPTIONS TO PARTICULAR CERTIFICATION REQUIREMENTS. A county or tribal agency may grant an exception to any standard in s. DCF 202.08 or 202.09 if the county or tribal agency determines that an alternative means meets the intent of the requirement, except for rules related to criminal background investigation required under s. 48.685, Stats. DCF 202.04(8).

Day Camps for Children “Day camp” or “camp” means a program regulated under this chapter that provides care and supervision to 4 or more children 3 years of age and older in a seasonal program oriented to the out−of−doors for periods less than 24 hours a day. DCF 252.04(9).

Included and excluded care arrangements. This chapter applies to all day camps but it does not include family child care centers regulated under ch. DCF 250, group child care centers regulated under ch. DCF 251 or to any of the following:(1) Group lessons to develop a talent or skill, such as dance or music lessons, social group meetings and activities, and group athletic activities. (1m) Care and supervision of children in a program, including religious education classes, which operates no more than 4 hours a week. (2) Care and supervision while the parents are on the premises and are engaged in shopping, recreation or other non−work activities. (3) Seasonal programs of 10 days or less duration in any 3−month period, including day camps, vacation bible school and holiday child care programs. (4) Care and supervision in emergency situations. (5) Care and supervision while the parent is employed on the premises if the parent’s child receives care and supervision for no more than 3 hours a day.(6) Care and supervision at the site while the parent who is a recipient of temporary assistance to needy families or Wisconsin Works is involved in orientation, enrollment or initial assessment prior to the development of an employability plan. DCF 252.03.

Family Child Care Centers “Family child care center” means a child care center licensed under s. 48.65, Stats., and ch. DCF 250. DCF 202.02(6).

“Family child care center” or “center” means a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 8 children who are not related to the provider. DCF 250.03(9).

INCLUDED AND EXCLUDED CARE ARRANGEMENTS. This chapter applies to all family child care centers, but does not include any of the following:(a) Care and supervision of children in a program that operatesno more than 4 hours a week. (b) Group lessons to develop a talent or skill, such as dance ormusic, social group meetings and activities and group athletic activities. (c) Care and supervision while the parents are on the premisesand are engaged in shopping, recreation or other non−work activities. (d) Seasonal programs of 10 days or less duration in any3−month period, including day camps, vacation bible school and holiday child care programs. (e) Care and supervision in emergency situations. (f) Care and supervision while the parent is employed on the premises if the parent’s child receives care and supervision for no more than 3 hours a day. (g) Care and supervision provided at the site to the child of arecipient of temporary assistance to needy families, or Wisconsin works, who is involved in orientation, enrollment or initial assessment prior to the development of an employability plan or the child care is provided where parents are provided training or counseling. DCF 250.02(1).

EXCEPTION TO THE REQUIREMENT. The department may grant an exception to a requirement of this chapter when a family child care center demonstrates to the satisfaction of the department that granting the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be in writing, shall be sent to the department and shall include justification for the requested action and a description of any alternative provision planned to meet the intent of the requirement. DCF 250.02(2).

Group Child Care Centers “Group child care center” means a child care center licensed under s. 48.65, Stats., and ch. DCF 251. DCF 202.02(8).

“Group child care center” or “center” means a facility where a person for less than 24 hours a day provides care and supervision for 9 or more children who are not related to the provider. DCF 251.03(13).

INCLUDED AND EXCLUDED CARE ARRANGEMENTS. This chapter applies to all group child care centers, whether the facility in which the child care and supervision are provided is known as a day care center, nursery school or preschool, head start or school−age child care program, or by any other designation, but it does not apply to the following: (a) Care and supervision of children in a program, including religious education classes, which operates no more than 4 hours a week. (b) Group lessons to develop a talent or skill, such as dance ormusic lessons, social group meetings and activities and group athletic activities. (c) Care and supervision while the child’s parent is on the premises and is engaged in shopping, recreation or other non− work activities. (d) Care and supervision provided at the site to the child of arecipient of temporary assistance to needy families or Wisconsin works who is involved in orientation, enrollment or initial assessment prior to the development of an employability plan or the child care is provided where parents are provided training or counseling. (e) Seasonal programs of 10 days or less duration in any 3−month period, including day camps, vacation bible schools and holiday child care programs. (f) Care and supervision in emergency situations. (g) Care and supervision while the child’s parent is employedon the premises if the child receives care and supervision for no more than 3 hours a day. DCF 251.02(1).

EXCEPTION TO A REQUIREMENT. The department may grant an exception to a requirement of this chapter when it is demonstrated to the satisfaction of the department that granting the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be in writing, shall be sent to the department and shall include justification for the requested action and a description of any alternative provision planned to meet the intent of the requirement. DCF 251.02(2).

WyomingGeneral Definitions/ Exemptions “Child care” is a service for families provided on behalf of children and their parents, and designed to supplement daily parental care. 1 Wyo. Code R. § 5(h). None.

Child Care Centers None. None.Family Child Care Centers No specific definition of "Family Child Care Center."

The licenser shall determine total capacity for the facility and the maximum capacity of 15 children shall never be exceeded. 6 Wyo. Code R. § 2(a).

None.

Family Child Care Homes No specific definition of "Family Child Care Home."

The licensed capacity shall never exceed the maximum capacity of ten (10) children. 5 Wyo. Code R. § 2(a).

None.

District of ColumbiaChildcare Facilities The phrase “Child Development Facility” (“Facility”), as defined in this chapter, includes any person or persons, or entity or organization, whether organized formally or informally, unless

specifically exempted: (a) That provides care, education, and other services, supervision, and guidance for more than two (2) infants, toddlers, and children that are not related, on a regular basis; (b) Includes the administration, program, and premises of a Child Development Facility, other parts of the building housing the Facility, and adjoining grounds over which the administrator has direct control; and (c) Includes: (1) A Child Development Center (“Center”); (2) A Child Development Home; (3) An Expanded Child Development Home (“Expanded Home”); and (4) An Out-of-School-Time (OST) Program. D.C. Mun. Regs. tit. 5-A, § 101.3.

The following child development services shall be exempt from obtaining a license to operate a Facility: (a) Occasional babysitting in a babysitter’s home or a child’s home for the children of one (1) family; (b) Care provided in a child’s home by a caregiver paid for by a child’s family; (c) Care provided for more than one (1) child in a Nanny-Share, as defined in this chapter; (d) Informal or occasional parent-supervised play groups; (e) Adult gyms or clubs that provide temporary babysitting as a benefit in order for members to utilize services; (f) Adult education programs that provide child care services while parent(s) are on the same campus as the child attending a class or education program for a temporary period of time; (g) Child-centered businesses that solely provide sessions, classes or activities including, but not limited to, tutoring, music, dance, sport, or art, while parent(s) or guardian(s) remain on the business’ premises; (h) Care provided in places of worship during religious services; (i) Care provided by a related person, as defined in this chapter; (j) Facilities operated by the Federal Government on Federal Government property, except that a private entity utilizing space in or on Federal government property is not exempt unless Federal law specifically exempts the Facility from the District of Columbia’s regulatory authority; (k) A District of Columbia public school or public charter school providing education services to children in grades pre-K-3 through twelfth (12th) grade during a full school day; (l) A private school providing education services to children in grades pre-K- through twelfth (12th) grade during the a full school day; and (m) A community based organization providing only pre-K education services to pre-K age children pursuant to the Pre-k Act and funded by OSSE; (n) Facilities that provide only before school care, only after school care, or only summer camp to school age children; and (o) Facilities otherwise exempted by law. D.C. Mun. Regs. tit. 5-A, § 101.5.

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