Licensing Standards
for DayCare Centers
Section .11
LICENSING EXEMPTIONS
A. A license must be obtained before care begins unless such care is exempt
as set forth below.
B. A license is not required for:
- A special school or class in which more than 50 percent of the time
that children are present is spent in religious instruction. Religious instruction
is defined to include such activities as worship, singing religious songs,
listening to religious stories, learning and practicing religious cultural
activities, and participating in religious celebrations.
- A child care center operated in connection with a church, shopping
center, or business where children are cared for during short periods of time
while parents or persons in charge of such children are attending church services,
shopping, or patronizing 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 can be cared for in the center. Children of the employees
of the church, shopping center, or business cannot be enrolled.
- Occasional care of children with or without compensation, which
means the offering of child care infrequently and irregularly.
- 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.
- 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.
- The medical care of children in nursing homes.
C. Any child care providers wishing to be declared exempt from the Child Care
Act based on the nature of their program must submit a request for exemption to
the Department. That request must include the name and address of the facility,
the number of children in care and their approximate ages, the hours of operation,
and a basic description of the program and its curriculum.
D. Decisions of the Department regarding exemption are the final agency decision
of the Department and cannot be reviewed by an Administrative Law Judge.
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