Licensing Standards for DayCare Centers

Section 290-2-2-.05
Licenses, Commissions, and Exemptions

 

No person, partnership, association, corporation or entity shall operate a  

day care center in the State without having first obtained a license or  

commission to operate the center by demonstrating compliance with the  

necessary requirements set forth in these rules.  

 

(a) Licenses and Commissions. The department may issue a temporary  

license or temporary commission, a restricted license or restricted  

commission, or a license or commission in accordance with these rules. 

 

1. Temporary License or Commission. The department may in its  

discretion issue a temporary license or temporary commission if the  

health and safety of the children to be served by the center will not be 



endangered. A temporary license or commission will be valid for a  

specified period not to exceed one (1) year and may be issued in the  

following instances:  

 

(i) when it is found that a day care center complies with all of the rules  

which have the "*" designation but has not yet enrolled children; or  

 

(ii) when the day care center is not in full compliance with these rules but  

has demonstrated satisfactory evidence that it is making progress toward  

meeting these rules and has submitted an acceptable plan of correction.  

 

2. Restricted License or Commission. The department may in its  

discretion issue a restricted license or commission in lieu of a temporary  

or regular license or commission. The restricted license may be granted  

either in connection with the initial application process for a license or  

commission or as a result of a subsequent determination made by the  

department concerning compliance with these rules. The restriction shall  

appear on the face of the license or commission and shall restrict a center  

from providing care or services which are beyond the capability of the  

licensee or commission holder to provide. The restriction may also limit  

the number and/or age of the children served by the center.  

 

3. License or Commission. A license or commission will be issued, upon  

presentation of evidence satisfactory to the department, that the center is  

in compliance with applicable statutes and these rules. The license or  

commission is valid for one year unless voluntarily surrendered by the  

holder, reduced to a restricted or temporary license or commission or  

suspended or revoked by the department.  

 

(b) Qualifications Requirement. In order to obtain or retain a license or  

commission, the administrator of the center and its employees must be  

qualified, as defined in these rules, to administer or work in a day care  

center. The department may presume that the administrator and center  

employees are qualified, subject to satisfactory determinations on the  

criminal records checks. However, the department may require additional  

reasonable verification of the qualifications of the administrator and  

center employees either at the time of application for a license or  

commission or at any time during the license or commission period  

whenever the department has reason to believe that an administrator or  

center employee is not qualified under these rules to administer or work in  

a day care center.  

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1. Reasonable verification which may be required by the department may  

include, but need not be limited to any or all of the following:  

statement(s) from an attending physician or other health care  

professionals attesting to the mental and/or physical health of the  

applicant and/or staff member; letters of reference from designated  

persons in the community where the applicant and/or staff member  

intends to work or is working; certified copies of court orders and  

additional criminal  records checks. 

 

(c) License or Commission is Non-transferable.  A license or commission  

to operate a day care center is not transferable in any way.  Each license  

or commission shall be returned to the department immediately upon the  

expiration, suspension, revocation, restriction of the license or  

commission or termination of the operation.  

 

(d) Renewal of License or Commission. A license or commission will be  

renewed upon the filing of a completed annual report and a determination  

by the department that the center presents satisfactory evidence of  

meeting the standards set forth in these rules.  

 

(e) Exemptions.  Anyone operating or desiring to provide a service  

believed to be exempt from licensure shall apply to the department for  

exemption by submitting a written description of services, fees, ages of  

children to be served, hours, days and months of operation and location, a  

copy of written policies, advertisements, parental agreement forms  and  

other materials to support the criteria for exemption. The exemptions  

granted by the department are exemptions from licensure, and do not  

affect the authority of local, regional or state health department officials,  

the state fire marshall or local fire prevention officials to inspect facilities.  

These rules shall not apply to the following kinds of programs providing  

care to children:  

 

1. Specialized day care centers that are qualified to furnish care and  

training to mentally handicapped individuals and have been granted a  

certificate of approval by the department as provided for in O.C G.A. Sec.  

37-6-6. 

 

2. Programs for children five (5) years and older which operate solely for  

educational purposes with an established curriculum during the school  

term for the customary seven (7) hour school day. 

 

3. A facility operated by a local school on school board property for  

children five (5) years and older before and after the customary seven (7)  

hour day during the regular school term. 

  

4. 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.  

 

5. Mother's Morning Out or similar programs which operate for no more  

than four (4) consecutive hours per day for no more than two (2) days per  

week or which limit attendance to no more than eight (8) hours per week  

per child. 

  

6. Any short-term baby-sitting service provided by an establishment, e.g.  

church, health club, bowling lanes, etc., on its premises to children for the  

convenience of their parents who are participating in activities being  

provided by the establishment.  No child shall be permitted to remain in  

the establishment's baby sitting facility for more than four (4) hours per  

day and eight (8) hours per week. This exemption does not apply to  

programs operated by an organization for its employees or registered  

students. 

  

7. Drop-in recreation programs where the children are free to come and go  

from the premises without being escorted by a parent or responsible  

person and short-term educational programs 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 subject(s) such as  

music, dance, religion, etc. and the program provider is not assuming  

responsibility for the provision of daily child care outside the scheduled  

program.  

 

8. Day camping programs for children five (5) years and older which have  

as the primary emphasis outdoor education and recreation and are  

operated between school terms for no more than seven (7) hours per day  

or which are accredited by the American Camping Association or other  

national standard-setting agency or church camp accreditation programs  

which must provide standards equivalent to the American Camping  

Association standards.  

 

9. Child welfare agencies and other facilities and institutions wherein  

children and youths are detained which are operated by any department,  

or agency of state, county, or municipal government.

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