§ 22 §8301-A — Licensure of child care facilities and family child care providers

1.
Definitions.
1-A.
Definitions.
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
2.
Child care facility licensure.
The owner or operator of a child care facility shall pay the licensing fee required under section 8303‑A. A child care facility must be licensed under this chapter and must comply with the rules adopted by the commissioner under section 8302‑A and the fire safety requirements of section 8304‑A. The department shall make at least one unannounced inspection of a child care facility licensed under this chapter during the term of the license. The inspection must take place between 6 and 18 months after the issuance of the license. Except as otherwise provided, a nursery school must meet the requirements of this chapter and chapter 1675.
3.
Family child care provider licensure.
A family child care provider shall pay the licensing fee required under section 8303‑A. A family child care provider must be licensed under this chapter and shall comply with the rules adopted by the commissioner under section 8302‑A and the fire safety requirements of section 8304‑A. The department shall make at least one unannounced inspection of a family child care provider licensed under this chapter during the term of the license. The inspection must take place between 6 and 18 months after the issuance of the license.
4.
Complaints.
Upon receipt of a complaint about a licensed child care facility or family child care provider and if the department has reasonable cause to suspect that a violation of the licensure requirements has occurred, the department may investigate the complaint and enter the premises at any reasonable time for the purposes of the investigation.
5.
Administrative suspension.
Whenever conditions exist that immediately jeopardize the health and safety of children, the commissioner may issue an order of closure, which suspends the license of the family child care provider or child care facility for up to 10 days, pending further investigation or prior to obtaining an order of emergency suspension from the court. The department shall require that an order of closure be posted at the facility and made public as it determines to be most appropriate for parents and other potential customers.
6.
Temporary license.
6-A.
Temporary license.
The department may issue a temporary license to a licensed child care facility or family child care provider in a new location or to a new child care facility or family child care provider. The department may issue a temporary license, which is valid pending final action on the application by the department, only under the following conditions:
7.
Injunctive relief.
The department may seek an injunction to require compliance with the provisions of this section or rules adopted pursuant to this section.
8.
Rulemaking.
The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
9.
Exemption from certain requirements for accredited Montessori schools.
Notwithstanding any provision of this chapter or rules adopted pursuant to this chapter, a child care facility that is accredited as a Montessori school by a national or international accreditation organization may apply to the commissioner for an exemption from those requirements of this chapter or rules adopted pursuant to this chapter that conflict with the recognized tenets of the Montessori philosophy.
10.
Exemption from duplicative licensure.
Notwithstanding any provision of this chapter to the contrary, a child care facility or family child care provider on a military installation or a facility licensed or certified as a family child care provider by the United States Department of Defense or by the United States Coast Guard that provides care only for children of parents or guardians who are active duty military members is exempt from the requirements of this chapter.

Legislative History

PL 1997, c. 494, §8 (NEW). PL 1997, c. 494, §15 (AFF). PL 1999, c. 363, §§4,5 (AMD). PL 2001, c. 645, §6 (AMD). PL 2005, c. 224, §1 (AMD). PL 2005, c. 530, §7 (AMD). PL 2005, c. 640, §§2,3 (AMD). PL 2007, c. 324, §16 (AMD). PL 2009, c. 211, Pt. B, §§20, 21 (AMD). PL 2021, c. 35, §§16-21 (AMD). PL 2023, c. 567, §§3-5 (AMD). PL 2025, c. 101, §1 (AMD). PL 2025, c. 135, §1 (AMD).