(a)Unless exempted under subsection (b) of this section, a person shall not operate a child care facility without a license or operate a family child care home without registration from the Department.
(b)The following persons are exempted from the provisions of subsection (a) of this section:
(1)a person providing care for children of not more than two families other than that of the person providing the care;
(2)a hospital or establishment holding a license issued by the Department of Health or a person operating a program primarily for recreational 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, in which case subsection (a) of this section shall apply
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(a) Unless exempted under subsection (b) of this section, a person shall not operate a child care facility without a license or operate a family child care home without registration from the Department.
(b) The following persons are exempted from the provisions of subsection (a) of this section:
(1) a person providing care for children of not more than two families other than that of the person providing the care;
(2) a hospital or establishment holding a license issued by the Department of Health or a person operating a program primarily for recreational 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, in which case subsection (a) of this section shall apply to those nonincidental additional services;
(3) child care facilities operated by religious organizations for the care and supervision of children during or in connection with religious services or church sponsored activities;
(4) [Repealed.]
(5) an after-school 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 after-school program asks to participate in the child care subsidy program.
(c) A person who has a license to operate a child care facility shall not operate a family child care home. A person who operates a registered family child care home shall not operate a child care facility.
(d)(1) Rules pertaining to child care facilities and family child care homes shall be designed to ensure that children in child care facilities and family child care homes are provided with wholesome growth and educational experiences and are not subjected to neglect, mistreatment, or immoral surroundings.
(2) A licensed child care facility shall ensure that all individuals working at the facility receive orientation, based on materials recommended by the Agency of Human Services and the Agency of Education, on the prevention, identification, and mandatory reporting of child abuse, including child sexual abuse, signs and symptoms of sexual abuse, sexual violence, grooming processes, recognizing the dangers of child sexual abuse in and close to the home, and other predatory behaviors of sex offenders.
(e) At least each three years, the Department shall review the rules for licensure and registration for revision or updating.
(f) The Commissioner, upon request, and in the Commissioner’s discretion, may grant waivers and variances to child-adult ratios if licensure is applied for by a registered child care facility.
(g) [Repealed.]
(h) Notwithstanding any provision of law to the contrary, the Agency of Human Services may provide technical assistance to schools in voluntarily meeting school age child care standards.
(i) [Repealed.] (Added 1967, No. 147, § 5; amended 1969, No. 254 (Adj. Sess.); 1971, No. 14, § 21, eff. March 11, 1971; 1973, No. 152 (Adj. Sess.). § 24, eff. April 14, 1974; 1981, No. 171 (Adj. Sess.), § 3, eff. April 20, 1982; 2001, No. 61, § 74, eff. June 16, 2001; 2005, No. 174 (Adj. Sess.), §§ 109, 140; 2007, No. 62, § 8; 2007, No. 172 (Adj. Sess.), § 15; 2009, No. 1, § 10; 2009, No. 44, § 26, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 294, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 62, eff. May 20, 2014; 2021, No. 20, § 319.)