§8301-A. Licensure of child care facilities; certification of family child care providers








1. Definitions. 




[
2001, c. 645, §6 (RP)
.]








1-A. Definitions. 
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.





A. "Child care center" means:



(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 13 or more children under 13 years of age; or






(2) Any location or locations operated as a single child care program or by a person
or persons when there are more than 12 children being cared for. [2001, c. 645, §6 (NEW).]













B. "Child care facility" means a child care center, small child care facility or nursery
school. "Child care facility" does not include a facility operated by a family child
care provider, a youth camp licensed under section 2495, programs offering instruction to children for the purpose of teaching a skill such
as karate, dance or basketball, 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 or a private school recognized by the Department of
Education as a provider of equivalent instruction for the purpose of compulsory school
attendance. 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. [2009, c. 211, Pt. B, §20 (AMD).]










C. "Family child care provider" means a person who provides day care in that person's
home on a regular basis, for consideration, for 3 to 12 children under 13 years of
age who are not the children of the provider or who are not residing in the provider's
home. If a provider is caring for children living in that provider's home and is
caring for no more than 2 other children, the provider is not required to be certified
as a family child care provider. [2005, c. 530, §7 (AMD).]










D. "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 that provides care for 3 or more children 33 months of age or older and under
8 years of age, provided that:



(1) No session conducted for the children is longer than 3 1/2 hours in length;



(2) No more than 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.


"Nursery school" does not include any facility operated as a child care center or
small child care facility licensed under subsection 2, a youth camp licensed under section 2495 or a public or private school in the nature of a kindergarten approved by the Commissioner
of Education, in accordance with Title 20-A. [2009, c. 211, Pt. B, §21 (AMD).]










E. "Small child care 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 to 12 children under 13 years of age. [2001, c. 645, §6 (NEW).]







[
2009, c. 211, Pt. B, §§20, 21 (AMD)
.]








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.


[
2005, c. 640, §2 (AMD)
.]








3. Family child care provider certification. 
A family child care provider shall pay the certification fee required under section
8303-A. A family child care provider must be certified 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 certified under this chapter during the
term of the certificate. The inspection must take place between 6 and 18 months after
the issuance of the certificate.


[
2005, c. 640, §3 (AMD)
.]








4. Complaints. 
Upon receipt of a complaint about a licensed child care facility or a certified
family child care provider and if the department has reasonable cause to suspect that
a violation of the licensure or certification requirements has occurred, the department
may investigate the complaint and enter the premises at any reasonable time for the
purposes of the investigation.


[
2005, c. 530, §7 (AMD)
.]








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 certification of
the family child care provider or the child care facility license 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.


[
2005, c. 530, §7 (AMD)
.]








6. Temporary license. 
Whenever a certified family child care provider or licensed child care facility
moves to a new location the department may issue a temporary certificate or license,
valid pending final action on the application for the new location by the department,
when:





A. All applicable standards have been met except a requirement that is dependent on
the action of an agency of State Government or a contractor of that agency; and [2001, c. 645, §6 (AMD).]










B. Through no action by the applicant that causes a significant delay, timely issuance
of a provisional or full license has been delayed by the agency or contractor. [1999, c. 363, §5 (NEW).]







[
2005, c. 530, §7 (AMD)
.]








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.


[
1999, c. 363, §5 (NEW)
.]








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.


[
2005, c. 530, §7 (AMD)
.]








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.


The commissioner shall adopt rules to implement this subsection. Rules adopted pursuant
to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.


[
2005, c. 224, §1 (NEW)
.]





SECTION HISTORY

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