§ 3502. Child care facilities; school age care in public schools; 21st Century Fund
(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(4) [Repealed.]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.)