Purpose

This bill changes which child care and related programs must be licensed by the state. It creates many exemptions from licensure for certain informal or small-scale services and activities, while keeping licensure for higher-risk or larger childcare operations. The bill also adds specific safety and oversight requirements for some exempt programs and clarifies how two buildings relate for the “directly contiguous” rule.

Main Provisions

• Exemption from licensure for many program types
  • A nonparent who is unrelated to the children but provides care to two separate families (where the families are related within themselves) would not need a state license.
  • Related individuals serving residential or nonresidential programs are exempt, with some exceptions.
  • Various types of programs are exempt, including:
  • Public school programs for children 33 months or older
  • Nonresidential programs that run for less than three hours a day while a parent is in the same building or a neighboring building that is directly contiguous
  • Homes helping children placed for adoption by a county or licensed agency (unless the adoption is not completed within two years)
  • Programs licensed or certified by the commissioner of corrections
  • Recreation programs run by a park and recreation board
  • Programs run by YMCA, YWCA, or JCC whose main purpose is child care or services for school-age children
  • Head Start nonresidential programs that operate for less than 45 days per year
  • Programs such as scouting, boys clubs, girls clubs, sports, and arts programs
  • Religious instruction for school-age children, Sabbath or Sunday schools, or congregate care during regular worship times
  • Camps licensed by the health department
  • Residential programs for cultural or educational exchange (until rules are adopted)
  • Community support services and family community support services
  • Placement by a birth parent or legal guardian in a preadoptive home for adoption purposes
  • Programs serving only children 33 months or older operated by a nonpublic school with limits on hours (no more than four hours per day and no more than 20 children at a time) and that are accredited by a recognized accrediting agency or meet background study requirements and investigations
  • A nonprofit organization–based after-school or weekend/summer youth development program serving K-12, with learning opportunities outside school hours, provided certain conditions apply
  • Head Start programs serving only 3-year-olds up to but not including 6-year-olds
  • Programs licensed under Chapter 245A
• Specific conditions for some exemptions
  • The nonprofit after-school/youth development program exemption requires:
  • On-site director or supervisor responsible for policies and safety
  • Written parental consent for each youth
  • Written notice to parents that the site is not licensed and not eligible for child care assistance
• Definitions and clarifications
  • “Directly contiguous” means buildings sharing a common wall or connected by a skyway, tunnel, atrium, or common roof.
  • Nothing in this chapter requires licensure for services funded under an approved federal waiver plan that identifies licensure as not required.
• Relationships to existing licensure
  • Some programs remain subject to licensure (e.g., certain Head Start programs, programs licensed by the Department of Health or the Department of Human Services under specific chapters).
  • The exemptions do not apply to services that must be licensed under those specific programs or waivers.

Significant Changes to Existing Law

• Expands the types of care that do not have to be licensed, especially for informal or short-duration care and certain community programs.
• Introduces precise limits and conditions for exemptions (hours, number of children, accreditation or background studies where applicable).
• Adds on-site oversight and parental consent/notice requirements for some exempt nonprofit youth programs, creating a safety net while reducing licensing burden.
• Clarifies how adjacent or connected buildings influence licensure decisions (directly contiguous definition).
• Maintains licensure for higher-stakes operations (e.g., certain Head Start programs, state-licensed or state-certified programs, and those covered by federal waivers that designate licensure is not required).

Relevant Terms - licensure - exemption from licensure - nonresidential programs - residential programs - unrelated individual - two families - related - public school - 33 months or older - less than three hours per day - directly contiguous - Head Start - YMCA/YWCA/JCC - scouting, boys clubs, girls clubs, sports, arts - religious instruction, Sabbath, Sunday schools - camps - cultural or educational exchange - preadoptive home - accreditation - background studies - consent of parent/guardian - written notice - federal waiver plan - child care assistance - Chapter 245A - Department of Health - Department of Human Services - after-school/youth development programs - K-12 after-school programs