50-11.1 Early Childhood Services

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CHAPTER 50-11.1EARLY CHILDHOOD SERVICES50-11.1-01. Purpose. The purpose of this chapter is to assure that children receivingearly childhood services be provided food, shelter, safety, comfort, supervision, and learning experiences commensurate to their age and capabilities, so as to safeguard the health, safety, and development of those children.50-11.1-02. Definitions. As used in this chapter, unless the context or subject matterotherwise requires:1."Authorized agent" means the county social service board, unless another entity is designated by the department.2."Child care center" means an early childhood program licensed to provide early childhood services to nineteen or more children.3."County agency" means the county social service board in each of the counties of the state.4."Department" means the department of human services.5."Drop-in care" means the care of children on a one-time, occasional, or unscheduled basis to meet the short-term needs of families.6."Early childhood program" means any program licensed under this chapter where early childhood services are provided for at least two hours a day for three or more days a week.7."Early childhood services" means the care, supervision, education, or guidance of a child or children, which is provided in exchange for money, goods, or other services. Early childhood services does not include:a.Substitute parental child care provided pursuant to chapter 50-11.b.Child care provided in any educational facility, whether public or private, in grade one or above.c.Child care provided in a kindergarten which has been established pursuant to chapter 15.1-22 or a nonpublic elementary school program approved pursuant to subsection 1 of section 15.1-06-06.d.Child care, preschool, and prekindergarten services provided to children under six years of age in any educational facility through a program approved by the superintendent of public instruction.e.Child care provided in facilities operated in connection with a church, business, or organization where children are cared for during periods of time not exceeding four continuous hours while the child's parent is attending church services or is engaged in other activities, on the premises.f.Schools or classes for religious instruction conducted by religious orders during the summer months for not more than two weeks, Sunday schools, weekly catechism, or other classes for religious instruction.g.Summer resident or day camps for children which serve no children under six years of age for more than two weeks.Page No. 1h.Sporting events, practices for sporting events, or sporting or physical activities conducted under the supervision of an adult.i.Head start and early head start programs that are federally funded and meet federal head start performance standards.j.Child care provided in a medical facility by medical personnel to children who are ill.8."Family child care" means a private residence licensed to provide early childhood services for no more than seven children at any one time, except that the term includes a residence licensed to provide early childhood services to two additional school-age children during the two hours immediately before and after the schoolday and all day, except Saturday and Sunday, when school is not in session during the official school year.9."Group child care" means a child care program licensed to provide early childhood services for eighteen or fewer children.10."Household member" means an adult living in the private residence out of which a program is operated, regardless of whether the adult is living there permanently or temporarily.11."In-home provider" means any person who provides early childhood services to children in the children's home.12."Licensed" means an early childhood program has the rights, authority, or permission granted by the department to operate and provide early childhood services.13."Multiple licensed program" means an early childhood program licensed to provide more than one type of early childhood services.14."Owner" or "operator" means the person who has legal responsibility for the early childhood program and premises.15."Parent" means an individual with the legal relationship of father or mother to a child or an individual who legally stands in place of a father or mother, including a legal guardian or custodian.16."Premises" means the indoor and outdoor areas approved for providing early childhood services.17."Preschool" means a program licensed to offer early childhood services, which follows a preschool curriculum and course of study designed primarily to enhance the educational development of the children enrolled and which serves no child for more than three hours per day.18."Public approval" means a nonlicensed early childhood program operated by a government entity that has self-certified that the program complies with this chapter.19."Registrant" means the holder of an in-home provider registration document issued by the department in accordance with this chapter.20."Registration" means the process whereby the department maintains a record of all in-home providers who have stated that they have complied or will comply with the prescribed standards and adopted rules.Page No. 221."Registration document" means a written instrument issued by the department to publicly document that the registrant has complied with this chapter and the applicable rules and standards as prescribed by the department.22."School-age child care" means a child care program licensed to provide early childhood services on a regular basis for nineteen or more children aged five years through eleven years.23."Self-declaration" means voluntary documentation of an individual providing early childhood services in a private residence for up to three children below the age of twenty-four months or for no more than five children through the age of eleven.24."Staff member" means operator, caregiver, provider, or any other individual, whether paid or volunteer, who provides care, supervision, or guidance to children in an early childhood program and includes food preparation, transportation, and maintenance personnel.50-11.1-02.1. Number of children in program - How determined. For the purpose ofdetermining the number of children receiving early childhood services, all children present on the premises and under the age of twelve years must be counted. All children present are protected by this chapter regardless of whether money is received or goods or other services are received for their care.50-11.1-02.2. Smoking prohibited in certain facilities. Smoking is not permitted in anearly childhood facility at any time during which a child who receives early childhood services from that facility is present and receiving services at that facility.50-11.1-03. (Effective through July 31, 2011) Operation of early childhood servicesprogram - License required - Fees.1.A license for family child care is required if early childhood services are provided for four or more children ages twenty-four months and under, or six or seven children through age eleven at any one time which includes no more than three children under twenty-four months of age.2.A license for group child care is required if early childhood services are provided for at least eight and no more than eighteen children at any one time.3.A license for a child care center is required if early childhood services are provided for more than eighteen children at any one time.4.A person, partnership, firm, corporation, limited liability company, association, or nongovernmental organization may not establish or operate a family child care, group child care, preschool, school-age child care, or child care center unless licensed to do so by the department.5.A governmental organization may not establish or operate a family child care, group child care, preschool, school-age child care, or child care center without first receiving public approval by certifying, to the department or the department's authorized agent, that it has complied with all rules applicable to family child care, group child care, preschool, or school-age child care, or to child care centers.6.An applicant for a license shall submit the following nonrefundable fees with the application:a.The operator of a family child care applying for a license shall pay an annual license fee of twenty dollars or if the license is issued for a two-year period, a fee of thirty-five dollars.Page No. 3b.The operator of a group child care applying for a license shall pay an annual license fee of twenty-five dollars or if the license is issued for a two-year period, a fee of forty-five dollars.c.The operator of a preschool applying for a license shall pay an annual license fee of thirty dollars or if the license is issued for a two-year period, a fee of fifty-five dollars.d.The operator of a child care center applying for a license shall pay an annual license fee of forty dollars or if the license is issued for a two-year period, a fee of seventy-five dollars.e.The operator of a multiple licensed program applying for a license shall pay an annual license fee of fifty dollars or if the license is issued for a two-year period, a fee of ninety-five dollars.7.In addition to any criminal sanctions or other civil penalties which may be imposed pursuant to law, the operator of an early childhood program who, after being given written notice by the department or the department's authorized agent, continues to provide early childhood services without a license as required by this section is subject to a civil penalty of two hundred dollars per day for each day of operation without the required license. The civil penalty may be imposed by the courts or by the department through an administrative hearing pursuant to chapter 28-32.8.All fees collected under subsection 6 must be paid to the department or the department's authorized agent and must be used to defray the cost, to the department or the department's authorized agent, of investigating, inspecting, and evaluating the applications or to provide training to providers of early childhood services.(Effective after July 31, 2011) Operation of early childhood services program -License required - Fees.1.A license for family child care is required if early childhood services are provided for four or more children ages twenty-four months and under, or six or seven children through age eleven at any one time which includes no more than three children under twenty-four months of age.2.A license for group child care is required if early childhood services are provided for at least eight and no more than eighteen children at any one time.3.A license for a child care center is required if early childhood services are provided for more than eighteen children at any one time.4.A person, partnership, firm, corporation, limited liability company, association, or nongovernmental organization may not establish or operate a family child care, group child care, preschool, school-age child care, or child care center unless licensed to do so by the department.5.A governmental organization may not establish or operate a family child care, group child care, preschool, school-age child care, or child care center without first receiving public approval by certifying, to the department or the department's authorized agent, that it has complied with all rules applicable to family child care, group child care, preschool, or school-age child care, or to child care centers.6.An applicant for a license shall submit the following nonrefundable fees with the application:Page No. 4a.The operator of a family child care applying for a license shall pay an annual license fee of twenty dollars or if the license is issued for a two-year period, a fee of thirty-five dollars.b.The operator of a group child care applying for a license shall pay an annual license fee of twenty-five dollars or if the license is issued for a two-year period, a fee of forty-five dollars.c.The operator of a preschool applying for a license shall pay an annual license fee of thirty dollars or if the license is issued for a two-year period, a fee of fifty-five dollars.d.The operator of a child care center applying for a license shall pay an annual license fee of forty dollars or if the license is issued for a two-year period, a fee of seventy-five dollars.e.The operator of a multiple licensed program applying for a license shall pay an annual license fee of fifty dollars or if the license is issued for a two-year period, a fee of ninety-five dollars.7.In addition to any criminal sanctions or other civil penalties which may be imposed pursuant to law, the operator of an early childhood program who, after being given written notice by the department or the department's authorized agent, continues to provide early childhood services without a license as required by this section is subject to a civil penalty of fifty dollars per day for each day of operation without the required license.The civil penalty may be imposed by the courts or by thedepartment through an administrative hearing pursuant to chapter 28-32.8.All fees collected under subsection 6 must be paid to the department or the department's authorized agent and must be used to defray the cost, to the department or the department's authorized agent, of investigating, inspecting, and evaluating the applications or to provide training to providers of early childhood services.50-11.1-03.1.Family child care home operator - Cardiopulmonary resuscitationcertification. 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50-11.1 Early Childhood Services