(a)

1. (1) “Childcare family home” means a situation in which children are cared for in:

   1. (A) A caregiver’s own family residence; or
   2. (B) Some other suitable family-type residence.
2. (2) There shall be no more than one (1) license issued per home or structure.
3. (3) This does not apply to situations such as a duplex where two (2) licenses could be issued to two (2) separate applicants.

(c)

1. (1) “Substantial compliance” means compliance with all essential standards necessary to protect the health, safety, and welfare of the children attending the childcare family home.

2. (2) Essential standards include but are not limited to those relating to issues involving:

   1. (A) Fire;
   2. (B) Health;
   3. (C) Safety;
   4. (D) Nutrition;
   5. (E) Behavior guidance;
   6. (F) Staff-to-child ratio; and
   7. (G) Space.

(d)

1. (1) A home requires licensing when one (1) or more persons care for six (6) or more children from more than one (1) family at the same time.
2. (2) A maximum of sixteen (16) children may be cared for with a childcare family home license.

(e)

1. (1) An individual shall be eligible to hold only one (1) license, which shall be issued for one (1) location.

2. (2) The holder or holders of the license shall be:

   1. (A) Considered the primary caregiver or caregivers; and
   2. (B) Present and responsible for children during hours of care.

3. (3) At least one (1) of the licensees (primary caregivers):

   1. (A) Shall be present at all times children are in care; and
   2. (B) Shall not be otherwise employed during the hours of care.

(f)

1. (1) If a qualified secondary caregiver is present, the primary caregiver may be absent for:

   1. (A) Reasons related to the operation of the childcare business such as attending required training; and
   2. (B) Brief or occasional absences relating to personal business or personal time off.
2. (2) Compliance with staff-to-child ratio must still be maintained during the absence of the primary caregiver.

(g)

1. (1) The caregiver’s own preschool children shall be considered when determining the need for a license.
2. (2) The caregiver’s own school-age children are not considered when determining the need for a license.

3. (3) Other children in the home who are not accompanied by a parent, whether pay is received for care or not:

   1. (A) Are considered in determining the need for a license; and
   2. (B) Will be counted in the ratio after a license is obtained.

(i)

1. (1) Any home that has not provided care to children for a period of one (1) year shall have the license closed unless a written request is made by the licensee stating why closure should not take place.
2. (2) If the licensee requests that the license remain open, license fees and required annual inspections shall be kept current.