For the purpose of this chapter:

1. (1) a. “Child care” means an individual or entity that meets all of the following:

   1. 1. Has in custody or control 1 child or more under the age of 18 years, unattended by parent or guardian, for the purpose of providing care, education, protection, supervision, or guidance.
   2. 2. Is compensated for the individual’s or entity’s services.
   3. 3. Holds the individual’s or entity’s self out as conducting child care.

   4. b. “Child care” includes all of the following:

      1. 1. Family child care homes.
      2. 2. Large family child care homes.
      3. 3. Child care centers, including programs for children below the grade of kindergarten that are operated by private schools.
      4. 4. Child placing agencies.
      5. 5. Residential child care facilities.
      6. 6. Day treatment programs.
      7. 7. Child care programs operating part-day or full-day.

   5. c. “Child care” does not include any of the following:

      1. 1. Individual foster or adoptive homes in which children have been placed by a State-licensed child placing agency.
      2. 2. Military family child care providers.
2. (2) “Department” means the Department of Education.
3. (3) “Early education program” means a public program operated by an entity under state ownership and control, including local education agencies, for children below the grade of kindergarten.
4. (4) “Entity” means an estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

5. (5) “Military family child care provider” means a family child care home or large family child care home that serves only dependent children eligible for Department of Defense subsidized care and is 1 or both of the following:

   1. a. Located on a military base or federal property.
   2. b. Certified as a family child care provider by a branch of the U.S. Department of Defense or the U.S. Coast Guard.
6. (6) “OCCL” means the Office of Child Care Licensing within the Department of Education.

82 Del. Laws, c. 184, § 3; 70 Del. Laws, c. 186, § 1; 83 Del. Laws, c. 248, § 2; 83 Del. Laws, c. 249, § 1; 83 Del. Laws, c. 277, § 1; 83 Del. Laws, c. 283, § 17; 85 Del. Laws, c. 105, § 1; 85 Del. Laws, c. 198, § 1