1. (a) Family and family group child care homes and small child care centers shall comply with He-C 4002.01 through He-C 4002.32 and this section.

2. (b) Family child care shall:

   1. (1) Only be provided in a dwelling that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation and occupied for living purposes on a full-time basis by the family child care provider; or

   2. (2) Be located:

      1. a. Physically on the same property as the family child care provider’s permanent residence and such residence is a single family home;
      2. b. In a duplex structure containing 2 independent side-by-side dwelling units and the family child care provider permanently resides in the other dwelling unit located in the duplex; or
      3. c. In a structure with a maximum of 3 stories, with no more than one dwelling unit located on each floor level, and the family child care provider permanently resides in one of the other dwelling units located in the 3 story structure.
3. (c) A small group child care center shall operate in a location that is not the residence of the licensee, and shall not provide care for more than 12 children.
4. (d) A family child care provider shall not hold more than one family child care license.

5. (e) To qualify as a family child care provider or a child care manager of a small child care center, an individual shall be:

   1. (1) At least 21 years of age; or

   2. (2) At least 18 years of age and submit with their application documentation that they have a high school diploma or equivalent, including but not limited to General Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a Test Assessing Secondary Completion (TASC), and at least one of the following:

      1. a. Successful completion of a 2-year child care curriculum approved by the department of education; or
      2. b. College courses, totaling 6 credits, in child development or human growth and development, early childhood, or elementary education, or other field of study focused on children, including at least one 3-credit course in child growth and development, awarded by an accredited college or university.
6. (f) A child care worker shall be 18 years of age or older.

7. (g) A child care assistant, whether paid or volunteer, shall:

   1. (1) Be 16 years of age or older; and
   2. (2) Work under the direct observation and supervision of the family child care provider, a child care manager, or a child care worker at all times.
8. (h) Family child care providers or small child care centers may employ substitute staff who meet the age requirements of the staff position for whom they are substituting and assume the responsibilities of any child care staff on an emergency or temporary basis for not more than 90 consecutive days and not more than a maximum of 120 days in a 12-month period.
9. (i) Family child care providers, child care workers, and child care managers shall complete professional development requirements in accordance with He-C 4002.32.
10. (j) Documentation of professional development requirements shall be maintained at the program and available for review by the department.

11. (k) A junior helper in any family child care program or a small child care center, whether paid or volunteer, shall:

    1. (1) Be at least 14 years of age;
    2. (2) Work with children only under the direct supervision and observation of a staff person who meets at least the minimum qualification of a child care worker;
    3. (3) Not be calculated in staff to child ratios as specified in (m) through (p) below; and
    4. (4) Not be required to complete professional development hours as specified in He-C 4002.32.
12. (l) The license capacity for family or family group child care homes shall include the provider’s own, foster, and resident children up to 6 years of age, when they are present.

13. (m) A family child provider, family group child care provider, child care manager, or a child care worker who is working alone shall not care for more than 6 children plus 3 school-age children during hours when school is not in session, provided that:

    1. (1) Of the 6 children, no more than 4 children are younger than 36 months of age; and
    2. (2) Of the 6 children, no more than 2 children are younger than 24 months of age.
14. (n) A family child care provider plus a child care worker or child care assistant shall not care for more than 6 children plus 3 school-age children when school is not in session. Of the 6 children, no more than 4 shall be younger than 36 months of age.
15. (o) A family group child care provider plus a child care worker or child care assistant shall not care for more than 12 children plus 5 school-age children when school is not in session. Of the 12 children, no more than 4 children shall be younger than 36 months of age.

Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16,; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.31); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.34)