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Drop-In Care Licensing Regulations
Drop-in child care operates on an occasional basis for parents who may need temporary care while engaged in other activities. These programs are often found at shopping malls, resorts, health clubs, and other settings where the parents are on the premises. In many States, this type of care is exempt from licensing because it is not offered as regular ongoing care for children and may only operate for a few hours each day.
The following includes information about 27 States that exempt some or all drop-in care facilities from child care licensing requirements. Included are the State definitions of the types of care that are exempt.
The National Resource Center for Health and Safety in Child Care and Early Education has the full text of all State child care licensing regulations on its Web site at http://nrckids.org/STATES/states.htm. A directory of all State child care licensing agencies is available in the State Contacts section of the National Child Care Information and Technical Assistance Center (NCCIC) Web site at http://nccic.acf.hhs.gov/statedata/dirs/display.cfm?title=licensing. Additional information about child care licensing is available on NCCIC's Web site at http://nccic.acf.hhs.gov/topics/topic/index.cfm?topicId=2. NCCIC does not endorse any organization, publication, or resource.
State Requirements For Drop-In Child Care
- The 2005 Child Care Licensing Study (2006), by the National Association for Regulatory Administration (NARA) and NCCIC, reports that 15 States (CO, DE, HI, MD, ME, MI, MN, NC, ND, OH, OK, OR, TN, VT, and WY) have some requirements for drop-in child care facilities. This resource is available at www.nara.affiniscape.com/displaycommon.cfm?an=1&subarticlenbr=99.
The following includes State definitions in child care licensing regulations of the types of drop-in care programs that are required to be licensed and those that are exempt from licensing.
Colorado
Volume of Child Care Facility Licensing (8/7/2006)
http://nrc.uchsc.edu/STATES/CO/co_volume.pdf
Colorado requires licensing for programs that meet the following definition:
A drop-in child care center provides occasional care for 40 or fewer children between the ages of 12 months and 13 years of age for short periods of time not to exceed six (6) hours in any 24-hour period of time or fifteen (15) hours in any seven (7) day period of time.
Colorado exempts programs from licensing that meet the following definition:
A child care center operated in connection with a church, shopping center, or business where children are cared for during short periods of time, not to exceed three hours in any twenty-four hour period of time, while parents or persons in charge of such children, or employees of the church, shopping center, or business whose children are being cared for at such location are attending church services, shopping, patronizing or working on the premises of the business. This facility must be operated on the premises of the church, business, or shopping center. Only children of parents or guardians who are attending a church activity or patronizing the business or shopping center or working at the church, shopping center or business can be cared for in the center.
Delaware
Rules for Early Care and Education and School-Age Centers (1/1/2007)
http://nrckids.org/STATES/DE/de_rulesTOC.htm
Delaware exempts programs from licensing that meet the following definition:
Programs established in connection with a religious institution, a business, or recreation center, in which children are provided care for brief periods of time, while parents/guardians are on the premises, are readily accessible at all times on an on-call basis and are able to resume control of the child immediately.
Maryland
COMAR 13A.14.02 - Child Care Center Licensing (1/2/2006)
http://nrckids.org/STATES/MD/md_02.pdf
Maryland requires licensing for programs that meet the following definition:
Drop-in center means a child care center which only provides care to children on an intermittent and occasional basis for less than 4 hours a day.
Maryland exempts programs from licensing that meet the following definition:
Supervisory services to children provided by a church, health club, health provider, or similar sponsor in support of an occasional or intermittent parental activity or service offered by the sponsor while parents are on the same premises as the services to children and are immediately available to the children.
Minnesota
Chapter 9503 Child Care Centers (9/25/99)
http://nrc.uchsc.edu/STATES/MN/mn_2.htm#pgfId-97206
Minnesota requires licensing for programs that meet the following definition:
A drop-in child care program means a child care program that operates for more than 30 days in any 12-month period and is not excluded by Minnesota Statutes, section 245A.03, subdivision 2. The program is not a day program and does not provide care to any child for more than five hours in any one day and 40 hours in any one calendar month. The center where the program operates is licensed exclusively to provide a drop-in child care program and does not have a regularly scheduled, ongoing child care program with a stable enrollment.
Minnesota exempts programs from licensing that meet the following definition:
Nonresidential programs primarily for children that provide care or supervision for periods of less than three hours a day while the child’s parent or legal guardian is in the same building as the nonresidential program or present within another building that is directly contiguous to the building in which the nonresidential program is located.
North Carolina
Chapter 9 - Child Care Rules (12/1/2007)
http://nrckids.org/STATES/NC/nc_9.pdf
North Carolina requires licensing for programs that meet the following definition:
Drop-in care means a child care arrangement where children attend on an intermittent, unscheduled basis.
Temporary care means any child care arrangement which provides either drop-in care or care on a seasonal or other part-time basis and is required to be regulated.
North Carolina exempts programs from licensing that meet the following definition:
Drop-in or short-term care provided while parents participate in activities that are not employment related and where the parents are on the premises or otherwise easily accessible, such as drop-in or short-term care provided in health spas, bowling alleys, shopping malls, resort hotels, or churches.
North Dakota
Child Care Center - North Dakota Early Childhood Services Chapter 75-03-10 (1/1/99)
http://nrc.uchsc.edu/STATES/ND/nd_1.htm#pgfId-552230
North Dakota exempts programs from licensing that meet the following definition:
Child care provided in facilities operated in connection with a church, shopping center, business, or other establishment where children are cared for during periods of time not exceeding four continuous hours while the child’s parent, guardian, or custodian is attending church services, shopping, or engaged in other activities, other than employment, on or near the premises.
Oklahoma
Licensing Requirements for Child Care Centers (10/1/2007)
http://nrc.uchsc.edu/STATES/OK/ok_center.pdf
Oklahoma requires licensing for programs that meet the following definition:
Drop-in program means a child care program that provides care for children on an occasional basis where no child attends more than six hours per day for a maximum of 24 hours a week with an allowance for six extra hours per child three times per year.
Oklahoma exempts programs from licensing that meet the following criteria:
Programs in which children attend on a drop-in basis and parents are on the premises and readily accessible.
Tennessee
Chapter 1240-4-3 Licensure Rules for Child Care Centers (9/3/2006)
http://nrc.uchsc.edu/STATES/TN/tn_9-3-06.htm#0_pgfId-999342
There is no definition in the regulations for the type of drop-in care that is required to be licensed, however, regulations state that children in such settings shall be counted in the ratio and group size and shall have required records on file before receiving care.
Tennessee exempts programs from licensing that meet the following criteria:
Casual care operations consisting of places or facilities operated by any person or entity that provides child care, at the same time, for a minimum of five (5) children, but less than fifteen (15) children, who are not related to the primary caregiver, during short periods of time that do not exceed ten (10) hours per week or six (6) hours per day for any individual child while the parents or other custodians of the children are engaged in short-term activities, not including employment of the parent or other custodian of the child.
States That Exempt All Drop-In Care Programs
Alabama
State of Alabama Minimum Standards for Day Care Centers and Nighttime Centers Regulations and Procedures (1/21/2001)
http://nrc.uchsc.edu/STATES/AL/al_all.pdf
Alabama exempts programs from licensing that meet the following definition:
Facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and readily available.
Alaska
Chapter 57. Child Care Facilities Licensing (6/23/2006)
http://nrc.uchsc.edu/STATES/AK/alaska.htm
Alaska exempts programs from licensing that meet the following definition:
A facility in which child care is regularly provided and each child’s parent is on the premises within reasonable proximity and accessibility to the child.
California
Title 22, Div 12, Chapter 1 - Child Care Center (9/27/2006)
http://nrc.uchsc.edu/STATES/CA/ca_22_12_1.pdf
California exempts programs from licensing that meet the following definition:
Any child day care program that offers temporary child care services to parents and which satisfies both of the following: (A) The services are only provided to parents and guardians who are on the same premises as the site of the child day care program. (B) The child day care program is not operated on the site of a ski facility, shopping mall, department store, or any other similar site identified by the department by regulation.
Connecticut
Child Day Care Centers and Group Day Care Homes (19a-79-1 to 19a-79-13) (10/2005)
http://nrc.uchsc.edu/STATES/CT/ct_centers.htm#0_pgfId-998297
Connecticut General Statutes 19a-77 Through 19a-87e (6/14/2004)
http://nrc.uchsc.edu/STATES/CT/CT_general.pdf
Connecticut exempts programs from licensing that meet the following definition:
Drop-in supplementary child care operations for educational or recreational purposes and the child receives such care infrequently where the parents are on the premises. Drop-in supplementary child care operations in retail establishments where the parents are on the premises for retail shopping, provided that the drop-in supplementary child-care operation does not charge a fee and does not refer to itself as a child day care center.
Florida
Chapter 65C-22 Child Care Standards (4/12/2007)
http://nrc.uchsc.edu/STATES/FL/fl_65_22.pdf
2006 Florida Child Care Statutes (2006)
http://nrckids.org/STATES/FL/fl_2007.pdf
Florida exempts programs from licensing that meet the following definition:
Transient establishments which provide child care services solely for the guests of their establishment or resort.
Georgia
Chapter 591-1-1 Rules for Child Care Learning Centers (3/1/1998)
http://nrc.uchsc.edu/STATES/GA/ga_591.htm#pgfId-298197
Georgia exempts programs from licensing that meet the following definition:
Any short-term baby-sitting service provided by an establishment, e.g., church, health club, bowling lanes, etc., in its premises to children for the convenience of their parents who are participating in activities being provided by the establishment. No child shall be permitted to remain in the establishment’s baby sitting facility for more than four (4) hours per day and eight (8) hours per week.
Illinois
Part 407 Licensing Standards for Day Care Centers (3/15/2006)
http://nrc.uchsc.edu/STATES/IL/il_407.htm#pgfId-887776
Illinois exempts programs from licensing that meet the following definition:
Facilities operated in connection with a shopping center or service, religious services or other similar facility where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises and readily available.
Iowa
Chapter 109 Child Care Centers (1/11/2006)
http://nrc.uchsc.edu/STATES/IA/io_centers.htm#0_pgfId-998297
Iowa exempts programs from licensing that meet the following definition:
A program offered to a child whose parent, guardian, or custodian is engaged solely in a recreational or social activity, remains immediately available and accessible on the physical premises on which the child’s care is provided, and does not engage in employment while the care is provided.
Kentucky
922 KAR 2:090 Child Care Center Licensure (6/14/2002)
http://nrckids.org/STATES/KY/ky_090.pdf
Kentucky exempts programs from licensing that meet the following definition:
Child care provided while parents are on the premises other than the employment and educational site of parents.
New Hampshire
Chapter He-C 4000 Child Care Licensing Rules (4/20/2006)
http://nrckids.org/STATES/NH/nh_1.pdf
New Hampshire exempts programs from licensing that meet the following definition:
Facilities operated as a complimentary and limited service for the benefit of the general public in connection with a shopping center, ski area, bowling alley, or other similar operation where the parents or custodians of the serviced children are on the premises or in the immediate vicinity and are readily available.
New Jersey
Chapter 122 - Manual of Requirements for Child Care Centers (3/1/2005)
http://nrc.uchsc.edu/STATES/NJ/nj_122.htm#pgfId-720663
New Jersey exempts programs from licensing that meet the following definition:
A program, such as that located in a bowling alley, health spa or other facility, in which: i) Each child attends on a drop-in basis for no more than two hours; and ii) The parent of each child attending the program is in the same building, is readily accessible at all times on an on-call basis, and is able to resume control of the child immediately.
New Mexico
Title 8 Social Services, Chapter 16 Child Care Licensing, Part 2 Child Care Centers, Before/After School Programs, Family Child Care Homes, Other Early Care and Education Programs (8/31/2006)
http://nrc.uchsc.edu/STATES/NM/nm_16TOC.htm
New Mexico exempts programs from licensing that meet the following definition:
Child care facilities provided exclusively for children of parents who are simultaneously present in the same premises.
Pennsylvania
Chapter 3270. Child Day Care Centers (12/10/2005)
http://nrckids.org/STATES/PA/pa_3270.pdf
Pennsylvania exempts programs from licensing that meet the following definition:
Care provided in a facility where the parent is present at all times child care is being provided.
South Carolina
Regulations for the Licensing of Child Care Centers (5/16/2005)
http://nrc.uchsc.edu/STATES/SC/sc_centers.htm#pgfId-128207
South Carolina exempts programs from licensing that meet the following definition:
Facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available.
Texas
Minimum Standard Rules for Licensed Child-Care Centers (9/2006)
http://nrc.uchsc.edu/STATES/TX/tx_746.pdf
Regulation of Certain Facilities, Homes and Agencies That Provide Child-Care Services, Chapter 42, Human Resources Code (9/1/2007)
http://nrc.uchsc.edu/STATES/TX/tx_42.pdf
Texas exempts programs from licensing that meet the following definition:
A facility that is operated in connection with a shopping center, business, religious organization, or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping, or engaging in other activities on or near the premises, including but not limited to retreats or classes for religious instruction; a school or class for religious instruction that does not last longer than two weeks and is conducted by a religious organization during the summer months.
Virginia
Chapter 30 Standards for Licensed Child Day Centers (7/11/2007)
http://nrc.uchsc.edu/STATES/VA/va_center.pdf
Virginia exempts programs from licensing that meet the following definition:
Child-minding services which are not available for more than three hours per day for any individual child offered on site in commercial or recreational establishments if the parent or guardian (i) is not an on-duty employee, except for part-time employees working less than two hours per day; (ii) can be contacted and can resume responsibility for the child’s supervision within 30 minutes; and (iii) is receiving or providing services or participating in activities offered by the establishment.
Washington
Chapter 388-295 Minimum Licensing Requirements for Child Care Centers (7/13/06)
http://nrc.uchsc.edu/STATES/WA/wa_170_295.pdf
Washington exempts programs from licensing that meet the following definition:
Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment.
West Virginia
Title 78 Legislative Rules, Series 1, Child Care Centers Licensing (7/1/2007)
http://nrckids.org/STATES/WV/wv_78_1.pdf
West Virginia exempts programs from licensing that meet the following definition:
An individual or facility that offers occasional care of children for brief periods while parents are shopping, engaging in recreational activities, attending religious services or engaging in other business or personal affairs.
Wisconsin
Chapter HFS 46.03 Group Child Care Centers for Children (3/1/2005)
http://nrc.uchsc.edu/STATES/WI/wi_3.htm#pgfId-370685
Wisconsin exempts programs from licensing that meet the following definition:
Care and supervision while the child’s parent is on the premises and is engaged in shopping, recreation or other non-work activities.
Updated September 2008
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