Exemptions

When operating or planning to operate a child care program that may not be subject to licensure, an application for exemption from licensure must be submitted to the Department.

The request will be reviewed, and a determination made based on the applicable rules and guidelines. In addition to the listed exemption categories (see below), an Exemption Application may be submitted for review if no fees of any kind are charged for child care services. If a program was granted a previous exemption that has expired, or there have been any changes since then, the program is required to submit a new request. Exemptions are valid only at the program address to which they were granted. If a program relocates, a new exemption application must be submitted.

The Child Care and Development Block Grant (CCDBG) Act of 2014 requires that DECAL conduct annual monitoring visits to exempt child care providers receiving subsidy payments through the Childcare and Parent Services (CAPS) program. There are two exemption categories that are eligible to receive CAPS funding. Category 1 – Government owned and operated programs which include any department or state agency, county or municipal government such as Local School Systems (LSS), Parks and Recreation and College/University systems. There is no age restriction. Also eligible is category 7 - Day Camps for children 5 and older that operate during school breaks typically occurring during the summer and holiday breaks for no more than 12 hours per day.

The annual CCDF monitoring visits are documented on an Exemption Monitoring Visit Checklist. The site visits consist of inspections for compliance with the health & safety standards and consist of the following compliance indicators: staff:child ratios and group size; administrator credentials; criminal background checks (fingerprints must comply with DECAL standards); health and safety focus areas similar to core rules which align with the required training needed to complete Health and Safety Orientation modules.