Child Care Definitions and Exemptions - Pennsylvania

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Definitions

 

General Definitions

Child care experience—Care for a child in lieu of care by the parent or guardian for part of a 24-hour day. The term includes care of foster children in a court-supervised arrangement. 55 Pa. Code §§ 3270.4; 3280.4; 3290.4.

 

Child Day Care Centers

This chapter [Child Day Care Centers] applies to facilities in which out-of-home care is provided, at any one time, for part of a 24-hour day to seven or more children, 15 years of age or younger, including:

  1. Care provided to a child at the parent’s work site when the parent is not present in the child care space.
  2. Care provided in private or public, profit or nonprofit facilities.
  3. Care provided before or after the hours of instruction in nonpublic schools and in private nursery schools and kindergartens. 55 Pa. Code § 3270.3(a).

Child day care center—The premises in which care is provided at any one time for seven or more children unrelated to the operator. 55 Pa. Code § 3270.4.

 

Family Child Day Care Homes

This chapter [Family Child Day Care Homes] applies to facilities in which out-of-home care is provided, at any one time, for part of a 24-hour day to four, five or six children who are not related to the operator and who are 15 years of age or younger. This chapter applies to private or public, profit or nonprofit facilities. 55 Pa. Code §3290.3(a).

Family child day care home—A home other than the child’s own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children unrelated to the operator. 55 Pa. Code § 3290.4.

 

Group Child Day Care Homes

This chapter [Group Child Day Care Homes] applies to facilities in which out-of-home care is provided, at one time, for part of a 24-hour day to more than six but fewer than 16 older school-age level children or more than six but less than 13 children of any other age level, including:

  1. Care provided to a child at the parent’s work site when the parent is not present in the child care space.
  2. Care provided in private or public, profit or nonprofit facilities.
  3. Care provided before or after the hours of instruction in nonpublic schools and in private nursery schools and kindergartens. 55 Pa. 3280.3(a).

Group child day care home—The premises in which care is provided at one time for more than six but fewer than 16 older school-age level children or more than six but fewer than 13 children of another age level who are unrelated to the operator. The term includes a facility located in a residence or another premises. 55 Pa. Code § 3280.4.

 

Exemptions

 

General Exemptions

Child care experience ... does not include care of related children who reside with an individual. The term does not include supervised onsite training in the case of a student who is fulfilling the requirements of a secondary or postsecondary child care training or educational curriculum. 55 Pa. Code §§ 3270.4; 3280.4; 3290.4.

 

Child Day Care Centers

This chapter [Child Day Care Centers] does not apply to:

  1. Care provided by relatives.
  2. Care furnished in places of worship during religious services.
  3. Care provided in a facility where the parent is present at all times child care is being provided.
  4. Care provided during the hours of instruction in nonpublic schools and in private nursery schools and kindergartens. 55 Pa. Code § 3270.3(b).

This chapter is not applicable to a part-day school-age program for children who attend kindergarten or older but under 16 years of age as follows:

  1. A part-day school-age program that operates for less than 90 consecutive days per calendar year from the date the program opens to the date the program closes. This clarification does not apply to a legal entity that has a certificate of compliance to operate a child care center or group child care home and that increases its enrollment to include school-age children in the summer and on school holidays.
  2. A part-day school-age program that operates 2 hours or less per day for 3 or fewer days per week.
  3. A part-day school-age program that has a single purpose for the children’s attendance and that purpose is the only focus of the program. For example, basketball or art class.
  4. Tutoring programs that are licensed by or approved and funded by the Pennsylvania Department of Education (PDE), for example:
    1. Tutoring centers and educational testing and remedial centers licensed by PDE under 22 Pa. Code Chapters 61 and 63 (relating to tutoring centers and educational testing; and remedial centers).
    2. Educational assistance programs operated by school districts directly or by contract with an outside provider approved by PDE.
    3. Classroom Plus Programs.
    4. Supplemental Education Services Programs.
  5. A drop-in program where the child may come and go at will. 55 Pa. Code § 3270.3a.

 

Family Child Day Care Homes

This chapter [Family Child Day Care Homes] does not apply to the following:

  1. Care provided by relatives.
  2. Care furnished in places of worship during religious services. 55 Pa. Code § 3290.3(b).

 

Group Child Day Care Homes

This chapter [Group Child Day Care Homes] does not apply to:

  1. Care provided by relatives.
  2. Care furnished in places of worship during religious services.
  3. Care provided in a facility where the parent is present at all times child care is being provided.
  4. Care provided during the hours of instruction in nonpublic schools and in private nursery schools and kindergartens. 55 Pa. 3280.3(b).

This chapter is not applicable to a part-day school-age program for children who attend kindergarten or older but under 16 years of age as follows:

  1. A part-day school-age program that operates for less than 90 consecutive days per calendar year from the date the program opens to the date the program closes. This clarification does not apply to a legal entity that has a certificate of compliance to operate a child care center or group child care home and that increases its enrollment to include school-age children in the summer and on school holidays.
  2. A part-day school-age program that operates 2 hours or less per day for 3 or fewer days per week.
  3. A part-day school-age program that has a single purpose for the children’s attendance and that purpose is the only focus of the program. For example, basketball or art class.
  4. Tutoring programs that are licensed by or approved and funded by the Pennsylvania Department of Education (PDE), for example:
    1. Tutoring centers and educational testing and remedial centers licensed by PDE under 22 Pa. Code Chapters 61 and 63 (relating to tutoring centers; and educational testing and remedial centers).
    2. Educational assistance programs operated by school districts directly or by contract with an outside provider approved by PDE.
    3. Classroom Plus Programs.
    4. Supplemental Education Services Programs.
  5. A drop-in program where the child may come and go at will. grams). 55 Pa. Code § 3280.3a.

 

Current through August 2017. For a PDF of the 50-state dataset, click here (this is a large document - you may need to use the zoom function in order to read it). If you would like the spreadsheet version of the dataset, please email Natasha Frost at Natasha.Frost@mitchellhamline.edu.