1 States that Exempt Faith-Based Providers from Child Care Licensing During the 2011 legislative session of the Georgia General Assembly, Senate Bill 152 was introduced proposing exemptions of faith - based Providers from certain aspects of Georgia's Department of Early Care and Learning child care licensing requirements. In an effort to educate child care advocates and others on how other States address licensing exemptions for Faith-Based Providers , Voices for Georgia's Children developed the following chart. The original source for the list of licensed States is the Child Care and Development Fund's summary of state plans. This summary was supplemented by information taken from the websites of state child care agencies. States vary in the definitions used for licensing and registration requirements. Therefore, except in cases where paraphrasing helped to clarify meaning, the original language from each source was preserved. State1 Licensing--Health & Safety Background Checks Additional Information Requirements2.
2 Alabama Programs operated by church All Providers are Providers Exempt from licensure include centers ministries/religious nonprofit subject to background operated by the following: religious or Faith-Based elementary schools are not checks. organizations, state agencies, local governments, subject to licensing. military facilities and programs that operate less than 4. hours a 1. States in this column denoted with an asterisk require that all child care Providers participating in the federal Child Care and Development Fund (CCDF). be licensed in accordance with state law, but they may allow for certain licensing exemptions for Faith-Based Providers that do not receive CCDF funds. States without this asterisk may allow Faith-Based Providers to receive CCDF funding while also exempting them from certain licensing requirements. For more details about the CCDF, visit the Department of Health & Human Services, Administration for Children and Families at 2. All information from this column was taken from the Child Care and Development Fund Report of State and Territory Plans, FY 2010-2011.
3 Department of Health & Human Services, Administration for Children and Families, Office of Family Assistance. 3. Childcare Resources. Alabama Licensing Regulations for Child Care Centers and Nighttime Centers. Retrieved from Compiled by Voices for Georgia's Children Page 1 of 8. Updated June 27, 2011. *Arkansas All Providers are subject to All Providers are *Church-operated programs may be exempted from licensing. subject to background licensing if they are able to verify the following: checks. --Exemption from State Income Tax. --The facility is operated by a church or group of churches. --The facility has been inspected annually and meets the applicable fire safety and health standards. --Certification from the facility that it is in substantial compliance with published standards that similar nonexempt child care facilities are required to *Colorado All center- based Providers and All Providers are *A child care license is not required for a special group-home Providers are subject to background school or class in which more than 75 percent of the subject to licensing.
4 Checks. time that children are present is spent in religious instruction. Religious instruction is defined to include such developmentally appropriate children's activities as worship, singing religious songs, listening to religious stories, learning and practicing religious cultural activities, and participating in religious celebrations. Colorado law and state regulations do not exclude child care programs from licensing just because traditional religious values or philosophy are an integral part of the child care program. Religious institutions that operate child care programs are required to be 4. Arkansas Department of Health & Human Services, Division of Child Care and Early Childhood Education Child Care Licensing Unit. Minimum Licensing Requirements for Child Care Centers. Retrieved from 5. Colorado Department of Human Services. Legal Exemption from a Child Care License. Retrieved from Compiled by Voices for Georgia's Children Page 2 of 8. Updated June 27, 2011.
5 Florida Programs that are part of All Providers are --Religious- Exempt programs that are an integral part of churches or parochial schools subject to background a church or a parochial school and programs operated and programs operated and checks with the and staffed directly by public or nonpublic schools are staffed by public or nonpublic exception of relatives Exempt from licensure in Florida. schools are Exempt . and in-home care --All unlicensed Providers must comply with ** Providers must keep records Providers . background screening of their personnel in accordance of injuries or accidents but are with chapter 435, Florida Statutes. not subject to reporting --Religious- Exempt programs must be accredited by, or requirements of serious injuries. must be a member of an organization that requires compliance with its published standards for health, safety, and If a center chooses to become licensed, it cannot then withdraw from licensing and continue to operate. *Georgia All Providers are subject to All Providers are *Exemption from licensure is provided to Faith-Based licensing.
6 Subject to background child care learning centers that are accredited by a state, checks. regional, or national accrediting agency for religious education A center that is licensed by Georgia's Department of Early Care and Learning (DECAL) may request an exemption if the center's program is an integral part of an established religious congregation or religious school that conducts regularly scheduled classes, courses of study, or educational programs and is a member of or accredited by or certified by a state, regional, or national accrediting agency approved by 6. Child Care and Development Fund Plan for Florida, FFY 2010-2011. Effective October 1, 2009. 7. Child Care and Development Fund Plan for Georgia, FFY 2010-2011. Effective October 1, 2009. 8. Georgia Rule : Licenses, Commissions, and Exemptions. Compiled by Voices for Georgia's Children Page 3 of 8. Updated June 27, 2011. Illinois Programs operated by religious All Providers are The following day programs are Exempt from licensure organizations are Exempt from subject to background as day care centers to the extent that their services are licensing.
7 Checks. provided exclusively to children who have attained the age of 3 years: --Programs providing primarily religious education as part of the instructional program of an elementary school operated by a church or religious organization which also meet the following criteria: A) Receive no governmental aid or assistance other than exemption from taxation as a non-profit organization;. B) Comply with the fire safety standards;. C) Comply with the standards of the Illinois Department of Public Health or the local health department; and D) Either offers classes for the first through the sixth grade or offers classes from the levels of nursery school or kindergarten through at least the first grade with a plan to offer classes through the sixth grade within five Indiana Religious organizations are not All Providers are Center- based programs that are Exempt from licensing: subject to licensing. subject to background --A program whose primary purpose is to provide **Only licensed centers are checks.
8 Social, recreational, or religious activities for school age subject to reporting of serious children, such as scouting, boys club, girls club, sports, injuries requirements; no or the arts. timeframe is specified. --A child care ministry registered under IC Child care ministry", for purposes of IC , means child care operated by a church or religious 9. Illinois Department of Children and Family Services. Title 89: Social Services. Chapter III: Department of Children and Family Services Subchapter d: Licensing Administration. Part 377: Facilities and Programs Exempt from Licensure. February 15, 2004. Retrieved from 10. Child Care and Development Fund Plan for Indiana, FFY 2010-2011. Effective October 1, 2009. Compiled by Voices for Georgia's Children Page 4 of 8. Updated June 27, 2011. ministry that is a religious organization Exempt from federal income taxation under Section 501 of the Internal Revenue Exempt programs accept children of any age for religious ministry programs; all Exempt programs must comply with state health and safety All religious ministry programs are subject to inspection at least semi annually and must comply with the rules set forth by the division for child care ministries.
9 Indiana Code and Indiana Code All religious ministry programs are required to inform the public that they are Exempt from licensure requirements in any advertisement. Indiana Code 12- Massachusetts Centers are Exempt from All Providers are licensing if they are part of a subject to background public or private organized checks with the educational system (a school or exception of in-home facility operated by a religious relative Providers . institution caring for children during short periods of time). Missouri All Providers are licensed with All Providers are According to state law, center- based programs operated the exception of school- based subject to background by religious organizations or as a part-day nursery facilities and those operated by checks. school are required to follow health and safety religious organizations. requirements, but are Exempt from following other ** Providers are not subject to licensing requirements such as staff/child ratios, 11. Indiana Family and Social Services Administration.
10 Retrieved from 12. Apollon, D., Corral, V., & Kurland, S. Underprotected, Undersupported: Low-Income Children at Risk. The Applied Research Center Childcare Report, April 2009. Retrieved from Compiled by Voices for Georgia's Children Page 5 of 8. Updated June 27, 2011. reporting serious injuries discipline practices, and staff training. Programs run by requirements. public schools such as Title I and some after-school programs are also not required to be licensed. Facilities may voluntarily become New Center- based Providers All Providers are Hampshire operated for religious subject to background instruction are not subject to checks. licensing. *North All center- based Providers are All Providers are * Faith-Based Providers (defined as any child care Carolina subject to licensing. subject to background facility or summer day camp operated by a church, checks. synagogue, or school of religious charter) are Exempt from some regulations, including staff qualifications and training and activities for children (sections 8, 11, and 12 of ).