Section 5-A101. APPLICABILITY

 

101.1 A Child Development Facility that is licensed (“Licensee”), required to be licensed, or applying for a license shall comply with the requirements of this chapter, and with all applicable federal and District of Columbia laws and regulations.

 

101.2 Unless specifically exempted, the provisions of this chapter shall apply to a Child Development Facility that is licensed, required to be licensed, or applying for a license under the Facilities Act and this chapter, and their respective staff.

 

101.3 The phrase “Child Development Facility” (“Facility”), as defined in this chapter, includes any person or persons, or entity or organization, whether organized formally or informally, unless specifically exempted:

 

(a) That provides care, education, and other services, supervision, and guidance for more than two (2) infants, toddlers, and children that are not related, on a regular basis;

 

(b) Includes the administration, program, and premises of a Child Development Facility, other parts of the building housing the Facility, and adjoining grounds over which the administrator has direct control; and

 

(c) Includes:

 

(1) A Child Development Center (“Center”);

 

(2) A Child Development Home;

 

(3) An Expanded Child Development Home (“Expanded Home”); and

 

(4) An Out-of-School-Time (OST) Program.

 

101.4 Except as provided in Subsection 101.5, no person shall either directly or indirectly operate a Facility, for any purpose, until a license has been issued to that person stating that the use complies with the provisions of this chapter and all applicable federal and local laws and regulations.

 

101.5 The following child development services shall be exempt from obtaining a license to operate a Facility:

 

(a) Occasional babysitting in a babysitter’s home or a child’s home for the children of one (1) family;

 

(b) Care provided in a child’s home by a caregiver paid for by a child’s family;

 

(c) Care provided for more than one (1) child in a Nanny-Share, as defined in this chapter;

 

(d) Informal or occasional parent-supervised play groups;

 

(e) Adult gyms or clubs that provide temporary babysitting as a benefit in order for members to utilize services;

 

(f) Adult education programs that provide child care services while parent(s) are on the same campus as the child attending a class or education program for a temporary period of time;

 

(g) Child-centered businesses that solely provide sessions, classes or activities including, but not limited to, tutoring, music, dance, sport, or art, while parent(s) or guardian(s) remain on the business’ premises;

 

(h) Care provided in places of worship during religious services;

 

(i) Care provided by a related person, as defined in this chapter;

 

(j) Facilities operated by the Federal Government on Federal Government property, except that a private entity utilizing space in or on Federal government property is not exempt unless Federal law specifically exempts the Facility from the District of Columbia’s regulatory authority;

 

(k) A District of Columbia public school or public charter school providing education services to children in grades pre-K-3 through twelfth (12th) grade during a full school day;

 

(l) A private school providing education services to children in grades pre-K- through twelfth (12th) grade during the a full school day; and

 

(m) A community based organization providing only pre-K education services to pre-K age children pursuant to the Pre-k Act and funded by OSSE;

 

(n) Facilities that provide only before school care, only after school care, or only summer camp to school age children; and

 

(o) Facilities otherwise exempted by law.

 

101.6 A Facility that has entered into a Child Care Subsidy Provider Agreement with the District of Columbia shall comply with the terms of such Provider Agreement in addition to the provisions of this chapter. 

 

 

authority

Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99.

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).