R381-70-3. License Required

  (1) A person or persons shall be licensed as an out-of-school-time program if they provide services:

  (a) in the absence of the child's parent;

  (b) in a place other than the provider's home or the child's home;

  (c) for 5 or more qualifying children;

  (d) for each individual child for less than 24 hours per day;

  (e) on an ongoing basis, on 3 or more days a week and for 30 or more days in a calendar year;

  (f) either for 2 or more hours per day on days when school is in session for the child receiving services and 4 or more hours per day on days when school is not in session for the children receiving services, or the provider offers services for 4 or more hours per day on days when school is not in session for the children receiving services;

  (g) to children who are at least 5 years of age; and

  (h) for direct or indirect compensation.

  (2) The Department may not license, nor is a license required for:

  (a) a person who serves related children only, or

  (b) a person who provides services on a sporadic basis only.

  (3) According to Foster Care Services rule R501-12-4(8)(f), a provider may not be licensed to provide child services in a facility that is also licensed to offer foster or respite care services, or another licensed or certified human services program.