R430-90-3. License Required

  (1) A person or persons shall be licensed under this rule if they provide child care:

  (a) in the home where they reside;

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

  (c) for 5 to 16 unrelated children;

  (d) for 4 or more hours per day;

  (e) on a regularly scheduled, ongoing basis; and

  (f) for direct or indirect compensation.

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

  (a) a person who cares for related children only; or

  (b) a person who provides care 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 care in a facility that is also licensed to offer foster or respite care services, or another licensed or certified human services program.