R381-100-3. License Required

  (1) A person or persons shall be licensed as a child care center if they provide care:

  (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 children,

  (d) for 4 or more hours per day,

  (e) for each individual child for less than 24 hours per day,

  (f) on an ongoing basis for 4 or more weeks in a year, and

  (g) 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.