Definitions [Effective until Jan. 1, 2023].

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For the purpose of this chapter:

(1) “Child care” means:

a. Any person, association, agency or organization which:

1. Has in custody or control 1 child or more under the age of 18 years, unattended by parent or guardian, for the purpose of providing the child or children with care, education, protection, supervision or guidance.

2. Is compensated for their services.

3. Advertises or holds himself, herself or itself out as conducting child care.

b. The provision of, or arranging for, the placement of children in foster care homes, adoptive homes or supervised independent living arrangements pursuant to the provisions of Title 31.

c. Family child care homes, large family child care homes, child care centers, child placing agencies, residential child care facilities and day treatment programs as currently defined by regulation. Child care centers operating part-or full-day are subject to licensure. Homes in which children have been placed by any child placing agency properly licensed to place children in this State shall not be regarded as “child care.”

(2) “Department” means the Department of Education.

(3) “Office of Child Care Licensing” or “OCCL” means the Office of Child Care Licensing within the Department of Education.


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