1. Except as provided under subsection 2, for the purpose of determining the number of children receiving early childhood services, all children present on the premises and under the age of twelve years must be counted for an in-home, self-declaration, family child care, group child care, child care center, and preschool. 2. An in-home, self-declaration, family child care, and group child care provider's own child, foster child, or grandchild over the age of eleven are exempt for the purpose of determining the number of children receiving early childhood services under this section. 3. For the purpose of determining the number of children receiving early childhood services, all children present on the premises aged at least five years through age eleven must be counted for school-age child care. 4. All children present are protected by this chapter regardless of whether money is received or goods or other services are received for their care.
50-11.1-02.2. Smoking prohibited on premises where early childhood services are provided. As provided by section 23-12-10, smoking is not permitted on the premises where early childhood services are provided. For purposes of sections 23-12-09 and 23-12-10, a person providing early childhood services as a registrant or pursuant to a self-declaration is considered a child care facility subject to licensure by the department.