1. A license for family child care is required if early childhood services are provided for four or more children ages twenty-four months and under, or six or seven children through age eleven at any one time which includes no more than three children under twenty-four months of age. 2. A license for group child care is required if early childhood services are provided for at least eight and no more than thirty children at any one time. 3. A license for a child care center is required if early childhood services are provided for more than thirty children at any one time. 4. Except as provided under subsection 5, a person may not establish or operate a family child care, group child care, preschool, school-age child care, or child care center unless licensed to do so by the department. 5. A governmental organization may not establish or operate a family child care, group child care, preschool, school-age child care, or child care center without first receiving public approval by certifying, to the department, that it has complied with all rules applicable to family child care, group child care, preschool, or school-age child care, or to child care centers. 6. A license is not required for onsite child care services located in the actual building in which the child's parent is employed, not to exceed ten children per location.
7. An applicant for a license shall submit the following nonrefundable fees with the application: a. The owner of a family child care applying for a license shall pay an annual license fee of twenty dollars or if the license is issued for a two-year period, a fee of thirty-five dollars. b. The owner of a group child care applying for a license shall pay an annual license fee of twenty-five dollars or if the license is issued for a two-year period, a fee of forty-five dollars. c. The owner of a preschool applying for a license shall pay an annual license fee of thirty dollars or if the license is issued for a two-year period, a fee of fifty-five dollars. d. The owner of a child care center applying for a license shall pay an annual license fee of forty dollars or if the license is issued for a two-year period, a fee of seventy-five dollars. e. The owner of a multiple licensed program applying for a license shall pay an annual license fee of fifty dollars or if the license is issued for a two-year period, a fee of ninety-five dollars. 8. An applicant for a license who currently holds a license or self-declaration shall submit the nonrefundable fees set forth in subsection 7 with the application at least sixty days and no more than ninety days before the expiration date of the applicant's current license or self-declaration. If the nonrefundable fees and application are submitted less than sixty days before the expiration date of the applicant's current license or self-declaration, the applicant shall submit with the application two times the nonrefundable fees set forth in subsection 7. 9. In addition to any criminal sanctions or other civil penalties that may be imposed pursuant to law, the owner of an early childhood program who, after being given written notice by the department, continues to provide early childhood services without a license as required by this section is subject to a civil penalty of fifty dollars per day for each day of operation without the required license. The civil penalty may be imposed by the courts or by the department through an administrative hearing pursuant to chapter 28-32. 10. All fees collected under subsections 7 and 8 must be paid to the department and must be used to defray the cost, to the department, of investigating, inspecting, and evaluating the applications or to provide training to providers. 11. Any hours of department-approved training related to child care which an applicant or staff member completes after submitting the fees and application as required under subsection 8 must be counted toward the licensing annual requirements for the following year.
50-11.1-03.1. Family child care home operator - Cardiopulmonary resuscitation certification. Repealed by S.L. 2009, ch. 422, § 27.
50-11.1-04. Application for license - Prerequisites for issuance - License granted - Term. 1. An application for operation of an early childhood program must be made on forms provided, in the manner prescribed, by the department. The department shall investigate the applicant's activities and proposed standards of care and shall make an inspection of all premises to be used by the early childhood program applying for a license. The applicant for a license and the staff members, and, if the application is for a program that will be located in a private residence, every individual living in that residence must be investigated in accordance with the rules adopted by the department to determine whether any of them has a criminal record or has had a confirmed decision for child abuse or neglect. The department may use the findings of the investigation to determine licensure. Except as otherwise provided, the department shall grant a license for the operation of an early childhood program within thirty days
of receipt of a completed application and all supporting documents by the department and upon a showing: a. The premises to be used are in fit and sanitary condition, are properly equipped to provide for the health and safety for all children, and are maintained according to rules adopted by the department; b. Staff members are qualified to fulfill the duties required of the staff members according to the provisions of this chapter and standards prescribed for staff member qualifications by the rules of the department; c. The application and supporting documents do not include any fraudulent or untrue representations; d. Neither the applicant nor anyone who is listed on the application has had a previous license or self-declaration denied or revoked within the twelve months before the date of the current application, unless waived by the department after the department considers the health and safety of children and the licensing history of the owner, operator, or applicant; e. Neither the applicant nor anyone who is listed on the application has had three or more previous licenses or self-declarations denied or revoked. The most recent revocation or denial may not have occurred within the three years immediately preceding the application date; f. The applicant paid its license fees and any penalties and sanctions previously assessed against the applicant or any program the applicant is associated with as required by sections 50-11.1-03 and 50-11.1-07.4; and g. Staff members have received training and are currently certified in infant and pediatric cardiopulmonary resuscitation, including the use of an automated external defibrillator by the American heart association, American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department, and are currently certified in first aid by a program approved by the department. 2. The license issued to an early childhood program may not be effective for longer than two years. 3. The department may consider the applicant's past licensing, self-declaration, and registration history in determining whether to issue a license. 4. The department may issue a provisional or restricted license in accordance with the rules of the department. The department shall consider issuing a provisional or restricted license before revoking a license. The department may require the applicant or licensee to provide a compliance plan to address compliance issues with this chapter and rules of the department. The department shall review the compliance plan before issuing a provisional or restricted license. The department shall approve the provisional license if the department approves the compliance plan. The department may revoke a license if the licensee fails to comply with the department approved compliance plan or for any additional violations of this chapter or rules of the department. 5. The department shall notify the licensee and operator that the licensee and operator are required to post a notice of late application at the early childhood program premises if the department has not received a completed application and all supporting documents for licensure or self-declaration renewal at least thirty days before the expiration date of the early childhood program's license.