§ 3270.3. Applicability.

 (a)  This chapter applies to facilities in which out-of-home care is provided, at any one time, for part of a 24-hour day to seven or more children, 15 years of age or younger, including:

   (1)  Care provided to a child at the parent’s work site when the parent is not present in the child care space.

   (2)  Care provided in private or public, profit or nonprofit facilities.

   (3)  Care provided before or after the hours of instruction in nonpublic schools and in private nursery schools and kindergartens.

 (b)  This chapter does not apply to:

   (1)  Care provided by relatives.

   (2)  Care furnished in places of worship during religious services.

   (3)  Care provided in a facility where the parent is present at all times child care is being provided.

   (4)  Care provided during the hours of instruction in nonpublic schools and in private nursery schools and kindergartens.

 (c)  A legal entity seeking to operate a child day care facility as defined in this chapter shall apply for an initial or renewal certificate of compliance in accordance with the requirements established in Chapter 20 (relating to licensure or approval of facilities and agencies).

 (d)  Requirements relating to programs serving only school-age children are in §  3270.241 (relating to requirements specific to school-age programs).

Notes of Decisions

   Promulgating Regulations

   The Department of Public Welfare has the authority to promulgate regulations under Article IX of the Public Welfare Code requiring nonprofit day care facilities to have a certificate of compliance in order to operate. St Elizabeth’s Day Care Center v. Department of Public Welfare, 963 A.2d 1274 (Pa. 2009).

Cross References

   This section cited in 55 Pa. Code §  3270.241 (relating to requirements specific to school-age programs).



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