23.0840.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2182
of North Dakota
Introduced by
Senators Lee, Axtman, Larsen
Representatives Pyle, M. Ruby, Schreiber-Beck
1 A BILL for an Act to amend and reenact section 50-11.1-02 of the North Dakota Century Code,
2 relating to the definition of early childhood services.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 50-11.1-02 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 50-11.1-02. Definitions. (Effective through June 30, 2025)
7 As used in this chapter, unless the context or subject matter otherwise requires:
8 1. "Authorized agent" means the human service zone, unless another entity is
9 designated by the department.
10 2. "Child care center" means an early childhood program licensed to provide early
11 childhood services to nineteen or more children.
12 3. "Department" means the department of health and human services.
13 4. "Drop-in care" means the care of children on a one-time, occasional, or unscheduled
14 basis to meet the short-term needs of families.
15 5. "Early childhood program" means any program licensed under this chapter where
16 early childhood services are provided for at least two hours a day for three or more
17 days a week.
18 6. "Early childhood services" means the care, supervision, education, or guidance of a
19 child or children, which is provided in exchange for money, goods, or other services.
20 Early childhood services does not include:
21 a. Substitute parental child care provided pursuant to chapter 50-11.
22 b. Child care provided in any educational facility, whether public or private, in grade
23 one or above.
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1 c. Child care provided in a kindergarten which has been established pursuant to
2 chapter 15.1-22 or a nonpublic elementary school program approved pursuant to
3 section 15.1-06-06.1.
4 d. Child care, preschool, and prekindergarten services provided to children under
5 six years of age in any educational facility through a program approved by the
6 department.
7 e. Child care provided in facilities operated in connection with a church, business, or
8 organization where children are cared for during periods of time not exceeding
9 four continuous hours while the child's parent is attending church services or is
10 engaged in other activities, on the premises.
11 f. Schools or classes for religious instruction conducted by religious orders during
12 the summer months for not more than two weeks, Sunday schools, weekly
13 catechism, or other classes for religious instruction.
14 g. Summer resident or day camps for children which serve no children under six
15 years of age for more than two weeks.
16 h. Sporting events, practices for sporting events, or sporting or physical activities
17 conducted under the supervision of an adult.
18 i. Head start and early head start programs that are federally funded and meet
19 federal head start performance standards.
20 j. Child care provided in a medical facility by medical personnel to children who are
21 ill.
22 k. A child care program certified by and in good standing with the United States
23 department of defense family child care certification program, in accordance with
24 department of defense instruction 6060.02, child development programs.
25 7. "Family child care" means a private residence licensed to provide early childhood
26 services for no more than seven children at any one time, except that the term
27 includes a residence licensed to provide early childhood services to two additional
28 school-age children.
29 8. "Four-year old program" means an approved child care program operated by a public
30 or private educational entity or an early childhood program designed to serve four-year
31 olds.
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1 9. "Group child care" means a child care program licensed to provide early childhood
2 services for thirty or fewer children.
3 10. "Household member" means an adult living in the private residence out of which a
4 program is operated, regardless of whether the adult is living there permanently or
5 temporarily.
6 11. "Human service zone" means a county or consolidated group of counties
7 administering human services within a designated area in accordance with an
8 agreement or plan approved by the department.
9 12. "In-home provider" means any person who provides early childhood services to
10 children in the children's home.
11 13. "Licensed" means an early childhood program has the rights, authority, or permission
12 granted by the department to operate and provide early childhood services.
13 14. "Multiple licensed program" means an early childhood program licensed to provide
14 more than one type of early childhood services.
15 15. "Owner" or "operator" means the person who has legal responsibility for the early
16 childhood program and premises.
17 16. "Parent" means an individual with the legal relationship of father or mother to a child or
18 an individual who legally stands in place of a father or mother, including a legal
19 guardian or custodian.
20 17. "Premises" means the indoor and outdoor areas approved for providing early
21 childhood services.
22 18. "Preschool" means a program licensed to offer early childhood services, which follows
23 a preschool curriculum and course of study designed primarily to enhance the
24 educational development of the children enrolled and which serves no child for more
25 than three hours per day.
26 19. "Public approval" means a nonlicensed early childhood program operated by a
27 government entity that has self-certified that the program complies with this chapter.
28 20. "Registrant" means the holder of an in-home provider registration document issued by
29 the department in accordance with this chapter.
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1 21. "Registration" means the process whereby the department maintains a record of all
2 in-home providers who have stated that they have complied or will comply with the
3 prescribed standards and adopted rules.
4 22. "Registration document" means a written instrument issued by the department to
5 publicly document that the registrant has complied with this chapter and the applicable
6 rules and standards as prescribed by the department.
7 23. "School-age child care" means a child care program licensed to provide early
8 childhood services on a regular basis for nineteen or more children aged five years
9 through eleven years.
10 24. "School-age children" means children served under this chapter who are at least five
11 years but less than twelve years of age.
12 25. "Self-declaration" means voluntary documentation of an individual providing early
13 childhood services in a private residence for up to five children through the age of
14 eleven, of which no more than three may be under the age of twenty-four months.
15 26. "Staff member" means an individual:
16 a. Who is an employee of an early childhood program or of an early childhood
17 services provider under a self-declaration;
18 b. Whose activities involve the care, supervision, or guidance of children of an early
19 childhood program; or
20 c. Who may have unsupervised access to children under the care, supervision, or
21 guidance of an early childhood program or early childhood services provider
22 under a self-declaration.
23 Definitions. (Effective after June 30, 2025)
24 As used in this chapter, unless the context or subject matter otherwise requires:
25 1. "Authorized agent" means the human service zone, unless another entity is
26 designated by the department.
27 2. "Child care center" means an early childhood program licensed to provide early
28 childhood services to nineteen or more children.
29 3. "Department" means the department of health and human services.
30 4. "Drop-in care" means the care of children on a one-time, occasional, or unscheduled
31 basis to meet the short-term needs of families.
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1 5. "Early childhood program" means any program licensed under this chapter where
2 early childhood services are provided for at least two hours a day for three or more
3 days a week.
4 6. "Early childhood services" means the care, supervision, education, or guidance of a
5 child or children, which is provided in exchange for money, goods, or other services.
6 Early childhood services does not include:
7 a. Substitute parental child care provided pursuant to chapter 50-11.
8 b. Child care provided in any educational facility, whether public or private, in grade
9 one or above.
10 c. Child care provided in a kindergarten which has been established pursuant to
11 chapter 15.1-22 or a nonpublic elementary school program approved pursuant to
12 section 15.1-06-06.1.
13 d. Child care, preschool, and prekindergarten services provided to children under
14 six years of age in any educational facility through a program approved by the
15 department.
16 e. Child care provided in facilities operated in connection with a church, business, or
17 organization where children are cared for during periods of time not exceeding
18 four continuous hours while the child's parent is attending church services or is
19 engaged in other activities, on the premises.
20 f. Schools or classes for religious instruction conducted by religious orders during
21 the summer months for not more than two weeks, Sunday schools, weekly
22 catechism, or other classes for religious instruction.
23 g. Summer resident or day camps for children which serve no children under six
24 years of age for more than two weeks.
25 h. Sporting events, practices for sporting events, or sporting or physical activities
26 conducted under the supervision of an adult.
27 i. Head start and early head start programs that are federally funded and meet
28 federal head start performance standards.
29 j. Child care provided in a medical facility by medical personnel to children who are
30 ill.
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1 k. A child care program certified by and in good standing with the United States
2 department of defense family child care certification program, in accordance with
3 department of defense instruction 6060.02, child development programs.
4 7. "Family child care" means a private residence licensed to provide early childhood
5 services for no more than seven children at any one time, except that the term
6 includes a residence licensed to provide early childhood services to two additional
7 school-age children.
8 8. "Group child care" means a child care program licensed to provide early childhood
9 services for thirty or fewer children.
10 9. "Household member" means an adult living in the private residence out of which a
11 program is operated, regardless of whether the adult is living there permanently or
12 temporarily.
13 10. "Human service zone" means a county or consolidated group of counties
14 administering human services within a designated area in accordance with an
15 agreement or plan approved by the department.
16 11. "In-home provider" means any person who provides early childhood services to
17 children in the children's home.
18 12. "Licensed" means an early childhood program has the rights, authority, or permission
19 granted by the department to operate and provide early childhood services.
20 13. "Multiple licensed program" means an early childhood program licensed to provide
21 more than one type of early childhood services.
22 14. "Owner" or "operator" means the person who has legal responsibility for the early
23 childhood program and premises.
24 15. "Parent" means an individual with the legal relationship of father or mother to a child or
25 an individual who legally stands in place of a father or mother, including a legal
26 guardian or custodian.
27 16. "Premises" means the indoor and outdoor areas approved for providing early
28 childhood services.
29 17. "Preschool" means a program licensed to offer early childhood services, which follows
30 a preschool curriculum and course of study designed primarily to enhance the
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1 educational development of the children enrolled and which serves no child for more
2 than three hours per day.
3 18. "Public approval" means a nonlicensed early childhood program operated by a
4 government entity that has self-certified that the program complies with this chapter.
5 19. "Registrant" means the holder of an in-home provider registration document issued by
6 the department in accordance with this chapter.
7 20. "Registration" means the process whereby the department maintains a record of all
8 in-home providers who have stated that they have complied or will comply with the
9 prescribed standards and adopted rules.
10 21. "Registration document" means a written instrument issued by the department to
11 publicly document that the registrant has complied with this chapter and the applicable
12 rules and standards as prescribed by the department.
13 22. "School-age child care" means a child care program licensed to provide early
14 childhood services on a regular basis for nineteen or more children aged five years
15 through eleven years.
16 23. "School-age children" means children served under this chapter who are at least five
17 years but less than twelve years of age.
18 24. "Self-declaration" means voluntary documentation of an individual providing early
19 childhood services in a private residence for up to five children through the age of
20 eleven, of which no more than three may be under the age of twenty-four months.
21 25. "Staff member" means an individual:
22 a. Who is an employee of an early childhood program or of an early childhood
23 services provider under a self-declaration;
24 b. Whose activities involve the care, supervision, or guidance of children of an early
25 childhood program; or
26 c. Who may have unsupervised access to children under the care, supervision, or
27 guidance of an early childhood program or early childhood services provider
28 under a self-declaration.
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Statutes affected:
INTRODUCED: 50-11.1-02
Enrollment: 50-11.1-02