§ 390. Child day care; license or registration required. 1.\nDefinitions. (a) (i) "Child day care" shall mean child care where a\nlicense or registration pursuant to this section is required and shall\ninclude care for a child on a regular basis provided away from the\nchild's residence for less than twenty-four hours per day by someone\nother than: (1) the parent, step-parent, guardian, or relative within\nthe third degree of consanguinity of the parents or step-parents of such\nchild; or (2) an enrolled legally-exempt provider as such term is\ndefined in paragraph (g) of this subdivision.\n (ii) Child day care shall not refer to care provided in:\n (A) a day camp, as defined in the state sanitary code;\n (B) an after-school program operated for the purpose of religious\neducation, sports, or recreation;\n (C) a facility:\n (1) providing day services under an operating certificate issued by\nthe department;\n (2) providing day treatment under an operating certificate issued by\nthe office of mental health or the office for people with developmental\ndisabilities; or\n (D) a kindergarten, pre-kindergarten, or nursery school for children\nthree years of age or older, or after-school program for children\noperated by a public school district or by a private school or academy\nwhich is providing elementary or secondary education or both, in\naccordance with the compulsory education requirements of the education\nlaw, provided that the kindergarten, pre-kindergarten, nursery school,\nor after school program is located on the premises or campus where the\nelementary or secondary education is provided. Provided however, a\nkindergarten or a pre-kindergarten operated by a public school district\nshall not be considered a child day care if the kindergarten or\npre-kindergarten is not located on the premises or campus where the\nelementary or secondary education is provided.\n (b) "Child day care provider" shall mean any individual, association,\ncorporation, partnership, institution or agency whose activities include\nproviding child day care or operating a home or facility where child day\ncare is provided.\n (c) "Child day care center" shall mean any program or facility caring\nfor children for more than three hours per day per child in which child\nday care is provided by a child day care provider except those programs\noperating as a group family day care home as such term is defined in\nparagraph (d) of this subdivision, a family day care home, as such term\nis defined in paragraph (e) of this subdivision, and a school-age child\ncare program, as such term is defined in paragraph (f) of this\nsubdivision.\n (d) "Group family day care home" shall mean a program caring for\nchildren for more than three hours per day per child in which child day\ncare is provided in a family home for seven to twelve children of all\nages, except for those programs operating as a family day care home, as\nsuch term is defined in paragraph (e) of this subdivision, which care\nfor seven or eight children. A group family day care provider may\nprovide child day care services to four additional children if such\nadditional children are of school age and such children receive services\nonly before or after the period such children are ordinarily in school\nor during school lunch periods, or school holidays, or during those\nperiods of the year in which school is not in session. There shall be\none caregiver for every two children under two years of age in the group\nfamily home. A group family day care home must have at least one\nassistant to the operator present when child day care is being provided\nto seven or more children when none of the children are school age, or\nnine or more children when at least two of the children are school age\nand such children receive services only before or after the period such\nchildren are ordinarily in school or during school lunch periods, or\nschool holidays, or during those periods of the year in which
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