Coverage of the Crib Rule Summary: Child Care Facilities, Foster Care, Churches

This page is a summary on federal requirements on cribs for child care facilities, foster care, and churches.

Summary

Covered by the crib rule

  • Child care facility and family child care home (as defined below)
  • Public residential facility
  • Church owned or operated child care that provides child care services for a fee or that pays a person (or persons) to care for children

Not covered by the crib rule

  • In-home care in the child’s own home or care provided by the child’s relative
  • Foster home care provided for child 24/7 that is a private residence
  • Child care arrangement in which volunteers provide care, e.g., during church service

The new federal requirements apply to cribs made available for use in child care facilities and family child care homes.

A child care facility or center provides child care services, which can include early learning opportunities, for a fee, in a nonresidential setting and are usually, although not always, licensed by the state. A child care facility or center provides care and education to any number of children in a nonresidential setting, although the term can include a facility or center operating in a residential setting, where care is provided to 13 or more children, if the facility is open on a regular basis.

A family child care home provides child care services, which can include early learning opportunities, for a fee, in a residential setting, usually in a home other than that of the child or children for whom care is provided, although the child or children of the caregiver may also attend. Family child care homes can be licensed, but the requirements for licensure vary by state. Regulations from the U.S. Department of Health and Human Services provide that the caregiver in a family child care home generally provides child care services for fewer than 24 hours per day, per child, in a residence, other than the child’s residence, unless care in excess of 24 hours is due to the nature of the parent(s)’ work.

Arrangements where a child or children are cared for in their home ("in-home care" or "care by a relative") by a relative or a nanny are excluded from the definition of "family child care home." These arrangements are characterized by the in-home nature of the care or the fact that the parties are related (i.e., care is provided by a grandmother or another family relation).

If a child care facility or family child care home is licensed, it is likely offering cribs for use that are covered by the new crib rule. However, just because a family child care home is not licensed in a particular state does not mean that the facility is not covered by the crib rule.

A foster care home where the child is cared for 24/7 and resides in the foster care home, which is a private residence, is not a "family child care home." A public residential facility where a child is cared for 24/7 is a "place of public accommodation," and is covered by the crib rule.

If a church owns or operates a child care facility and pays a person or people to care for children, that child care center is covered by the CPSC’s crib rule. However, if the child care arrangement at a church involves parents (or others) volunteering to care for children during church service (and no one is paid to care for the children), this arrangement is not covered by the crib rule.

This document was developed by the CPSC staff, has not been reviewed or approved by, and may not necessarily reflect the views of, the Commission.