Childcare Legislation

Child Care Act 1991

In the Child Care Act 1991 Early Years Services Regulations 2016, childminding is defined as:

‘a pre-school service …by a person who single-handedly takes care of pre-school children….’

A preschool child is defined as being under six years of age, and not attending a national school or equivalent.
Your childminding service MUST be registered with Tusla if you are caring for 4 or more unrelated preschool children at any one time in your own home. Your service will be inspected under the regulations and you can mind up to 5 pre-school children, including your own and related children, with no more than two babies under 15 months.

However, your Childminding Service is exempt and you are NOT required to register with TUSLA, if, you care for:

  • three or fewer unrelated pre-school children, or
  • preschool children from the same family, or
  • school-going children only.

These exemptions exclude your own children in each case. You may be able to notify your service to your local Childcare Committee.