Childcare Legislation

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….’

The Child Care Act 1991 has been amended to also include School age Childcare Regulations 2018 , and childminding services are also defined as:
‘a school age service …by a person who single-handedly takes care of school age children….’

A pre-school child is defined as being under six years of age, and not attending a national school or equivalent. A school age child is attending school.

Your childminding service MUST be registered with Tusla if you are minding more than 6 mixed aged children at any one time. A childminder who is required to register should apply to register as a pre-school childminder if they care for more pre-school children than school age children, and as a school age childminder if they care for more school age children than pre-school children.

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

  • 3 or less unrelated pre-school children or
  • Pre-school children from the same family only
  • 6 or less school age only children
  • 6 or less mixed age children (provided no more than 3 are pre-school)

For more information on Tusla’s registration requirements for numbers of children minded, click here.