A childminder is not obliged to register with TUSLA unless they are minding more than 3 pre-school children but no more than 5. There are also exemptions as outlined below;
Should a childminder wish to register with TUSLA for 3 or less children even though they are not required to do so under the current regulation, they can do so but will be under the current criteria outlined by the regulations of 5 or less children. They will be inspected for having up to 5 children regardless of their number of 3 or less. They will have to meet all the criteria set out by the regulations to be placed on the register including minimum qualifications or its equivalent as deemed by The Minister, Garda vetting of all household members and space requirements etc.
How many children can a childminder care for?
A childminder can care for no more than 5 preschool children in his/her home at any given time. This includes the childminders own early years children, unless the childminder is applicable to the exceptions for childminders. No more than two of the children can be under the age of 15 months (except where the children are siblings) including the childminders own children
What are the exemptions in relation to childminders?
The exemptions from provision of Part 12 of the Child and Family Agency Act 2013 are set down under 58L as follows:
If you mind no more than 3 children under the age of 18 at any one time, you will also be able to claim the Childminders tax relief.
Under local planning laws
If you mind more than 6 children of any age, including your own, you must get change of use planning permission from your local council.
In rented accommodation
Local councils may allow tenants to mind up to 6 children at a time, including their own children, once the service is HSE approved.
Private renters do not have any legal right to mind children. Some owners allow it and some don’t. You must get permission from the owner.
In either case, you should make sure that you have appropriate insurance to cover the service.