(1)This part 3 does not
apply to:
(a)Special schools or classes operated primarily for religious instruction or
for a single skill-building purpose, as defined in department rule;
(b)A child care facility that is approved, certified, or licensed by any other
state agency, or by a federal government department or agency, that has standards
for operation of the facility and inspects or monitors the facility;
(c)Facilities operated in connection with a church, shopping center, or
business where children are cared for during short periods of time while parents,
persons in charge of such children, or employees of the church, shopping center, or
business whose children are being cared for at such location are attending church
services at such location or shopping, patronizing, or
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(1) This part 3 does not
apply to:
(a) Special schools or classes operated primarily for religious instruction or
for a single skill-building purpose, as defined in department rule;
(b) A child care facility that is approved, certified, or licensed by any other
state agency, or by a federal government department or agency, that has standards
for operation of the facility and inspects or monitors the facility;
(c) Facilities operated in connection with a church, shopping center, or
business where children are cared for during short periods of time while parents,
persons in charge of such children, or employees of the church, shopping center, or
business whose children are being cared for at such location are attending church
services at such location or shopping, patronizing, or working on the premises of
any such business;
(d) Occasional care of children that has no apparent pattern and occurs with
or without compensation;
(e) The care of a child by a person in the person's private residence when the
parent, guardian, or other person having legal custody of such child gives consent
to such care and when the person giving such care is not regularly engaged in the
business of giving such care; or
(f) (I) An individual who provides less than twenty-four-hour child care in the
individual's permanent place of residence when one of the following conditions is
met:
(A) The children being cared for are related to the caregiver, are children
who are related to each other as siblings from a single family that is unrelated to
the caregiver, or a combination of such children; or
(B) There are no more than four children being cared for, with no more than
two children under two years of age from multiple families, regardless of the
children's relation to the caregiver.
(II) An individual providing child care in a place of residence authorized
pursuant to subsection (1)(f)(I) of this section shall notify the parents of the children
in the individual's care that the individual is operating under a legal license
exemption and that the state has not verified the health and safety of the care
setting or performed background checks on the individual or anyone else residing in
the residence.
(III) On or before July 1, 2021, and every year thereafter, the department shall
report the number of complaints filed against child care providers who are claiming
an exemption from licensing pursuant to subsection (1)(f)(I)(B) of this section.
(IV) This subsection (1)(f) is repealed, effective September 1, 2026.
(2) As used in this section, short periods of time means fewer than three
hours in any twenty-four-hour period.
(3) A licensee or governing body that has had its license suspended pursuant
to section 24-4-104 or has received a final agency action resulting in the revocation
of a license issued pursuant to this part 3 is prohibited from operating pursuant to
subsection (1) of this section, except when the children being cared for are related
to the caregiver.
(4) The department shall provide education and information in an accessible
manner, in plain language, and in prevalent languages on the state licensing
website for child care providers who are exempt pursuant to this section but are
interested in becoming a licensed child care provider.
(5) On or before December 31, 2021, and ongoing thereafter, the department
shall report on the portion of its state child care provider website that is accessible
to families, and in an accessible and prominent manner, the name and location of
any child care provider who is operating outside the exemptions described in this
section and to whom one or more cease-and-desist orders have been issued. If more
than one cease-and-desist order has been issued to the same provider, the website
must include the total number of such orders. This requirement for website posting
for child care providers who are operating outside the exemptions described in this
section must be made public by electronic means, in a consumer-friendly and easily
accessible format, organized by provider, and include the date or dates of the
cease-and-desist order or orders.