(1) The following types of care do not
require a child care license or certificate from the department, but do require
the provider to meet the application and public notice requirements outlined in
this rule:
(a) care provided to a qualifying
child as part of a course of study at or a program administered by an
educational institution that is regulated by the boards of education of this
state, a private education institution that provides education in lieu of that
provided by the public education system, or by a parochial education
institution;
(b) care provided to a
qualifying child by a public or private institution of higher education, if the
care is provided in connection with a course of study or program, relating to
the education or study of children, that is provided to students of the
institution of higher education;
(c) care provided to a qualifying child at a
public school by an organization other than the public school, if:
(i) the care is provided under contract with
the public school or on school property; or
(ii) the public school accepts responsibility
and oversight for the care provided by the organization;
(d) care provided to a qualifying child as
part of a summer camp that operates on federal land pursuant to a federal
permit;
(e) care provided by an
organization that:
(i) qualifies for tax
exempt status under Section 501(c)(3), Internal Revenue Code;
(ii) provides care pursuant to a written
agreement with:
(A) a municipality that
provides oversight for the program; or
(B) a county that provides oversight for the
program; and
(iii)
provides care to a child who is over the age of four and under the age of
13;
(f) care provided to
a qualifying child at a facility where:
(i)
the parent or guardian of the qualifying child is physically present in the
building where the care is provided while the child is in care and the parent
or guardian is near enough to reach the child within five minutes if
needed;
(ii) the duration of the
care is less than four hours for an individual qualifying child in any one
day;
(iii) the care is provided on
a sporadic basis;
(iv) the care
does not include diapering a qualifying child; and
(v) the care does not include preparing or
serving meals to a qualifying child.
(2) Providers listed in this subsection shall
submit to the department, each year the program is open for business, an
application for verification of license exempt status on the form provided by
the department.
(3) Providers
listed in this subsection shall post, in a conspicuous location near the
entrance of the provider's facility, a notice prepared by the department that:
(a) states that the facility is exempt from
licensure and certification; and
(b) provides the department's contact
information for submitting a complaint.
(4) Substantiated complaint allegations
against providers listed in this subsection will be available to the public and
posted by the department on the Child Care Licensing website.
