2012 Hawaii Revised Statutes
TITLE 20. SOCIAL SERVICES
346. Department of Human Services
346-152 Exclusions; exemptions.

Note

Part heading amended by L 2001, c 201, §3.

Cross References

Early education program, see §§296-81 to 83.

Early intervention services for infants and toddlers, see §§321-351 to 354.

Attorney General Opinions

Licensing of church-sponsored day care programs constitutional. Att. Gen. Op. 85-25.

A. General

§346-152 Exclusions; exemptions. (a) [Subsection effective until June 30, 2013. For subsection effective July 1, 2013, see below.] Nothing in this part shall be construed to include:

(1) A person caring for children related to the caregiver by blood, marriage, or adoption;

(2) A person, group of persons, or facility caring for a child less than six hours a week;

(3) A kindergarten, school, or program licensed by the department of education;

(4) A program that provides exclusively for a specialized training or skill development for children, including but not limited to programs providing activities such as athletic sports, foreign language, the Hawaiian language, dance, drama, music, or martial arts;

(5) A multiservice organization or community association, duly incorporated under the laws of the State that operates for the purpose of promoting recreation, health, safety, or social group functions for eligible pupils in public and private schools through seventeen years of age;

(6) Programs for children four years of age and older that operate for no more than two consecutive calendar weeks in a three-month period;

(7) A provider agency operating or managing a homeless facility or any other program for homeless persons authorized under part XVII;

(8) After-school, weekend, and summer recess programs conducted by the department of education pursuant to section 302A-408;

(9) Child care programs for children five years of age and older conducted by counties pursuant to section 302A-408; provided that each county adopts rules for its programs;

(10) Any person who enters a home in a child caring capacity and only cares for children who are of that household; and

(11) A person caring for two or fewer children unrelated to the caregiver by blood, marriage, or adoption.

(a) [Subsection effective July 1, 2013. For subsection effective until June 30, 2013, see above.] Nothing in this part shall be construed to include:

(1) A person caring for children related to the caregiver by blood, marriage, or adoption;

(2) A person, group of persons, or facility caring for a child less than six hours a week;

(3) A kindergarten, school, or child care program licensed by the department of education, the charter school review panel, the Hawaii council of private schools, or any federal agency;

(4) A program that provides exclusively for a specialized training or skill development for children, including but not limited to programs providing activities such as athletic sports, foreign language, the Hawaiian language, dance, drama, music, or martial arts;

(5) A multiservice organization or community association, duly incorporated under the laws of the State that operates for the purpose of promoting recreation, health, safety, or social group functions for eligible pupils in public and private schools through seventeen years of age;

(6) Programs for children four years of age and older that operate for no more than two consecutive calendar weeks in a three-month period;

(7) A provider agency operating or managing a homeless facility or any other program for homeless persons authorized under part XVII;

(8) After-school, weekend, and summer recess programs conducted by the department of education pursuant to section 302A-408;

(9) Child care programs conducted by counties pursuant to section 302A-408; provided that each county adopts rules for its programs;

(10) Any person who enters a home in a child caring capacity and only cares for children who are of that household; and

(11) A person caring for two or fewer children unrelated to the caregiver by blood, marriage, or adoption.

(b) Staff members of programs taught solely in Hawaiian that promote fluency in the Hawaiian language shall be exempt from any rules requiring academic training or certification.

(c) Minimum health and safety requirements or standards as required by federal law may be imposed on any of the groups listed in this section that provide child care services and are reimbursed with federal funds.

(d) Any person asserting an exemption under this section shall cooperate with the department in investigations relating to unlicensed child care. [L 1985, c 208, pt of §2; am L 1986, c 79, §1; am L 1988, c 125, §2; am L 1991, c 212, §5; am L 1992, c 114, §1; am L 1997, c 250, §1 and c 350, §17; am L 1998, c 212, §3; am L 2002, c 33, §2; am L 2007, c 249, §21; am L 2010, c 89, §5; am L 2012, c 163, §1]

Attorney General Opinions

No exemption for child care program connected with religious organization or offering some religious instruction. Att. Gen. Op. 85-25.