§346-152  Exclusions; exemptions.  (a) Nothing in this part shall be construed to include:

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

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

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

(4)  A program that provides exclusively for aspecialized training or skill development for children, including but notlimited to programs providing activities such as athletic sports, foreignlanguage, the Hawaiian language, dance, drama, music, or martial arts;

(5)  A multiservice organization or communityassociation, duly incorporated under the laws of the State that operates forthe purpose of promoting recreation, health, safety, or social group functionsfor eligible pupils in public and private schools through seventeen years ofage;

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

(7)  A provider agency operating or managing ahomeless facility or any other program for homeless persons authorized underpart VII of chapter 356D;

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

(9)  Child care programs for children five years ofage 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 caringcapacity and only cares for children who are of that household; and

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

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

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

(d)  Any person asserting an exemption underthis section shall cooperate with the department in investigations relating tounlicensed child care. [L 1985, c 208, pt of §2; am L 1986, c 79, §1; am L1988, 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]

 

Attorney General Opinions

 

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