§346-152  Exclusions; exemptions.  (a) 
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 VII of chapter 356D;



(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.



(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]



 



Attorney General Opinions



 



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