Report Title:

Child Care Facility; Exemptions

 

Description:

Clarifies exemptions to Hawaii's child care licensing laws.  (HB3399 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

3399

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO CHAPTER 346, HAWAII REVISED STATUTES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 346-151, Hawaii Revised Statutes, is amended by amending the definition of "family child care home" to read as follows:

     "Family child care home" means a private residence, including a home, apartment, unit, or townhouse, as those terms are defined in section 502C-1, at which care may be provided for three to no more than six children who are unrelated to the caregiver by blood, marriage, or adoption, at any given time[.]; provided that a private residence, including a home, apartment, unit, or townhouse, as those terms are defined in section 502C-1, where up to two persons living in the same household each provide care for two or fewer children unrelated to the caregiver by blood, marriage, or adoption, shall not be considered a family child care home."

     SECTION 2.  Section 346-152, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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[.]; provided that up to two persons living in the same household may each provide care for two or fewer children unrelated to the caregiver by blood, marriage, or adoption."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.