R430-8-4. Background Check and Public Notice Required

  (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 background check 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) of the Internal Revenue Code;

  (ii) provides care pursuant to a written agreement with:

  (A) a municipality, as defined in Section 10-1-104, 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 at all times physically present in the building where the care is provided 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 annually to the Department 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 posted by the Department on the Child Care Licensing website.