R430-8-3. License or Certificate and Background Check Not Required

  (1) The following types of care do not require a child care license or certificate from, or the submission of background check documents to, the Department:

  (a) Care provided on no more than two days during any calendar week;

  (b) Care provided in the home of the provider for less than four hours per day, or for fewer than five children in the home at one time;

  (c) Care provided in the home of the provider on a sporadic basis only;

  (d) Care provided by a facility or program owned or operated by an agency of the United States government;

  (e) a group counseling provided by a mental health therapist, as defined in Section 58-60-102, who is licensed to practice in this state;

  (f) a health care facility licensed pursuant to Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; or

  (g) care provided at a residential support program that is licensed by the Department of Human Services.