A. Exemptions: The childcare facility and worker licensing requirements of this chapter do not apply to any of the following:
1. Health facility.
2. Clinic.
3. Any facility that:
a. Is a religious school for educational purposes for children over four (4) years of age and older; or
b. Is a public or private elementary school meeting the standards established by the State Board of Education, including that the facility operates during normally established school hours, and provides instruction for the same total number of teaching days and hours. Upon request by the City Clerk's Office, any public or private elementary school shall provide proof that such school is currently meeting State Board of Education school standards as required for childcare licensing exemption.
4. Any arrangement for the childcare of the niece, nephew, first or second generation cousin, grandchild, brother or sister, son or daughter, related either by blood or marriage to the childcare provider, unless childcare is at the same time being provided to an unrelated child. When determining the child/worker ratio within a licensed childcare facility, all related and unrelated children under the age of thirteen (13) shall be counted. The total number of related and unrelated children shall not exceed the number for which the facility is licensed.
5. Babysitting.
6. The provision of occasional care exclusively for children of parents who are simultaneously in the same building.
7. Any recreation program for children conducted by the Girl Scouts, Boy Scouts, Boys Club, Girls Club, Camp Fire or similar organization, and any day camps, programs and religious schools operating for less than twelve (12) weeks during a calendar year or not more often than once a week.
8. Any public recreation program.
9. Any person enrolled in a program that meets the standards established by the State Board of Education and has a curriculum requirement of interaction/observation at a childcare facility. This person shall not be counted in the child/worker ratio and shall be supervised at all times.
10. Any cooperative childcare arrangement between parents or guardians of children where no payment is involved, and where the childcare occurs in the home of the parents or guardians of one or more of the children for whom childcare is provided. This exemption may not be applied between parents or guardians of children in which childcare is provided for payment occasionally with one of the parties acting as a licensed childcare facility.
11. Any arrangement between the parent, guardian or person with the duties and powers of a guardian of a child or children and a close friend of the parent, guardian or person with the duties and powers of a guardian; provided, that such arrangement is not for financial profit, does not exceed ten (10) hours per week, and is not provided for the children of more than one family. Childcare provided pursuant to this subsection that exceeds ten (10) hours per week shall not be prohibited when provided on an occasional, nonrecurring, temporary basis for reasons, including, but not limited to, family emergencies, vacation or military leave. This exemption may not be applied between parents or guardians of children in which childcare is provided for payment occasionally with one of the parties acting as a licensed childcare facility.
12. Any agency, person, program, facility or institution defined as a health facility, as defined in section 3-6-5 of this chapter, and foster homes, children's residential care facilities, residential schools and substance abuse treatment facilities exempted from the licensing requirements of Idaho Code title 39, chapter 12, except those which provide only childcare as defined in section 3-6-5 of this chapter.
B. Criminal History And Background Checks Required: Notwithstanding the licensing exemptions set forth herein, any person who owns, operates or is employed by a private school for children four (4) through six (6) years of age, or a private kindergarten, shall comply with the criminal history check requirements in chapter 1, article A of this title and this chapter.
C. Licensing Opt-In: Any person who is otherwise exempt from the licensing requirements of this chapter may apply for any type of childcare license. Upon a determination that all applicable standards and qualifications of this chapter are met, the applicant shall be issued the license. Application fees shall be paid by the applicant prior to issuance of the license. (2019 Code)