TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 170-E
CHILD DAY CARE, RESIDENTIAL CARE, AND CHILD-PLACING AGENCIES

Child Day Care Licensing

Section 170-E:3

    170-E:3 Exemptions; Child Endangerment Prohibited. –
I. The definitions in RSA 170-E:2, IV shall not apply to the following:
(a) Kindergartens, nursery schools, or any other daytime programs operated by a public or private elementary or secondary school system or institution of higher learning.
(b) Programs offering instruction to children, including but not limited to athletics, crafts, music, or dance, the purpose of which is the teaching of a skill.
(c) Private homes in which any number of the provider's own children, whether related biologically or through adoption, and up to 3 additional children are cared for regularly for any part of the day, but less than 24 hours, unless the caregiver elects to comply with the provisions of this chapter and be licensed.
(d) Child care services offered in conjunction with religious services attended by the parent or offered solely for the purpose of religious instruction.
(e) Facilities operated as a complimentary and limited service for the benefit of the general public in connection with a shopping center, ski area, bowling alley, or other similar operation where the parents or custodians of the serviced children are on the premises or in the immediate vicinity and are readily available.
(f) Municipal recreation programs, including after-school and summer recreation programs.
(g) Any recreational program as defined in RSA 170-E:2, XI-a.
(h) Private homes in which the only children in care are the provider's own children, children related to the provider, and children residing with the provider.
II. Persons administering programs exempted from licensing pursuant to this section shall be subject to the provisions of RSA 170-E:4, II.
III. Whenever a child day care that is license exempt under subparagraphs I(c), (e), (f), or (g) accepts a new child into the program, the provider shall inform the child's parent or legal guardian that the program is not licensed and is operating as a legally license exempt program.
IV. If a licensed child day care agency ceases operating as a licensed program and continues to provide child care services as a legally license exempt provider, it shall notify the department of the date it ceased being licensed, return its license to the department, and notify the parent or legal guardian of all children in the program or who enroll in the program that it is no longer licensed by the department.

Source. 1990, 257:8. 1994, 375:1. 1995, 114:1. 1998, 119:1. 2004, 235:1. 2005, 156:2, eff. Aug. 20, 2005. 2016, 161:6, eff. June 3, 2016.