for DayCare Centers
104 - CHURCH-OPERATED
- Act 245 of 1983 defines those facilities that may apply for an exemption
from the obtaining of a license to operate a child care facility and the process
through which such exemption may be granted. The facility must be operated
by a church or group of churches and be exempt from the State Income Tax levied
by Act 118 of 1929, as amended. The person or persons in charge of such a
facility shall submit a written request to the Division for such exemption
along with the following:
- a. Verification of exemption from State Income Tax;
- b. Verification that the facility is operated by a church or group of churches;
- c. Verification that the facility has been inspected annually and meets
the applicable fire safety and health standards; and
- d. Certification from the facility that it is in substantial compliance
with published standards that similar nonexempt child care facilities are
required to meet.
- The Division shall review each request for a church-operated exemption
and reply in writing within 60 days from receipt of such request.
- The facility shall be visited by Division staff to verify the facility's
substantial compliance with the published standards prior to the consideration
and review by the Division.
- The Division shall consider each request for exemption and shall
review the Division staff's written report in determining a facility's substantial
compliance with published standards.
- If a facility claims and states the belief that a particular standard
is of a religious or curriculum nature the Division shall consider and make
a determination on the statements that shall then be a final action subject
to review under the Administrative Procedures Act.
- Written notification of an exemption shall be made to the facility
stating the maximum number of children allowable, the dates of exemption and
any other conditions by which an exemption is granted.
- Division staff shell have the authority to visit any church-operated
exempt facility to review, advise and verify the maintenance of substantial
compliance at the direction of the Division.