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Policy section of Title 22 Regulations: <br />'M158 EXEMPTION FROM LICENSURE <br />4. Does the facility claim exemption pursuant to Health and Safety Code Section 1596.793 as a <br />rip vote recreation program? <br />If no, refer to #5. <br />If yes, not subject to licensure provided the criteria in Health and Safety Code Section 1596.792 <br />are met. <br />Health and Safety Code <br />§ 1596.792. Excluded facilities and arrangements <br />This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section <br />1597.30) do not apply to any of the following: <br />(a) Any health facility, as defined by Section 1250. <br />(b) Any clinic, as defined by Section 1202. <br />(c) Any community care facility, as defined by Section 1502. <br />(d) Any family day care home providing care for the children of only one family in addition to the <br />operators own children. <br />(e) Any cooperative arrangement between parents for the care of their children where no payment is <br />involved and the arrangement meets all of the following conditions: <br />(1) In a cooperative arrangement, parents shall combine their efforts so that each parent, or set of <br />parents, rotates as the responsible care giver with respell to all the children in the cooperative. <br />(2) Any person caring for children shall be a parent, legal guardian, stepparent, grandparent, aunt, <br />uncle, or adult sibling of at least one of the children in the cooperative. <br />(3) There can be no payment of money or receipt of in-kind income in exchange for the provision of <br />care. This does not prohibft in-kind contributions of snacks, games, toys, blankets for napping, pillows, <br />and other materials parents deem appropriate for their children. It is not the intent of this paragraph to <br />prohibit payment for outside activities, the amount of that may not exceed the actual cost of the activity. <br />(4) No more than 12 children are receiving care in the same place at the same time. <br />(f) Any arrangement for the receiving and care of children by a relative. <br />„ <br />(g) Any public recreation program. Public recreation program' means a program operated by the <br />state, city, county, special district, school district, community college district, chartered city, or chartered <br />city and county that meets either of the following criteria: <br />(1) The program is operated only during hours other than normal school hours for grades K-12, <br />inclusive, in the public school district where the program is located, or operated only during periods <br />when students in grades K-12, inclusive, are normally not in session in the public school district where <br />the program is located, for either of the following periods: <br />(A) For under 16 hours per week <br />(B) For a total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks <br />within any 12- <br />month period, without regard to whether the weeks are consecutive. <br />In determining "normal school hours" or periods when students are "normally not in session," the State <br />Department of Social Services shall, where appropriate, consider the normal school hours or periods <br />when students are normally not in session for students attending ayear-round school. <br />(2) The program is provided to children who are over the age of four years and nine months and not yet <br />enrolled in school and the program is operated during either of the following periods: <br />(A) For under 16hours per week. <br />(B) For a total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks <br />within any 12- <br />