family child care providers; exemption

HB4024 - 572R - I Ver

REFERENCE TITLE:
family child care providers; exemption

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4024

Introduced by

Representatives
M�rquez: Keshel, Marshall

AN
ACT

Amending section 36-884, Arizona
Revised Statutes; relating to child care programs.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-884, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-884.

Exemptions

This article does not apply to the care given to children by or
in:

1. The homes of parents or blood relatives.

2. A religious institution conducting a nursery in
conjunction with its religious services or conducting parent-supervised
occasional drop-in care.

3. A unit of the public school system, including
specialized professional services provided by school districts for the sole
purpose of meeting mandated requirements to address the physical and mental
impairments prescribed in section 15-771. If a public school
provides child care other than during the school's regular hours or for
children who are not regularly enrolled in kindergarten programs or grades one
through twelve, that portion of the school that provides child care is subject
to standards of care prescribed pursuant to section 36-883.04.

4. A regularly organized private school engaged in
an educational program that may be attended in substitution for public school
pursuant to section 15-802. If the school provides child care
beyond regular public school hours or for children who are not regularly
enrolled in kindergarten programs or grades one through twelve, that portion of
the school providing such care shall be considered a child care facility and is
subject to this article.

5. Any facility that provides training only in
specific subjects, including dancing, drama, music, self-defense or
religion and tutoring provided by public schools solely to improve school
performance.

6. Any facility that provides only recreational or
instructional activities to
school age

school-age
children who may enter into and depart from the facility at
their own volition.� The facility may require the children to document their
entrance into and departure from the facility.� This documentation does not
affect the exemption under this paragraph. The facility shall post a
notice stating it is not a licensed child care facility under section 36-882.

7. Any of the Arizona state schools for the deaf and
the blind.

8. A facility that provides only educational
instruction for children who are at least three and not older than six years of
age if all the following are true:

(a) The facility instructs only in the core subjects
of math, reading and science.

(b) The facility does not accept state-subsidized
tuition for the children.

(c) A child is present at the facility for not more
than two and one-quarter hours a day and not more than three days a week.

(d) The instruction is not provided in place of care
ordinarily provided by a parent or guardian.

(e) The facility posts a notice that the facility is
not licensed under this article.

(f) The facility requires fingerprint cards of all
personnel pursuant to section 36-883.02.

9. A facility that operates a day camp that provides
recreational programs to children if all of the following are true:

(a) The day camp is accredited by a nationally
recognized accrediting organization for day camps as approved by the
department.

(b) The day camp operates for less than twenty-four
hours a day and less than ten weeks each calendar year.

(c) The day camp posts a notice at the facility and
on its website that it is not licensed under the laws of this state as a child
care facility.

(d) The day camp provides programs only to children
who are at least five years of age.

(e) The day camp requires fingerprint cards of all
personnel pursuant to section 36-883.02.

10. A program or facility certified
as a family child care provider by a branch of the United States department of
defense or by the United States coast guard. This paragraph does not
apply to family child care providers who also provide child care services to
children who are not affiliated with a branch of the United States department
of defense or the United States coast guard.
END_STATUTE