Pa. Code 3800.3

This section lists the facility and program types that are exempt from Chapter 3800, including Department-operated child residential facilities, transitional living residences in private homes, residential camps, private academic schools, foster care homes, IDD family living and community homes, mental health community residences serving mixed age groups, drug and alcohol residential facilities licensed under separate chapters, child day care facilities, and private homes caring for relatives. Operators of these exempt facility types are not subject to Chapter 3800's requirements and instead fall under their respective licensing chapters. Compliance staff should use this section to confirm whether a given facility is out of scope for Chapter 3800.

55 Pa. Code § 3800.3 - Exemptions 

 State Regulations 

 Compare

This chapter does not apply to the following:

(1)
 Child residential and child day treatment
 facilities operated directly by the Department.

(2)
 Transitional living residences which are
 located in freestanding private residences.

(3)
 Residential camps for children who are
 enrolled in a grade or educational level higher than kindergarten which operate
 for fewer than 90 days per year.

(4)

 Residential children's schools which are licensed and operated solely as
 private academic schools or registered and operated solely as nonpublic
 nonlicensed schools by the Department of Education.

(5)
 Foster care homes that are licensed under
 Chapter 3700 (relating to foster family care agency).

(6)
 Family living homes for children with an
 intellectual disability that are licensed under Chapter 6500 (relating to
 family living homes).

(7)
 Community
 homes for individuals with an intellectual disability that provide care to both
 children and adults in the same facility and that are licensed under Chapter
 6400 (relating to community homes for individuals with an intellectual
 disability).

(8)
 Community
 residences for individuals with mental illness that provide care to both
 children and adults in the same facility or community residential host homes
 for individuals with mental illness that are certified under Chapter 5310
 (relating to community residential rehabilitation services for the mentally
 ill).

(9)
 Drug and alcohol
 residential facilities that provide care exclusively to residents whose sole
 need is the treatment of drug and alcohol dependence and that are licensed
 under 28 Pa. Code Chapters 701, 704 and 709 (relating to general provisions;
 staffing requirements for drug and alcohol treatment activities; and standards
 for licensure of freestanding treatment facilities).

(10)
 Child day care facilities certified or
 registered under Chapter 3270, 3280 or 3290 (relating to child day care
 centers; group child day care homes; and family child day care
 homes).

(11)
 Private homes of
 persons providing care to a relative, except homes in which children live with
 their own children but no other relative, unless the home is a transitional
 living residence that is exempt from this chapter under paragraph
 (2).

Notes

55

 Pa. Code §
 
3800.3

The
 provisions of this § 3800.3 amended June 17, 2016, effective
 
6/18/2016
, 46 Pa.B.
 3177.

The provisions of this § 3800.3 amended under
 Articles IX and X of the Human Services Code (
62 P.S. §§
 
901
-
922
 and
 
1001
-
1088
).

This section cited in 55 Pa. Code §
 
3800.2
 (relating to
 applicability); and 55 Pa. Code §
 
3800.5
 (relating to
 definitions).

State regulations are updated quarterly; we currently have two versions available.
 Below is a 
comparison between our most recent version and the prior quarterly release.

 More comparison features will be added as we have more versions to compare.

 No prior version found.

 State Regulations Toolbox