Churches Are Not Exempt from State Licenses (original) (raw)
Churches Are Not Exempt from State Licenses Requiring a license does not violate constitutional rights of a church-run program 1 of 3Key point 13-02.1. In the Smith case (1990) the Supreme Court ruled that a neutral law of general applicability is presumably valid and need not be supported by a compelling government interest to be consistent with the first amendment, even if it interferes with the exercise of religion. * A Tennessee court ruled that a state law requiring church child care agencies to be licenses did not violate the constitutional rights of a church-run program that refused to seek a license. A church operated a "Bible School" from 6:00 a.m. to 6:00 p.m., Monday through Friday, during the regular school year. Children arrived and left at various times throughout the day and could stay for any number of hours based on their parents' needs. The Bible School enrolled children ages one to sixteen, and school-aged children were transported to and from their schools by church staff members. On days when schools were closed, the children could stay at the church all day. The Bible School enrollment mostly consisted of children of church members, but a few children were non-members who attended other churches. The church charged a weekly fee per child that varied by age. If the child only stayed at the church before or after school, the rates are reduced. While at Bible School, children learned Bible stories, scriptures, and songs, created Bible related arts and crafts projects, participated in learning centers, improved their writing, math, and reading skills, received help with their school homework, played inside and outside, took naps, and ate meals and snacks. The church began operating the Bible School in 2000. In 2004, the church's pastor contacted the fire department to determine whether the church's facilities were in compliance with local fire codes. A fire inspector determined that the Bible School was subject to "day-care occupancy" standards of the safety code, and found a number of fire code violations during the inspection. The fire department also informed the Department of Human Services that the church appeared to be operating a child care facility without a license. A few weeks later, members of the Department of Human Services ("DHS") visited the Bible School. They observed 36 preschool-aged children being cared for, and they were informed that older children would be returning from school that afternoon, for a total of 61 children enrolled that day. The DHS evaluators concluded that the church was operating a child care agency subject to licensure pursuant to state law. Tennessee law requires any "child care agency" to be licensed by the state, and defines a child care agency as "any place or facility operated by any person or entity that provides child care for 3 or more hours per day for at least 13 children who are not related to the primary caregiver." A letter was hand-delivered to the pastor, informing him of DHS's conclusion and the applicable licensing laws. The letter stated that if the church continued to operate the Bible School without a license beyond a specified date, DHS would pursue a court-ordered injunction. The church did not apply for a license, and DHS representatives observed children being dropped off at the Church the following week. As a result, DHS filed a complaint seeking injunctive relief against the Bible School, its director, and the pastor (the "defendants"). Specifically, the complaint alleged that the defendants could keep no more than four children for more than three hours per day without some type of license, and that DHS staff had observed 36 children at the church and were told that 61 were enrolled for that day. Therefore, DHS claimed that the defendants were operating a child care agency without a license in violation of state law. Your ChurchHome | Archives
Churches Are Not Exempt from State Licenses Requiring a license does not violate constitutional rights of a church-run program 
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Key point 13-02.1. In the Smith case (1990) the Supreme Court ruled that a neutral law of general applicability is presumably valid and need not be supported by a compelling government interest to be consistent with the first amendment, even if it interferes with the exercise of religion. * A Tennessee court ruled that a state law requiring church child care agencies to be licenses did not violate the constitutional rights of a church-run program that refused to seek a license. A church operated a "Bible School" from 6:00 a.m. to 6:00 p.m., Monday through Friday, during the regular school year. Children arrived and left at various times throughout the day and could stay for any number of hours based on their parents' needs. The Bible School enrolled children ages one to sixteen, and school-aged children were transported to and from their schools by church staff members. On days when schools were closed, the children could stay at the church all day. The Bible School enrollment mostly consisted of children of church members, but a few children were non-members who attended other churches. The church charged a weekly fee per child that varied by age. If the child only stayed at the church before or after school, the rates are reduced. While at Bible School, children learned Bible stories, scriptures, and songs, created Bible related arts and crafts projects, participated in learning centers, improved their writing, math, and reading skills, received help with their school homework, played inside and outside, took naps, and ate meals and snacks. The church began operating the Bible School in 2000. In 2004, the church's pastor contacted the fire department to determine whether the church's facilities were in compliance with local fire codes. A fire inspector determined that the Bible School was subject to "day-care occupancy" standards of the safety code, and found a number of fire code violations during the inspection. The fire department also informed the Department of Human Services that the church appeared to be operating a child care facility without a license. A few weeks later, members of the Department of Human Services ("DHS") visited the Bible School. They observed 36 preschool-aged children being cared for, and they were informed that older children would be returning from school that afternoon, for a total of 61 children enrolled that day. The DHS evaluators concluded that the church was operating a child care agency subject to licensure pursuant to state law. Tennessee law requires any "child care agency" to be licensed by the state, and defines a child care agency as "any place or facility operated by any person or entity that provides child care for 3 or more hours per day for at least 13 children who are not related to the primary caregiver." A letter was hand-delivered to the pastor, informing him of DHS's conclusion and the applicable licensing laws. The letter stated that if the church continued to operate the Bible School without a license beyond a specified date, DHS would pursue a court-ordered injunction. The church did not apply for a license, and DHS representatives observed children being dropped off at the Church the following week. As a result, DHS filed a complaint seeking injunctive relief against the Bible School, its director, and the pastor (the "defendants"). Specifically, the complaint alleged that the defendants could keep no more than four children for more than three hours per day without some type of license, and that DHS staff had observed 36 children at the church and were told that 61 were enrolled for that day. Therefore, DHS claimed that the defendants were operating a child care agency without a license in violation of state law. Your ChurchHome | Archives