State inspectors from the Department of Human Services have been to the Priest Lake Community Baptist Church before, and on Monday they were back - inspecting what state regulators say is an unlicensed child care facility. With three children in one building and seven in another, inspectors entered the church's facilities to verify the numbers, checking sign-up sheets for Monday and last week. DHS Child Care Licensing Director Ann Turner said, "We found what we need to verify more than five kids are being taken care of for more than three hours. And it doesn't matter whether its five or 500, its illegal." Despite a temporary injunction last May barring the church from operating without a license, Priest Lake has refused to stop its program again this fall. "We believe we should be exempt from the current law as it relates to day care licensing because we're not a daycare," said Priest Lake member Linda Witt. Priest Lake maintains that it's a church, teaching for the most part its own children in a so-called "Bible camp". Brian Frederick, who has children at the facility, said, "The state has no authority over the church. The state has authority over the state. This is the church." DHS regulates hundreds of child care facilities in the state, including more than 500 run by faith-based organizations. But Priest Lake maintains that what it does with a full-day "Bible camp" is different than the others. "For the most part, they are operating as a daycare. They have gotten a license, they are operating under the umbrella of the daycare, so that's the difference," said Witt. A Chancery Court chancellor didn't see it that way last May, issuing the temporary injunction barring the church from operating what DHS contends is a child-care facility. On Monday, state inspectors returned to the church to gather evidence to find Priest Lake in violation. Turner said, "What we do is we show the court what the injunction's being violated, daycare's going on, and then its up to the court to decide what they want to do." But priest lake church says it has nothing to hide. Witt said, "We are the church. We are teaching our children. We do not advertise as a daycare and that's basically what we want to happen from this whole situation, that we be exempt from that because we are the church." On Monday, DHS attorneys filed papers in Chancery Court, seeking to stop the church from operating. The standoff between church and state, which has already gone on for months now, is unlikely to be resolved anytime soon. It will likely be in the courts for days and even weeks to come. As a church, Priest Lake says it wants an exemption from state licensing. But DHS says its obligated to protect the safety of children and the church daycare must be licensed.

Mike Browning for News 2 at 4 and 5 pm 8.24.04

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