AR Code § 20-78-206 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-206. Division of Child Care and Early Childhood Education — Rules

 (a)  (1)  (A) The Division of Child Care and Early Childhood Education shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of a childcare facility.  (B) In developing proposed rules, the division shall consult with the Secretary of the Department of Health or his or her designated representative in regard to rules relating to health.    (2)  (A)  (i) However, no childcare facility shall continue to admit a child who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and any other diseases as designated by the State Board of Health within fifteen (15) program days after the child's original admission.  (ii) The immunization shall be evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization. The division shall consult with the Secretary of the Department of Education or his or her designated representative in regard to rules relating to education.    (B)  (i) The provisions of subdivision (a)(2)(A) of this section pertaining to immunizations shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian.  (ii) The parents or legal guardian of the child shall complete an annual application process developed in the rules of the Department of Health for medical, religious, and philosophical exemptions.  (iii) The rules developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to:  (a) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection;  (b) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination;  (c) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and  (d) A signed statement of understanding that:  (1) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and  (2) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school.      (iv) No exemptions may be granted under this subdivision (a)(2)(B) until the application process has been implemented by the Department of Health and completed by the applicant.  (v) Furthermore, the provisions of subdivision (a)(2)(A) of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability.      (3) The Secretary of the Department of Health and the Secretary of the Department of Education and their designated representatives are directed to cooperate with and assist the division in developing rules in the respective areas of health and education.  (4) In developing these rules, the division shall consult with such other agencies, organizations, or individuals as it shall deem appropriate.  (5) Rules promulgated by the division pursuant to this section may be amended by the division from time to time, provided that any amendment to the rules shall be published and furnished to all licensed childcare facilities and to all applicants for a license at least sixty (60) days before the effective date of the amendment.    (b) In establishing requirements and standards for the granting, revocation, refusal, and suspension of a license for a childcare facility, the division shall adopt such rules as will:  (1) Promote the health, safety, and welfare of children attending a childcare facility;  (2) Promote safe, comfortable, and healthy physical facilities for the children who attend the childcare facility;  (3) Ensure adequate supervision of the children by capable, qualified, and healthy individuals;  (4) Ensure appropriate educational programs and activities; and  (5) Ensure adequate and healthy food service where food service is offered by the childcare facility.    (c)  (1) Questions between providers and the division concerning substantial compliance with the published standards, founded licensing complaints, denials of alternative compliance requests, and adverse actions shall first be appealed through the division's internal appeal process and then may be appealed through the Child Care Appeal Review Panel for determination.  (2) The division shall follow the procedures prescribed for adjudication in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in exercising any power authorized by § 20-78-213.    (d) If, upon the filing of a petition for a judicial review, the reviewing court enters a stay prohibiting enforcement of a decision of the division, the court shall complete its review of the record and announce its decision within one hundred twenty (120) days of the entry of the stay. If the court does not issue its findings within one hundred twenty (120) days of the issuance of the stay, the stay shall be considered vacated.  (e) All rules promulgated pursuant to this section shall be reviewed by the Senate Committee on Children and Youth or an appropriate subcommittee thereof and the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs.  (f)  (1) Any person with reasonable cause to suspect that a childcare facility has violated any provision of this subchapter or any rule of the division may immediately notify the Department of Human Services.  (2) The Department of Human Services shall not release data that would identify the person who made the report or who cooperated in a subsequent investigation of a childcare facility unless a court of competent jurisdiction orders the release of information for good cause shown.  (3) Following the inspection and investigation of a childcare facility as provided under this subsection, the Department of Human Services shall, upon request, provide information to the person or agency reporting the suspected violation as to whether an investigation has been conducted.  (4) Willfully making false notification pursuant to this subsection shall be a Class C misdemeanor.