reglab/housing_qa huggingface dataset:
AR Code § 20-78-209 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-209. License — Religious exception — Definitions

 (a) Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929, § 26-51-101 et seq., when operating a childcare facility shall be exempt from obtaining a license to operate the childcare facility upon the receipt by the Division of Child Care and Early Childhood Education of written request therefor. A written request shall be made by those churches desiring exemption to the division, which is mandated under the authority of this subchapter to license all childcare facilities.  (b)  (1) In order to maintain an exempt status, the childcare facility shall maintain in its files verification that its childcare facility has met the required fire, safety, and health inspections on an annual basis and is in substantial compliance with published standards that similar nonexempt childcare facilities are required to meet.  (2) Visits to review and advise exempt childcare facilities shall be made as deemed necessary by the division to verify and maintain substantial compliance with all published standards for nonexempt childcare facilities.  (3) Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child is not endangered.  (4) Standards for corporal punishment shall be as established by present rules unless alternative compliance is granted by the division.    (c)  (1) Any questions of substantial compliance with the published standards, adverse actions, founded licensing complaints, and denied requests for alternative compliance shall be appealed first through the division's internal appeal process and then may be appealed to the Child Care Appeal Review Panel for determination.  (2) Final administrative actions of the division shall be pursued by either party in the court of competent jurisdiction in the resident county of the childcare facility under review.  (3) Challenge to the constitutionality or reasonableness of any rule or statute may be made before any appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.    (d) As used in this section, the term “substantial compliance” and as used in §§ 20-78-201 — 20-78-206, 20-78-208, 20-78-210 — 20-78-214, and 20-78-218, the term “is being operated in accordance with this act” shall each mean that a church-operated exempt or a nonexempt childcare facility is being operated within the minimum requirements for substantial compliance as promulgated by the division. It is the intent and purpose of this section that the term “substantial compliance” be applicable to all childcare facilities.  (e) This section is cumulative to all other acts heretofore enacted.
AR Code § 20-78-210 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-210. License — Application and issuance

 (a) Any person, partnership, group, corporation, organization, or association desiring to operate a childcare facility shall first make application for a license for a childcare facility to the Division of Child Care and Early Childhood Education on the application forms furnished for this purpose by the division.  (b) The division shall act on any application within sixty (60) days after it has been received by the division.  (c) If an applicant meets the requirements of this subchapter and the published rules of the division regarding minimum standards for a childcare facility, then the applicant shall be granted a license by the division as a childcare facility. This license shall continue in effect until revoked or suspended as provided in this subchapter.  (d) In issuing a license for a childcare facility, the division may limit the number of children who may be served by that childcare facility.  (e) In issuing an initial license or reviewing a current license for a childcare facility, the division shall require that during regular business hours at least one (1) adult member of the staff who is certified in infant and child cardiopulmonary resuscitation shall be present within the physical confines of the childcare facility.
AR Code § 20-78-211 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-211. License — Provisional

 (a) If the Division of Child Care and Early Childhood Education finds that an applicant for a childcare facility meets the licensing requirements for a childcare facility in the main and has a reasonable expectation of correcting deficiencies in a reasonable time, then the division may, in its discretion, issue a provisional license for a childcare facility.  (b) The provisional license shall be in effect for a reasonable time, which time shall be specified in the provisional license.  (c) Issuance of provisional licenses shall be in accordance with the published rules adopted by the division in accordance with this subchapter.
AR Code § 20-78-212 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-212. License — Nontransferability

 (a) A license for a childcare facility shall apply only to the address and location stated on the application and license issued, and it shall not be transferable from one holder of the license to another or from one (1) place to another.  (b) If the location of a childcare facility is changed or the owner of the childcare facility is changed, then the license for that childcare facility shall automatically be revoked upon such a change.
AR Code § 20-78-213 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-213. License — Denial, revocation, or suspension

 (a) The Division of Child Care and Early Childhood Education shall have the power to deny, revoke, or suspend a license for a childcare facility if an applicant or licensee has failed to comply with the provisions of this subchapter or any published rule of the division, subject to appeal before the Child Care Appeal Review Panel.  (b) If a license is denied, revoked, or suspended, the denial, revocation, or suspension shall be effective when made. The division shall notify the applicant or licensee of the action in writing and set out the basis for the denial, revocation, or suspension of the license.
AR Code § 20-78-214 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-214. Inspections and investigations of childcare facilities and personnel — Child abuse

 (a) The Division of Child Care and Early Childhood Education or any other agency of the State of Arkansas which the division asks to assist it is authorized to make an inspection and investigation of any proposed or operating childcare facility and of any personnel connected with that childcare facility to the extent that an inspection and investigation is required to determine whether this childcare facility will be or is being operated in accordance with this section and with the published rules of the division for childcare facilities.  (b) However, the division or any other public agency having authority or responsibility with respect to child abuse shall have the authority to investigate any alleged or suspected child abuse in any childcare facility. Nothing contained in this section shall be construed to limit or restrict that authority.
AR Code § 20-78-215 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-215. Child sexual abuse — Federal funds — Legislative intent

 (a)  (1) By the enactment of this section, it is the specific intent of the General Assembly to ensure that the State of Arkansas may qualify for the maximum amount of federal funds made available through Pub. L. No. 98-473 or any subsequent and related federal legislation enacted for use in reducing the incidence of child sexual abuse.  (2) Specifically, rules promulgated by the Secretary of the Department of Human Services pursuant to this section may address federally mandated requirements for employment history and background checks and nationwide criminal record checks, as may be necessary in accordance with the provisions of Pub. L. No. 92-544, for all operators, staff, or employees, or prospective operators, staff, or employees of the childcare facilities or programs as defined in this section.    (b) In order to enable the State of Arkansas to fully participate and share in federal funds made available to the states through the Social Services Block Grant Act, or otherwise for the purposes of reducing and eliminating the incidence of child sexual abuse in childcare facilities, as defined in § 20-78-202(2), the secretary is authorized at his or her discretion to promulgate, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., rules implementing such federal requirements as may be placed upon the states to qualify for the funds.  (c) Persons, other than the State of Arkansas, shall not acquire actionable right by virtue of this section.
AR Code § 20-78-216 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-216. Records and reports

 The Division of Child Care and Early Childhood Education may by published rules require that a licensed childcare facility keep and make available to the division records and periodic reports as shall be necessary to assist the division in determining whether the requirements of this subchapter and of the division's rules regarding childcare facilities are being complied with.
AR Code § 20-78-217 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-217. Smoking prohibited — Legislative intent

 (a) Whereas, health authorities have established that smoking is not conducive to good health and that children exposed to smoking face a potential health hazard, therefore, it is the intent of the Seventy-Fifth General Assembly to ban smoking in the physical confines of the day care centers licensed by the Division of Child Care and Early Childhood Education.  (b) The division is directed to promulgate sufficient rules to ensure that state licensing requirements for day care center operations contain a stipulation which bans smoking within the physical confines of each day care center.
AR Code § 20-78-218 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-218. Administration of subchapter

 The Division of Child Care and Early Childhood Education shall continue to be the administrative agency to administer the provisions of this subchapter in accordance with the rules and standards for the licensing and operation of childcare facilities as promulgated by the division.
AR Code § 20-78-219 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-219. Fines and penalties — Disposition of funds

 (a) If any licensee fails to pay any monetary fine imposed as a civil penalty within sixty (60) days of the Division of Child Care and Early Childhood Education's decision imposing the penalty, the amount of the fine shall be considered to be a debt owed the State of Arkansas and may be collected by civil action.  (b)  (1) All fines and penalties collected under the provisions of this subchapter shall be special revenues to be deposited into the State Treasury to the credit of a special fund to be known as the “Child Care Fund”, to be used by the division to meet the costs of conducting the statewide criminal records checks required under § 20-78-606 or to provide grants to childcare facilities for enhancement of the childcare facility or for training of personnel in childcare facilities under the direction of the division.  (2) Subject to those rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Human Services is authorized to transfer all unexpended funds relative to the fines and penalties collected from childcare facilities as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
AR Code § 20-78-220 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-220. Persons or facilities abusing juveniles in their custody

 (a) If a juvenile is found to be abused or neglected due to the acts or omissions of a person other than the parent or guardian of the juvenile, the court may enter an order restraining or enjoining the person or facility employing that person from providing care, training, education, or supervision of juveniles of whom the person or facility is not the parent or guardian.  (b) If the person or facility restrained or enjoined was not subject to this subchapter, the court may order the person or facility to obtain a license from the Division of Child Care and Early Childhood Education of the Department of Human Services as a condition precedent to the person or facility providing care, training, education, or supervision of any juveniles of which the person or facility is not the parent or guardian. If the court so orders, this subchapter shall thereafter apply to the persons or facility subject to the court order.  (c)  (1) Information pertaining to child maltreatment is confidential under the Child Maltreatment Act, § 12-18-101 et seq.  (2) The division may receive information from any investigative agency on child maltreatment cases conducted within a childcare facility and relative to licensure under this subchapter, including specific allegations, a factual description of the investigative findings, and the investigative determination.  (3) The division shall accept the investigative determinations of the appropriate investigative agencies for consideration in any action on childcare facility licenses.
AR Code § 20-78-221 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-221. Voluntary registration

 (a) Registry. There shall be created a voluntary registry of day care family homes that are not required by this subchapter to be licensed by the Division of Child Care and Early Childhood Education. The registry shall be maintained by the division.  (b) Procedure for Registration. Day care family homes exempt from licensure may voluntarily register the home with the registry established, operated, and maintained by the division. A person wishing to participate in the voluntary registry shall make an application to the division. Upon receipt of the application, the division shall review the applicant's written application, qualifications, and proposed operation to determine compliance with registry rules. The division shall issue a certificate of registration to the applicant which authorizes the applicant to operate a registered day care family home only upon final determination of an applicant's compliance with the rules established for registration.  (c) Rules.  (1) The division is authorized to establish rules that a day care family home shall meet in order to be registered by the Department of Human Services.  (2) The division shall have the right to enter and inspect a registered day care family home if there is reason to believe that the home is in violation of the registry rules and to ensure compliance with the rules established by the division.    (d) Removal or Denial of Registration. If after review of the submitted application, it is determined that the day care family home is not in compliance with the rules for the registry as established by the division, the division shall immediately deny or remove the home from the registry. Upon removal from the registry, a day care family home may no longer be considered a registered home.  (e) Right to Appeal.  (1) A person whose registration has been denied or who is removed from the voluntary registry due to violation of rules may appeal the action to the department in accordance with Arkansas law and state rules.  (2) The appeal does not stay the denial or removal from the registry.    (f) Renewal of Registration.  (1) The registration of the day care family home shall continue in effect until removed as provided in this subchapter.  (2) The division shall have the right to investigate and inspect the premises when there is reason to believe that violations exist and to make sure that the home is still in compliance with the rules established for the voluntary registry of day care family homes.    (g) Surrender of Registration. At any time, the owner of the registered day care family home may voluntarily surrender his or her certificate of registration. Upon surrender, that home shall be removed from the registry of day care family homes operated by the division.
AR Code § 20-78-222 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-222. Continuing education

 (a)  (1) All persons employed by a childcare facility who work directly with children shall receive at least ten (10) hours per year of continuing early childhood education as approved by the Division of Child Care and Early Childhood Education of the Department of Human Services.  (2) Topics appropriate for continuing early childhood education shall include, but not be limited to, the following:  (A) Child growth and development;  (B) Nutrition and food service;  (C) Parental communication and involvement;  (D) Curricula and curriculum development;  (E) Developmentally appropriate practice and learning environments;  (F) Behavior management;  (G) Emergency care and first aid; and  (H) Administration and management of early childhood programs.      (b) Evidence satisfactory to the division of each employee's completion within the past twelve (12) months of continuing education shall be maintained by the childcare facility as part of the childcare facility's personnel records.  (c) The failure of a childcare facility to comply with this requirement shall be grounds for the denial, revocation, or suspension of a license issued pursuant to this subchapter.
AR Code § 20-78-223 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-223. License fees — Disposition

 (a) The Division of Child Care and Early Childhood Education of the Department of Human Services shall not issue or maintain a license to a childcare facility unless the license fee is paid at the annual licensing or renewal date. The license fee is:  (1) Fifteen dollars ($15.00) per year for childcare facilities serving fewer than seventeen (17) children;  (2) Fifty dollars ($50.00) for childcare facilities serving seventeen (17) to ninety-nine (99) children; and  (3) One hundred dollars ($100) per year for childcare facilities serving one hundred (100) or more children.    (b) The division shall transmit the fees monthly to the Treasurer of State to be deposited as special revenues into the Child Care Fund.
AR Code § 20-78-224 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-224. Child Care Fund

 (a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, the Child Care Fund, to be administered by the Division of Child Care and Early Childhood Education of the Department of Human Services.  (b) The division shall certify each month the amount of fees collected and deposited to the fund and shall transmit, from funds appropriated for the maintenance and operation of the division, an amount of money equal to one-half (½) of the fees transmitted to the Treasurer of State.
AR Code § 20-78-225 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-225. Child safety alarm devices

 (a) All agencies or childcare facilities licensed by the Department of Human Services under this subchapter or the Child Welfare Agency Licensing Act, § 9-28-401 et seq., that transport children shall have approved child safety alarm devices installed on any vehicles designed or used to transport more than seven (7) passengers and one (1) driver.  (b)  (1) All such vehicles in active child transportation service before July 1, 2005, shall have a child safety alarm device installed by a qualified technician or mechanic no later than December 31, 2005.  (2) On or after July 1, 2005, each newly acquired vehicle placed in child transportation service shall have a child safety alarm installed before placing the vehicle into service.  (3) Any agencies or childcare facilities required to have approved child safety alarm devices installed in a vehicle shall ensure that the devices are maintained and are in proper working order any time that the vehicle is in use for transporting children.    (c) The department shall:  (1) Maintain a list of approved child safety alarm devices; and  (2) Promulgate rules as necessary for the proper implementation of this section.    (d) Contingent upon the availability of funding for this purpose, the department may provide reimbursement to agencies or childcare facilities required under this section to retrofit vehicles in service before July 1, 2005, but the requirement to have approved child safety alarm devices in vehicles as required under this section shall not be contingent on the availability of funding or upon an agency's or a childcare facility's eligibility for reimbursement.
AR Code § 20-78-226 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 78 - Child Care|Subchapter 2 - Childcare Facility Licensing Act|§ 20-78-226. Violation

 (a) It shall be unlawful to transport children in a vehicle that is required to have an approved child safety alarm device as provided under § 20-78-225 if the approved child safety alarm device:  (1) Has not been installed;  (2) Is not in proper working condition; or  (3) Has been disconnected.    (b) Any person who knowingly violates the provisions of this section shall be guilty of a Class A misdemeanor.