Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 22 - Division of Child Care and Early Childhood Education › Rule 016.22.20-005 - Minimum Licensing Requirements (Child Care Centers, Licensed Child Care Family Homes, Out-Of-School Time Facilities, & Registered Child Care Family Homes)

Current through Register Vol. 49, No. 6, June, 2024
Minimum Licensing Requirements for Child Care
				Centers
100
CHILD CARE
			 LICENSING
101
Related Laws and
			 Requirements
1. The "Child Care
			 Facility Licensing Act" Ark. Code Ann. §§
										20-78-201 to
			 -220, as amended, is the statutory authority for licensing child care
			 facilities. This act created the Division of Child Care and Early Childhood
			 Education (DCCECE) and authorized the Division to establish rules governing the
			 granting, revocation, denial, and suspension of licenses for child care
			 facilities and the operation of child care facilities in this state. The
Minimum Licensing Requirements for Child Care Centers
are the Division's rules for Child Care Centers.
2. The Child Care Facility Licensing Act
			 designates the Arkansas Department of Human Services (DHS), DCCECE as the
			 administrative agency responsible for administering the Act in accordance with
			 the
Minimum Licensing Requirements for Child Care
			 Centers
. The Division is authorized to inspect and investigate any
			 proposed or operating Child Care Centers and any personnel connected with the
			 Center to determine if the facility will be or is being operated in accordance
			 with the Child Care Facility Licensing Act and the
Minimum
			 Licensing Requirements for Child Care Centers.
3. The licensing requirements contained in
			 this manual apply to group child care. (Refer to the
Minimum
			 Licensing Requirements for Child Care Family Homes
for the
			 requirements that apply to child care provided in a Child Care Family
			 Home.)
4. The Child Care Licensing
			 Unit will notify the applicable federal agency at any time they become aware of
			 or are advised of violations of any of the following or similar laws. The owner
			 should be aware of applicable federal laws which may affect the operation of
			 the facility, such as, but not limited to:
a.
			 Americans with Disabilities Act (ADA);
b. Environmental Protection Agency (EPA)
			 regulations to ensure that any renovation or repair work on a home, child care
			 facility, or school that was constructed prior to 1978 shall be completed by a
			 contractor that is certified by the EPA, when the repairs or renovations
			 consist of any or all of the following: the repair or renovation disturbs six
			 (6) or more square feet of the interior, the repair or renovation disturbs
			 twenty feet (20') or more square feet of the exterior, or the repair or
			 renovation involves removing a window; and
c. Federal civil rights laws state that a
			 facility may not discriminate on the basis of race, color, sex, religion,
			 national origin, physical or mental handicap, or veteran
			 status.
5.
Reporting Requirements
- Owners, operators, staff, therapists, and
			 volunteers are mandated reporters of suspected child maltreatment and are
			 required to call the Child Maltreatment Hotline at 1-800-482 -5964, if they
			 have reason to suspect child maltreatment. Additionally, these same individuals
			 are required by Act 530 of 2019, to notify law enforcement if they have a good
			 faith belief that there is a serious and imminent threat to the health or
			 safety of a student, employee, or the public, based on a threat made by an
			 individual regarding violence in, or targeted at, a school (child care center)
			 that has been communicated to the person in the course of their professional
			 duties.
6. The Licensee shall
			 maintain Child Care Liability Insurance (Act 778 of 2009), and comply with the
			 following requirements, with the following exception: State institutions,
			 political subdivisions, or other entities entitled to immunity from liability
			 under §
										21-9-301,
			 are not required to have general liability insurance coverage in order to be
			 licensed. (Act 23 of 2015).
a. Prior to the
			 approval of an application, the applicant shall provide verification of the
			 required coverage to the Licensing Specialist and provide subsequent
			 verification when requested.
b. The
			 Licensee shall maintain the minimum amount of coverage as follows:
Licensed Capacity of Center
Minimum Child Care Liability Insurance Coverage
						  Required
1-74
$500,000 per occurrence
75 and up
$1,000,000 per occurrence
7. Laws relevant to the operation of child
			 care facilities are available upon request.
8. The following standards are the minimum
			 licensing requirements which shall be met by persons or organizations which
			 operate a child care facility. In recommending a license be issued, DCCECE
			 works in coordination with the local and state Health Departments, Fire
			 Departments, City Planning or Zoning Departments, and the Boiler Division of
			 the Department of Labor. Persons considering opening or expanding a child care
			 facility shall immediately contact these individual departments for inspection
			 and information on their separate rules.
A prospective Licensee should request clarification regarding
				the codes or covenants enforced by these departments as some may prevent the
				operation of a child care facility at a particular location, may limit the
				number of children in care, or may impose additional safety
				requirements.
9. The
			 Licensing Unit shall share information on the location and status of new
			 applicants applying for a license and on facilities holding a license when a
			 city or county requests the information.