Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 22 - Division of Child Care and Early Childhood Education › Rule 016.22.14-003 - Minimum Licensing Requirements for Licensed Child Care Family Homes

Current through Register Vol. 49, No. 6, June, 2024
100
CHILD
			 CARE LICENSING
101
Related Laws
			 and Requirements
1. "The Child Care
			 Facility Licensing Act", Act
			 20-78-210 -220, as amended, is the
			 legal authority under which the Division of Child Care and Early Childhood
			 Education prescribes minimum standards for a variety of child care facilities
			 under the Act.
2. The Division of
			 Child Care and Early Childhood Education (referred to hereafter as the
			 Division) under the Department of Human Services is directly responsible for
			 the inspection and evaluation of all licensed homes as defined in Section 102
			 of the Minimum Licensing Requirements for Child Care Family Homes.
3. The Division has the power to establish
			 rules, regulations and standards for licensing and operation of child care
			 facilities. This includes all powers with respect to granting, revocation,
			 denial and suspension of licenses. Decisions regarding special situations shall
			 be made on an individual basis by the Division. Information regarding an appeal
			 process is available upon request.
4. The Division works in coordination with
			 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 family home shall immediately contact these
			 individual departments for inspections and information on their separate
			 regulations.
It is recommended that a prospective Licensee request
				clarification regarding the codes or covenants enforced by these departments as
				some may prevent the operation of a child care family home at a particular
				location, may limit the number of children in care or may impose additional
				safety requirements.
5. It
			 is recommended that the owner be aware of applicable city or county zoning
			 ordinances or codes or neighborhood covenants which may limit the number of
			 children in care or impose additional safety requirements. The Division will
			 share information on the location and status of licensed homes or applications
			 for a license with any city or county that requests this information.
6. 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. It is recommended that the
			 owner 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 Environmental Protection Agency (EPA), when
			 the repairs and/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 (20) or more square feet of the exterior,
			 and/or the repair or renovation involves removing a window.
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.
7. The Licensee shall maintain
			 Child Care Liability insurance and comply with the following requirements:
a. Prior to approval of an application, the
			 applicant shall provide verification of the required coverage to the Licensing
			 Specialist and provide subsequent verification when requested. (Homes licensed
			 prior to the effective date of this revision shall have ninety (90) days to
			 comply with this requirement.)
b.
			 Maintain the minimum amount of $100,000 per occurrence
Laws relevant to the operation of child care facilities
				are available upon request.