Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 22 - Division of Child Care and Early Childhood Education › Rule 016.22.18-004 - Min. Licensing Requirements for Out of School Time Facilities

Current through Register Vol. 49, No. 6, June, 2024
Click here
				to view image
Minimum Licensing Requirements for Out-of-School Time
				Facilities
100
OUT-OF-SCHOOL TIME LICENSING
101
Related Laws and Requirements
1. The
			 "Child Care Facility Licensing Act" Ark. Code Ann.
			 20-78-201 -220, as amended, is the
			 statutory authority for licensing Out-of-School Time (OST) Programs. This act
			 created the Division of Child Care and Early Childhood Education and authorized
			 the Division to establish rules and regulations governing the granting,
			 revocation, denial and suspension of licenses for OST facilities and the
			 operation of OST facilities in this state. The
Minimum Licensing
			 Requirements for Out-of-School Time Facilities
are the Division's
			 rules and regulations for OST Facilities.
2. The Child Care Facility Licensing Act
			 designates the Arkansas Department of Human Services, Division of Child Care
			 and Early Childhood Education as the administrative agency responsible for
			 administering the Act in accordance with the
Minimum
Licensing Requirements for Out-of-School Time
				Facilities
. The Division is authorized to inspect and investigate
				any proposed or operating OST Facilities and any personnel connected with the
				OST Facilities 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 Out-of-School Time
				Facilities
.
3.
			 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 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) feet 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.
4. The Licensee
			 shall maintain Child Care Liability Insurance (Act 778 of 2009), and comply
			 with the following requirements: State entities, 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.
			 (Facilities licensed prior to the effective date of this revision shall have
			 ninety (90) days to comply with this requirement.)
b. The Licensee shall maintain the minimum
			 amount of coverage as follows:
Licensed Capacity of OST Facility
Minimum Child Care Liability Insurance Coverage
						  Required
1-74
$500,000 per occurrence
75 and up
$1,000,000 per occurrence
5. Laws relevant to the operation of OST
			 Facilities are available upon request.
6. The following standards are the minimum
			 licensing requirements which shall be met by persons or organizations which
			 operate an OST Facility. In recommending a license be issued, the Division of
			 Child Care and Early Childhood Education 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 an OST Facility shall immediately contact
			 these individual departments for inspection and information on their separate
			 regulations.
A prospective Licensee should request clarification regarding
				the codes or covenants enforced by these departments as some may prevent the
				operation of OST Facility at a particular location, may limit the number of
				participants in care or may impose additional safety requirements.
7. 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.