Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 22 - Division of Child Care and Early Childhood Education › Rule 016.22.19-006 - Minimum Licensing Requirements

Current through Register Vol. 49, No. 6, June, 2024
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 child care facilities.
			 This act created the Division of Child Care and Early Childhood Education 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, 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
			 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 Environmental Protection Agency (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 (20) feet or more square feet of the exterior, 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.
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 2020, 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. (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 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, 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 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.