Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-25 - DAY CARE FOR CHILDREN › Section 660-5-25-.06 - Other Day Care Arrangements - In-Home Care

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definition. Day care/nighttime care
			 provided for a child in his own home. The child care provider may be a relative
			 or non-relative who may or may not live in the home with the child and his/her
			 parent.
(2) There are no minimum
			 standards for in-home care. If a parent/responsible caretaker selects in-home
			 care, the Department has no regulatory responsibility in approving this day
			 care arrangement.
(3) Purchase of
			 In-Home Care.
(a) The Department will
			 reimburse the parent/responsible caretaker for the cost, up to the maximum
			 allowed, for in-home day care.
(b)
			 Reimbursement for in-home day care will be made to JOBS participants clients
			 eligible for transitional day care, and at risk income eligibles.
(1) Licensing Requirement. Refer to Rule
			 660-5-25-.05(1).
			 A Group Day Care Home or Group Nighttime Home which is operational for more
			 than four consecutive hours during a 24-hour period shall be subject to
			 licensure.
(2) Legal Base. The
			 Department of Human Resources is given the authority under Alabama statutes to
			 prescribe and publish minimum standards for licensing and approving group day
			 care homes and nighttime homes.
(3)
			 Definitions.
(a) Group Day Care Home. A
			 child-care facility which is a family home and which receives at least seven
			 but no more than twelve children for care during part of the day where there
			 are at least two adults present and supervising the activities.
(b) Group Nighttime Home. A child-care
			 facility which is a family home which receives at least seven but no more than
			 twelve children for nighttime care after 7 p.m. where there are at least two
			 adults present and supervising the activities.
(c) Operator/Caregiver. The person
			 responsible for daily operation and management of the group day care home,
			 including supervision of caregiving staff and care and guidance of the
			 children.
(d) Assistant Caregiver.
			 A person providing care and guidance of the children in a group day care home,
			 under the supervision of the operator/caregiver.
(e) Caregiving Staff. Includes the
			 operator/caregiver and any assistant caregivers providing care and guidance of
			 the children in a group day care home.
(f) Substitute. A person, at least 19 years
			 of age, approved by the Department, and on call if the operator must be away
			 from the home.
(g) Refer to Rules
			 660-5-25-.05(3) 
			 for other definitions which pertain to group day care home and group nighttime
			 home.
(4) The Home -
			 Physical Environment.
(a) Location.
1. The home shall be located in a
			 neighborhood which meets local zoning ordinances.
2. The home shall meet all state, local, and
			 municipal codes and ordinances. Inspections by the state or local fire
			 department and by the local health department shall be requested as determined
			 necessary by the Department, by the operator, or by officials of the fire and
			 health departments.
(b)
			 Space.
1. There shall be 32 square feet of
			 usable play space available for each child present in the group day care home.
			 Usable play space shall not include office space, bathrooms, bedrooms, storage
			 rooms, or kitchens.
2. All rooms
			 used for the care of children shall be well-lighted, adequately ventilated and
			 comfortably cooled and/or heated.
3. All gas space heaters shall be
			 vented.
4. No kerosene heaters or
			 portable space heaters shall be used during hours of child care.
5. Any fans within reach of the children
			 shall have enclosed blades.
6. The
			 group day care home, its furnishings, and premises shall be maintained in a
			 clean and safe condition.
7. The
			 home shall have space for providing privacy to a child as needed, and to
			 members of the operator/caregiver's household, whether for resting, studying,
			 or other purposes. Bathing and dressing shall be done in private.
8. Space and facilities shall be available
			 for the temporary care of sick children or of members of the
			 operator/caregiver's household.
9.
			 Space shall be available to each child for storing his personal
			 items.
10. An outdoor play area of
			 not less than 600 square feet shall be available. The outdoor play area will be
			 enclosed by a fence, at least 4 feet in height, with a locking gate. The fence
			 shall be in good repair.
11. The
			 following regulations shall apply when a swimming pool is accessible to the
			 area used for child care:
(i) When a swimming
			 pool, exceeding 2 feet in depth is accessible to the area used for child care,
			 the pool shall be enclosed by a fence, at least 4 feet in height, with a locked
			 gate. The gate and all areas of access shall remain locked at all times the
			 pool is not in use.
(ii) If
			 children are allowed in the pool area, additional supervision shall be
			 required. The child-staff ratio shall be one adult caregiver to one child under
			 age 2 1/2 and one adult caregiver to five children 2 1/2 and above.
(iii) A person holding a current advanced
			 lifesaving certificate shall be present at all times when the pool is in
			 use.
(iv) The water shall be clean
			 and treated in compliance with health department recommendations.
(v) When a wading structure (less than 2 feet
			 in depth) is available to the children, there shall be continuous supervision
			 by at least two adult caregivers. The wading pool shall be filled with clean
			 water prior to each day's usage. The wading pool shall be emptied at the end of
			 each day.
(vi) The group day care
			 home shall have on file written, signed permission from each child's
			 parent(s)/guardian(s) to allow participation in swimming or wading
			 activities.
(vii) The
			 operator/caregiver shall provide the parent(s)/guardian(s) with a written
			 statement of pool regulations and qualifications of staff who will supervise
			 swimming or wading.
(c) Safety.
1. The children shall be visually supervised
			 at all times.
2. The home and
			 grounds shall be free from anything which constitutes a danger or hazard, such
			 as but not limited to: abandoned automobiles and household appliances,
			 uncovered wells and cisterns; stacked lumber with exposed nails; and
			 explosives. Safeguards shall be provided against potential hazards, such as but
			 not limited to: carpentry tools, machinery, firearms and ammunition, stairs,
			 open fires, heaters, cooking ranges, floor furnaces, and thermostatic
			 controls.
3. All poisons and items
			 labeled "Keep out of the reach of children" shall be kept in a locked
			 cabinet.
4. Animals that could pose
			 a threat to the health and safety of the children shall be kept in an area away
			 from the children. A certificate of rabies vaccination shall be on file for any
			 animal on the premises required by law to be vaccinated. Animals or breeds of
			 animals which have shown aggressive behavior, shall not be kept on the
			 premises.
5. All exposed electrical
			 outlets in rooms used for the care of children shall have protective covers.
			 Covers shall be large enough to prevent being swallowed.
6. A smoke detector, powered by the home's
			 electrical service, shall be located within 10 feet of each bedroom and no more
			 than 30 feet apart in hallways. In a two-story house (upstairs or basement) an
			 additional smoke detector shall be located at the head of the
			 stairway.
7. A fire extinguisher
			 with at least a 2A-10BC rating shall be located in an accessible area of the
			 home. The fire extinguisher shall be a dry chemical type, no less than 5 pounds
			 in weight.
8. All approved exits
			 shall be maintained in unobstructed, easily traveled condition at all times
			 children are present.
9. All
			 bathroom doors and doors of all other rooms accessible to children which have
			 locks shall have available a device to allow the door to be opened from the
			 outside in case of emergency. The device used to open locked doors shall be
			 readily accessible to caregivers. Locks which would prevent children from
			 exiting a room are prohibited.
10.
			 Any stairway or steps in the home shall be maintained in a safe condition at
			 all times. Landings, steps, and stairs shall be provided with handrails
			 installed at child height. Stairways and steps in areas of the home accessible
			 to children under three years shall have safety gates installed to prevent
			 falling.
11. Hot tubs shall be
			 drained or safely covered during the hours of child care.
12. Clear glass doors, such as patio type
			 doors and storm doors, shall be plainly marked at children's eye level to
			 prevent accidental impact.
13.
			 Smoking is prohibited in the presence of children.
14. All video recordings, reading materials,
			 etc., of a sexually explicit nature, or with violent or frightening content
			 shall be kept in an area inaccessible to children.
(d) Emergency Procedures.
1. The group day care home shall have a
			 working telephone.
2. The operator
			 shall maintain a listing of names and telephone numbers, posted by the
			 telephone for ready reference in emergency situations. The listing shall
			 include:
(i) Each child's
			 parent(s)/guardian(s);
(ii) Each
			 child's responsible relative and doctor;
(iii) Police department;
(iv) Fire department;
(v) Hospital;
(vi) Poison control center;
(vii) Department of Human
			 Resources;
(viii) Substitute
			 helper; and
(ix) Alternate
			 helper.
3. A written
			 plan for the evacuation and/or care of the children in case of fire, tornado,
			 serious accident or injury, or power failure shall be established and posted.
			 The operator/caregiver shall inform any assistant and substitute caregivers of
			 his/her duties and responsibilities in case of emergency. A fire drill program
			 shall be established and practiced monthly to assure prompt evacuation of the
			 home in case of emergency.
4. A
			 statement, signed by the child's parent(s), or guardian(s) authorizing
			 emergency medical care during the hours of care, shall be in the child's file
			 in the home prior to attendance. (This is to be used if the
			 parent(s)/guardian(s) cannot be located.)
(5) Caregiving Staff and Household Members.
(a) Personal Health.
1. Initially, the applicant/operator shall
			 provide a medical report from a licensed practicing medical doctor or a
			 physician's assistant. The initial report shall be dated within six months
			 prior to licensing and shall document the date and result of a tuberculin skin
			 test or chest x-ray. The medical report shall attest to the physical and mental
			 suitability of the applicant/operator/caregiver to care for children and the
			 person's freedom from infectious and contagious diseases. The statement shall
			 be signed by the licensed practicing medical doctor or the physician's
			 assistant and shall be on file with the Department. A copy of the medical
			 statement shall be kept by applicant/operator/caregiver for the group day care
			 home file.
2. At least every four
			 years after the initial doctor's medical report is provided to the Department,
			 the operator/caregiver shall obtain a report from a licensed practicing medical
			 doctor or a physician's assistant which attests to the operator's freedom from
			 infectious and contagious diseases and to his/her physical and mental fitness
			 to care for children.
3. A medical
			 report from a licensed practicing medical doctor or a physician's assistant
			 shall be submitted initially and at least every four years thereafter on all
			 members of the household who have contact with the children in care. Each
			 report shall indicate the persons's physical condition and freedom from
			 infectious and contagious diseases.
4. A medical report from a licensed
			 practicing medical doctor or a physician's assistant shall be submitted
			 initially and at least every four years thereafter on all assistant and
			 substitute caregivers and household domestic help who have contact with the
			 children in care or food served to the children in care. Each report shall
			 indicate the person's physical condition and freedom from infectious and
			 contagious diseases.
5. An
			 operator/caregiver or assistant caregiver who shows indications of a physical,
			 emotional, or mental conditions which could be detrimental to the children in
			 care or which would prevent satisfactory performance of duties shall not
			 continue giving care to children until the condition is cleared to the
			 satisfaction of the examining medical doctor and the Department
			 representative.
6. The Department
			 representative shall require an additional medical or psychological evaluation,
			 if a change in the condition of the operator/caregiver or assistant caregiver
			 is evident. A release to allow the Department representative to confer directly
			 with the doctor, shall be provided by the operator/caregiver upon
			 request.
(b)
			 Qualifications of the Operator/Caregiver.
1.
			 A minimum of three references will be provided to the Department's
			 representative to verify the character and suitability of the
			 operator/caregiver to care for children. Three references shall also be
			 provided for all adult household members who have contact with the children.
			 All references shall be contacted by the Department representative.
2. The operator/caregiver shall be at least
			 19 years of age and shall have a high school diploma or GED. Prior to
			 licensing, the operator/caregiver shall obtain at least 16 clock hours of
			 on-site training in a facility approved by the Department. If such training is
			 not immediately available, written approval from the Department to receive
			 training within six months may be substituted.
3. The operator/caregiver shall have or shall
			 obtain training in child development through participation in workshops,
			 meetings, or one to one consultation. Documentation of 6 hours of training
			 every 2 years shall be submitted to the Department.
4. The operator/caregiver shall not work
			 outside the home or attend school during the hours of child care, and no other
			 activities that take time and attention away from the children shall be
			 performed in the home during the hours of child care. Household duties related
			 to the care of the children shall be performed as necessary.
(c) Licensed Capacity and Ratio of
			 Caregivers to Children.
1. The group day care
			 home shall be licensed for no more than 12 children. The number and age range
			 of the day or nighttime children shall conform to that which is specified on
			 the license.
(i) The number of children
			 present in the home shall not exceed the licensed capacity for any part of the
			 day.
(ii) Drop-in and part-time
			 children shall be counted in the licensed capacity regardless of the length of
			 time they are present. These children shall meet the same requirements as
			 full-time children.
(iii) Related
			 children who do not live with the operator/caregiver 24 hours a day shall be
			 included in the licensed capacity.
2. An assistant caregiver shall be present in
			 the home whenever seven or more children are present.
(d) Qualifications of Assistant Caregivers
			 and Substitute Caregivers.
1. The assistant
			 caregiver shall be at least 19 years of age and able to read and write. They
			 shall be competent to understand and carry out emergency procedures. The
			 assistant caregiver shall receive at least 16 clock hours of training in child
			 care during the first six months of employment.
2. Substitute caregivers shall be at least 19
			 years of age and able to read and write. They shall be available to assist in
			 emergency situations or when the operator/caregiver is unavailable.
3. Assistant and substitute caregivers shall
			 be approved by the Department representative. Medical reports and three
			 references verifying the character and suitability of the caregivers shall be
			 made available to the Department representative and shall be kept on file in
			 the group day care home.
(e) Staff Training.
1. The operator/caregiver shall share
			 information received in workshops, through consultation, etc., with assistant
			 caregivers. In addition, all caregiving staff shall read the Minimum Standards
			 for Group Day Care and Group Nighttime Homes and shall be informed of emergency
			 procedures.
(6) Care of the Children.
(a) Health Practices and Physical Care.
1. Medical reports and immunizations.
(i) Each child under five years of age shall
			 have, within 12 months prior to admission, a physical examination or medical
			 screening or assessment (such as MediKids). The physical examination shall be
			 performed by a licensed, practicing medical doctor, other medical personnel who
			 are administratively responsible to a licensed, practicing medical doctor, or a
			 licensed registered nurse who has access to consultation on a regular planned
			 basis from a licensed, practicing medical doctor. Documentation of availability
			 and frequency of consultation shall be in written form.
(ii) Effective July 1, 1993, each child under
			 five years of age and five year olds who are not enrolled in public/private
			 school kindergarten shall have an unexpired State of Alabama Certificate of
			 Immunization (ADPH-F-IMM-50) on file in the home prior to the child's admission
			 or one of the following conditions shall be met:
(I) An unexpired Alabama Certificate of
			 Medical Exemption (ADPH-F-IMM-50) shall be on file in the home; or
(II) Where immunizations are waived on
			 religious grounds, an Alabama Certificate of Religious Exemption
			 (ADPH-F-IMM-50) shall be on file on the home.
(iii) In situations where medical services
			 are not available, written verification of appointment to receive the medical
			 examination shall be substituted for no more than three months, and shall be on
			 file in the home.
(iv) Before a
			 child with special needs such as a mental or physical handicap or a medical
			 condition is received for care, the operator/caregiver shall receive a
			 statement signed by a licensed physician which identifies the child's
			 condition, indicates the limits of the child's participation in daily
			 activities, and gives special instructions for the child's care.
2. Medication.
(i) If medication (prescription or
			 over-the-counter) is to be administered by the operator/caregiver, it shall be
			 given or applied only with prior written permission from a
			 parent(s)/guardian(s).
(ii)
			 Medication shall be kept in the original container, stored according to
			 instructions and clearly labeled with the child's name.
(iii) The operator/caregiver shall keep all
			 medications including over-the-counter medications, and medication belonging to
			 household members in a locked cabinet or a locked box.
(iv) All children's medication shall be
			 returned to the parent(s)/guardian(s) or disposed of properly when no longer
			 needed.
(v) The operator/caregiver
			 shall give or apply the medication according to the instructions provided by
			 the parent(s)/guardian(s) or the child's physician. The operator/caregiver
			 shall maintain a written record of the time and amount of medication given or
			 applied.
(vi) Prescription
			 medication shall have a pharmacy label indicating the physician's name, child's
			 name, instructions, and the name of the medication.
3. Sanitation.
(i) The group care home, its furnishings, and
			 premises shall be maintained in a clean and safe condition to provide a
			 healthful environment for the general welfare of children.
(ii) The home and premises shall be kept free
			 of standing water.
(iii) The home
			 shall be maintained so as to prevent and/or eliminate rodent and insect
			 infestation.
(iv) Any doorway,
			 window, or other opening to the outside used for ventilation shall be equipped
			 with screening in good repair to prevent insects from entering the
			 home.
(v) Each sink, bathroom, or
			 other water fixture used by the children shall be supplied with safe water from
			 an approved source. Water shall be supplied from a public water system or from
			 a private system which meets the requirements of the local health
			 department.
(vi) Sewage and other
			 water-carried wastes shall be disposed of through a municipal sewer system or
			 into a private system which shall meet requirements of the local health
			 department.
(vii) Garbage and trash
			 shall be removed at intervals to prevent creating a nuisance or a menace to
			 health. Garbage shall be stored in fly-proof and watertight containers with
			 tight-fitting covers.
(viii) Sick
			 children shall not be accepted for care. When a child becomes sick during care,
			 he/she shall be isolated from the other children, in an area that allows for
			 supervision and comfort until the child can be picked up. All bedding, toys,
			 equipment, and bathroom fixtures used by a sick child or household members
			 shall be cleaned and disinfected before being used by another child.
(ix) Handwashing sinks shall be supplied with
			 warm running water. Hot water temperatures in sinks accessible to the children
			 shall not exceed 120°. Paper towels or single use cloth towels shall be
			 provided for hand drying.
4. Toileting and Diapering.
(i) Bathroom facilities shall be clean and
			 adapted for the comfort and safety of the children. Stools with nonskid legs
			 shall be available for handwashing and toileting. If potty chairs are used,
			 they shall be emptied into the toilet, washed and disinfected after each
			 use.
(ii) Bathroom fixtures
			 including toilet, sink, counter surfaces, and floors shall be cleaned and
			 disinfected daily. More frequent cleaning shall be done as necessary.
(iii) The diapering area shall be covered
			 with disposable paper which is changed after each use, or shall have a washable
			 surface which is cleaned and disinfected after each use.
(iv) Disposable diapers shall be placed in a
			 covered container with plastic liner out of the reach of the
			 children.
(v) Cloth diapers shall
			 be rinsed in the toilet if soiled and placed in a plastic bag out of reach of
			 the children.
(vi) Caregivers shall
			 wash hands thoroughly after each diaper change. The diapering area shall be
			 located as near as possible to a sink but not in the kitchen. Paper towels or
			 single use cloth towels shall be provided for hand drying.
(vii) Children shall not be left unattended
			 during diapering.
(viii) The
			 operator/caregiver shall work with the parent(s)/guardian(s) on when to begin
			 toilet training procedures. Toilet training shall not be started until a child
			 has been in the home long enough to feel comfortable. The child shall be able
			 to communicate his needs and understand what is asked of him/her. The
			 operator/caregiver shall consult with parent(s)/guardian(s) on their effort in
			 toilet training to ensure a consistent and relaxed toilet training process. No
			 child shall be made to sit on the potty or toilet for more than five
			 minutes.
5. Rest/Sleep.
(i) Infants, toddlers, and preschool children
			 shall have a period of rest/sleep each day, according to their individual
			 needs. School-age children shall be allowed to rest/sleep if needed, but shall
			 not be required to do so.
(ii) The
			 group day care home shall provide cribs and/or cots for children who rest/sleep
			 during hours of care. The cots shall be clean and sanitary and free of hazards
			 at all times and shall be of such quality as to ensure good sleeping posture.
			 Coverings shall be appropriate to the season and shall be made of materials
			 commonly used for bed linen. Sheets and covers shall be laundered weekly or
			 more often) when soiled. Each child shall have his/her own bedding. Clean
			 bedding shall be supplied prior to use by another child.
(iii) All children under 12 months of age
			 shall sleep alone in a crib. All children between 12 and 18 months of age shall
			 sleep alone in a crib or on a low cot. Children over 18 months shall sleep
			 alone on a cot.
(iv) After a child
			 has rested for a reasonable period of time he/she shall be allowed to get up
			 and occupy himself/herself with quiet activities.
6. Health Reporting.
(i) The operator/caregiver shall promptly
			 report any accident, suspected illness, or other changes observed in the
			 child's health, to the parent.
(ii)
			 If a communicable disease occurs among the children in the home, the
			 operator/caregiver shall notify the parent(s)/guardian(s) of each exposed child
			 immediately so that the child may be observed for symptoms of
			 disease.
(iii) The
			 operator/caregiver shall report in writing any injury or serious contagious
			 illness occurring while the child is in care, requiring professional medical
			 attention, to the Department within five days of occurrence.
(iv) Each child shall be observed for illness
			 and/or injuries upon his/her arrival at the group day care home or group
			 nighttime home, and if possible, shall be observed in the presence of the
			 parent/guardian. The operator/caregiver is required by law, to report known or
			 suspected child abuse or neglect to the County Department of Human Resources or
			 the local chief of police, or county sheriff. The report shall be made
			 immediately by telephone or direct oral communication, followed by a written
			 report, containing all known information. The law also contains immunity
			 provisions so that any person making a report in good faith is immune from any
			 civil or criminal liability. The law further provides that all reports of child
			 abuse or neglect, investigative reports by the Department of Human Resources,
			 and certain other records of child abuse and neglect are considered
			 confidential under penalty of criminal law. The operator/caregiver shall
			 cooperate with Department personnel on any child abuse or neglect
			 investigation, including providing information to workers and allowing access
			 to children and records.
(b) Activities.
1. The operator/caregiver shall plan a
			 balanced daily program of activities appropriate to the number and ages of the
			 children. A written plan of activities shall be posted each week. Plans shall
			 include such activities as stories, creative art, rhythm and music, building
			 and manipulative toys, dramatic play or make believe games, science
			 experiences, water play, climbing, and sand and digging. There shall be periods
			 of quiet play and periods of active play. Time for listening and talking with
			 children shall be included daily.
2. Television may be used to supplement and
			 enhance the daily plan for the children, but viewing shall be limited to
			 children's programs. Videos shall be viewed by the operator/caregiver for
			 appropriateness prior to being seen by the children. No child shall be required
			 to watch television.
3. When
			 children participate in field trips, there shall be a written plan including
			 destination, adults and children involved, and transportation arrangements.
			 Written permission shall be obtained from the parent(s)/guardian(s) before each
			 field trip.
4. Except in extremely
			 inclement weather, there shall be outdoor play each day for the children,
			 including infants and toddlers.
5.
			 All activities shall be planned for positive development of the children.
			 Potentially harmful activities shall be avoided.
(c) Equipment.
1. All equipment shall be sturdy, safe, and
			 clean. Unsafe equipment shall be repaired or removed from the home or play
			 yard.
2. The operator/caregiver
			 shall provide a variety of toys, games, and other play equipment appropriate to
			 the ages and interests of the children in care. Shelves or cabinets shall be
			 provided so that toys can be stored in an orderly way.
3. Variety of outdoor equipment shall be
			 available. Climbers, swings, and other large equipment shall be securely
			 anchored and placed over grass, sand, or other soft surfaces instead of
			 concrete or asphalt.
(d)
			 Discipline. The caregivers shall use positive methods of discipline which
			 encourage self-control, self-direction, self-esteem, and cooperation. The play
			 area shall be arranged to ensure the safety of each child and lessen the
			 opportunity for inappropriate behavior. Disciplinary practices shall be
			 according to the following requirements:
1.
			 Limits or rules shall be understandable to the children.
2. Expected behavior shall be on the child's
			 level.
3. A kind, firm voice shall
			 be used.
4. Discipline shall be
			 consistent and fair.
5. Discipline
			 shall not be associated with food, naps, or bathroom procedures.
6. No corporal/physical punishment shall be
			 used.
7. Discipline shall not be
			 carried out in a humiliating, shaming, or frightening manner.
8. Discipline shall be related to the
			 behavior and shall be carried out as soon as possible after the
			 misbehavior.
9. No verbal abuse,
			 threats or derogatory remarks about the child or his/her family shall be
			 used.
10. Discipline carried out by
			 the child's peers shall not be allowed or encouraged.
(e) Transportation. The operator shall adhere
			 to the following requirements regarding the transportation of children:
1. The caregiver shall not transport children
			 in a vehicle without the written consent of the
			 parent(s)/guardian(s).
2. The
			 caregiver shall use federally approved car seats, which are properly installed
			 and maintained, when transporting children under three years of age.
3. Children age 3 and older shall be secured
			 in an individual seat belt or in federally approved car seats of the
			 appropriate size.
4. Children shall
			 not be left unattended in a vehicle.
5. The driver shall have a valid driver's
			 license and shall also be secured in a seat belt, whenever children in care are
			 being transported.
6. There shall
			 be an adult in addition to the driver whenever 7 or more children are being
			 transported.
7. All adults and
			 children shall be secured in a seat belt.
8. Written transportation plans shall be
			 submitted to the Department.
(f) Nutritional Needs. The operator shall
			 provide a nutritious meal and snacks each day for the children in care. Meals
			 and snacks shall be planned in accordance with USDA guidelines.
1. Mid-morning, mid-afternoon and bedtime
			 snacks shall be available as needed and shall consist of at least two of the
			 following four choices:
(i) Milk or milk
			 products;
(ii) Meat or meat
			 alternate;
(iii) Fruit, vegetable
			 or full strength juice; and
(iv)
			 Bread, cereal, crackers or other bread products.
2. A meal shall be provided for children in
			 care and shall consist of at least the following:
(i) Meat or meat alternate;
(ii) Vegetables, and/or fruits (2 vegetables
			 or one vegetable and one fruit);
(iii) Bread or bread product; and
(iv) Milk.
3. Formula or food for infants and other
			 special diets recommended or prescribed by a physician, shall be prepared as
			 directed or provided by the parent(s)/guardian(s). Special foods for children
			 shall be clearly labeled with the child's name and stored as
			 directed.
4. Breakfast shall be
			 served to children who go directly to school from nighttime care, unless
			 breakfast is provided by the school or by the parent(s)/guardian(s). Breakfast
			 shall consist of at least the following:
(i)
			 Fruit or vegetable or full strength juice;
(ii) Bread or bread product; and
(iii) Milk.
5. Fluid milk shall be served. No powdered
			 milk shall be used for drinking.
6.
			 Menus shall be planned at least one week in advance and posted for parents to
			 see.
7. Water shall be offered to
			 the children several times a day.
(g) Meal Service.
1. Caregivers and children shall wash their
			 hands before eating or preparing foods. Disposable paper or single use cloth
			 towels shall be provided for drying hands.
2. Feeding chairs shall be provided for
			 infants. Child-size tables and chairs shall be provided for preschool children.
			 Feeding chairs and tables on which food is served shall be thoroughly cleaned
			 prior to and after snacks and meals. Each child's food shall be served from an
			 individual dish.
3. Napkins and
			 forks and/or spoons shall be provided for children who feed
			 themselves.
4. All formula and food
			 brought from home shall be labeled with the child's name and properly stored.
			 Milk and prepared formula shall be placed immediately in the refrigerator.
			 Previously opened baby food jars shall not be accepted by the
			 operator/caregiver. All formula remaining in the bottle after a feeding shall
			 be discarded.
5. Infants shall be
			 held when fed from a bottle. Bottles shall not be propped.
6. The size of servings shall be adequate to
			 meet children's needs. Food, including dessert or milk, shall not be forced on
			 or withheld from a child.
(h) Food Protection and Preparation.
1. Food shall be in good condition and from
			 an approved commercial source.
2.
			 No home-canned foods shall be used.
3. Food shall be protected from contamination
			 during storage, preparation, and serving. Potentially hazardous foods, such as
			 milk, eggs, meat, poultry or fish, shall be maintained at a temperature of
			 45° F or below except during necessary preparation. A thermometer shall be
			 placed in the refrigerator to assure proper temperature for food protection.
			 Foods prepared in advance of serving time shall be maintained at a safe
			 temperature (below 45 degrees or above 140 degrees).
4. All food preparation surfaces and utensils
			 shall be thoroughly cleaned before use.
5. Once food has been served to a child,
			 portions of leftover food shall not be served again.
6. Tableware cooking utensils, and all food
			 contact surfaces shall be thoroughly cleaned after each use.
7. Containers of poisonous or toxic materials
			 shall be clearly labeled for easy identification of contents. Such materials
			 shall be stored in a locked cabinet, inaccessible to children and away from
			 food storage and preparation areas.
8. Live animals, including birds and turtles,
			 shall not be allowed in food storage, food preparation, and/or food service
			 areas.
9. Floors in food
			 preparation and service areas shall be swept and/or vacuumed daily and mopped
			 as required to maintain cleanliness.
10. Smoking shall be prohibited in areas of
			 food storage, food preparation, and/or food service.
(i) Nighttime Care.
1. A nightly schedule shall be planned for
			 the hours the children are awake.
2. The operator/caregiver shall work with the
			 parent(s)/guardian(s) to provide consistency between the family and the
			 nighttime group home bedtime routines.
3. The scheduling of arrival and departure of
			 children, and the grouping of children shall be arranged so that no child is
			 deprived of sleep or has his/her sleep unnecessarily disrupted.
4. The number of children in nighttime care
			 shall not exceed the number of children for which the nighttime home is
			 licensed. At least one adult in addition to the operator/caregiver shall be
			 present whenever 7 or more children are present.
5. Children shall have shower, tub, or sponge
			 baths as needed for body cleanliness. When a bathtub is used, fresh water shall
			 be provided for each use. Children shall not be left unattended in the
			 bathtub.
6. Cots, fitted with firm
			 mattresses shall be provided for children who receive their regular night's
			 sleep in the home. Cots shall be clean and sanitary and free of hazards and
			 shall be of such quality as to ensure good sleeping posture. Bedding shall be
			 appropriate to the season. Sheets and covers shall be laundered weekly or more
			 often when soiled. Each child shall have his/her own bedding. Bedding shall be
			 changed prior to use by another child.
7. All children under 12 months of age shall
			 sleep alone in a crib. Children 12 to 18 months shall sleep alone in a crib or
			 on a low cot fitted with a firm mattress. Preschool children shall sleep alone
			 on cots fitted with firm mattresses.
8. Sleepwear shall be clean and comfortable
			 and labeled with the child's name.
9. Each child's toilet articles (such as
			 combs, toothbrushes, etc.) shall be labeled with the child's name, kept
			 separate, and in sanitary condition.
(7) Administration.
(a) General Administrative Responsibilities
			 of the Operator/Caregiver.
1. The
			 operator/caregiver shall not discuss or disclose personal information regarding
			 children and facts learned about children and their relatives except:
(i) With the parent/guardian or the
			 person/persons authorized by the parent(s)/guardian(s) to receive such
			 information;
(ii) With the agency
			 assisting the parent/guardian with planning for the child; or
(iii) With the Department
			 representative.
2. The
			 operator/caregiver shall maintain the prescribed minimum standards and
			 regulations. The operator is responsible for providing care appropriate to meet
			 the daily needs of the children in care. The operator/caregiver shall consult
			 with the Department representative as needed for the benefit of care of the
			 children.
3. An operating budget
			 (actual or projected) shall be submitted initially to the Department
			 representative. There shall be financial resources available to provide for the
			 satisfactory care of the children in care in regard to upkeep of the home and
			 the provision of nutritious meals, safe play equipment, and required
			 arrangements for comfortable rest/sleep.
4. A copy of the current license and most
			 recent licensing evaluation for the group day care home or group nighttime home
			 shall be posted in a conspicuous place in the home.
5. A daily attendance record shall be kept
			 for children in care. Documentation shall be provided showing that the
			 assistant caregiver was present when 7 or more children were in the home. This
			 record shall be available for review by the Department
			 representative.
(b)
			 Reports to the Department. The following reports are required:
1. Monthly reports shall be completed on the
			 last working day of each month and submitted to the Department within five days
			 on a specified form provided to the operator/caregiver by the
			 Department.
2. Verbal report within
			 24 hours of any accident in which a child receives an injury requiring
			 professional medical attention, followed by a written report within 5
			 days.
3. Changes in the assistant
			 or substitute caregiver.
4. Any
			 change of address or telephone number of the operator/caregiver.
5. Serious accidents or serious illness of
			 the operator/caregiver or household members.
6. Child abuse and neglect reports.
7. Serious damage, such as weather damage,
			 fire damage, vandalism, etc., to the group day care home or the premises which
			 affects the care of the children, shall be reported verbally within 24 hours,
			 followed by a written report within 5 days.
(c) Information Provided to
			 Parent(s)/Guardian(s).
1. The
			 operator/caregiver shall provide parent(s)/guardian(s) with a written statement
			 of services to be provided by the operator/caregiver, and rules and policies of
			 the home. A copy of this written statement shall be provided to the Department
			 representative.
2. Agreements shall
			 be made between the parent(s)/guardian(s) and operator/caregiver pertaining to
			 child-care practices, schedules, fees, hours of care, meals and special
			 needs.
3. Parent(s)/guardian(s)
			 shall be informed of their right to visit and observe their child in the group
			 day care home at any time during the hours of care.
4. Parent(s)/guardian(s) shall be informed in
			 writing regarding procedures they may use to make a complaint.
			 Parent(s)/guardian(s) shall also be informed of how they may obtain a copy of
			 the Minimum Standards.
(d) Information to be Obtained from
			 Parent(s)/Guardian(s).
1. Pertinent
			 information needed about the child's general health, his/her usual routines,
			 required pre-admission form and child's medical report and immunization
			 certificate shall be provided when a child is accepted for care.
2. Transportation arrangements for the child
			 to and from the home shall be discussed with the operator/caregiver. Written
			 authorization of person(s) allowed to pick up the child shall be given to the
			 operator/caregiver.
3. A written
			 list of people to contact in an emergency if the parent(s)/guardian(s) cannot
			 be reached shall be on file. The list shall include person's name, address,
			 telephone number and relationship to the child.
4. Written permission allowing the
			 operator/caregiver to transport the child if transportation is provided, shall
			 be on file.
5. Written permission
			 for use of the swimming pool and/or wading pool if this is available, shall be
			 on file.
6. Written authorization
			 for the operator/caregiver to obtain emergency medical care for the child if
			 the parent cannot be reached shall be on file prior to the child's entering
			 care.
(e) Records to be
			 Kept by Operator/Caregiver.
1. There shall be
			 three references on each assistant caregiver, substitute, and all adult
			 household members. Reference information on the operator/caregiver shall be
			 maintained by the Department representative.
2. Medical reports on the assistant caregiver
			 and any substitute caregiver shall be maintained.
3. Children's records shall contain medical
			 forms, immunization certificates, transportation authorization, swimming
			 permission, emergency medical care authorization, child's pre-admission forms,
			 parent(s)/guardian(s) information including name, address, telephone, place of
			 employment, work hours, and general background information on the child and the
			 family.
4. The operator/caregiver
			 shall maintain records on children and caregiving staff for at least 2 years
			 after the child or staff member has left. Copies of the report to the
			 Department shall also be kept for 2 years.
(f) Responsibilities of the Department.
1. Visits may be made at any time at the
			 discretion of the Department of Human Resources or its representative, without
			 prior notice, for the purpose of determining compliance with the Minimum
			 Standards, investigating complaints, or any other department-related
			 purpose.
2. The Department
			 representative shall make prompt decisions on applications and renewals, and
			 issue licenses for approved applications.
3. The Department representative shall
			 maintain confidentiality concerning information regarding the
			 operator/caregiver, other caregiving staff, household members of the group day
			 care home, and the children and families being served.
(8) Character and Suitability
			 Requirement.
(a) All applicants and holders
			 of a child-care license or six-month permit, all applicants for employment in a
			 paid or voluntary position, and all current employees in paid or voluntary
			 positions must be suitable and of good moral character in order to operate or
			 work in a child-care facility. All applicants shall be investigated to
			 determine character and suitability to hold a license/permit or work in a
			 child-care facility. For purposes of this requirement, an applicant includes
			 individuals as well as all board members and officers of corporations,
			 partnerships, associations or other legal entities.
(b) In addition to those listed below,
			 factors relevant in assessing character and suitability include, but are not
			 limited to, character references, community reputation, work history, criminal
			 history, personal history, interpersonal skills, mental and physical
			 limitations, and psychological problems.
(c) The criminal record on individuals must
			 be reviewed, and will be a factor in determining the character and suitability
			 of individuals to hold a license or six-month permit or work in a child-care
			 facility.
1. All applicants for a license or
			 six-month permit and all staff members and applicants for a license/permit or
			 employment, in paid or voluntary positions, must reveal on their application
			 all past criminal convictions and/or current charges, except for minor traffic
			 violations (parking and improper turning, stopping, or vehicle equipment
			 tickets), since age 16.
2. The
			 licensee or permit holder, and all staff members must advise the Department of
			 all criminal convictions and/or current criminal charges, except for minor
			 traffic violations (parking and improper turning, stopping, or vehicle
			 equipment tickets), which occur after the licensee/permit holder attains a
			 license/permit or during the course of employment with the child-care
			 facility.
3. A licensee/permit
			 holder, staff member, or applicant for employment for a paid or voluntary
			 position is considered unsuitable to work or continue to work in a child-care
			 facility if he/she has a criminal conviction in this or another state at any
			 time which:
(i) Involves a sex-related crime.
			 Such crimes include, but are not limited to, sexual abuse, sexual exploitation,
			 molestation, rape, child pornography, sale or exhibition of obscene materials,
			 sodomy, sexual mischief, incest, enticement for immoral purposes, prostitution,
			 pandering or promoting prostitution, and obscenity; or
(ii) Involves serious intentional, reckless
			 or negligent physical injury, danger or death of any person. Such crimes
			 include, but are not limited to, murder, homicide, manslaughter, assault with a
			 weapon, reckless endangerment, kidnapping, and unlawful imprisonment;
			 or
(iii) Involves a crime against a
			 child. In addition to those crimes listed in (i) and (ii), such crimes include,
			 but are not limited to, abandonment, endangerment, and assault.
4. Convictions for crimes other
			 than those listed in paragraph 3. above will be evaluated to determine whether
			 or not they constitute a danger to children based on the seriousness of the
			 crime, the existence of extenuating circumstances, the propensity to recommit
			 the crime, and evidence of rehabilitation since the crime was
			 committed.
(d) The
			 character and suitability of a licensee/permit holder, staff member, or
			 applicant for employment, in a paid or voluntary position, to hold a license or
			 six-month permit or to work in a child-care facility may also be assessed by a
			 review of the past history of the individual regarding their truthfulness and
			 their ability to care for children. False or misleading statements made by the
			 individual to the Department or other government or center personnel regarding
			 incidents or events occurring while on the job or surrounding part of any child
			 abuse or neglect investigation conducted by the Department, law enforcement or
			 other government officials are considered as evidence of unsuitable
			 character.
(e) Applicants for a
			 license/six-month permit and holders of licenses/six-month permits who are
			 discovered to have had a history of operating without a license and refusal to,
			 cease operations and apply for a license or permit or refusal to allow the
			 Department to conduct investigations regarding their activities or allegations
			 of abuse and neglect are also considered as evidencing unsuitable
			 character.
(f) A good character and
			 suitability review shall be conducted on all applicants for a license/permit,
			 staff members, and all applicants for employment, who are discovered to have
			 been determined by a child or adult protective service agency in any state, to
			 have perpetrated the abuse or neglect of a child or adult. Determinations which
			 fail within the general subject area outlined in paragraph (c) above, even if
			 no criminal conviction has occurred, are considered as evidence of unsuitable
			 character.
(9) Licensing
			 Procedure.
(a) Application for a License. An
			 application form for a license to give group day care or to give group
			 nighttime care to children will be provided to the applicant by the Department.
			 Applications shall contain all information requested on the form, including the
			 applicant's social security number.
(b) Examination and Investigation of the
			 Application. Upon receipt of the completed application, an examination of the
			 home and an investigation of the family and household members shall be made by
			 a representative of the Department. The examination and investigation will
			 include, but are not limited to, visits to the home and interviews with family
			 and household members, with references, and with such other persons so as to
			 give the Department representative a clear understanding of the home and the
			 applicant.
(c) The Director of the
			 County Department or his/her designee approves/denies the issuance of licenses
			 six-month permits and renewal of licenses to operate group day care homes and
			 group nighttime homes.
(d)
			 Six-Month Permit.
1. If specific areas of the
			 minimum standards are identified as lacking in the basic services to children,
			 and if the applicant for a license indicates her intentions to attain minimum
			 standards, the Department may issue a six-month permit to persons making
			 initial application for a license to allow such persons reasonable time to
			 become eligible for a full license. Issuance of a permit is evidence that the
			 Department approves the person's temporary operation. One renewal of a
			 six-month permit may be issued at the discretion of the Department. The
			 probationary six-month permit (alternative to revocation) is not to be confused
			 with the six-month permit issued to persons making initial application for a
			 license.
2. The Department's
			 decision to issue a six-month permit shall be after the group home's
			 prospective licensee has met the following:
(i) Completed application;
(ii) Completed medical on the
			 operator/caregiver, assistant caregiver and all household members who have
			 contact with the child;
(iii)
			 References on the operator/caregiver, assistant caregiver and all adult
			 household members who have contact with the children.
(iv) Safety measures in the home and in the
			 outdoor play area;
(v) Attainment
			 of age and educational requirements of the operator/caregiver;
(vi) Attainment of requirements of the fire
			 and health and zoning department when requested by the Department;
(vii) Plan which has been approved by the
			 Department, to meet requirements regarding number and age range of children to
			 be served; and
(viii) A complete
			 review of Minimum Standards for Group Day Care Homes by the operator/caregiver
			 and assistant caregivers.
(e) Demonstration Permit/License. The
			 Department may issue a demonstration permit or license to a facility to operate
			 experimental or pilot child-care physical plants, programs or activities
			 designed to help develop new or modified minimum standards for group day care
			 homes/group nighttime homes or to study the effectiveness of current minimum
			 standards for group day care homes/group nighttime homes. A facility issued a
			 demonstration permit or license shall operate in compliance with the
			 established minimum standards as modified by the restrictions, requirements,
			 and other terms of operation placed upon the facility by the Department. A
			 demonstration permit/license may be time-limited or nonrenewable. Failure to
			 operate the facility in compliance with applicable minimum standards,
			 restrictions, requirements, and terms of operation is grounds for suspension or
			 revocation of the permit or license issued. A facility granted a demonstration
			 permit or license shall be entitled to a Department hearing as any other
			 facility holding a regular permit or license.
(f) Disposition of the Application. Upon the
			 receipt of all licensing material, including a medical statement, a decision to
			 approve or to deny the application will be made by the Department based on the
			 findings of the examination and investigation.
1. If the decision is to license the home, a
			 license will be issued to the applicant. The license becomes effective on the
			 date it is issued by the Department and it must be conspicuously displayed in
			 the dwelling used for child care.
2. If denial of the application is indicated,
			 the Department will notify the applicant in writing of the decision, pointing
			 out those areas of the minimum standards which have not been met. The applicant
			 may withdraw the application either verbally or in writing.
(g) Renewal of a License.
1. Application for renewal of a license to
			 continue operating a group day care home or a group nighttime home shall be
			 made to the Department thirty days prior to the expiration date on the current
			 license, and on forms prescribed by the Department.
2. A renewal of a license shall be issued,
			 if, upon reexamination, the Department is satisfied that the group day care
			 home or the group nighttime home continues to meet and to maintain the
			 prescribed standards.
(10) Provisions of the License.
(a) Licenses issued by the Department for
			 group day care homes and group nighttime homes are valid for two (2) years from
			 the date of issuance, unless revoked by the Department.
(b) The licensee may voluntarily surrender
			 the license.
(c) The number of
			 children received in a group day care home or a group nighttime home shall not
			 exceed the number and age limitations specified on the license for any part of
			 the day.
(d) A group day care home
			 or a group nighttime home, operating under a license, may publish
			 advertisements of the services offered.
(e) The license is nontransferable and is
			 void if the family moves to another dwelling.
(f) The Department shall have the right, and
			 its authorized representatives shall be afforded reasonable opportunity to
			 inspect in its entirety any child-care facility seeking a license, any
			 child-care facility seeking a renewal of a license, and any child-care facility
			 which is operating under a license or a six-month permit. Such inspection shall
			 be made at any reasonable time, without prior notice. This inspection shall
			 include the entire facility.
(g) No
			 person shall hold a license for a group day care home and a license for a group
			 nighttime home simultaneously without special permission by the County
			 Department. Nighttime homes, in the context of these standards, means a
			 facility in operation past 7:00 p.m.
(h) Any operator who violates any terms or
			 provisions or any reasonable standard or regulation prescribed and published by
			 the Department is guilty of a misdemeanor and shall be fined not less than $100
			 nor more than $1000 or be imprisoned in the county jail not longer than one
			 year, or both such fine and imprisonment, as specified by the court.
(11) Unlicensed Facilities. If the
			 Department finds that a group day care home or group nighttime home is
			 operating without a license, the Department shall report the results of its
			 investigation to the Attorney General for prosecution. The Department may delay
			 making said report for a period of time, not to exceed 60 days, to allow the
			 operator of the group day care home or group nighttime home an opportunity to
			 apply for a license or a six-month permit to meet the standards for group day
			 care homes or group nighttime homes.
(12) Probationary Permit (Alternative to
			 Revocation).
(a) Within the licensure period,
			 the Department may issue one six-month permit on a provisional basis to a
			 licensed child-care facility found to be out of compliance with the
			 Department's minimum standards where such noncompliance does not represent a
			 hazard to the health or safety, or physical, moral or mental well-being of the
			 children in care. During this six-month period, the child-care facility shall
			 correct the items which were in noncompliance and report the corrections to the
			 Department for determination of eligibility for a full license.
(b) The Department cannot consider the
			 issuance of this probationary permit as an alternative to revocation unless the
			 child-care facility has voluntarily surrendered its license to the
			 Department.
(c) This probationary
			 six-month permit is not to be confused with the six-month permit issued to
			 persons making initial application for a license.
(13) Revocation of a License.
(a) The Director of the County Department or
			 his/her designee may revoke or refuse to renew the license to operate a group
			 day care home or group nighttime home, or refuse to issue a full license to the
			 holder of a six-month permit should the operator(s):
1. Consistently fail to maintain standards
			 prescribed and published by the Department;
2. Violate the provisions of the license
			 issued;
3. Furnish or make any
			 misleading or any false statements or reports to the Department;
4. Refuse to submit to the Department any
			 reports or refuse to make available to the Department any records required by
			 the Department in making investigation of the home for licensing purposes;
			 provided, however, that the Department shall not revoke or refuse to renew a
			 license in such case unless it has made written demand on the person, operating
			 the home requesting such report or reports and such person, fails or refuses to
			 submit such records for a period of ten days.
5. Fail or refuse to submit to an
			 investigation by the Department;
6.
			 Fail or refuse to admit authorized representatives of the Department at any
			 reasonable time for the purpose of investigation;
7. Fail to provide, maintain, equip and keep
			 in safe and sanitary condition the premises established or used for child care
			 as required under standards prescribed by the Department, or as otherwise
			 required by any law, regulation or ordinance applicable to such home;
8. Refuse to display its license or
			 permit;
9. Fail to maintain
			 financial resources adequate for the satisfactory care of children served in
			 regard to upkeep of premises and provisions for personal care, medical
			 services, clothing, learning experience and other essentials in the proper
			 care, rearing and training of children; or
10. Fail to adhere to all terms of the Day
			 Care Home Agreement.
(b)
			 If the Department makes the decision to revoke or refuse to renew the license
			 or six-month permit, a pre-revocation hearing must be held in order to discuss
			 the intended action and give the licensee/permit holder an opportunity to show
			 why the action should not be taken. Notice of the pre-revocation hearing and
			 notice of action taken by the Department following the pre-revocation hearing
			 shall be sent to the licensee/permit holder by certified mail unless waived.
			 The pre-revocation hearing does not alter the person's right to a fair
			 hearing.
(c) If an inspection of a
			 licensed day care or nighttime home by the Department discloses any condition,
			 deficiency, dereliction or abuse which is, or could be, hazardous to the
			 health, safety, physical, or mental well-being of the children in the care of
			 the child-care facility being inspected, the Department shall have the power to
			 immediately suspend without notice the license or six-month permit. The
			 suspension may remain in effect for a period of not longer than 120 days and
			 shall not be renewable. A pre-revocation hearing shall be scheduled as soon as
			 possible to give the licensee/permit holder an opportunity to show why the
			 license/permit shall not be revoked. Notice of the pre-revocation hearing and
			 notice of action taken by the Department following the pre-revocation hearing
			 shall be sent to the licensee/permit holder by certified mail unless waived.
			 The pre-revocation hearing does not alter the person's right to a fair
			 hearing.
(d) No pre-denial hearing
			 is required to be held prior to the denial of an initial application for a
			 license or six-month permit.
(14) Request for a Fair Hearing.
(a) An aggrieved person may request a fair
			 bearing in the following situations:
1. If an
			 application for an initial license, six-month permit or an approval is
			 denied;
2. If an application for a
			 renewal of a license, six-month permit or an approval is denied;
3. If an application for an initial license
			 or renewal of a license, six-month permit or an approval is not acted upon
			 within reasonable promptness; or
4.
			 If a license, six-month permit or an approval is revoked.
(b) Notice of the opportunity to request a
			 fair hearing shall be given by certified mail.
(c) When a pre-revocation hearing has been
			 held, a request for a fair hearing must be filed within 14 calendar days of the
			 notice of revocation. Any existing license, six-month permit or approval shall
			 remain in effect during the 14-day time period to request a hearing. If a
			 hearing is requested, the existing license, six-month permit or approval shall
			 remain in effect until, and including, 30 days after the final decision on a
			 request for a rehearing.
(d) If the
			 Department determines, and states in writing, that a danger to the public
			 health, safety or welfare requires emergency suspension, the existing license,
			 permit or approval may be suspended immediately or on the date specified in the
			 notice of suspension.
(e) In all
			 other situations where a pre-action hearing has not been held, a request for a
			 fair bearing must be filed within 60 calendar days of the action (or inaction)
			 with which the aggrieved person is dissatisfied.
(15) Conduct of Fair Hearing.
(a) When a pre-revocation hearing has been
			 held, the fair hearing will be conducted on the record. No additional evidence
			 or testimony will be admitted unless it can be shown that it is material to the
			 issues of the case and could not have been presented at the prior hearing with
			 reasonable diligence or that the additional evidence was not allowed at the
			 prior hearing due to unlawful procedures.
(b) When a pre-action hearing has not been
			 held, the fair hearing is to be conducted in accordance with the general
			 procedures found in Chapter 660-1-5. The following modifications and exceptions
			 to Chapter 660-1-5 as it pertains to day care centers and nighttime centers
			 apply:
1. An aggrieved person as defined in
			 660-1-5.01(1), includes the applicant, licensee or holder of a six-month permit
			 or approval whose:
(i) Application for
			 license or approval is denied; or
(ii) Application for renewal of license or
			 approval is denied; or
(iii)
			 License, approval or six-month permit is revoked, or suspended or otherwise
			 modified; or
(iv) Application for
			 license or approval is not acted upon with reasonable promptness. "Reasonable
			 promptness" is defined as 30 days from the date of the receipt by the
			 Department of all information required to make the decision to grant or deny
			 the license or approval.
2. The following rules are not applicable:
(i)660-1-5-.02(2)
			 Choice or Action and (3) Informal Conference;
(ii)660-1-5-.11 Group Hearing;
			 and
(iii)660-1-1-.12 Combined
			 Hearings.
Author: