for DayCare Centers
102 - Licensing
- Application --An application shall be obtained from the Child
Care Licensing Unit. The completed application shall be submitted to the Child
Care Licensing Unit for review and approval. After receipt of a completed
application, the Licensing Specialist has 60 days to submit a recommendation
to the Division. A completed application shall consist of:
- a. A signed application form with a designated person who assumes legal
responsibility for operation of the child care facility;
- b. Name of proposed director and their qualifications;
- c. A description of the services that will be provided to the children;
- d. Verification that criminal record checks and child maltreatment central
registry checks have been initiated on all owners, operators and employees
of the Child Care Center;
- e. Health department, fire department, and zoning approval;
- f. Floor plan
- g. Clear written guidelines of responsibility for the board and administrator
if the facility has a governing board.
- Time for processing: The Licensing Specialist has sixty days
to submit a recommendation to the Division.
- Licensing fees
- a. Each facility shall submit an annual license fee as long as the facility
is in compliance with the Minimum Licensing Requirements for Child Care Facilities.
- Facility serving up to 17 children -$15 per year
- Facility serving 17 to 99 children -$50 per year
- Facility serving 100 or more children --$100 per year
- A facility license is determined by combining the maximum license capacity
of all licenses located within the same premises.
- b. Upon review and determination by the Child Care Licensing Specialist
of a licensing recommendation, the Child Care Licensing Specialist shall issue
a Notice of License Fee Due to the facility.
- c. The Division shall not issue a license unless the required license fee
has been paid.
- d. Verification of receipt of license fee shall be presented to the Division
at the time of licensure recommendation.
- e. The fee schedule shall apply to all child care facility recommendations
for licensure as follows:
- New Provisional License -Provisional License for new operation
to be issued for a period of twelve months. A one year license fee is
paid prior to the issuance of a provisional license that shall be in effect
for twelve months.
- New Regular License or Conversion from provisional to regular
status: License fee is to be paid prior to issuance of a new license.
- Conversion to Provisional Status: No license fee is due for
licenses converted to provisional status during the term of a regular
- f. A second notice of license fee due will be sent to facilities failing
to submit the required license fee (Notice of License Fee Past Due). This
notice will be sent 20 days after the initial notice of fee due. Failure to
submit a license fee within 20 days of the past due notice will result in
a recommendation to the Division to cease and desist the operation of the
child care facility.
- g. Refunds of license fees paid are made only when the Division does not
approve issuance of a license. There shall be no refunds of license fees paid
for voluntary closure of a facility or for Division action to revoke or suspend
- h. All license fees paid to the Division shall be deposited in a special
Child Care Provider's Fund. This Fund shall be used to meet the cost of conducting
statewide criminal record checks, with the remaining money used for training
or materials to be loaned to the child care providers. Funds to cover the
cost of statewide criminal checks shall not exceed the total fees collected
and deposited in the fund.
- License --The Child Care Licensing Unit shall conduct a licensing
study of each Child Care Center to determine eligibility for a license. The
facility shall be approved by the Child Care Licensing Unit before a license
may be issued by the Division. A license for a Child Care Center shall specify:
- a. The name and address of the facility;
- b. The owner/operator of the Child Care Center;
- c. The number of children authorized for care at the Child Care Center;
- d. The expiration date of any provisional licenses; and
- e. The type of care the Child Care Center will be providing.
- License --Non-transferable --A license for a Child Care Facility
or approval for church operated exempt status shall apply only to the address
and location stated on the license or approval issued. It shall not be transferable
from one holder of the license or approval to another, or from one place to
another. If the location of a Child Care Facility is changed, or the operator
of the Child Care Facility is changed, then the license or approval for that
Child Care Facility shall be automatically revoked on such a change. The Child
Care Facility shall notify the Licensing Unit of a change of location or ownership.
Violations of rules are documented in writing by use of the licensing compliance
record. Documentation shall include:
- Compliance --On-site inspections of Child Care Centers are
conducted by the Child Care Licensing Unit on a routine basis to determine
a facility's continued compliance with standards. The Child Care Licensing
Unit shall have the authority to make both scheduled and unscheduled visits
throughout the license to determine continued compliance with the requirements
and to offer consultation and technical assistance.
The Child Care Licensing Specialist will increase unscheduled monitor visits where
numerous violations of standards are cited.
- a. Reference to the specific rule violated;
- b. A factual description of the nature of the violation and how the Child
Care Center failed to comply;
- c. A date of expected corrections.
If a violation is of imminent threat to the health, safety and welfare of
the children attending the Child Care Center, corrective action or compliance
shall be obtained within 24 hours in order to insure the health, safety and
welfare of the children in care. If a Child Care Center violates an administrative
standard or a standard that does not directly threaten the immediate health,
safety or welfare of the children in care, these violations shall be corrected
within a reasonable time as mutually agreed upon by the Child Care Licensing
Unit and the Child Care Center.
Once a violation has been corrected, the correction is documented on the Licensing
Compliance Record and a copy is provided to the Child Care Center.
At the end of the provisional license, the Division may in its discretion:
- License -Provisional --The Child Care Licensing Specialist
shall recommend a provisional license when the facility is newly opened, a
facility has been acquired by new owners whose compliance history has not
been determined, or the facility is not operating in substantial compliance,
but the deficiencies are not so numerous, frequent or severe as to jeopardize
the health, safety, and welfare of children. A provisional license shall not
exceed twelve (12) months in length.
- a. Issue a regular license;
- b. Revoke the license;
- c. Suspend the license; or
- d. Issue a successive provisional license in conjunction with the imposition
of a civil penalty.
If granted, the suspension order remains in effect until the order expires or
until the Division determines that the problems necessitating the suspension order
have been resolved.
- License -Suspension--Suspension is appropriate when the CCLS
determines that the facility has serious areas of non-compliance, but the
facility would be able to resume normal operation when the harmful conditions
If the Division finds that the terms of the suspension order have been met
prior to the expiration of the suspension period, the Division retains the discretion
to reinstate the license. If the terms of the order have not been met, the Division
may revoke the license.
- License -Revocation --The Division revokes a license when
a currently-licensed facility is operating in such a state of non-compliance
that the facility shall be made to cease operation and the operator shall
not be eligible to reapply for at least one year.
- Hearings --A Child Care Center shall be afforded notice
and an opportunity to show cause why adverse action should not be taken by
the Division. Information regarding an appeal process is available upon request.