Licensing Standards for DayCare Centers

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102 - Licensing Procedures

1. 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.

2. Time for processing: The Licensing Specialist has sixty days to submit a recommendation to the Division.

3. 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.

1. Facility serving up to 17 children -$15 per year

2. Facility serving 17 to 99 children -$50 per year

3. 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:

1. 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.

2. New Regular License or Conversion from provisional to regular status: License fee is to be paid prior to issuance of a new license.

3. Conversion to Provisional Status: No license fee is due for licenses converted to provisional status during the term of a regular license.

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 a license.

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.

4. 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.

5. 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.

6. 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.

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.

7. 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.

8. 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 are eliminated.

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.

9. 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.

10. 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.

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