Licensing Standards for DayCare Centers

Section 290-2-2-.06
Applications

 

An application for a license or commission to operate a day care center  

shall be submitted to the department on the forms provided by the  

department. 

 

(a) Applicant Defined.  The individual completing the application for a  

license or a commission shall be competent and at least eighteen (18)  

years of age. 

 

1. When the center is owned by a sole proprietorship, the individual  

proprietor shall apply for the license of commission,  

 

 

complete the statement of responsibility and serve as the licensee or  

commission holder;  

 

2. When the center is owned by a partnership, the general partners shall  

apply for the license or commission, complete the statement of  

responsibility and serve as the licensee or commission holder;  

 

3. When the center is owned by an association, the governing body of the  

association shall authorize the application for the license or commission  

and complete the statement of responsibility and the association shall  

serve as the licensee or commission holder;  

 

4. When the center is owned by a corporation, the governing body of the  

corporation shall authorize the application for the license or commission  

and complete the statement of responsibility and the corporation shall  

serve as the licensee or commission holder.  

 

(b) Time for Filing.  An application for a license or commission shall be  

submitted at least thirty (30) days prior to the proposed opening date of  

the new day care center.  

 

(c) Criminal Records Check Required. The director and employees of a  

center must submit to criminal records checks in connection with any  

application for a license or commission.  

 

1. Preliminary Records Check.  Before a license or commission to operate  

a day care center may be issued there shall be on file with the department:  

 

(i) A satisfactory preliminary criminal records check determination on the  

administrator; and 

 

(ii) A preliminary records check application for all employees. 

 

2. Ongoing Requirements. Before a person may become a director or an  

employee in a licensed or commissioned day care facility, the holder of  

the license or commission shall cause the person to be employed to  

submit a preliminary records check application to the department. 

 

(i) No person having an unsatisfactory determination as to his or her  

criminal record may be a director or employee of a licensed or  

commissioned center. 

 

3. Penalties. A license or commission is subject to suspension or  

revocation and the department may refuse to issue a license or  

commission if a director or employee does not undergo the records checks  

applicable to that director or employee and receive a satisfactory  

determination. A director of a center having an employee whom that  

director knows, or should  

 

reasonably know, to have a criminal record shall be  guilty of a  

misdemeanor. 

 

(d) Amended License or Commission. If there is to be a change in  the  

name of the program or center, changes in the ages of the children to be  

served, an increase in the regular hours of operation such that the center  

would be providing evening or night-time care in addition to daytime  

care, changes in the services provided, additions to or changes in the use  

of the building by the licensed or commissioned day care center, an  

application for an amended license or commission shall be submitted at  

least thirty (30) days prior to the change, except in the case of an  

emergency, if an emergency situation arises which makes it impossible to  

give thirty (30) days notice, the management of the center shall notify the  

department by telephone and shall submit an application for an amended  

license as soon as management becomes aware of the change that will be  

necessitated by the emergency situation. 

 

1. In no case, however, shall a new owner operate the day care center  

without first securing a new license or commission from the department. 

 

(e) Separate Licenses or Commissions. A separate license or com-   

mission application is required for each address or location at which a  

center is proposed to be operated even when all of the proposed centers 

 

 

 

are owned by the same person or entity. A separate license or commission  

is also required for each center operated at a single location by the same  

or different persons or entities. 

 

(f) Notice of Denial. If the department determines that the applicant does  

not comply with these rules and determines that the issuance of a  

temporary or restricted license is not appropriate, the department will  

provide a written notice of the denial of licensure or commission and the  

opportunity for a hearing to the applicant.  

 

(g) False or Mideading Information. The application for a license or  

commission, including the application for a criminal records check must  

be truthfully and fully completed. In the event that the department has  

reason to believe that the application has not been completed truthfully,  

the department may require additional verification of the facts alleged.  

The department may refuse to issue a license or commission where false  

statements have been made in connection with the application or any  

other documents required by the department.  

 

(h) Designation as Licensed or Commissioned. No center shall claim to be  

a licensed or commissioned center unless it has been issued a current and  

valid license or commission by the department. 

Home               About Us               Login               Sign-Up               Products            Contact Us