Licensing Standards for DayCare Centers

Section 290-2-2-.07
Inspections and Investigations

The department is 

authorized and empowered to conduct investigations and on-site  

inspections of any day care center required by these rules to be licensed or  

commissioned. The proposed and current licensee or commission holder  

and staff shall cooperate with any inspection or investigation by  

responding truthfully to any legitimate departmental inquiry.  

 

(a) Initial Inspection.  Following receipt and review of the complete  

application package, the department may conduct an on-site inspection of  

the center to assess compliance with these rules.  

 

(b) Consent to Entry.  An application for a license or commission to  

operate a day care center or the issuance of a license or commission by the  

department constitutes consent by the applicant, the proposed holder of  

the license or commission and the owner of the premises for the  

department's representative, after displaying identification to any center  

staff, to enter the premises at any time during operating hours for the  

purpose of inspecting the facility, including both scheduled and  

unscheduled inspections and includes consent for meaningful access to all  

staff, parts of the premises, all children present, and all records required  

by these rules. The department shall have the right to photocopy or  

reproduce by any means any record required by these rules to be  

maintained and as needed for any inspection or investigation.  

 

(c) Other Inspections.  The department may conduct on-site inspections of  

a center in the following instances:  

 

1. annually or at other regular intervals as the department may determine  

or at the expiration of the current license or commission; or  

 

2. upon receiving a report alleging child abuse, neglect or deprivation  

which occurred while the child was in the care of the center director or  

employees; or  

 

3. upon receiving a complaint concerning the center which could  

endanger the health, safety or welfare of the children in care; or  

 

4. upon receipt and review of a request for an amended license or  

commission, where the department determines that an on-site inspection  

is advisable; or 

 

5. upon the department or its duly authorized representative being made  

aware of any flagrant abuses, derelictions or deficiencies during the  

course of the department's inspection or at any other time. The department  

shall immediately investigate such matters and may make an on-site  

inspection so as to take such actions as conditions may require; or  

 

6. subsequent to the receipt of a plan of correction, as determined  

necessary by the department, to monitor whether the plan of correction is  

being complied with by the center personnel.  

 

(d) Failure to Allow Access.  Failure to allow access of the department's  

representative to the center, center staff, or the children receiving care at  

the center, or the records required by these rules or failure to cooperate  

with a departmental inspection or investigation shall constitute good  

cause for the denial, restriction, revocation or suspension of a license or  

commission.  

 

(e) False or Misleading Statements.  No licensee or commission holder  

shall make or condone any employee making false or misleading  

statements to the department in connection with any authorized  

investigation of inspection being conducted by the department. 

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