Licensing Standards for DayCare Centers

Section 17-895-3
Inspection and issuance of license

        (a)  In exercising its authority to license child    

care facilities or renew, suspend, or revoke the license,    

the department shall analyze the qualifications of    

providers of child care, review the facility's written    

policies and program provisions, and inspect the child    

care facility.  Authorized representatives of the    

department and parents or guardians of the children in    

care may visit a child care facility at any time during    

the hours of operation for purposes of observing,   

monitoring, and inspecting the facilities, activities,    

staffing, and other aspects of the child care facility.    

The department may call on political subdivisions and    

governmental agencies for appropriate assistance within    

the agencies' authorized fields.     

        (b)     The applicant or licensee shall cooperate with    

the department by providing access to its facilities,    

records, and staff.  Failure to comply with reasonable    

requests may constitute grounds for denial, suspension, or    

revocation of license.    

        (c)     After the initial licensure, the licensee shall    

ensure that new employees and rehires shall be    

fingerprinted no later than five working days of    

employment.     

        (d)     The applicants and employees shall provide    

consent to the department to conduct a state name check no    

later than five working days of the employment anniversary    

date or the anniversary date of the last consent to a    

state name check.     

        (e)     The department may request the applicant or    

licensee to terminate the employment of an employee who    

has a criminal history, employment history, or background    

which poses a risk to children in care.  Any such request    

shall be in writing and shall state with specificity the    

criminal conviction, employment history, or background    

information which indicates a risk to children.     

        (1)     When the applicant does not terminate the    

employment of the employee, the applicant shall    

notify the department no later than seven    

working days of receipt of the request.  Such    

notification shall be in writing and shall state    

the reason or reasons for the decision.     

        (2)     Refusal to terminate the employment of an    

employee when requested under this section may    

be grounds for revocation or suspension of a    

license.    

        (f)     Rules prescribed herein are minimum standards.     

     (g)  The department shall issue a license under the    

following conditions:     

        (1)     A regular license shall be issued if the result    

of the department's evaluation indicates    

compliance with the applicable rules as    

established by the department; or    

        (2)     A provisional license shall be issued if the    

result of the department's evaluation indicates    

that all of the applicable rules cannot be met    

immediately but shall be met within three months    

or less, and the deviations do not threaten the    

health or safety of the children.     

        (h)     The length of the licensing period shall be as    

follows:     

        (1)     Regular licenses shall be valid for one year    

unless subsequently suspended or revoked.  When    

a regular license is issued after a provisional    

license, the expiration date of the regular    

license shall be one year from the issuance date    

of the provisional license;    

        (2)     Provisional licenses may be issued for three    

months; and   

        (3)     Licenses shall be renewed only upon application    

and upon the department's approval.     

        (i)     Each license shall clearly state the kind of    

program the licensee is permitted to operate, the address    

of the licensee, and the number and types of children who    

can be cared for at the facility. 

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