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CHAPTER 110: CHILD DEVELOPMENT HOMES (7/1/2004
This chapter establishes registration procedures for child development homes. Included are application and renewal procedures, standards for providers, and procedures for compliance checks and complaint investigation.
441--110.1(237A) Definitions.
"Adult" means a person aged 18 or older.
"Assistant" means a responsible person aged 14 or older. The assistant may never be left alone with children. Ultimate responsibility for supervision is with the child care provider.
"Child" means either of the following:
1. A person 12 years of age or younger.
2. A person 13 years of age or older but younger than 19 years of age who has a developmental disability, as defined under the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law No. 106-402, codified in 42 U.S.C. 15002(8).
"Child care" means the care, supervision, or guidance of a child by a person other than the child's parent, guardian, or custodian for periods of less than 24 hours per day per child on a regular basis. Child care shall not mean special activity programs that meet on a regular basis such as music or dance classes, organized athletics or sports programs, scouting programs, or hobby or craft classes or clubs.
"Child care facility" or "facility" means a child care center, a preschool, or a registered child development home.
"Child care home" means a person or program providing child care to five or fewer children at any one time that is not registered to provide child care under this chapter, as authorized under Iowa Code section 237A.3.
"Child development home" means a person or program registered under this chapter that may provide child care to six or more children at any one time.
"Department" means the department of human services.
"Involvement with child care" means licensed or registered as a child care facility, employed in a child care facility, residing in a child care facility, receiving public funding for providing child care, providing child care as a child care home provider, or residing in a child care home.
"Parent" means parent or legal guardian.
"Part-time hours" means the hours that child development homes in categories B and C are allowed to exceed their maximum preschool or school-age capacity. A provider may use a total of up to 180 hours per month as part-time hours. No more than two children using part-time hours may be in the child development home at any one time.
"Person subject to an evaluation" means a person who has committed a transgression and who is described by any of the following:
1. The person is being considered for registration or is registered.
2. The person is being considered by a child care facility for employment involving direct responsibility for a child or with access to a child when the child is alone, or the person is employed with such responsibilities.
3. The person will reside or resides in a child care facility.
4. The person has applied for or receives public funding for providing child care.
5. The person will reside or resides in a child care home that is not registered but that receives public funding for providing child care.
"Provider" means the person or program that applies for registration to provide child care and is approved as a child development home.
"Registration" means the process by which child care providers certify that they comply with rules adopted by the department.
"Registration certificate" means the written document issued by the department to publicly state that the provider has certified in writing compliance with the minimum requirements for registration of a child development home.
"School" means kindergarten or a higher grade level.
"Transgression" means the existence of any of the following in a person's record:
1. Conviction of a crime.
2. A record of having committed founded child or dependent adult abuse.
3. Listing in the sex offender registry established under Iowa Code chapter 692A.
4. A record of having committed a public or civil offense.
5. Department revocation or denial of a child care facility registration or license due to the person's continued or repeated failure to operate the child care facility in compliance with licensing and registration laws and rules.
441--110.2(237A) Application for registration.
A provider shall apply for registration on Form 470-3384, Application for Child Development Home Registration, provided by the department's local office or, if available, on the department's Web site. The provider shall also use Form 470-3384 to inform the department of any changes in circumstances that would affect the registration.
441--110.3(237A) Renewal.
Renewal of registration shall be completed every 24 months. To request renewal, a provider shall submit Form 470-3384, Application for Child Development Home Registration, and copies of certificates of training, to be retained in the registration file. The renewal process shall include completion of child abuse, sex offender, and criminal record checks.
441--110.4(237A) Number of children.
The number of children shall conform to the following standards:
110.4(1) Limit. Except as provided in subrule 110.4(3), no greater number of children shall be received for care at any one time than the number authorized on the registration certificate.
110.4(2) Children counted. In determining the number of children cared for at any one time in a child development home, each child present in the child development home shall be considered to be receiving care unless the child is described by one of the following exceptions:
a. The child's parent, guardian, or custodian established or operates the child development home and either the child is attending school or the child receives child care full-time on a regular basis from another person.
b. The child has been present in the child development home for more than 72 consecutive hours and meets the requirements of the exception in paragraph "a" as though the person who established or operates the child development home is the child's parent, guardian, or custodian.
110.4(3) Exception for emergency school closing. On days when schools are closed due to emergencies such as inclement weather or physical plant failure, a child development home may have additional children present in accordance with the authorization for the registration category of the home and subject to all of the following conditions:
a. The child development home has prior written approval from the parent or guardian of each child present in the home concerning the presence of additional children in the home.
b. The child development home has a department-approved assistant, aged 14 or older, on duty to assist the care provider, as required for the registration category of the home.
c. One or more of the following conditions are applicable to each of the additional children present in the child development home:
(1) The home provides care to the child on a regular basis for periods of less than two hours.
(2) If the child were not present in the child development home, the child would be unattended.
(3) The home regularly provides care to a sibling of the child.
d. The provider shall maintain a written record including the date of the emergency school closing, the reason for the closing, and the number of children in care on that date.
441--110.5(237A) Standards.
The provider shall certify that the child development home meets the following standards and also the standards in either rule 110.8(237A), 110.9(237A), or 110.10(237A), specific to the category of home for which the provider requests registration.
110.5(1) Health and safety. Conditions in the home shall be safe, sanitary, and free of hazards.
a. The home shall have a non-pay, working telephone with emergency numbers posted for police, fire, ambulance, and the poison information center. A cell phone shall not be used as the primary phone. The number for each child's parent, for a responsible person who can be reached when the parent cannot, and for the child's physician shall be readily accessible by the telephone.
b. All medicines and poisonous, toxic, or otherwise unsafe materials shall be secured from access by a child.
c. A first-aid kit shall be available and easily accessible whenever children are in the child development home, in the outdoor play area, in vehicles used to transport children, and on field trips. The kit shall be sufficient to address first aid related to minor injury or trauma and shall be stored in an area inaccessible to children.
d. Medications shall be given only with the parent's or doctor's written authorization. Each prescribed medication shall be accompanied by a physician's or pharmacist's direction. Both nonprescription and prescription medications shall be in the original container with directions intact and labeled with the child's name. All medications shall be stored properly and, when refrigeration is required, shall be stored in a separate, covered container so as to prevent contamination of food or other medications. All medications shall be stored so they are inaccessible to children.
e. Electrical wiring shall be maintained with all accessible electrical outlets safely capped and electrical cords properly used. Improper use includes running cords under rugs, over hooks, through door openings, or other use that has been known to be hazardous.
f. Combustible materials shall be kept away from furnaces, stoves, water heaters, and gas dryers.
g. Approved safety gates at stairways and doors shall be provided and used as needed.
h. A safe outdoor play area shall be maintained in good condition throughout the year. The play area shall be fenced off when located on a busy thoroughfare or near a hazard which may be injurious to a child, and shall have both sunshine and shade areas. The play area shall be kept free from litter, rubbish, and flammable materials and shall be free from contamination by drainage or ponding of sewage, household waste, or storm water.
i. Annual laboratory analysis of a private water supply shall be conducted to show satisfactory bacteriological quality. When children under the age of two are to be cared for, the analysis shall include a nitrate analysis. When private water supplies are determined unsuitable for drinking, commercially bottled water or water treated through a process approved by the health department or designee shall be provided.
j. Emergency plans in case of man-made or natural disaster shall be written and posted by the primary and secondary exits. The plans shall clearly map building evacuation routes and tornado and flood shelter areas.
k. Fire and tornado drills shall be practiced monthly and the provider shall keep documentation evidencing compliance with monthly practice on file.
l. A safety barrier shall surround any heating stove or heating element, in order to prevent burns.
m. The home shall have at least one 2A 10BC rated fire extinguisher located in a visible and readily accessible place on each child-occupied floor.
n. The home shall have at least one single-station, battery-operated, UL-approved smoke detector in each child-occupied room and at the top of every stairway. Each smoke detector shall be installed according to manufacturer's recommendations. The provider shall test each smoke detector monthly and keep a record of testing for inspection purposes.
o. Smoking and the use of tobacco products shall be prohibited in areas that may be used by children receiving care in the home, in the outdoor play area, and in any vehicle in which children receiving care in the home are transported during the home's hours of operation.
p. Children under the age of one year shall be placed on their backs when sleeping unless otherwise authorized in writing by a physician.
q. Providers shall inform parents of the presence of any pet in the home.
(1) Each dog or cat in the household shall undergo an annual health examination by a licensed veterinarian and be issued a veterinary health certificate. This certificate shall verify that the animal's routine immunizations, particularly rabies, are current and that the animal is free of endoparasites (e.g., roundworms, hookworms, whipworms) and ectoparasites (e.g., fleas, mites, ticks, lice).
(2) Each pet bird in the household shall be purchased from a dealer licensed by the Iowa department of agriculture and land stewardship and shall be examined by a veterinarian to verify that it is free of infectious diseases. Children shall not handle pet birds.
(3) Aquariums shall be well maintained and installed in a manner that prevents children from accessing the water or pulling over a tank.
(4) All animal waste shall be immediately removed from the children's areas and properly disposed of. Children shall not perform any feeding or care of pets or cleanup of pet waste.
(5) No animals shall be allowed in the food preparation, food storage, or serving areas during food preparation and serving times.
r. When there is a swimming or wading pool on the premises:
(1) A wading pool shall be drained daily and shall be inaccessible to children when it is not in use.
(2) An aboveground or in-ground swimming pool that is not fenced shall be covered whenever the pool is not in use. The cover shall meet or exceed the standards of the American Society for Testing and Materials.
(3) An uncovered aboveground swimming pool shall be enclosed with an approved fence that is four feet above the side walls.
(4) An uncovered in-ground swimming pool shall be enclosed with a fence that is at least four feet high and flush with the ground.
s. If children are allowed to use an aboveground or in-ground swimming pool:
(1) Written permission from parents shall be available for review.
(2) Equipment needed to rescue a child or adult shall be readily accessible.
(3) The child care provider shall accompany the children and provide constant supervision while the children use the pool.
(4) The child care provider shall complete training in cardiopulmonary resuscitation for infants, toddlers, and children, according to the criteria of the American Red Cross or the American Heart Association.
t. Homes served by private sewer systems shall be compliant with environmental protection commission rules on wastewater treatment and disposal systems at 567--Chapter 69. Compliance shall be verified by the local board of health within 12 months of renewal or new registration.
u. The provider shall have written policies regarding the care of mildly ill children and exclusion of children due to illness and shall inform parents of these policies.
v. The provider shall have written policy and procedures for responding to health-related emergencies.
w. The provider shall document all injuries that require first aid or medical care using an injury report form. The form shall be completed on the date of occurrence, shared with the parent, and maintained in the child's file.
110.5(2) Provider files. A provider file shall be maintained and shall contain the following:
a. A physician's signed statement that the provider and members of the provider's household are free of diseases or disabilities that would prevent good child care. This statement shall:
(1) Be obtained at the time of the first registration and at least every two years thereafter on all members of the provider's household that may be present when children are in the home.
(2) Include immunization or immune status for measles, mumps, rubella, diphtheria, tetanus, and polio. Providers may consult with their physician regarding recommendations for varicella, influenza, pneumonia, hepatitis A, and hepatitis B immunizations.
b. Certificates or other documentation verifying the following required training:
(1) The provider shall receive two hours of approved child abuse and neglect mandatory reporter training during the first three months of registration as a child development home and every five years thereafter.
(2) The provider shall maintain a valid certificate indicating the date of first-aid training and expiration date. The provider shall obtain first-aid training within the first three months of registration as a child development home. This training shall be provided by a nationally recognized training organization, such as the American Red Cross, the American Heart Association, the National Safety Council, or Emergency Medical Planning (Medic First Aid) or an equivalent trainer and curriculum approved by the department. Effective January 1, 2004, the provider shall receive certification in infant and child first aid that includes management of a blocked airway and mouth-to-mouth resuscitation. Until January 1, 2004, a provider who is unable to obtain first-aid training that includes management of a blocked airway and mouth-to-mouth resuscitation shall also obtain certification in cardiopulmonary resuscitation.
(3) During the first year of registration, the provider shall receive a minimum of 12 hours of training. Two hours of the training must be in the area of health and safety.
(4) During the second year of registration and each succeeding year as a child development home, the provider shall receive a minimum of 12 hours of training chosen from the following categories:
1. Health, safety, and nutrition.
2. Child growth and development.
3. Child observation and assessment.
4. Interactions with children.
5. Learning experiences and environment.
6. Families and communities.
7. Program management.
8. Professional development.
The provider shall receive at least six of the hours of training in a sponsored group setting. The provider may receive the remaining hours in self-study using a training package approved by the department.
(5) A provider who submits documentation from a child care resource and referral agency that the provider has completed the ChildNet training series may use those hours to fulfill a maximum of two years' training requirements, not including first-aid and mandatory reporter training.
c. An individual file for each staff assistant that contains:
(1) A completed Form 595-1396, DHS Criminal History Record Check.
(2) A completed Form 470-0643, Request for Child Abuse Information.
(3) A physician's signed statement that meets the requirements of paragraph 110.5(2)"a."
(4) Certification of a minimum of two hours of approved training relating to the identification and reporting of child abuse completed within six months of employment and every five years thereafter, as required by Iowa Code section 232.69.
d. An individual file for each substitute that contains:
(1) A completed Form 595-1396, DHS Criminal History Record Check.
(2) A completed Form 470-0643, Request for Child Abuse Information.
(3) A physician's signed statement that meets the requirements of paragraph 110.5(2)"a."
(4) Certification of a minimum of two hours of approved training relating to the identification and reporting of child abuse completed within six months of employment and every five years thereafter, as required by Iowa Code section 232.69.
(5) Certification in first aid that meets the requirements of subparagraph 110.5(2)"b"(2).
110.5(3) Activity program. There shall be an activity program which promotes self-esteem and exploration and includes:
a. Active play.
b. Quiet play.
c. Activities for large muscle development.
d. Activities for small muscle development.
e. Play equipment and materials in a safe condition, for both indoor and outdoor activities which are developmentally appropriate for the ages and number of children present.
110.5(4) The certificate of registration shall be displayed in a conspicuous place.
110.5(5) Parental access. Parents shall be afforded unlimited access to their children and to the people caring for their children during the normal hours of operation or whenever their children are in the care of the child development home, unless parental contact is prohibited by court order.
110.5(6) Discipline. Discipline shall conform to the following standards:
a. Corporal punishment including spanking, shaking and slapping shall not be used.
b. Punishment which is humiliating or frightening or which causes pain or discomfort to the child shall not be used.
c. Punishment shall not be administered because of a child's illness, or progress or lack of progress in toilet training, nor shall punishment or threat of punishment be associated with food or rest.
d. No child shall be subjected to verbal abuse, threats, or derogatory remarks about the child or the child's family.
e. Discipline shall be designed to help the child develop self-control, self-esteem, and respect for the rights of others.
110.5(7) Meals. Regular meals and midmorning and mid-afternoon snacks shall be provided which are well-balanced, nourishing, and in appropriate amounts as defined by the USDA Child and Adult Care Food Program. Children may bring food to the child development home for their own consumption, but shall not be required to provide their own food.
110.5(8) Children's files. An individual file shall be maintained for each child and updated annually or when the provider becomes aware of changes. The file shall contain:
a. Identifying information including, at a minimum, the child's name, birth date, parent's name, address, telephone number, special needs of the child, and the parent's work address and telephone number.
b. Emergency information including, at a minimum, where the parent can be reached, the name, street address, city and telephone number of the child's regular source of health care, and the name, telephone number, and relationship to the child of another adult available in case of emergency.
c. A signed medical consent from the parent authorizing emergency treatment.
d. An admission physical examination report signed by a licensed physician or designee in a clinic supervised by a licensed physician.
(1) The date of the physical examination shall not be more than 12 months before the child's first day of attendance at the child development home.
(2) The written report shall include past health history, status of present health, allergies and restrictive conditions, and recommendations for continued care when necessary.
(3) For a child who is five years of age or older and enrolled in school, a statement of health status signed by the parent or legal guardian may be substituted for the physical examination report.
(4) The examination report or statement of health status shall be on file before the child's first day of care.
e. A statement of health condition signed by a physician or designee submitted annually from the date of the admission physical. For a child who is five years of age or older and enrolled in school, a statement of health status signed by the parent or legal guardian may be substituted for the physician statement.
f. A list signed by the parent which names persons authorized to pick up the child. The authorization shall include the name, telephone number, and relationship of the authorized person to the child.
g. A signed and dated immunization certificate provided by the state department of public health. For the school-age child, a copy of the most recent immunization record shall be acceptable.
h. For each school-age child, on the first day of attendance, documentation of a physical examination that was completed at the time of school enrollment or since.
i. Written permission from the parent for the child to attend activities away from the child development home. The permission shall include:
(1) Times of departure and arrival.
(2) Destination.
(3) Persons who will be responsible for the child.
j. Injury report forms documenting injuries requiring first aid or medical care.
110.5(9) Provider. The provider shall meet the following requirements:
a. Give careful supervision at all times.
b. Exchange information with the parent of each child frequently to enhance the quality of care.
c. Give consistent, dependable care and be capable of handling emergencies.
d. Be present at all times except when emergencies occur or an absence is planned, at which time care shall be provided by a department-approved substitute. When an absence is planned, the provider shall give parents at least 24 hours' prior notice.
110.5(10) Substitutes. The provider shall assume responsibility for providing adequate and appropriate supervision at all times when children are in attendance. Any designated substitute shall have the same responsibility for providing adequate and appropriate supervision. Ultimate responsibility for supervision shall be with the provider.
a. All standards in this chapter regarding supervision and care of children shall apply to substitutes.
b. Except in emergency situations, the provider shall inform parents in advance of the planned use of a substitute.
c. The substitute must be 18 years of age or older.
d. Use of a substitute shall be limited to:
(1) No more than 25 hours per month.
(2) An additional period of up to two weeks in a 12-month period.
e. The provider shall maintain a written record of the number of hours substitute care is provided, including the date and the name of the substitute.
110.5(11) to 110.5(13) Rescinded IAB 10/30/02, effective 12/1/02.
441--110.6(237A) Compliance checks.
During a calendar year, the department shall check 20 percent or more of all child development homes in each county for compliance with registration requirements.
Completed evaluation checklists shall be placed in the registration files.
441--110.7(234) Registration decision.
The department shall issue Form 470-3498, Certificate of Registration, when an applicant meets all requirements for registration. Each local office of the department shall maintain a current list of registered child development homes as a referral service to the community.
110.7(1) Registration shall be denied or revoked if the department finds a hazard to the safety and well-being of a child and the provider cannot correct or refuses to correct the hazard, even though the hazard may not have been specifically listed under the health and safety rules. Registration may also be denied or revoked if the department determines that the provider has failed to comply with standards imposed by law and these rules.
110.7(2) Record shall be kept in an open file of all denials or revocations of registration and the documentation of reasons for denying or revoking the registration.
110.7(3) Record checks. The department shall submit record checks in Iowa for each registrant, substitute, and staff member, and for anyone living in the home who is 14 years of age or older and anyone having access to a child when the child is alone. The purpose of these record checks is to determine whether the person has committed a transgression. The department may use Form 470-0643, Request for Child Abuse Information, and Form 595-1396, DHS Criminal History Record Check, Form B, or any other form required for criminal and child abuse record checks. The department may also conduct criminal and child abuse record checks in other states and may conduct dependent adult abuse, sex offender registry, and other public or civil offense record checks in Iowa or in other states.
a. Mandatory prohibition. A person with the following convictions or founded abuse reports is prohibited from involvement with child care:
(1) Founded child or dependent adult abuse that was determined to be sexual abuse.
(2) Placement on the sex offender registry.
(3) Felony child endangerment or neglect or abandonment of a dependent person.
(4) Felony domestic abuse.
(5) Felony crime against a child including, but not limited to, sexual exploitation of a minor.
(6) Forcible felony.
b. Mandatory time-limited prohibition.
(1) A person with the following convictions or founded abuse reports is prohibited from involvement with child care for five years from the date of the conviction or founded abuse report:
1. Conviction of a controlled substance offense under Iowa Code chapter 124.
2. Founded child abuse that was determined to be physical abuse.
(2) After the five-year prohibition period from the date of the conviction or the founded abuse report as defined in subparagraph 110.7(3)"b"(1), the person may request the department to perform an evaluation under paragraph 110.7(3)"c" to determine whether prohibition of the person's involvement with child care continues to be warranted.
c. Evaluation required. For all other transgressions, the department shall deny or revoke the registration, unless an evaluation of the transgression determines that the transgression does not warrant prohibition of involvement with child care.
(1) In an evaluation, the department shall consider all of the following factors:
1. The nature and seriousness of the transgression.
2. The time elapsed since the transgression.
3. The circumstances under which the transgression was committed.
4. The degree of rehabilitation.
5. The likelihood that the person will commit the transgression again.
6. The number of transgressions committed by the person.
(2) The person with the transgression shall complete and return Form 470-2310, Record Check Evaluation, to be used to assist in the evaluation. Failure of the person to complete and return the form within ten calendar days of the date on the form shall result in denial or revocation of the registration certificate.
(3) The department may use information from the department's case records in performing the evaluation.
d. Evaluation decision. The department has final authority in determining whether prohibition of the person's involvement with child care is warranted and in developing any conditional requirements and a corrective action plan. The evaluation and decision shall be made by the service area manager or designee.
(1) Within 30 days of receipt of the completed Form 470-2310, the department shall mail to the person subject to an evaluation and to the registrant for an employee of the registrant Form 470-2386, Record Check Decision, that explains the decision reached regarding the evaluation of the transgression. The department shall also issue Form 470-2386 when the person subject to an evaluation fails to complete the evaluation form within the ten-calendar-day time frame.
(2) If the department determines, through the record check evaluation, that the person's prohibition of involvement with child care is warranted, the person shall be prohibited from involvement with child care.
(3) The department may permit a person who is evaluated to be involved with child care if the person complies with the department's conditions relating to the person's involvement with child care, which may include completion of additional training. For an employee of a registrant, these conditional requirements shall be developed with the registrant.
110.7(4) Letter of revocation. A letter received by an owner or operator of a child development home initiating action to deny or revoke the home's registration shall be conspicuously posted where it can be read by parents or any member of the public. The letter shall remain posted until resolution of the action to deny or revoke an owner's or operator's certificate of registration.
110.7(5) If the department has denied or revoked a registration because the provider has continually or repeatedly failed to operate in compliance with Iowa Code chapter 237A and 441--Chapter 110, the person shall not own or operate a registered facility for a period of 12 months from the date of denial or revocation. The department shall not act on an application for registration submitted by the applicant or provider during the 12-month period. The applicant shall be prohibited from involvement with child care unless the department specifically permits the involvement.
441--110.8(237A) Additional requirements for child development home category A.
In addition to the requirements in rule 441--110.5(237A), a provider requesting registration in child development home category A shall meet the following standards:
110.8(1) Limits on number of children in care.
a. No more than six children not attending kindergarten or a higher grade level shall be present at any one time.
b. Of these six children, not more than four children who are 24 months of age or younger shall be present at any one time. Of these four children, no more than three may be 18 months of age or younger.
c. In addition to the six children not in school, no more than two children who attend school may be present for a period of less than two hours at a time.
d. No more than eight children shall be present at any one time when an emergency school closing is in effect.
110.8(2) Provider qualifications.
a. The provider shall be at least 18 years old.
b. The provider shall have three written references which attest to character and ability to provide child care.
441--110.9(237A) Additional requirements for child development home category B.
In addition to the requirements in rule 441--110.5(237A), a provider requesting registration in child development home category B shall meet the following standards:
110.9(1) Limits on number of children in care.
a. No more than six children not attending kindergarten or a higher grade level shall be present at any one time.
b. Of these six children, not more than four children who are 24 months of age or younger shall be present at any one time. Of these four children, no more than three may be 18 months of age or younger.
c. In addition to the six children not in school, no more than four children who attend school may be present.
d. In addition to these ten children, no more than two children who are receiving care on a part time basis may be present.
e. No more than 12 children shall be present at any one time when an emergency school closing is in effect.
f. If more than eight children are present at any one time for a period of more than two hours, the provider shall be assisted by a department-approved assistant who is at least 14 years old.
110.9(2) Provider qualifications.
a. The provider shall be at least 20 years old.
b. The provider shall have a high school diploma or GED.
c. The provider shall either:
(1) Have two years of experience as a registered or nonregistered child care provider, or
(2) Have a child development associate credential or any two-year or four-year degree in a childcare-related field and one year of experience as a registered or nonregistered child care home provider.
110.9(3) Facility requirements.
a. The home shall have a minimum of 35 square feet of child-use floor space for each child in care indoors, and a minimum of 50 square feet per child in care outdoors.
b. The home shall have a separate quiet area for sick children.
c. The home shall have a minimum of two direct exits to the outside from the main floor.
(1) If the second level or the basement of the home is used for the provision of child care, other than the use of a restroom, each additional child-occupied floor shall have at least one direct exit to the outside in addition to one inside stairway.
(2) All exits shall terminate at grade level with permanent steps.
(3) A basement window may be used as an exit if the window can be opened from the inside without the use of tools and it provides a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor, with permanent steps inside leading up to the window.
(4) Occupancy above the second floor shall not be permitted for child care.
441--110.10(237A) Additional requirements for child development home category C.
In addition to the requirements in rule 441--110.5(237A), a provider requesting registration in child development home category C shall meet the following standards:
110.10(1) Limits on number of children in care.
a. No more than 12 children not attending kindergarten or a higher grade level shall be present at any one time.
b. Of these 12 children, not more than 4 children who are 24 months of age or younger shall be present at any one time. Whenever 4 children who are under the age of 18 months are in care, both providers shall be present.
c. In addition to the 12 children not in school, no more than 2 children who attend school may be present for a period of less than two hours at any one time.
d. In addition to these 14 children, no more than 2 children who are receiving care on a part-time basis may be present.
e. No more than 16 children shall be present at any one time when an emergency school closing is in effect. If more than 8 children are present at any one time due to an emergency school closing exception, the provider shall be assisted by a department-approved assistant who is at least 18 years of age.
f. If more than eight children are present, both providers shall be present. Each provider shall meet the provider qualifications for child development home category C.
110.10(2) Provider qualifications.
a. One provider who meets the following qualifications must always be present:
(1) The provider shall be at least 21 years old.
(2) The provider shall have a high school diploma or GED.
(3) The provider shall either:
1. Have five years of experience as a registered or nonregistered child care provider, or
2. Have a child development associate credential or any two-year or four-year degree in a child care-related field and four years of experience as a registered or nonregistered child care home provider.
b. The coprovider shall meet the requirements of subrule 110.9(2).
110.10(3) Facility requirements.
a. The home shall have a minimum of 35 square feet of child-use floor space for each child in care indoors, and a minimum of 50 square feet per child in care outdoors.
b. The home shall have a separate quiet area for sick children.
c. The home shall have a minimum of two direct exits to the outside from the main floor.
(1) If the second level or the basement of the home is used for the provision of child care, other than the use of a restroom, each additional child-occupied floor shall have at least one direct exit to the outside in addition to one inside stairway.
(2) All exits shall terminate at grade level with permanent steps.
(3) A basement window may be used as an exit if the window can be opened from the inside without the use of tools and it provides a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor, with permanent steps inside leading up to the window.
(4) Occupancy above the second floor shall not be permitted for child care.
441--110.11(237A) Complaints.
The department shall conduct an on-site visit when a complaint is received.
110.11(1) After each complaint visit, the department shall document whether the child development home was in compliance with registration requirements.
110.11(2) The written documentation of the department's conclusion as to whether the child development home was in compliance with requirements shall be available to the public. However, the identity of all complainants shall be confidential, unless expressly waived by the complainant.
441--110.12(237A) Registration actions for nonpayment of child support.
The department shall revoke or deny the issuance or renewal of a child development home registration upon the receipt of a certificate of noncompliance from the child support recovery unit of the department according to the procedures in Iowa Code chapter 252J. In addition to the procedures set forth in Iowa Code chapter 252J, the rules in this chapter shall apply.
110.12(1) Service of notice. The notice required by Iowa Code section 252J.8 shall be served upon the applicant or registrant by restricted certified mail, return receipt requested, or personal service in accordance with Iowa Rules of Civil Procedure 56.1. Alternatively, the applicant or registrant may accept service personally or through authorized counsel.
110.12(2) Effective date. The effective date of the revocation or denial of the registration as specified in the notice required by Iowa Code section 252J.8 shall be 60 days following service of the notice upon the applicant or licensee.
110.12(3) Preparation of notice. The department director or designee of the director is authorized to prepare and serve the notice as required by Iowa Code section 252J.8 upon the applicant or registrant.
110.12(4) Responsibilities of registrants and applicants. Registrants and registrant applicants shall keep the department informed of all court actions, and all child support recovery unit actions taken under or in connection with Iowa Code chapter 252J, and shall provide the department copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 252J.9, all court orders entered in the actions, and withdrawals of certificates of noncompliance by the child support recovery unit.
110.12(5) District court. A registrant or applicant may file an application with the district court within 30 days of service of a department notice pursuant to Iowa Code sections 252J.8 and 252J.9. a. The filing of the application shall stay the department action until the department receives a court order lifting the stay, dismissing the action, or otherwise directing the department to proceed. b. For purposes of determining the effective date of the revocation, or denial of the issuance or renewal of a registration, the department shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.
110.12(6) Procedure for notification. The department shall notify the applicant or registrant in writing through regular first-class mail, or such other means as the department deems appropriate in the circumstances, within ten days of the effective date of the revocation of a registration or the denial of the issuance or renewal of a registration, and shall similarly notify the applicant or registrant when the registration is issued, renewed, or reinstated following the department's receipt of a withdrawal of the certificate of noncompliance.
110.12(7) Appeal rights. Notwithstanding Iowa Code section 17A.18, the registrant does not have the right to a hearing regarding this issue, but may request a court hearing pursuant to Iowa Code section 252J.9.
441--110.13(237A) Transition exception.
The following transition exceptions shall apply to providers renewing a valid previously issued child care home registration on or after December 1, 2002:
110.13(1) If the provider is providing child care to four infants at the time of renewal, the provider may continue to provide child care to those four infants. However, when the provider no longer provides child care to one or more of the four infants, or one or more of the four infants reaches the age of 24 months, this exception shall no longer apply. This exception does not affect the overall limit on the number of children in care under the child development home category within which the provider is registered.
110.13(2) If the provider is providing child care to school-age children in excess of the number allowable for the provider's registration category at the time of renewal, the provider may continue to provide care to those children and may exceed the total number of children authorized for that category by the excess number of school-age children. This exception is subject to the following conditions:
a. The maximum number of children attributable to this exception is five.
b. The provider must comply with the other requirements limiting the number of children under that registration category.
c. If more than eight children are present at any one time for more than two hours, the provider shall be assisted by a department-approved assistant who is at least 14 years of age.
d. When the provider no longer provides child care to one or more of the school-age children who was receiving child care at the time of registration, the excess number of children allowed under this exception shall be reduced accordingly.
441--110.14(237A) Prohibition from involvement with child care.
If the department has prohibited a person or program from involvement with child care, that person or program shall not provide child care as a nonregistered child care home provider.
These rules are intended to implement Iowa Code section 234.6 and chapter 237A.
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