Current through Register Vol. 49, No. 9, September, 2024
100
CHILD
CARE LICENSING
101
Related Laws
and Requirements1. "The Child Care
Facility Licensing Act", Act
20-78-210 -220, as amended, is the
legal authority under which the Division of Child Care and Early Childhood
Education prescribes minimum standards for a variety of child care facilities
under the Act.
2. The Division of
Child Care and Early Childhood Education (referred to hereafter as the
Division) under the Department of Human Services is directly responsible for
the inspection and evaluation of all Licensed Homes as defined in Section 102
of the Minimum Licensing Requirements for Child Care Family Homes.
3. The Division has the power to establish
rules, regulations and standards for licensing and operation of child care
facilities. This includes all powers with respect to granting, revocation,
denial and suspension of licenses. Decisions regarding special situations shall
be made on an individual basis by the Division. Information regarding an appeal
process is available upon request.
4. The Division works in coordination with
local and state Health Departments, Fire Departments, City Planning or Zoning
departments and the Boiler Division of the Department of Labor. Persons
considering opening or expanding a family home shall immediately contact these
individual departments for inspections and information on their separate
regulations.
It is recommended that a prospective Licensee request
clarification regarding the codes or covenants enforced by these departments as
some may prevent the operation of a Child Care Family Home at a particular
location, may limit the number of children in care or may impose additional
safety requirements.
5. It
is recommended that the owner be aware of applicable city or county zoning
ordinances or codes or neighborhood covenants which may limit the number of
children in care or impose additional safety requirements. The Division will
share information on the location and status of Licensed Homes or applications
for a license with any city or county that requests this information.
6. Child Care Licensing Unit will notify the
applicable federal agency at any time they become aware of or are advised of
violations of any of the following or similar laws. It is recommended that the
owner be aware of applicable federal laws which may affect the operation of the
facility, such as, but not limited to:
a.
Americans with Disabilities Act (ADA).
b. Environmental Protection Agency (EPA)
regulations to ensure that any renovation or repair work on a home, child care
facility or school that was constructed prior to 1978 shall be completed by a
contractor that is certified by the Environmental Protection Agency (EPA), when
the repairs and/or renovations consist of any or all of the following: the
repair or renovation disturbs six (6) or more square feet of the interior, the
repair or renovation disturbs twenty (20) or more square feet of the exterior,
and/or the repair or renovation involves removing a window.
c. Federal civil rights laws state that a
facility may not discriminate on the basis of race, color, sex, religion,
national origin, physical or mental handicap, or veteran status.
7. The Licensee shall maintain
Child Care Liability insurance and comply with the following requirements:
a. Prior to approval of an application, the
applicant shall provide verification of the required coverage to the Licensing
Specialist and provide subsequent verification when requested. (Homes licensed
prior to the effective date of this revision shall have ninety (90) days to
comply with this requirement.)
b.
Maintain the minimum amount of $100,000 per occurrence
Laws relevant to the operation of child care facilities
are available upon request.
102
General Requirements1. A Child
Care Family Home is defined as a situation in which children are cared for in a
caregiver's own family residence or in some other suitable family type
residence. There shall be no more than one license issued per home/structure.
(This does not apply to situations such as duplex where two licenses could be
issued to two separate applicants.)
2. In determining a recommendation for
licensing the home shall be reviewed by a Child Care Licensing Specialist to
determine that the home is in substantial compliance with the
requirements.
3. Substantial
Compliance means compliance with all essential standards necessary to protect
the health, safety and welfare of the children attending the Child Care Family
Home. Essential standards include but are not limited to those relating to
issues involving fire, health, safety, nutrition, behavior guidance,
staff/child ratio and space.
4. A
home requires licensing when one (1) or more persons care for six (6) or more
children, from more than one (1) family at the same time. A maximum of sixteen
(16) children may be cared for with a Child Care Family Home license.
5. An individual shall be eligible to hold
only one license, which shall be issued for one location. The holder(s) of the
license shall be considered the primary caregiver(s) and shall be present and
responsible for children during hours of care. At least one of the Licensees
(primary caregivers) shall be present at all times children are in care and
shall not be otherwise employed during the hours of care.
6. If a qualified secondary caregiver is
present, the primary caregiver may be absent for reasons related to the
operation of the childcare business such as attending required training, and
for brief and/or occasional absences relating to personal business or personal
time off. Compliance with staff to child ratio must still be maintained during
the absence of the primary caregiver.
7. The caregiver's own preschool children
shall be considered when determining the need for a license. The caregiver's
own school age children are not considered when determining the need for a
license. Other children in the home who are not accompanied by a parent,
whether pay is received for care or not, are considered in determining the need
for a license and will be counted in the ratio after a license is
obtained.
8. A Child Care Family
Home which is not required to be licensed by this definition may voluntarily
choose to apply for a license or for registration with the Voluntary
Registry.
9. Any home that has not
provided care to children for a period of one year shall have the license
closed unless a written request is made by the Licensee stating why closure
should not take place. If the Licensee requests that the license remain open,
license fees and required annual inspections shall be kept current.
103
Licensing
Procedures
1. Any applicant applying
for a home license may contact the local Division Office or Child Care
Licensing Specialist to obtain information and/or the necessary application and
related forms.
2. The primary
caregiver in the home shall submit the following to complete the application
process:
a. A completed and signed
application on a form provided by the Division
b. Diagram of the home
c. Fire department approval, if
applicable
d. Health department
approval, if applicable
e. Zoning
approval, if applicable, shall be provided by new applicants for license and by
existing homes requesting increase in licensing capacity
f. Boiler inspection, or verification that
inspection has been scheduled
g.
Verification of Child Care Liability Insurance (If Child Care Liability
Insurance cannot be obtained before application, it must be obtained with proof
provided to the Child Care Licensing Unit before care of children
can be provided.)
h. Verification
that all required criminal background checks and child maltreatment central
registry checks have been initiated
i. All caregiver's names shall be included on
the application for the license.
3. A pre-approval consultation meeting shall
be required for all applicants for a license prior to the approval of the
application. This meeting shall be offered prior to application or within
thirty (30) days of receipt of the application.
4. Upon receipt of a signed application the
Child Care Licensing Specialist shall schedule an appointment to inspect,
evaluate and make a recommendation for consideration of license to the
Division.
5. The Child Care
Licensing Unit shall have the authority to make both scheduled and unscheduled
visits to:
a. Conduct inspections and reviews
to determine compliance with the licensing requirements
b. Investigate complaints involving possible
violations of licensing requirement
c. Offer consultation and technical
assistance
6.
Compliance: On-site inspections of Licensed Child Care
Family Homes are conducted by the Child Care Licensing Unit on a routine basis
to determine a home's continued compliance with the standards. The caregiver(s)
shall cooperate with licensing staff during licensing visits and
investigations. (
Clarification: In addition to rooms used for
care, Child Care Licensing Staff must also be given access to all other rooms
or spaces not used for child care. Any rooms or areas that are not accessible
to children in care will only be viewed briefly for major health and safety
issues and will not be routinely monitored for general licensing compliance.
This is to help insure that there are no dangers such as fire hazards, which
could impact the safety of the entire structure.)
Violations of rules are documented in writing by use of the
licensing compliance record. Documentation shall include:
a. Reference to the specific rule violated
b. A factual description of the
nature and the violation and how the home failed to comply
c. A date of expected corrections
7. If video recordings are made by
the facility, and are maintained for viewing as a part of a continuous
monitoring system, they shall be made available to licensing staff upon
request. This does not include video recordings of special events,
etc.
8. The license as issued shall
apply only to the home's location at the time of licensing. The Licensee shall
notify the Child Care Licensing Specialist's office of a change of location or
ownership at which time a new study shall be conducted. Upon issuance of a
license, the license shall remain in effect as long as compliance is maintained
with the Minimum Licensing Requirements for Child Care Family Homes.
9.
New Provisional
License: If the Division Staff finds that an applicant meets the
licensing requirements for a Child Care Family Home or has a reasonable
expectation of correcting deficiencies in a reasonable time, the Child Care
Licensing Specialist may recommend a new provisional license for operation of a
Child Care Family Home to the Division. The new provisional license shall be in
effect for a reasonable period, not to exceed twelve (12) months. This time
frame shall be specified in the new provisional license. A written list of
deficiencies shall be provided to the applicant at the time of issuance of a
new provisional license. A Licensing Specialist has sixty (60) days to submit a
recommendation to the Division for a provisional license.
10.
Regular License:
The Child Care Licensing Specialist will recommend a Regular license when the
facility has demonstrated substantial compliance, or when an existing Licensee
with a Regular license relocates their facility and their past demonstrates a
substantial level of compliance.
11.
Probationary Provisional
License: The Licensing Unit may issue a Probationary Provisional
license when the home is not maintaining substantial compliance due to
deficiencies which are so numerous, frequent or severe as to potentially
jeopardize the health, safety, and welfare of children. The home and the
Licensing Unit shall have a corrective action plan in place addressing the
issues.
Based on the level of compliance during the period of the
Probationary Provisional license the Licensing Unit may:
a. Issue a Regular license
b. Suspend a license
c. Revoke a license
12.
Suspension of
License: Upon final determination by the Division of a suspension
of a license, the Division shall specify in the suspension order the period of
the suspension. (The suspension of a license may range from one (1) month to a
maximum of twelve (12) months. The license may be reinstated at such time as
the Division finds that the terms of the suspension order have been
met.)
13. The Division may revoke a
license when any of the following situations occur:
a. The facility fails to maintain substantial
compliance with licensing requirements.
b. The facility fails or refuses to correct
cited deficiencies in a timely manner.
c. The facility fails to insure the health,
safety and welfare of children in care.
14. The revocation of a license nullifies and
cancels the license. At the time of a final determination of revocation of the
license by the Division, the Division shall specify in the revocation letter
the terms of the revocation. The Licensee shall not be eligible to reapply for
a license for a minimum of one year or longer, if specified in the revocation
order. Related parties shall not be eligible to apply for the same specified
period. (Related parties are defined as immediate family members, members on
the Board of Directors, persons or entities associated or affiliated with, or
which share common ownership, control, or common board members or which have
control of or is controlled by the Licensee. An immediate family member is
defined as a spouse, step and in-law relationships, a child, a natural or
adoptive parent, a sibling, a grandparent, a grandchild or a son or
daughter-in-law.) Applicants who are denied a license or registration due to
this requirement may appeal the denial to the Child Care Appeal Review Panel.
Homes wishing to be re-licensed must submit a new application for licensure for
review and approval by the Division. Approval must be obtained and a new
license issued before the home provides care to a licensable number of
children.
104
License Fees
1. A Child Care Family
Home shall be assessed a license fee of $15.00 per year.
2. Upon review and determination by the Child
Care Licensing Specialist of a licensing recommendation to be presented to the
Division, the Child Care Licensing Specialist shall issue a Notice of License
Fee Due to the home.
3. The
Division shall not issue a license unless the required license fee has been
paid.
4. A copy of the license fee
notice shall be submitted at the time of licensure recommendation.
5. A second notice of license fee due will be
sent to homes failing to submit the required license fee (Notice of License Fee
Past Due). This notice will be sent twenty (20) days after the initial notice
of fee due. Failure to submit a license fee within twenty (20) days of the
receipt of the past due notice will result in action to suspend the license
until such time as the fee is paid.
6. 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 upon Division action to revoke or suspend a
license or for closure of a facility.
105
Appeal of Licensing Actions
1. A Licensee or application for license may
request an appeal of any of the following licensing action:
a. Adverse licensing actions (revocation or
suspension of a license, conversion to a provisional license or denial of an
application for license)
b. Founded
licensing complaints
c. Denials of
alternative compliance requests
d.
Cited noncompliance with the published standards
2. An appeal may be initiated on any of the
above actions by requesting an appeal in writing to the Licensing Specialist or
Licensing Supervisory Staff. Requests to appeal adverse licensing actions must
be mailed within ten (10) calendar days of the receipt of the notice of the
adverse action. Requests to appeal licensing actions, other than adverse, must
be mailed within twenty (20) calendar days from receipt of the notification of
the action. The request to appeal shall include a statement of the action(s)
taken by the Division and the reason(s) the Licensee or applicant for license
disagrees with that action. The request to appeal will be reviewed by the
Licensing Supervisor and the Licensing Administrator. If the appeal is not
resolved to the satisfaction of the Licensee or applicant for license, the
matter will be referred to the Child Care Appeal Review Panel for hearing.
(Additional information regarding the appeal procedures and the Child
Care Appeal Review Panel is available on request.)
106
Alternative Compliance
1. The Division may grant alternative
compliance with the Minimum Licensing Requirements for Child Care Family Homes
if the Division determines that the alternative form of compliance offers equal
protection of health, safety and welfare to children and meets the basic intent
of the requirement for which the home is making the request.
2. The Division shall consider all requests
for alternative compliance with the Licensing Requirements except those
requirements which are enforced by the Department of Health, Local Fire Marshal
or State Fire Marshal's Office.
3.
To request alternative compliance, the following procedure shall be initiated
by the person responsible for the operation of the home:
a. The applicant/Licensee shall submit the
request for alternative compliance in writing.
b. The request shall include
* The specific standard for which alternative compliance is
sought;
* An explanation of how the alternative form of compliance is
equal to or exceeds the stated requirement
* Full justification and description of what the alternative
compliance method will be and the method by which the facility will carry out
this plan to be able to continue to provide for the health, safety, and welfare
of children as intended by the requirement,; and
* The applicant/Licensee shall provide clear and supportive
evidence, and upon request of the Division, an expert's opinion on the effect
to the health, safety and welfare of children and how it will protect through
the alternative means of compliance
4. A separate written request shall be
submitted for each requirement for which alternative compliance is sought. The
approved alternative compliance is effective for the duration of the license
unless a shorter time frame is requested or approved.
5. The granting of alternative compliance for
a requirement shall in no way constitute a precedent. If an alternative means
of complying with the requirement is granted by the Division and the facility
fails to implement satisfactorily this alternative means, the original
requirement for which alternative compliance was sought shall become
immediately enforceable.
6. The
Division shall have the right to obtain an expert opinion to corroborate expert
opinions provided by the applicant/Licensee.
7. The Division reserves the right to deny
requests for alternative compliance when it finds that such request does not
adequately protect the health, safety, and welfare of children and does not
meet the intent of the requirements.
8. All requests for alternative compliance
shall be answered in writing by the Division.
107
Licensing Investigations
1. Child Care Licensing staff shall have
access to licensed homes for the purpose of conducting inspections, reviews and
complaint investigations. Denial of access to the home or denial of the right
to interview children in care or other individuals present during hours of care
may result in adverse action against the license.
108
Child Maltreatment Record
Checks1. The following persons shall
be required to have their background reviewed through an Arkansas Child
Maltreatment Central Registry Check: (A check or money order, payable to
Department of Human Services, must be attached to each
notarized form.)
|
a. Each applicant to own or operate a Licensed
Home |
at application and every 2 years thereafter |
|
b. All household members who are 10 years of age or
older |
at application; upon residency and every 2 years
thereafter |
|
c. Staff members and applicants for employment in a
Licensed Home |
at application or within 10 days of hire and every 2
years thereafter |
|
d. Volunteers who have access to children in the
home |
At application and every 2 years thereafter |
|
e. Student Observers |
At beginning of observation or within 10 days of first
observation and every 2 year after that if applicable |
|
f. Therapists or other persons who have supervisory or
disciplinary control over children, or have routine contact with
children |
at the time they begin to provide services or begin to
participate in home activities and every 5 years thereafter |
2. The
Division has the authority to review and consider each true (founded) report of
child maltreatment received from the Central Registry. The Division shall
retain the authority to:
a. Deny an
application
b. Require corrective
action
c. Take appropriate adverse
action against the license
3. All caregiver(s) are mandated reporters
under the Child Maltreatment Act. The caregiver(s) shall notify the Child
Maltreatment Hot Line number at 1-800-482 -5964 when there is a reason to
believe that a child has been abused or neglected. (AR Code Annotated 12-12-501
et seq.) These reports of child maltreatment shall include all allegations made
to the Licensee by parents, staff members or the general public. It is
recommended that the Licensee call Child Care Licensing for guidance if there
is any question about whether or not the Hot Line should be called regarding
any situation where potential child maltreatment is involved.
4. If a complaint of child maltreatment is
filed against any employee or persons in the home, the Child Care Licensing
Unit shall evaluate the risk to children and determine the suitability of
persons to supervise, be left alone with children or remain in the home during
hours of care until the allegations have been determined true or
unsubstantiated.
5. The Child Care
Family Home operator, any employees or other persons in the home who have had a
true report of child maltreatment shall follow the corrective action plan
approved by the Child Care Licensing Unit. Corrective action measures may vary
from relevant training to reassignment or termination. Failure to comply with
corrective action plans can constitute grounds for adverse action against the
license.
109
Criminal Record Checks
1. The
following persons shall apply to the Identification Bureau of the Arkansas
State Police for a nationwide criminal records check, to be conducted by the
FBI, which shall include a fingerprint check: (The individual is responsible
for the cost of the nationwide check.)
Fingerprints submitted will be used to check the criminal
history records of the FBI. Individuals with results showing a prohibited
offense shall be advised to contact the Licensing Unit for procedures to obtain
the results and for procedures to update or make corrections to the record of
their individual history.
|
a. Each applicant to own or operate a Licensed
Home |
initial application only |
|
b. Each staff member who has not been a resident of the
State of Arkansas for the five (5) preceding years |
within 10 days of hire or start date |
|
Volunteers who have routine contact with children if
the person has not been a resident of the State of Arkansas for the five (5)
preceding years. |
within 10 days of hire or start date |
|
c. Therapists, volunteers or other persons who have
supervisory or disciplinary control over children, or have routine contact with
children |
if the person has not been a resident of Arkansas for 5
years, then at the time they begin to provide services or begin to participate
in home activities Within 10 days of start date |
2. The
following persons shall be required to have their background reviewed through
criminal records check including the Arkansas Sexual Offender Registry,
conducted by the Arkansas State Police:
|
a. Each applicant to own or operate a Licensed
Home |
at application and every 5 years thereafter |
|
b. All household members who are 18 years of age or
older |
at application; upon residency and every 5 years
thereafter |
|
c. Staff members and applicants for employment in a
Licensed Home |
within 10 days of hire and every 5 years
thereafter |
|
d. Volunteers who have routine contact with
children |
within 10 days and every 5 years thereafter |
|
e. Therapists or other persons who have supervisory or
disciplinary control over children, or have routine contact with
children |
within 10 days of the time they begin to provide
services or begin to participate in center activities and every 5 years
thereafter |
3.
Criminal records will be returned to the division for review. Any
charge/convictions listed in this section (Section 110) that are returned will
be considered regardless of whether the record is expunged, pardoned or
otherwise sealed.
4. No person
shall be eligible to be a child care facility owner, operator, employee,
household member, or volunteer who is in the home on a routine/continual basis
if that person has pled guilty, or been found guilty, of any of the following
offenses by any court in the State of Arkansas, any similar offense by a court
in another state or any similar offense by a federal court. The following
offenses are permanently prohibited:
|
01. Abuse of an endangered or impaired person, if
felony |
§
5-28-103
|
|
02. Arson |
§
5-38-301
|
|
03. Capital Murder |
§
5-10-101
|
|
04. Endangering the Welfare of an Incompetent person-
1st degree |
§
5-27-201
|
|
05. Kidnapping |
§
5-11-102
|
|
06. Murder in the First degree |
§
5-10-102
|
|
07. Murder in the Second degree |
§
5-10-103
|
|
08. Rape |
§
5-14-103
|
|
09. Sexual Assault in the First degree |
§
5-14-124
|
|
10. Sexual Assault in the Second degree |
§
5-14-125
|
5. No
person shall be eligible to be a child care facility owner, operator, employee,
volunteer, or household member, if that person has pled guilty, or been found
guilty, of any of the following offenses by any court in the State of Arkansas,
any similar offense by a court in another state or any similar offense by a
federal court. The following offenses are prohibited:
|
01. Criminal Attempt to commit any offenses in MLR
Section 110 |
§
5-3-201
|
|
02. Criminal Complicity to commit any offenses in MLR
Section 110 |
§
5-3-202
|
|
03. Criminal Conspiracy to commit any offenses in MLR
Section 110 |
§
5-3-401
|
|
04. Criminal Solicitation to commit any offenses in MLR
Section 110 |
§
5-3-301
|
|
05. Assault in the First, Second, or Third
degree |
§
5-13-205 - §
5-13-207
|
|
06. Assault, Aggravated |
§
5-13-204
|
|
07. Assault, Aggravated on a Family or Household
Member |
§
5-26-306
|
|
08. Battery in the First, Second, or Third
Degree |
§
5-13-201 - §
5-13-203
|
|
09. Breaking or Entering |
§
5-39-202
|
|
10. Burglary |
§
5-39-201
|
|
11. Coercion |
§
5-13-208
|
|
12. Computer Crimes Against Minors |
§
5-27-601 et. seq. |
|
13. Contributing to the Delinquency of a
Juvenile |
§
5-27-220
|
|
14. Contributing to the Delinquency of a
Minor |
§
5-27-209
|
|
15. Criminal Impersonation |
§ 5-3-208 |
|
16. Criminal Use of a Prohibited Weapon |
§
5-73-104
|
|
17. Death Threats Concerning a School Employee or
Students |
§
5-17-101
|
|
18. Domestic Battery in the First, Second, or Third
Degree |
§
5-26-303 - §
5-26-305
|
|
19. Employing or Consenting to the Use of a Child in a
Sexual Performance |
§
5-27-402
|
|
20. Endangering the Welfare of a Minor in the First or
Second Degree |
§
5-27-205 and §
5-27-206
|
|
21. Endangering the Welfare of an Incompetent Person in
the First or Second Degree |
§
5-27-201 and §
5-27-202
|
|
22. Engaging Children in Sexually Explicit Conduct for
Use in Visual or Print Media |
§
5-27-303
|
|
23. False Imprisonment in the First or Second
Degree |
§
5-11-103 and §
5-11-104
|
|
24. Felony Abuse of an Endangered or Impaired
Person |
§
5-28-103
|
|
25. Felony Interference with a Law Enforcement
Officer |
§
5-54-104
|
|
26. Felony Violation of the Uniform Controlled
Substance Act |
§
5-64-101 - §
5-64-508 et. seq. |
|
27. Financial Identity Fraud |
§
5-37-227
|
|
28. Forgery |
§
5-37-201
|
|
29. Incest |
§
5-26-202
|
|
30. Interference with Court Ordered
Custody |
§
5-26-502
|
|
31. Interference with Visitation |
§
5-26-501
|
|
32. Introduction of Controlled Substance into Body of
Another Person |
§
5-13-210
|
|
33. Manslaughter |
§
5-10-104
|
|
34. Negligent Homicide |
§
5-10-105
|
|
35. Obscene Performance at a Live Public
Show |
§
5-68-305
|
|
36. Offense of Cruelty to Animals |
§
5-62-103
|
|
37. Offense of Aggravated Cruelty to Dog, Cat, or
Horse |
§
5-62-104
|
|
38. Pandering or Possessing Visual or Print Medium
Depicting Sexually Explicit Conduct Involving a Child |
§
5-27-304
|
|
39. Patronizing a Prostitute |
§
5-70-103
|
|
40. Permanent Detention or Restraint |
§
5-11-106
|
|
41. Permitting Abuse of a Minor |
§
5-27-221
|
|
42. Producing, Directing, or Promoting a Sexual
Performance by a Child |
§
5-27-403
|
|
43. Promoting Obscene Materials |
§
5-68-303
|
|
44. Promoting Obscene Performance |
§
5-68-304
|
|
45. Promoting Prostitution in the First, Second, or
Third Degree |
§
5-70-104 - §
5-70-106
|
|
46. Prostitution |
§
5-70-102
|
|
47. Public Display of Obscenity |
§
5-68-205
|
|
48. Resisting Arrest |
§
5-54-103
|
|
49. Robbery |
§
5-12-102
|
|
50. Robbery (Aggravated Robbery) |
§
5-12-103
|
|
51. Sexual Offense (any) |
§
5-14-101 et. seq. |
|
52. Simultaneous Possession of Drugs and
Firearms |
§
5-74-106
|
|
53. Soliciting Money or Property from
Incompetents |
§
5-27-229
|
|
54. Stalking |
§
5-71-229
|
|
55. Terroristic Act |
§
5-13-310
|
|
56. Terroristic Threatening |
§
5-13-301
|
|
57. Theft by Receiving |
§
5-36-106
|
|
58. Theft of Property |
§
5-36-103
|
|
59. Theft of Services |
§
5-36-104
|
|
60. Transportation of Minors for Prohibited Sexual
Conduct |
§
5-27-305
|
|
61. Unlawful Discharge of a Firearm from a
Vehicle |
§
5-74-107
|
|
62. Voyeurism |
§
5-16-102
|
6. If
the Licensee wishes to employ an individual with a conviction or plea of guilty
or nolo contendere for the following nonviolent offenses, they shall submit a
written request for a waiver prior to employment. (§
20-38-103(e) (3)
(A) Act 990 of 2013)
a. Theft by receiving §
5-36-106
b. Forgery §
5-37-201
c. Financial identity fraud §
5-37-227
d. Resisting arrest §
5-54-103
e. Criminal impersonation in the second
degree §
5-37-208(b)
f. Interference with visitation
§
5-26-501
g. Interference with court-ordered visitation
§
5-26-502
h. Prostitution §
5-70-102
i. Patronizing a prostitute § 5-70-203
The waiver may be approved if all of the following conditions
are met:
* The individual has completed probation or parole
supervision
* The individual has paid all court ordered fees, fines and/or
restitution
* The individual has fully complied with all court orders
pertaining to the conviction or plea
7. The waiver will be revoked if after
employment the individual pleads guilty or nolo contendere or is found guilty
of any prohibited offense (including the list above a-i) or has a true or
founded report of child maltreatment or adult maltreatment in a central
registry.
8. The request for waiver
and certification of approval shall be kept in the individual's file for the
term of employment and three years after termination of employment.
9. If approved, the waiver is not
transferable to another licensed facility.
10. Any person who has pled guilty, nolo
contendere or who has been found guilty of any one of the offenses listed above
(Section 109.5), may not work in child care unless:
a. The date of the conviction, plea of guilty
or nolo contendere for a misdemeanor offense is at least five (5) years from
the date of the request for the criminal history records check and there have
been no criminal convictions or pleas of guilty or nolo contendere of any type
or nature during the five (5) year period preceding the background check
request
b. The date of the
conviction, plea of guilty or nolo contendere for a felony offense is at least
ten (10) years from the date of the request for the criminal history records
check and there have been no criminal convictions or pleas of guilty or nolo
contendere of any type or nature during the ten (10) year period preceding the
background check request.
11. Anyone employed in a licensed center, COE
center, Licensed Child Care Family Home or a Registered Child Care Family Home
prior to 9/1/2009 with a clear background check history may remain eligible for
employment unless the employee had a conviction, plead guilty, or plead nolo
contendere to an offense listed in the above section (Section 109.5) since
9/1/2009.
200
ADMINISTRATION
201
Administrative Procedures1. All staff,
children and home records shall be kept and made available to the Child Care
Licensing Unit on request.
2.
Falsification of any document or the submission of false information to the
Child Care Licensing Unit, or any other unit of the Division, may constitute
grounds for revocation of the license. Falsification of any document and/or
submission of false information to the Child Care Licensing Unit may constitute
grounds for revocation of the license. Falsification of any document and/or
submission of false information to any DHS Division that results in exclusion,
pursuant to DHS Exclusion Policy 1088, shall constitute grounds for revocation
of the license. (Falsification means the submission of untrue information,
whether by statement or omission.)
3. All applicable health and fire regulations
shall be met (see Regulation 301.4).
4. The home shall not exceed its licensed
capacity at any time (see Regulation 801.3).
5. The caregiver shall provide prudent
supervision of all staff and other persons in the Home, and is responsible for
the health, welfare, and safety of the children in care.
6. The facility shall provide a written
procedure for reporting suspected of child maltreatment. This procedure shall
be followed and a call made to the Hot Line whenever there is a suspicion of
child maltreatment ( 1-800-482 -5964). These reports of child maltreatment
shall include all allegations made to the Licensee by parents, staff members or
the general public.
7. The facility
shall provide a written procedure for reporting suspected licensing violations.
Serious licensing violations shall be reported to the Licensing Unit. These
include, but are not limited to, violations relating to transportation,
inappropriate behavior guidance, leaving children unattended or unsupervised,
staff/child ratio violations or any other violations or any other violation
that could imminently affect the health and safety of children.
8. Parents shall be informed in writing upon
enrollment of their child that children may be subject to interviews by
licensing staff, child maltreatment investigators, and/or law enforcement
officials for the purpose of determining licensing compliance or for
investigative purposes. Child interviews do not require parental notice or
consent.
9. The facility shall
provide a copy of the list of Kindergarten Readiness Skills Calendar or
Checklist, prepared by the Arkansas Department of Education (copies can be
requested online, by phone, or by mail from the DHS DCCECE Program Support
Unit), to the parents of all three (3) and four (4) year old children enrolled.
(Act 825 of 2003) A statement signed by the parent that they have received a
copy of the list, shall be maintained in the child's record.
10. The caregiver shall not release a child
to anyone whom is not immediately recognized as the child's parent or as
someone on the authorized pick-up list unless:
a. The individual can provide an official
picture ID AND
b. The person in
charge can match the ID to the individual named on the child's data
sheet
11. Verification
of permission for persons not on the authorized list shall be obtained by the
caregiver by calling the parent at a number listed in the child's record. The
caregiver shall view an official picture ID of the individual to verify
identity.
300
PERSONNEL
301
Staff/Child
Ratios
|
Adult Caregiver(s) |
Number of Children |
Ages of Children |
|
301.1 ONE |
A. 3-6 |
0-up (no more than 3under 2 years) |
|
B. 7 |
0-up (no more than 2 under 2 years) |
|
C. 8 |
0-up (no more than 1 under 2 years) |
|
D. 9 |
2-up (no more than 3 between 2 & 3
years) |
|
E. 10 |
3-up |
|
301.2 TWO |
A. 3-6 |
0-up |
|
B. 7 |
0-up (no more than 4 under 2 years) |
|
C. 8 |
0-up (no more than 4 under 2 years) |
|
D. 9 |
0-up (no more than 4 under 2 years) |
|
E. 10-14 |
0-up (no more than 4 under 2 years) |
|
F. 15-16 |
0-up (no more than 2 under 2 years) |
|
301.3 |
A. 7 |
0-up (no more than 5 under 2 years) |
|
B. 8 |
0-up (no more than 5 under 2 years) |
|
THREE |
C. 9 |
0-up (no more than 5 under 2 years) |
|
D. 10-14 |
0-up (no more than 5 under 2 years) |
|
E. 15-16 |
0-up (no more than 4 under 2 years) |
1. Fire
inspection is mandatory for Homes licensed for eleven (11) or more children.
Health inspection (food service) is mandatory for Homes licensed for eleven
(11) or more children.
2. The
caregiver shall be responsible for children in care at all times and shall
exercise prudent supervision.
a. When a
caregiver is not in the same room with children the children shall be
frequently observed and the caregiver shall remain close enough to easily hear
them.
b. Doors to rooms where
children are sleeping or playing within the home shall remain open and sleeping
children shall be visually monitored and periodically checked to insure they
are breathing normally.
c. The
caregiver shall be present on the outdoor play area at all times when any
children are present.
3.
The caregiver shall not leave children unattended in the kitchen area of the
home while any cooking is occurring.
4. Ironing shall not occur in the presence of
the children.
5. The primary
caregiver's own preschool children shall be included in the caregiver/child
ratio. The primary caregiver's own school age children are not considered in
the ratio.
6. A Licensed Home may
care for two (2) school age children for a short time not to exceed a total of
three (3) hours per day before and/or after a school day. These two (2)
children shall not be counted in the caregiver to child ratio. School age
children who are in care at times other than before and/or after a school day
shall be included in the caregiver to child ratio. These same two (2) children
may stay all day in care and not be counted in the ratio due to emergency
school closings, such as inclement weather. The home's capacity shall not be
exceeded other than the above stated exemptions. If the attendance exceeds ten
(10), fire approval is required.
7.
Additional staff provisions shall be made for enrollment of children with
disabilities who require individual attention.
302
Homes specializing in Infant Care:
Staff/Child Ratio1. Homes specializing
in infant care shall maintain a 1:3 ratio.
2. Homes specializing in infant care shall
have a Fire Department inspection and approval.
303
Caregiver Qualifications and
Responsibilities1. The primary
caregiver shall be twenty-one (21) years or older. A secondary caregiver shall
be age eighteen (18) or older.
2.
Primary caregivers, licensed after November 1, 2002, and all secondary
caregivers shall have a high school diploma or GED. If a diploma or proof of a
GED is not available, a reasonable attempt to obtain a copy shall be
documented.
3. The primary
caregiver shall not be otherwise employed during the time he/she is responsible
for children in the home. Employment at other times shall not affect the
quality of care given to the children. When two persons are listed as joint
holders of the license and are both primary caregivers, at least one shall be
present in the home while children are in care. (Also refer to Regulation
102.6).
4. A caregiver shall not
use profanity or speak in an abusive manner when children are present. The
caregiver shall also cooperate with licensing staff during licensing monitor
visits.
5. The caregiver shall have
a person who would be able to care for the children in the event of an
emergency.
6. All caregivers who
work directly with children shall obtain at least fifteen (15) hours of
training registered with the Division of Child Care and Early Childhood
Education Professional Development Registry, or Department of Education or
Department of Higher Education approved training each year in continuing early
childhood education.
7. At least
one caregiver who has a current certificate of successful completion of first
aid and CPR from an approved organization shall be on site at all times.
a. The curriculum shall conform to current
American Heart Association or American Red Cross guidelines.
b. The curriculum shall require hands on,
skill-based instruction, as well as practical testing. Training and
certification that is provided solely "on-line" will not be accepted.
c. The instructor shall be qualified and
authorized to teach the curriculum and shall be certified by a nationally
recognized organization. (Including but not limited to: Health and Safety
Institute; EMS Safety Services, Inc.)
8. All caregivers shall be physically and
emotionally able to care for children.
9. Child Care Licensing may require a
physician's statement for any caregiver anytime behavioral or physical
indicators warrant.
10. Staff shall
not engage in behavior that could be viewed as sexual or as dangerous,
exploitative or physically harmful to children. A caregiver shall not use
profanity or speak in an abusive manner when children are present.
11. No caregiver shall consume or be under
the influence of illegal drugs. (A drug test may be required if there is
reasonable cause to suspect violation of this requirement and the issue cannot
be otherwise resolved.) No caregiver shall consume or be under the influence of
alcohol while delivering care. No caregiver shall consume or be under the
influence of medications (prescription or non-prescription), which impair
his/her ability to provide care.
12. Newly licensed caregivers shall attend
Family Child Care Provider Training and BAS (Business Administration Scale)
training (or other approved tools that are considered equivalent in the state's
QRIS) within the first six (6) months of being licensed.
13. The Licensee shall notify the Licensing
Unit within five (5) calendar days of any change in the person(s) designated as
secondary caregivers.
304
Adults in the Home
1. The
caregiver(s) shall provide a clear statement regarding the presence of any
other adults eighteen (18) years of age and above who remain in the home during
any hours in which care is being given. Such persons shall not present a threat
to the safety or welfare of children.
2. The home shall have additional staff when
there are persons in the home who require constant or routine care.
305
Volunteer
Requirements1. Volunteers are those
individuals who have routine contact with children and assist in the home. If
they are left alone with children, considered in the staff/child ratios or
given supervisory/disciplinary control over children, they shall be considered
staff and must meet caregiver qualifications and responsibilities (Section
303).
2. All volunteers in a child
care family home shall be 18 years of age or older unless the volunteer is
under the direct supervision of the licensee and has been approved on an
individual basis by the Child Care Licensing Unit.
3. Volunteers who have routine contact with
children shall have on file a child maltreatment Central Registry check. An
exception shall be given to parents who volunteer on field trips, but are not
left alone with children. Child maltreatment Central Registry checks for
volunteers under 18 years of age must include a parent's signature.
4. Individuals who provide health services or
program enrichment activities on a limited basis are not considered volunteers.
The home shall retain a register of such persons listing name, organization,
address, telephone number, date and time in the center. (Note: This section
does not apply to therapists or others who have routine contact with children.
Therapists who are not left alone with children are required to have child
maltreatment background checks. Therapists who are left alone with children at
any time are subject to all background checks required for personnel. The
therapist is entitled to a copy of the initial background/maltreatment check
results, and may share a copy with other facilities in which the therapist may
be working.)
306
Student Observers
1. Students visiting
the home on a regular or periodic basis to observe classroom activities or for
other similar purposes shall not be counted in the staff/child ratio, shall not
have disciplinary control over children and shall not be left alone with
children. These individuals shall have a child maltreatment background check on
file.
2. Students that are
conducting practicum, student teaching, or working in the same capacity as an
employee or volunteer must meet the criteria in the appropriate section.
(Sections 304 and 305)
400
PROGRAM AND ACTIVITIES
401
Program Requirements
1. There shall be a posted daily schedule,
which includes age-appropriate activities, including alternating periods of
active play and quiet activities throughout the day.
2. Staff shall plan and provide experiences
that meet children's needs and stimulate learning in the following
developmental areas: physical, social/emotional, creative/aesthetic,
cognitive/intellectual and language, found in the Arkansas' Early Learning
Standards (Experiences that promote self-concept development for
infant/toddlers shall also be provided if that age group is in care.)
3. There shall be meaningful interaction
between staff and children, to include but not limited to the following:
a. Comfort children who are upset
b. Engage in frequent, multiple and rich
social interchanges such as smiling, talking, touching and singing
c. Interact with children by being their play
partner as well as protector
d. Help
children identify and label feelings by being attuned to children's
needs
e. Communicate consistently
with parents/guardians
f. Interact
with children and develop a relationship in the context of everyday
routines
4. The
caregiver(s) shall not engage in activities or experiences which may be
damaging to children's self-esteem and positive self-image.
5. There shall be an opportunity for a
supervised rest period that does not exceed two hours.
6. There shall be an opportunity for a
supervised rest period.
a. The supervised rest
period shall be at least one hour but shall not exceed two hours.
b. If children do not fall asleep, they shall
be allowed to participate in a quiet activity either on their cots, in the area
or in another room under direct supervision.
7. There shall be a total of at least one (1)
hour of outdoor play per day in suitable weather. When making a determination
if children should play outside, staff shall consider the following
environmental factors:
a. When the heat index
is forecast to be ninety (90) degrees or above, it is recommended that outdoor
play be scheduled during early morning hours or the length of time spent
outdoors should be reduced to avoid heat stress.
b. When outdoor play occurs during the hotter
part of the day, it is recommended that children have a shaded area, an ample
supply of water and should be monitored closely for signs of heat
stress.
c. When outdoor play occurs
during the winter months and when temperatures are extremely cold, it is
recommended that the time scheduled for outdoor play be reduced or suspended
depending on the temperature and other weather conditions.
8. There shall be a total of 30 minutes per
day of moderate to vigorous physical activity. This could be included in
outdoor play time if it meets this criterion.
9. Indoor activity equipment shall be
adequate for the number and ages of children in the home to meet their physical
and developmental needs.
10.
Children shall have a variety of toys, books, creative materials and equipment
that is easily accessible and arranged to support learning. This includes
equipment for:
a. Large muscle activities
(such as climbing and running)
b.
Manipulative activities (such as things done with the hands)
11. The use of television, DVD,
video cassette viewing and computer/video games and other screen time
activities shall meet the following requirements:
a. Shall be limited to programs which are
age-appropriate (It is recommended that programs have educational
value.)
b. Shall not exceed one (1)
hour daily per child or group of children. (Children shall not be required to
participate in screen time activities and shall be offered other choices.
Viewing time may be extended for special events or occasions such as a current
event, holiday or birthday celebration or for the occasional viewing of age
appropriate movies or other programs that may exceed one hour in
length.)
c. Computer learning
periods for children below age 5 may not exceed two (2) hours a day per child
or group of children
12.
A verbal or written system of communication shall be used by caregivers to
share with parents or guardians day-to-day happenings, such as significant
changes in a child's physical or emotional state or information regarding any
known cuts, bruises or injuries that may require attention or evaluation by a
physician.
13. It is recommended
that the caregiver encourage parents to be involved in planning and
participating in activities at the Child Care Family Home.
14. The caregiver shall distribute materials
developed or approved by the Department of Health on prevention of Shaken Baby
Syndrome to all parents of infants, upon enrollment. (Carter's Law, Act
1208)
15. Photos or video
recordings shall not be made of any child without prior written parental
permission.
16. Photos or video
recordings of children shall not be placed on social media web sites without
prior written parental permission.
402
Infant & Toddler Specific
Program Requirements1. Infants shall
be carefully supervised at all times.
2. The caregiver shall provide a safe and
clean learning environment, both indoors and outdoors, with age appropriate
materials and equipment arranged to support learning.
3. Infants and toddlers shall have a
learning/play environment that shall include staff being on their level
interacting with them frequently when they are awake.
4. The caregiver shall implement
relationship-based practices that promote consistency and continuity of care
for infants and toddlers. Infant and toddler caregivers/teachers shall:
a. Respond promptly to cries and calls of
distress by verbally acknowledging, gently touching, and holding
children.
b. Engage children in
frequent rich social exchanges in a variety of ways. For example holding,
patting, making frequent eye contact, smiling, singing, and using a pleasant
calm voice in conversation.
c.
Engage children in frequent positive social exchanges during routine care such
as eating, diaper changing, toileting, and preparing for rest.
d. Provide consistent emotional support to
infant and toddlers by acknowledging their feelings and emotions and providing
physical and verbal support.
e.
Communicate consistently with parents/guardians by greeting them warmly and
exchanging information that promotes continuity between the center and the
child's home.
f. Engage in play
activities with children by providing a safe environment to explore, model play
behavior such as imagination and use of toys and equipment, and provide verbal
encouragement and support.
5. Infants shall be taken outside for a
period of time every day, unless prevented by weather or special medical
reasons.
6. Outdoor play for
infants and toddlers may include riding in a stroller. However, infants and
toddlers shall be offered opportunities for gross motor play outdoors as
well.
7. If a child falls asleep
while in a walker, swing, high chair, etc., that child shall be placed in
appropriate sleep equipment.
8.
Infants/toddlers shall be placed in age appropriate cribs, cots, or mats
meeting CPSC standards, when they fall asleep. (Note: Also, any items used in
the crib must be used according to manufacturer guidelines, regardless if the
child is sleeping or not, in accordance with 1001.1).
9. Infants (children 12 months and below)
shall be placed flat on their backs to sleep, in accordance with American
Academy of Pediatrics guidelines, to lessen the risk of suffocation and Sudden
Infant Death Syndrome. (If a child rolls over on his/her own, the facility is
not required to reposition the child.) If there is a medical reason a child
cannot sleep on his/her back, then a signed statement from the child's
physician must be in the file stating the reason, the sleep position indicated,
and the time frame this is required.
10. Infants' sleep space (e.g. crib) shall be
free of loose bedding. If a light blanket is necessary, it is recommended that
it be kept at or below the mid-chest area of the child. Staff shall not cover
the faces of infants.
11.
Pacifiers, if used, shall not be secured around the neck by a cord or by any
other means that could represent a strangulation hazard.
12. Pillows (including nursing or "boppy"
pillows), bumpers/bumper pads and stuffed animals shall not be placed in
cribs.
13. Toys or materials used
by younger children shall not be small enough to be swallowed.
14. Toys used by infants and toddlers shall
be safe and sanitized as needed to help prevent the spread of contagious
diseases. Toys that cannot be cleaned and sanitized shall not be
used.
15. Safety straps shall be
used on all equipment originally manufactured with safety straps.
403
School Age Children:
Program Requirements
1. School age
children shall be provided with a choice of indoor and outdoor
activities.
2. A quiet time and a
private place with appropriate equipment shall be provided for one (1) person
activities, including resting and homework. (A supervised rest period as
required by Regulation 401.3, does not apply to school age children.)
3. Permission from parents shall be on file
for school age children to leave the Home.
a.
School age children who leave the home to participate in classes, clubs or
other activities shall have written permission from the parents naming the
activity, time of leaving and returning and method of transportation to the
activity.
b. Permission for
regularly scheduled activities such as scouting may be given for the entire
school term.
404
Evening & Night Care: Program
Requirements
Night care is defined as any care provided after
midnight.
1. The caregiver shall
remain awake at all times children are in care. (Alternative Compliance may be
requested to allow the caregiver to sleep after the children are in bed for the
night. For this request to be approved, consideration will be given to the
overall level of licensing compliance, the use of motion detectors and/or other
alarms to alert the caregiver if children leave the sleeping area, the ages,
numbers and sex of the children in overnight care and written notification to
parents that the caregiver will be sleeping during overnight care.)
2. There shall be a plan for evacuating
children to safety in case of fire or emergency.
3. Children arriving in the daylight hours
shall have outdoor play, weather permitting. Older children shall have time for
reading or doing homework during the school year.
4. Homes with only one caregiver shall limit
care to no more than two (2) shifts (18 hours) per twenty four (24) hour
period. Homes offering twenty-four (24) hour care shall provide a schedule
verifying that they have made provisions for a secondary caregiver to provide
relief care for one shift. (Alternative compliance may be requested by
caregivers who provide twenty-four (24) hour care and who do not have a
secondary caregiver. For this request to be approved, consideration will be
given to the overall level of compliance with the licensing requirements and to
the number and ages of children in care during the third shift.)
5. Evening meals shall be served. The
Licensee shall ensure that children spending the night are served
breakfast.
6. Drinking water shall
be available to children during the night.
7. Bathing facilities shall be available. Hot
water shall be available. Children shall not take baths together or share the
same bath water. Tubs or showers shall be cleaned after each use. Children
shall be given fresh washcloths and towels. Preschool children shall never be
left alone when bathing. Privacy shall be ensured for school age
children.
8. Each child in night
care shall be given a bed or cot with mattress or pad and a pillow.
a. If linens become soiled, they shall be
changed. Protective mattress covers shall be used and washed at least
weekly.
b. Each child's bed or cot
shall have a cover available.
c.
Bed or cots shall be arranged at least one foot apart.
500
BEHAVIOR
GUIDANCE
501
Behavior Guidance
Requirements1. Behavior guidance shall
be:
a. Individualized and consistent for each
child
b. Appropriate to the child's
level of understanding
2. Use of behavior guidance shall show that
the caregiver understands each child's needs and shall promote self-discipline
and good behavior.
3. Acceptable
behavior guidance techniques include:
a. Look
for appropriate behavior and reinforce the children with praise and
encouragement when they are behaving well.
b. Remind the children on a daily basis of
the rules by using clear positive statements of how they are expected to behave
rather than what they are not supposed to do.
c. Attempt to ignore minor inappropriate
behaviors and concentrate on what the child is doing properly.
d. Use brief supervised separation from the
group only when the child does not respond to a verbal command which instructs
the child as to how he or she is supposed to behave.
e. When a misbehaving child begins to behave
appropriately, encourage and praise small positive steps rather than waiting
until the child has behaved well for a long period of time.
f. Attend to the children who are behaving
appropriately and other children will follow their example in order to obtain
your attention.
g. When the entire
group is behaving well, reward them with an activity they enjoy.
4. Physical punishment shall not
be administered to children.
5. The
length of time a child is placed in time-out shall not exceed one minute per
year of the child's age.
6. The
following activities are unacceptable as behavior guidance measures and shall
not be used. These include but are not limited to:
a. Using restraints (Restraining a child
briefly by holding the child is allowed when the child's actions place the
child or others at risk of injury.)
b. Washing mouth with soap
c. Taping or obstructing a child's mouth
d. Placing unpleasant or painful
tasting substances in mouth, on lips, etc.
e. Using profane or abusive language
f. Isolating a child without
supervision
g. Placing a child in
dark area
h. Inflicting physical
pain, hitting, pinching, pulling hair, slapping, kicking, twisting arms, biting
or biting back, spatting, swatting, etc.
i. Yelling (This does not include a raised
voice level to gain a child's attention to protect the child from risk of
harm.)
j. Forcing physical activity,
such as running laps, doing push-ups, etc. (This does not include planned group
physical education activities that are not punitive in nature.)
k. Associating punishment with rest, toilet
training or illness
l. Denying food
(lunch or snacks) as punishment or punishing children for not eating.
m. Forcing or bribing a child to
eat
n. Shaming, humiliating,
frightening, physically or mentally harming children or labeling
children
o. Covering the faces of
children with blankets or similar items
7. Posted group behavior charts shall not be
used. (Individual behavior charts that are not viewable by children and
individual charts used by therapists are allowable.)
502
Infant & Toddler: Behavior
Guidance Requirements
1. Time out
shall not be used with children under the age of two (2). The only acceptable
form of behavior guidance with infants and toddlers shall be redirection.
(Brief separation from the group is acceptable when the child's behavior places
the child, or others, at risk of harm. The child may be placed in a supervised
area away from the group or in a crib or playpen while the caregiver attends to
the situation. Example: A child who has bitten another child would be removed
from the group, briefly, while the caregiver attends to the bitten
child.)
600
RECORDS
601
Home
Records
1. All employee, child and
home records shall be kept on site and made available to the Child Care
Licensing Unit on request. All required records shall be maintained for three
(3) years. (This includes records on children no longer enrolled.)
2. Licensing Compliance Form(s) (DCC-521)
shall be maintained at the facility for three (3) years. The facility shall
advise parents in writing that the compliance forms are available for review
upon request.
3. Home records that
are required to be kept are as follows:
a.
Attendance records on all children to include the date and time of arrival and
departure and daily parental signatures on the sign in and out forms
b. Transportation rosters, if applicable
(maintain for one year)
c.
Verification of required commercial vehicle insurance coverage, if applicable
d. Verification of Child Care
Liability insurance
e. Verification
of annual fire department approval, if applicable
f. Verification of annual health department
approval, if applicable
g.
Verification of zoning approval, if applicable (part of permanent record)
h. Verification of annual approval
by the Boiler Inspector Division of the Department of Labor
i. Mobile Home Commission approval, if
applicable (part of permanent record)
j. Record of emergency drills
k. Plans and procedures of Emergency
Preparedness
l. Procedures for
reporting allegations of child maltreatment
m. Log of Product Recall and Safety Notices
from the CPSC
n. Pet vaccinations
602
Caregiver Records
1. Caregiver records
shall contain the following:
a. An employee
application for secondary caregivers, including name, date of birth, address
and telephone number
b.
Documentation of high school diploma or GED, and continuing education hours (If
these documents are no longer available, proof of reasonable effort to obtain
the documentation is acceptable.)
(Clarification: Training hours will be counted on
a calendar year basis or by the home's operating schedule if they do not
operate year round.)
c.
Documentation of the initiation of all required background checks and results
obtained
d. Verification of
required transportation training and current copy of the driver's license for
caregiver(s) that transport children, if transporting
603
Children's
Records
1. Enrollment information
shall be obtained for each child before admission.
2. Identifying and Personal Data shall
include:
a. Child's name, birth date, home
address and telephone number
b.
Name and addresses of the parents and telephone numbers where the parents can
be reached while the child is in care
c. Date of enrollment in facility
d. Name, address and phone number of person
to be contacted if parents cannot be reached
e. A written behavior guidance policy
provided to parents, with a copy signed by the parents and retained by the
caregiver
f. Any legal documentation
that has been given to the facility by the parent or legal guardian regarding
the care of the child
3.
Medical Records shall include:
a. The name,
address and telephone number of the child's physician or emergency medical care
facility
b. Pertinent past medical
history on the child and any change in health
c. Child's unusual food needs such as special
formulas, diabetic diet or food allergies
d. Notes of special problems (such as
allegories to medication or sunburn sensitivity) or needs as indicated by the
parents
e. An authorized record of
up-to-date immunizations or documentation of a religious, medial or
philosophical exemption from the Arkansas Department of Health (The caregiver
shall maintain a roster of children who have not completed the minimum
immunization requirements. A current immunization schedule is provided in the
appendix of this publication.)
f. A
written record shall be made of all accidents, incidents, or injuries,
indicating the location, time of day, area, or piece of equipment where the
incident occurred. A copy of this shall be given to the parent or legal
guardian on the day of occurrence.
g. Any medical documentation that has been
given to the facility, by the parent or legal guardian, regarding the care of
the child
4. Permissions
and Agreements will be signed by parents and caregiver(s):
a. Consent for emergency medical care and
transportation for such care which shall accompany children who are transported
to and from the home
b. Other
transportation permission, if any, including routine and special field
trips
c. Permission to participate
in water activities, if any
d.
Signed statement by the parent stating who is authorized to pick up the
child
e. Written permission for the
facility to photograph or video tape their child, if applicable
f. Written permission for the facility to
place photos and video recordings of their child on social media or other web
sites, if applicable
5.
Documentation of distribution of Shaken Baby Syndrome information to all
parents of infants in accordance with Carter's Law. (Act 1208 of
2013)
6. Infant feeding
documentation shall be maintained for at least one
year.
700
NUTRITION
701
Nutrition
Requirements
1. A home licensed for
eleven (11) or more children, if food is prepared for the children in the Home,
shall provide a current verification of approval by the Arkansas Department of
Health, Sanitation Services
2. All
Licensed Homes shall meet the following requirements:
a. All food shall be safe and stored properly
to prevent spoiling.
b. The home
shall have a refrigerator with thermometer visible and the temperature shall be
maintained at 41 degrees or below. (Freezer thermometer shall be maintained at
zero (0) degrees or below.)
c. Food
shall not be stored under sinks.
d.
Food shall be stored in original container or in a closed container.
e. Chemical and toxins shall not be stored in
food storage area.
f. All medicines
shall be stored separately from food at all times.
3. All food and drink shall be prepared,
distributed and served under sanitary conditions and the following requirements
shall be met:
a. Caregivers shall wash hands
before preparing food.
b. There
shall be a two compartment sink with hot and cold running water.
c. Individual drinking glasses or disposable
cups shall be provided.
d. All
surfaces shall be kept sanitary.
e.
Food left uncovered or handled shall not be reused.
f. When dishes are washed by hand, they shall
be sanitized with a bleach solution.
g. Drinking water and water used for the
preparation of formula shall not come from the hot water supply. (Water from
hot water system may contain higher levels of lead and other substances which
could be harmful to small children.)
4. Food shall be served on individual plates,
bowls, or other dishes that can be sanitized or discarded.
5. Age appropriate tables and chairs,
highchairs, equipment designed for children, or other comfortable seating
options shall be used during snack and meal time.
6. Breakfast, if served, lunch and evening
meals shall each meet current U.S. Department of Agriculture guidelines,
including portion size. (See Appendix A) If sack lunches are utilized, the home
shall ensure that these also meet U.S. Department of Agriculture guidelines by
supplementing the lunches if necessary. Milk shall be served to each child
during the day. Exceptions may be made for children who suffer allergies to
milk.
7. Menus for all meals and
snacks shall be available for review.
8. Breakfast shall be made available to
children who arrive before 7:00am. Breakfast may be served to all children
rather than a morning snack provided there is no more than three (3) hours
between the beginning of breakfast and the beginning of lunch.
9. Midmorning and mid-afternoon snacks shall
be provided to all children and shall meet current U.S. Department of
Agriculture guidelines (See Appendix A).
10. All children in care during evening hours
shall be offered an evening snack. Children in care during evening hours shall
be served supper and children spending the night shall be served breakfast
unless provided by parent or school.
6. It is recommended that food brought in
from outside sources be in commercially pre-packaged containers or come from
Health Department approved kitchens.
This recommendation is based on concerns for the health and
safety of children who may have severe food allergies, and the difficulty of
monitoring ingredients in food brought in from home kitchens.
12. Children shall not be forced to eat.
702
Infant &
Toddler Nutrition Requirements
It is recommended that mothers be allowed and encouraged
to breast feed their child at the Child Care Family Home.
1. The routine use of baby food, bottles and
formula shall be agreed upon by the caregiver and parent. Instructions
regarding special needs for food, bottles and formula, such as food allergies,
shall be obtained in writing from the parent and followed by the caregiver (See
Appendix B).
2. Feedings for all
children up to twelve (12) months of age shall be documented by the caregiver
and available for review by the parent. This documentation shall continue for
all children older than twelve (12) months of age who are still being given
bottles.
3. Children shall not
share the same bottle.
4. A
sanitary method of cleaning baby bottles shall be practiced.
5. Baby bottles shall be properly
refrigerated.
6. Microwaves shall
not be used for heating bottles due to the danger of uneven heating.
7. Infant feeding schedules shall be flexible
and adapted to each infant's needs.
8. The solid foods fed to an infant shall be
determined by the child's parent(s).
9. Infants under six (6) months of age shall
be held while being fed. Bottles shall not be propped. Infants six (6) months
of age and older shall be held if needed.
10. Infants no longer held for feeding shall
either sit in low chairs at low tables or in infant seats with trays, or in
high chairs with wide bases. Safety straps shall be used with high
chairs.
11. Children under 2 years
of age shall not be fed foods that may cause choking, such as but not limited
to hard candy, raw carrots, hot dogs, nuts, seeds or popcorn.
800
BUILDINGS
801
Building
Requirements
1. The home's building,
grounds and equipment shall be clean, kept in good repair, and maintained as
needed to protect the health and safety of the children. If the home has
sustained structural damage the caregiver shall immediately notify the Child
Care Licensing Specialist.
2.
Department of Labor, Boiler Inspection Division requirements shall be met. All
water heaters and any other boilers in licensed child care settings shall be
inspected on an annual basis and/or upon installation. Verification that
initial inspection or proof of attempt to set up initial inspection, shall be
completed within six (6) months of licensure. Scheduling and completion of
annual inspections will be the responsibility of the Department of Labor,
however, the facility is responsible for cooperating and keeping documentation
of such inspection on file for review. (AR Code §
20-23-101 et. seq.)
3. There shall be at least thirty-five (35)
square feet of usable indoor space for each child in the Home. This area shall
not include kitchens, bathrooms, hallways or closets.
4. The home shall have an operable telephone
on site all hours children are in care. The Licensee shall provide the phone
number to the Licensing Unit and to the parents. (This phone may be a cell
phone if the phone stays operable, stays at the facility during all hours of
care, and is the phone number provided to the Licensing Unit and the
parents.)
5. Light, heating,
cooling and ventilation of the home shall be adequate for safety and
comfort.
6. Windows and/or doors
used for ventilation shall be screened.
7. It is recommended that if natural gas or
propane is used, the facility's heating systems be inspected and cleaned (if
necessary) before each heating season by a qualified HVAC technician.
8. Carbon monoxide detectors shall be placed
in homes according to manufacturer's recommendations if either of the following
situations applies:
a. The home uses wood,
propane, natural gas, or any other products as a source of heat that can
produce carbon monoxide indoors or in an attached garage.
b. Situations where carbon monoxide detectors
are required by state or local law
9. Manufactured homes, licensed as Child Care
Family Home, shall be tied down and under-pinned as required by the Arkansas
Manufactured Home Commission. The home shall obtain an inspection and approval
from the Arkansas Manufactured Home Commission prior to being
licensed.
10. Annual fire approval
shall be obtained on all manufactured homes licensed as Child Care Family
Homes.
11. Outdoor equipment that
requires use zones and protective surfacing shall require the same use zones
and protective surfacing if used inside the facility. (This does not apply to
equipment specifically designed for indoor use only.)
900
PLAYGROUNDS /
OUTDOOR LEARNING ENVIRONMENTS
To provide the safest possible playground environment, you are
encouraged to meet Consumer Product Safety Commission's guidelines listed in
the "Handbook for Public Playground Safety". However, the following are minimum
requirements and shall be met.
Please note that these requirements do not mandate the
use of any playground equipment that would require use zones and protective
surfacing. Numerous options for suitable playground environments are available
and acceptable. Examples of such activities are:
* Sand boxes
* Activity walls at ground level
* Art easels
* Balls & games
* Play houses
* Nature walks
* Use of the approved natural environment for outdoor
learning
It is not advisable to use public playgrounds and other play
environments away from the facility, as these environments may not meet
acceptable safety standards. If these playgrounds are used, it is recommended
that staff provide close supervision and not allow children to use any
equipment that appears unsafe (eg: broken equipment, sharp objects,
strangulations hazards, etc.). Please remember that visiting playgrounds and
other play environments away from the facility is considered a field trip and
all field trip regulations shall be followed.
901
Layout & Design
1. A diagram of the playground shall be
submitted, clearly identifying the perimeter of the playground, with
measurements, and identifying each piece of equipment used by the children
enrolled at the licensed facility. This documentation shall be in the form of a
satellite photo, when possible, from an internet site such as Google Maps, or a
diagram of the playground if a satellite photo is not available.
2. Any changes in the play area boundaries
and/or equipment requested must be submitted in writing and approved prior to
use.
3. All equipment and
protective surfacing shall be installed and maintained according to
manufacturer's guidelines.
4. The
play area/outdoor learning area shall be fenced or otherwise enclosed and
provide at least 75 square feet per child present on the playground at any
time.
5. There shall be an outside
exit from the play area.
6. The
area shall be well drained.
7.
There shall be equipment and activities appropriate for the age and number of
children enrolled in the facility.
8. Separate play areas or time schedules
shall be provided if, infants and toddlers share playgrounds with older
children.
9. Areas where children
play outdoors shall be properly maintained.
902
General Hazards
1. The area shall be free of hazards or
potentially hazardous objects.
2.
Equipment that has been determined by the Division to be unsafe for the
children shall be removed from the play area, or enclosed by a fence or other
suitable barrier so the children will not have access to it.
3. All newly purchased playground equipment
designed for children to play on or climb on, such as slides, swings, composite
structures, etc., shall be commercially manufactured and certified to meet ASTM
or CPSC standards for public playgrounds.
4. Equipment, which is designed to be
anchored, shall be properly anchored so that the anchoring devices are below
ground level.
5. Sand for playing
shall be kept safe and clean.
6.
Paint on equipment shall be lead free.
7. All fasteners, including S-hooks, shall be
securely tightened or closed.
8.
There shall be no sharp points, corners, edges, or splinters.
9. Equipment shall not have protrusion
hazards. (A protrusion is a projection which, when tested, is found to be a
hazard having the potential to cause bodily injury to a user who impacts
it.)
10. Equipment shall not have
entanglement hazards. (An entanglement is a condition in which the user's
clothes or something around the user's neck becomes caught or entwined on a
component of playground equipment.)
11. Trampolines shall not be used.
(Therapeutic use of trampolines is acceptable if supervised by the therapist on
a "one on one" basis.)
12. Ball
pits shall not be used. (Ball pits are large areas or "pits" filled with balls
intended for children to jump in and play. Therapeutic use of ball pits is
acceptable if supervised by the therapist on a "one on one" basis.)
13. Wading pools shall not be used. This does
not prohibit the use of sprinklers and water play.
14. To prevent entrapment, there shall be no
opening(s) between any interior opposing surfaces between 3.5 and 9 inches.
(Openings in equipment that might allow a child's body to pass through, but not
their head.) Ground bounded openings are exempt.
15. Providers/caregivers shall be aware of
and remove when possible any hazardous items children may wear on play
equipment such as helmets, drawstrings, and other accessories around the neck
that may cause a strangulation/entanglement hazard.
16. All children one year of age and older
shall wear properly fitted and approved helmets while riding bicycles, roller
blades, roller skates, scooters and skate boards. Helmets shall be removed as
soon as children stop riding this equipment. Helmets shall meet CPSC standards.
(Helmet use is recommended for children while riding tricycles and other
wheeled toys.)
17. All soccer goals
shall be commercially manufactured and installed and anchored according to
manufacturer's guidelines.
903
Balance Beams
1. Balance beams shall not be higher than 12
inches and shall have use zones with protective surfacing.
2. Children under age 2 shall not use balance
beams.
904
Slides1. Slides shall not have any
spaces or gaps between the platform and the slide surface.
2. Slides shall have a transition platform of
at least 14 inches deep for preschool and school age children, and 19 inches
deep for toddlers.
905
Swings
1. The following swings
shall not be used for any ages:
a.
Multi-occupancy swings designed to hold more than one child, except tire swings
b. Heavy molded swings such as
animal figure swings
c. Free
swinging rope (Tarzan ropes)
d.
Swinging exercise rings
e. Trapeze
bars
f. Swings attached to a
composite structure (Composite Structure is defined by CPSC as, "Two or more
play structures attached or functionally linked, to create one integral unit
that provides more than one play activity.")
2. There shall be no wood or metal swing
seats.
3. Toddler swings shall have
fully enclosed bucket seats.
4.
Direct supervision shall be provided for children in toddler swings.
906
Climbing
Equipment1. Free standing arch
climbers shall not be used for preschoolers.
2. Flexible grid climbing devices, such as
rope or chain ladders, climbing ropes, etc., shall be securely anchored at both
ends.
3. Flexible grid climbing
devices shall not be used for preschoolers unless they are anchored at both
ends and have a means of transitioning from one piece of equipment to the
next.
4. Preschoolers shall not use
sliding poles.
5. Sliding poles
shall have no protruding welds or seams along the sliding surface and the pole
shall not change directions.
907
Merry Go Rounds
1. The only merry-go-rounds allowed are
portable merry-go-rounds not designed to be anchored.
2. Merry-go-rounds shall have handgrips or
other secure means of holding on.
908
Seesaws
1. Seesaws without spring centering devices
shall have shock absorbing materials, such as partial tires embedded in the
ground underneath the seats or secured to the underside of the seats.
2. Hand holds shall be provided for both
hands at each seating position and shall not turn when grasped.
3. Hand holds shall not protrude beyond the
sides of the seat on seesaws.
909
Protective Surfacing
1. There shall be use zones and protective
surfacing under and around all equipment that is over 18" in height at the
highest accessible point. (The highest accessible point is defined as the
highest surface on the piece of equipment where children would stand or sit
when the equipment is being used as intended.) Use zones shall extend a minimum
of 6' in all directions (unless otherwise specified) from the perimeter of the
equipment. (Playground equipment that is between 18 inches and 24 inches at the
highest accessible point and that was installed prior to the enforcement date
of this revision is allowable without protective surfacing, as long as it meets
all other requirements.)
2. Swings
require use zones and protective surfacing regardless of height.
3. Use zone protective surfacing depths shall
be as follows:
Minimum compressed loose-fill protective surfacing
depths
|
|
Inches |
Loose-Fill Material |
Protects to Fall Height of: |
|
a. |
6* |
Shredded/recycled rubber |
10 feet |
|
b. |
9 |
Sand |
4 feet |
|
c. |
9 |
Pea Gravel |
5 feet |
|
d. |
9 |
Wood mulch (non-CCA) |
7 feet |
|
e. |
9 |
Wood chips |
10 feet |
*Shredded/recycled rubber loose-fill protective surfacing does
not compress in the same manner as other loose-fill materials. However, it is
recommended that care be taken to maintain a constant depth as displacement may
still occur.
4. Shock
absorbent material such as sand, pea gravel, wood chips, wood mulch, shredded
tires, etc., shall be used in use zone areas under and around playground
equipment which requires a use zone.
a. When
purchasing gravel, it is recommended that care be taken prior to purchase to
insure that the gravel is actually pea gravel that is smooth and rounded, and
not crushed rock or gravel with sharp edges. Crushed rock and sharp gravel will
not be approved.
b. Pea gravel used
for use zones shall not be over 1/2 inch in diameter.
c. Different types of protective surfacing
materials shall not be combined within the same use zone area.
5. Hard surface materials, such as
asphalt and concrete shall not be used as base surfaces in the use zones except
under commercial matting or other systems/products designed to be installed
over hard surfaces as directed by the manufacturer.
6. SLIDES: The use zone for slides measuring
6 feet or over, measured from the slide platform to the ground, shall extend 8
feet from the exit end of the slide. Use zones for slides measuring under 6
feet from the platform to the ground shall extend 6 feet from the exit end of
the slide.
7. SWINGS: The use zone
for single-axis swings (standard swings) (except toddler swings) shall extend
to the front and to the rear of the swing a minimum distance of two times the
height of the pivot point (where the chain attaches to the frame) above the
playing surface. The use zone for toddler swings shall extend to the front and
rear of the swing a minimum of two times the distance from the pivot point to
the swing seat. Use zones shall also extend 6 feet to the sides of the swing
set.
8. SWINGS: The use zone for
multi-axis swings (such as tire swings or others with three or more suspending
chains) shall extend in all directions a minimum of six feet, plus the height
of the suspending rod or chain. The use zone from the end of the structure must
also extend a minimum of 6 feet in all directions.
9. Use zones shall be free of obstacles onto
which children may fall.
1000
SLEEPING ARRANGEMENTS
1001
Sleeping Arrangement
Requirements1. All manufacturer
guidelines shall be followed for furniture and equipment that is used by or
around children.
2. Any cribs or
playpens that have been identified as unsafe, or have been subject to recall as
defined by the Consumer Products Safety Commission (CPSC) guidelines or law,
shall be removed or repaired as indicated.
3. Each child under twelve (12) months of age
shall have a separate well-constructed baby bed or play pen with a waterproof
mattress or pad which shall be clean, dry and in good condition. Sheets and
covers are required and shall be kept clean and dry. Bassinets shall not be
used. (Please note that the CPSC does not recommend the use of playpens in
licensed child care.)
4. Waterbeds
shall not be used for sleeping children under the age of two (2)
years.
5. The following guidelines
shall also be required for cribs:
a. Cribs
that have end panels with decorative cutout areas shall not be used.
b. Mattresses shall fit snugly in the
crib.
c. The space between crib and
mattress shall measure no more than 1 inch.
d. Corner post shall be the same height as
end panels.
e. End panels shall
extend below mattress at the lowest position of the mattress.
f. Baby beds shall have slats no greater than
2
3/8 inches apart.
6. Each child twelve (12) months of age or
older shall have a cot, bed, pallet, or mat which shall be placed at least one
foot apart. Sheets and covers are required. Bedding shall be of washable
material and shall be kept clean. If mats or pallets are used on floors, floors
shall be clean, warm, dry and draft free. Any mat or pallet less than two (2)
inches thick shall be placed on carpet.
7. Doors in rooms where children are sleeping
shall remain open.
8. Swaddling of
infants is not recommended and shall require a note from the child's physician
if continued past the age of three months.
9. Bibs, necklaces and garments with ties or
hoods shall be removed from infants prior to rest/naptime, to reduce the risk
of entanglement and strangulation while sleeping.
1100
HEALTH
1101
General Health
Requirements1. The home shall have an
adequate supply of water that meets the Arkansas Health Department standards
for drinking water.
2. Water shall
always be available to the children.
3. The facility shall follow any health or
medical care plans and/or medical documentation as provided by the child's
physician, parent, or guardian.
4.
Garbage shall be kept in a closed container out of children's reach.
5. All garbage, soiled diapers and trash
shall be removed from the home daily and grounds at least once a
week.
6. The home shall be free of
insects and rodents.
7. Water and
sewage disposal and toilet facilities shall be safe and sanitary. The Health
Department may be consulted for its recommendation.
8. Child Care Family Homes shall comply with
the Clean Indoor Air Act of 2006. Smoking (including e-cigarettes) in a Child
Care Family Home is prohibited at all times. This includes:
a. All areas of the home, regardless of
whether children are in care (includes time periods such as nights, weekends,
holidays, etc., also includes office areas or other areas of the facility that
share the same ventilation systems)
b. Outdoor play area
c. Other outdoor areas when children are
present on those areas
d. In any
vehicle used to transport children, whether children are present in the vehicle
or not
9. First-aid
materials are required and shall be kept out of reach of children. A first aid
kit containing medications shall be locked. The first-aid materials shall
include:
a. Adhesive band-aids (various
sizes)
b. Scissors
c. Sterile gauze squares
d. Roll of gauze bandages
e. Adhesive tape
f. Antiseptic
g. Thermometer
h. Tweezers
i. Disposable gloves
10. There shall be no adult in the home who
poses a health risk to children in care.
11. It is recommended that staff who have
direct contact with children receive annual Influenza (flu)
immunizations.
12. It is
recommended that staff who have direct contact with children receive a one-time
Tdap (Diphtheria, Tetanus & Pertussis) immunization.
13. It is recommended that staff who have
direct contact with children be required to have the recommended series of
immunizations for chicken pox, mumps, measles and rubella or evidence of
immunity.
1102
Children's Health
1. No child or staff
shall be admitted who has a contagious or infectious disease.
2. The parent or legal guardian shall be
notified as soon as possible when a child has any symptom that requires
exclusion from the facility. The child shall be separated from other children
and closely monitored until the parent arrives to pick the child up.
3. It is recommended that the caregiver
determine if the illness prevents the child from participating comfortably in
activities, results in a greater need for care than the child care staff can
provide without compromising the health and safety of the other children, or
poses a risk of spread of harmful diseases to others.
4. The caregiver shall temporarily exclude
from child care if child has:
a. Sudden change
in behavior, such as:
* Lethargy or lack of responsiveness
* Unexplained irritability or persistent crying
* Difficulty breathing
* A quickly-spreading rash
b. Fever over 101 degrees/oral, 100/axillary
(or equivalent method) in a child who also has pain, behavior changes, or other
symptoms of illness
* An infant younger than 2 months with any increased
temperature shall get urgent medical attention, within an hour.
* An infant younger than 6 months with any increased
temperature shall be medically evaluated.
c. Diarrhea, defined as watery/runny stools
if frequency exceeds 2 or more stools above normal for that child, and is not
related to a change in diet or medication (Exclusion from child care is
required if diarrhea cannot be contained in the diaper or if diarrhea is
causing soiled clothing in toilet-trained children.)
d. Blood or mucus in stools (unless caused by
hard stools)
e. Vomiting illness (2
or more episodes of vomiting in the previous 24 hours)
f. Abdominal pain which lasts more than 2
hours
g. Mouth sores with drooling
h. Rash with fever or behavior
change
i. Conjunctivitis or "pink
eye" - with white, yellow, or green eye discharge and red ("bloodshot") eyes,
exclude only if child has:
* fever
* eye pain
* redness and/or swelling of the skin around the eyes,
or
* if more than one child in the program has symptoms
j. Pediculosis (head lice),
from the end of the day until after the first treatment
k. Active tuberculosis, until a health care
provider or health official states that the child is on appropriate therapy and
can attend child care
l. Impetigo,
until treatment has been started
m.
Strep throat, until 24 hours after antibiotic treatment has been
started
n. Chicken pox, until all
lesions have crusted (usually 6 days after the rash appears)
o. Rubella, until 6 days after onset of
rash
p. Pertussis (whooping cough);
until 5 days of antibiotic treatment
q. Mumps, until 5 days after onset of gland
swelling
r. Measles, until 4 days
after onset of rash
s. Hepatitis A,
until 1 week after onset of illness or as directed by the health
department
5. Illness in
the home shall be handled to protect all children in care.
6. In case of critical illness or injury, and
if the parents cannot be reached, the physician named by the parent shall be
called. If necessary, the child shall be taken to the nearest emergency room.
Injuries that require the attention of medical personnel shall be reported to
the parent immediately.
7. In case
of critical illness or injury that requires the attention of medical personnel
the Child Care Licensing Specialist shall be notified within one business
day.
8. The caregiver shall notify
the child's parents of significant events that affect the children. This shall
include, but is not limited to:
a. Cases of
serious contagious disease
b. Any
injury incurred by a child
9. The communicable diseases listed in
Appendix B, whether suspected in a child or adult, shall be reported within
twenty-four (24) hours to either the local County Health Unit or the toll free
Reporting System ( 800-482-8888). Immediate notification is recommended for
the following:
a. Hepatitis
b. Rash illness (including Measles &
Rubella)
c. WHOOPING COUGH
(Pertussis)
d. MENINGITIS
e. MUMPS
f. Tuberculosis
g. Salmonellas (including typhoid)
h. E-coli
10. Reporting data should include:
a. The reporter's name, location and phone
number
b. The name of disease
reported and the date onset
c. The
patient's name, address, phone number, age, sex and race (Please spell the
patient's name)
d. The attending
physician's name, location and phone number
e. Any pertinent clinical and laboratory used
in the diagnosis (Please give the laboratory name)
f. Any treatment information, if
known
11. It is
recommended that universal precautions be used when handling and disposing of
materials containing bodily secretions such as wet or soiled diapers, fecal
matter, etc. Universal precautions shall be used when handling items
contaminated by blood. These items shall be disposed of separately and by using
rubber gloves that shall be properly disposed of after each use. (Note: hands
must be washed even after gloves are used.)
12. Within fifteen (15) days of enrollment of
a child, the home shall verify that the child has been immunized as required by
the Arkansas Department of Health or the child cannot remain in care. (Arkansas
Code 20-78-206 as amended by Act 870 of
1997.) (A current immunization schedule is provided as an insert in this
publication.)
13. Children shall be
protected from overexposure to the sun. Sunscreen shall be used if needed and
as directed by the parent. Suntan lotions and/or sunscreens used for
infant/toddlers and pre-school children shall be kept out of the children's
reach and shall be administered only with written parental permission.
School age children may apply sunscreen to themselves with
supervision. Blanket permission may be obtained
annually.
14. It is recommended
that the facility have an automated external defibrillator on site and have a
staff member(s) on-site who is trained in the proper use of this device.
1103
Toilet
Arrangements
1. At least one (1)
commode and one (1) sink shall be made available for the children's use. Potty
seats may be used by the younger children, if emptied, cleaned and disinfected
after each use. Potty seats shall be located in the bathroom only.
2. Toilet tissue shall be located within
reach of the children when toileting.
3. Individual cloth towels or paper towels
shall be available for each child.
4. Liquid soap shall be accessible in the
hand washing area and used by caregivers and children.
5. Running water shall be available in all
lavatories.
6. Caregiver's and
children's hands shall be washed with liquid soap before meals, after
toileting, after each diaper change and as needed. The use of hand sanitizer
shall not be a replacement for soap and running water.
7. There shall be a safe diaper changing
table that meets the following requirements:
a. Impervious (non-absorbent) smooth surfaces
that do not trap soil and are easily disinfected
b. There shall be a changing pad capable of
being sanitized used as a cushion between the child and the changing table
surface.
c. The table shall be
sturdy and stable to prevent tipping over.
d. The table shall be a convenient height for
use by caregivers/teachers.
e. The
table shall be equipped with a raised edge or other provision to help reduce
the risk of a child rolling off the table.
7. Children shall always be attended during
diapering.
8. Soiled or wet diapers
shall be removed, disposed of properly, and replaced with clean, dry diapers.
The caregiver shall ensure that children are properly cleaned and
dried.
9. The caregiver shall
assist children in toilet routine and hygiene practices.
10. The following methods shall not be used
in toilet training:
a. Placing a child on
toilet or potty chair for prolonged time periods
b. Using harsh language
c. Punishing or berating in any way for
soiling clothing
d. Using physical
force to place child on a toilet or potty chair against their will
e. Leaving child unsupervised on
toilet
1104
Medication Requirements1.
Prescription medication shall be in the original container, with a child
resistant cap, and labeled with the child's name, instructions, and the
physician's name. It should not have an expired date.
2. All non-prescription medicine (except
aspirin substitutes, such as ibuprofen and acetaminophen) shall be labeled with
the child's name and dated.
3. All
medicines shall be given to a child only with the written permission of the
child's parent(s) or guardian which includes date, type, drug name, time and
dosage, length of time to give medication, and what the medication is being
given for.
4. Medicines shall be
kept in a locked area. Medicine shall be kept out of the reach of the children
when dispensing.
5. Medicine shall
be stored at the proper temperature, separately from food at all
times.
6. Rescue medications such
as inhalers or EpiPens shall be inaccessible to children (kept in a cabinet
with a child proof type safety latch or carried by the caregiver.)
7. Medication shall be returned to the parent
or disposed of properly when a child withdraws from care or when the medication
is out of date.
8. Children with
special health care needs (ex. asthma, seizures, diabetes, etc.) who require
scheduled daily medications or medications to be given on an emergent basis
(Benadryl, EpiPen, rescue asthma medication, etc.) shall have a care plan. Care
plans shall have clearly stated parameters, directions, and symptoms for giving
the medications. Care plans shall be updated as needed, but at least
yearly.
9. The facility shall share
information with families regarding medical homes for children.
1105
Phone Numbers
Required
1. The following phone
numbers shall be available in the immediate area of the telephone:
a. Ambulance service or emergency medical
services
b. Police or sheriff's
department
c. Fire department
d. Poison Control Center: 1-800-376
-4766
e. Child Abuse Hotline
Number: 1-800-482 -5964
f. The
physicians named by the parents
g.
Child Care Licensing Unit Central Office Number: 501-682-2350 or toll free
1-800-445 -3316
h. Home and
business numbers of the parents
1106
Pet Requirements
1. Pets with which children have contact
shall receive vaccinations as required by law. Verification of vaccinations
administered by a licensed veterinarian shall be maintained. Any pet that
constitutes a threat to the welfare and safety of the children shall be kept in
a confined area which prevents any contact with the children.
1200
SAFETY
It is highly suggested that the home have an evacuation
crib or equivalent that could be used for the safe evacuation of
infants.
1201
Safety
Requirements
1. Within 30 days of
licensure and within 30 days of any change or modification of the floor plan
the facility shall file a copy of their floor plan with the local Office of
Emergency Management including the following (§
20-78-228 Act 1159 of 2013):
a. A schematic drawing of the facility and
property used by the child care facility including the configuration of rooms,
spaces, and other physical features of the building
b. The location or locations where children
enrolled in child care spend time regularly
c. The escape routes approved by the local
fire department for the child care facility
d. The licensed capacity and ages of children
per room at the facility
e. The
contact information for at least two emergency contacts for the
facility
f. An aerial view of the
child care facility and property used by the child care facility shall be
included with the floor plan if available
Homes already licensed on the effective date of this regulation
shall have 30 days to comply.
2. The Child Care Family Home shall have a
written plan detailing the procedures to follow in the event of emergencies
(fires, floods, tornadoes, utility disruptions, bomb threats, etc.) (Act 801 of
2009). The plan and procedures are required for emergencies that could cause
structural damage to the facility, be identified as a threat by the Arkansas
Department of Emergency Management or pose a health and/or safety hazard to the
children and staff.
3. The written
plan shall include the following information:
a. Designated relocation site and evacuation
route
b. Procedures for notifying
parents of relocation
c. Procedures
for ensuring family reunification
d.
Procedures to address the needs of individual children, including children with
special needs
e. Procedures and
documentation for annual training of staff regarding the plan and possible
reassignment of staff duties in an emergency
f. Plans to ensure that all caregivers and
volunteers are familiar with the components of the plan
4. The Child Care Family Home shall
coordinate with local emergency management officials to plan for
emergencies.
5. Written procedures
and evacuation diagrams for emergency drills shall be posted in each room used
for childcare.
6. Fire and tornado
drills shall be practiced as follows:
a.
Monthly
b. Fire and tornado drills
shall be practiced on separate days and at different times of the
day.
c. During all hours when
children are in care (evenings, nights, weekends, etc.)
d. Everyone in the Home at the time of the
drill shall participate in the drill
e. Caregivers, including volunteers, shall be
trained in safety drill procedures
7. The home shall maintain a record of
emergency drills. This record shall include:
a. Date of drill
b. Type of drill
c. Time of day
d. Number of children participating in the
drill
e. Length of time taken to
reach safety
f. Notes regarding
things that need improved upon
8. The Child Care Family Home shall maintain
an evacuation pack that shall be taken on all drills and during real
emergencies evacuations. The pack shall be easily accessible in an emergency
and all caregivers shall know the location of the pack. The evacuation pack
shall include, but is not limited to the following:
a. List of emergency numbers
b. List of all emergency and contact
information for children
c. List of
all emergency and contact information for staff
d. First aid kit (requirement 1101.9) with
extra gloves
e. Kleenex
f. Battery powered flashlight and extra
batteries
g. Battery powered radio
and extra batteries
h. Hand
sanitizer
i. Notepad and
pens/pencils
j. Whistle
k. Disposable cups
l. Wet wipes
m. Emergency survival
blanket
9. The home shall
immediately notify the Licensing Unit of any damage to the building and/or
grounds. If phone service is not available, notification shall be as soon as
service is restored or available.
10. Licensed Homes shall maintain a log of
all child product recall and safety notices issued by CPSC or distributed the
Attorney General's Office and shall post or otherwise make these notices
available for parents to review on site. The Licensee shall certify, on an
annual basis, that these notices have been maintained and reviewed and that any
identified items have been removed from the facility. Forms for
self-certification will be provided by the Licensing Specialist and shall be
submitted annually. (Act 1313 of 2001)
11. Electrical outlets shall be guarded.
Protective caps, if used, shall be large enough to prevent
swallowing.
12. Indoor or outdoor
cooling units shall have guards or barriers when necessary. All outdoor
electrical boxes, gas lines, and exposed electrical cords shall be
enclosed.
13. Stairways shall be
well lighted and guarded as needed.
14. Dangerous equipment and/or objects shall
be stored away from areas used by the children.
15. All detergents and cleaning supplies
shall be kept out of the reach of children. (This does not include hand soap in
children's or staff bathrooms.) Supplies used for children's activities shall
be carefully supervised.
16. All
poisonous substances shall be kept in a locked area.
17. Guns shall be unloaded. Guns, other
weapons, and ammunition shall be stored in a locked area in the home.
18. Illegal drugs/paraphernalia shall not be
in any part of the home, regardless if children are present or not.
19. Tanks, ponds, swimming pools, open wells,
drainage ditches and sewage drainpipes shall be fenced if located within the
play area.
20. Home swimming pools
shall not be used by children in care unless permission is obtained from Child
Care Licensing through an alternative compliance request. This request must
include written approval from the Arkansas Department of Health for the use of
the pool by children in care. (Home swimming pools used by children in care are
considered semi-private pools by the Department of Health and approval for
these pools requires inspection during the construction phase. Obtaining
approval for existing pools is usually not possible.)
21. Wading pools shall not be used.
22. Alcoholic beverages shall be kept out of
reach of children.
1202
Fire
The currently adopted Arkansas Fire Prevention Code does
not allow the use of basements or floors above ground level by children, first
grade and younger, unless there is a ground level exit. (Please be advised that
the fire code also does not allow wood paneling in child care family homes.
This will fall under the authority of the local fire
jurisdiction.)
1. A home caring
for eleven (11) or more children at any time (this does include school age
children not counting in the ratio) shall provide verification of an approved
annual Fire Department inspection.
2. A fire extinguisher with a minimum of five
(5) lbs. ABC rating shall be installed in the kitchen area of the home and
shall be properly maintained. Caregivers shall know how to operate the
extinguisher.
(Clarification: These fire extinguishers are
required by State Code to be inspected annually and have the approval
verification tag attached. An alternative to the inspection is the purchase of
a new fire extinguisher annually and retention of the receipt verifying the
purchase.)
3. A working
smoke detector shall be installed near the kitchen area and in the children's
sleeping areas.
4. All smoke
detectors in the home shall be hard wired and operate in a manner that if one
sounds, they all will sound. (Homes licensed prior to January 1, 2014 are
exempt from this requirement, unless the Home's capacity or ownership
changes.)
5. The home shall be
maintained to be free from fire hazards at all times. The Child Care Licensing
Specialist shall consult with the local Fire Department or the State Fire
Marshal when it appears hazards exist.
6. The structure and use of the home shall
permit easy entry and exit and shall comply with the following:
a. A home with more than one (1) level shall
have second exits on all levels used by children.
b. A home shall have at least two (2) exits
to the outside located on different sides of the home.
c. Doors opening to the outdoors shall be
constructed so the children can open them easily from the inside.
d. Doors between rooms in the exit route
shall not be locked while children are in the home.
e. Doors and pathways shall be clear of
equipment that blocks the movement of children and caregiver(s).
7. Wood burning stoves, gas logs,
fireplaces, open flame space heaters, water heaters, floor furnaces or other
sources of heat shall be guarded and/or vented when necessary for the
protection of the children. Portable fuel fired heaters shall not be
used.
8. Cooking stoves or ovens
shall not be used as a heating source in the home.
9. Portable heaters shall not be placed
within reach of children and shall be approved UL listed products.
10. The Licensee shall notify the Child Care
Licensing Specialist of any fires causing damage to the home. This notification
shall be made no later than the end of the following working day.
1300
TRANSPORTATION
1301
Transportation Requirements1. The
requirement in this section apply to all transportation provided by the
Licensee, including transportation provided by any person on behalf of the
Licensee, regardless of whether the person is employed by the Licensee. The
requirements in this section are not limited to routinely scheduled
transportation. Periodic transportation, such as a parent requesting that their
child be picked up at school due to the parent's work schedule or other
conflicts, is also covered by these requirements, whether a fee is charged for
this service or not.
2. When
children are transported, emergency contact information shall be maintained on
the vehicle at all times.
3.
Caregivers transporting children shall meet the following requirements:
a. Be at least twenty-one (21) years old or
the minimum age required by the Licensee's commercial auto insurance
b. Hold a current valid driver's license or
commercial driver's license as required by state law, and a readable copy shall
be maintained in the employee's record
c. Successfully completed the training course
in Driver Safety that is offered, or approved, by the Division prior to
transporting children. Verification of the completed course in Driver Safety
shall be maintained in the employee's record.
d. Be certified in CPR and First
Aid.
4. The vehicle(s)
used for the transportation of children shall be in compliance with Arkansas
state laws on transportation of children.
5. Vehicles shall be licensed and maintained
in proper working condition including air conditioning and heating
systems.
6. Commercial insurance
coverage shall be maintained for any vehicle used for transportation by the
facility. Verification of commercial insurance coverage shall be provided to
the Licensing Specialist prior to transportation of children. (Facilities
licensed prior to the effective date of these regulations shall obtain required
coverage within ninety (90) days.) Required coverage amounts to be maintained
are:
a. Minimum coverage of $100,000 Combined
Single Limit (CSL)
b. Minimum
coverage of $100,000 for both Uninsured Motorist (UM) and Under Insured
Motorist (UIM)
c. Minimum coverage
of $5,000 Personal Injury Protection (PIP) for each passenger (based on the
number of passengers the vehicle is manufactured to transport)
7. The driver may be counted in
the staff/child ratio, but shall not be the only adult present when more than
ten (10) children age three (3) and above are transported.
8. Any child transported in a passenger
automobile, van or pick-up truck, who is less than six (6) years old or weighs
less than sixty (60) pounds, shall be restrained in a child passenger safety
seat. Any child who is at least six (6) years old, or weighs at least sixty
(60) pounds, must be restrained by a safety belt or any other approved safety
devices. (Act 470 of 2001) Child passenger safety seats shall be used in
accordance with manufacturer's guidelines.
9. The loading and unloading of children from
vehicles shall be conducted in a safe manner.
10. There shall be a seating space and an
individual, appropriate restraint system provided for each child being
transported.
11. Rosters listing
the date, names and ages/date of birth of all children being transported as
well as the name of the driver and any other staff member on the vehicle shall
be maintained. These rosters shall be used to check children on and off the
vehicle when they are picked up and dropped off at home, school, etc. and when
they arrive at and leave the Licensed Home. Transportation rosters shall be
kept by the facility and available for review for one (1) year.
12. To insure that no children are left on
the vehicle, the driver or a staff member must walk through the vehicle and
physically check each seat before leaving the vehicle. The transportation
roster must be signed by the driver or staff who conducts the walk through
inspection, documenting that all children have exited the vehicle.
13. To insure that children have safely
arrived in the home classroom, the transportation roster shall be reviewed by
the Licensee and compared with attendance records. The Licensee shall sign off
on the transportation roster to verify that all children have safely
transitioned from the vehicle to the home.
14. Any vehicles designed or used to
transport more than seven (7) passengers and one (1) driver must have approved
child safety alarm devices installed. These devices must be properly maintained
in working order at all times.
Vehicles in service at licensed facilities prior to July 1,
2005, shall have the alarm installed by a qualified technician or mechanic no
later than December 31, 2005. On or after July 1, 2005, all vehicles at newly
licensed facilities and newly acquired vehicles at existing facilities shall
have a child safety alarm installed before placing the vehicle in
service.
The Child Care Licensing Unit shall maintain a list of approved
alarm systems.
Clarification
* The alarm system shall be installed so that the driver must
walk to the very back of the vehicle to reach the switch that deactivates the
alarm. Alarm switches installed in locations that do not require the driver to
walk to the back of the vehicle and view all seating areas will not be
acceptable.
* The alarm systems may be installed by any certified
technician or mechanic employed by a recognized electronics or automotive
business in accordance with the device manufacturer's recommendations.
* The time delay from activation of the alarm until the alarm
sounds shall be no longer than one minute. Any of the following three
options are acceptable to meet the intent of Act 1979 when children are being
delivered at the facility. Other options must be approved by the Licensing
Unit.
Options:
1. Unload all of the children, walk through
the vehicle to ensure that no children remain on board and deactivate the
alarm. (This option will only work if you are able to unload all children in
less than one minute.)
2. Upon
arrival, have one staff member immediately walk through the vehicle to
deactivate the alarm system. That staff member will remain near the alarm
switch at the back of the vehicle until all children have been unloaded to
ensure that no child is left on board. (This option will require at least two
staff members, one to supervise the children and one to remain inside the
vehicle.)
3. Upon arrival,
deactivate the alarm and unload the children. Immediately after unloading,
start the vehicle and move it to a different location for final parking. (This
will reactivate the alarm and require a final walk through.)
1302
Infant & Toddler Transportation Requirements
1. A vehicle transporting children under the
age of thirty-six (36) months shall maintain a ratio of one (1) adult to three
(3) children.
1400
SPECIAL NEEDS
Individuals with Disabilities Education Act (IDEA):
* It is a law ensuring services to children with disabilities
throughout the nation. IDEA governs how states and public agencies provide
early intervention, special education and related services to eligible infants,
toddlers, children and youth with disabilities.
* It defines a child with Special Needs as:
* A child determined eligible for special services under the
Individual with Disabilities Education Act (IDEA) for whom a current IFSP
(Individual Family Service Plan) or IEP (Individual Education Plan) exists
and/or
* A child whose physical condition has lasted or is expected to
last at least two (2) years as diagnosed by a licensed medical or psychological
examiner
* It is specified in
Public
Law 108-466
§635.16 A-B (IDEA as
reauthorized) as:
* Children with disabilities including children in public or
private institutions or other care facilities are educated to the maximum
extent appropriate with children who are not disabled. * Special classes,
separate schooling or other removal of children with disabilities from the
regular educational environment occurs only when the nature or severity of the
disability of the child is such that the child is not achieving a satisfactory
education in a regular class that provides supplementary aids and
services.
All child care facilities are required by
IDEA to refer a child with any suspected delays or disabilities to the
appropriate lead agency (as determined by the child's
age).
1401
Special Needs Requirements
1. All
child care facilities shall comply with all applicable provisions as specified
in IDEA:
a. The facility shall enroll
children with special needs without regard to disability. (Programs are
required to provide space and care for a child who can be placed in their
facility with existing services, as well as added supports from special
educational services, and as long as the health and safety of the child can be
met.)
b. Staff shall
provide care in the general classroom with children who are not disabled
c. The facility shall assist in
facilitation of services required to meet the "special needs" of children in
the center or in the classroom as specified on the individualized
education/individual family service plan.
d. Facility staff (regular classroom staff)
shall be a partner in the IFSP/IEP plan process
e. The facility shall allow service providers
who are representatives of DHS, DDS or ADE access to the facility to provide
special services as prescribed on the plan to enable the plan to be implemented
in the classroom (natural/ least restrictive environment).
f. The facility shall not charge special
service providers for space, accept "gratuities", or payment for allowing
special service providers to provide services in their facility.
g. The facility is not required to "displace"
children or staff to make space available to special service
providers.
h. In order for a
special service provider to provide special services in the facility, the
IFSP/IEP planning team under the authority of the Arkansas Department of
Education and/or the Arkansas Department of Human Services, Developmental
Disabilities Services, shall identify the needed special services on the
IFSP/IEP.
i. Classroom staff shall
reinforce the specified goals and objectives as part of the daily routine of
the classroom.
1402
Infant & Toddler Special
Needs Requirements1. To the maximum
extent appropriate, children ages 0 - 2 shall participate in early intervention
services provided in "natural environments."
2. When infants and toddlers cannot achieve
satisfactory results from early intervention services in a natural environment,
the provision of early intervention services shall occur in other appropriate
settings as determined by the parent and the Individualized Family Service
Team.
APPENDIX A: CHILD CARE MEAL PATTERN
When children over age one participate in the Program, the
total amount of food authorized in the meal pattern set forth below shall be
provided in order to qualify for reimbursement. Children age 12 and up may be
served adult-size portions based on the greater food needs of older children,
but shall be served not less than the minimum quantities specified in this
section for children age 6 through 12 years. For purposes of the requirements
outlined in this paragraph, a cup means a standard measuring cup.
Bread, pasta or noodle products, and cereal grains shall be
whole grain or enriched; cornbread, biscuits, rolls, muffins, etc. shall be
made with whole
|
Breakfast |
Children 1 and 2 years |
Children 3 through 5 years |
Children 6 through 12 years |
|
Milk, fluid
Juice or fruit or
vegetable Bread,
bread alternate**** and/or
cereal
enriched or whole grain
Bread or
Cereal: Cold dry or
Hot cooked |
1/2 cup (4 oz) 1/4 cup
1/2 slice (1/2 oz.)
1/4 cup* 1/4 cup |
3/4 cup (6 oz.) 1/2 cup
1/2 slice (1/2 oz.)
1/3 cup** 1/4 cup |
1 cup (8 oz.) 1/2 cup
1 slice (1 oz.)
3/4 cup*** 1/2 cup |
|
AM or PM snack (supplement) |
|
|
|
|
(select 2 of these 4 components) Milk,
fluid
Meat or meat alternate Juice
or fruit or vegetable Bread, bread alternate****
and/or cereal
enriched or whole grain
Bread or
Cereal: Cold dry or
Hot cooked |
1/2 cup (4 ounces) 1/2 ounce 1/2
cup
1/2 slice (1/2 oz.) 1/4 cup* 1/4
cup |
1/2 cup (4 ounces) 1/2 ounce 1/2
cup
1/2 slice (1/2 oz.)
1/3 cup** 1/4 cup |
1 cup (8 ounces) 1 ounce 3/4 cup
1 slice (1 oz.)
3/4 cup*** 1/2 cup |
|
Lunch or Supper |
1 |
|
1 |
|
Milk, fluid
Meat or meat alternate
(lean meat or poultry or fish)
Cheese
Egg
Cooked dry beans or peas
Peanut butter
Yogurt (plain or flavored)
(Or an equivalent quantity of any combination of the
above meat/meat alternates) Vegetable and/or
fruit
(total of two or more)
Bread or bread alternate****
enriched or whole grain |
1/2 cup (4 oz.)
1 ounce 1 ounce 1/2 large egg 1/4 cup 2
tbsps. 1/2 cup
1/4 cup
1/2 slice (1/2 oz.) |
3/4 cup (6 oz.)
1 1/2 ounces 1 1/2 ounces 3/4 large egg
3/8 cup 3 tbsps. 3/4 cup
1/2 cup
1/2 slice (1/2 oz.) |
1 cup (8 oz.)
2 ounces 2 ounces
1 large egg 1/2 cup 4 tbsps. 1 cup
3/4 cup
1 slice (1 oz.) |
*1/4 cup (volume) or 1/3 ounce
(weight)
**1/3 cup (volume) or 1/2 ounce
(weight)
***3/4 cup (volume) or 1 ounce
(weight)
****Refer to Food Buying Guide "Grains and
Breads" for equivalent quantities
APPENDIX B : INFANT CARE MEAL PATTERN
Reimbursable meals served to infants, children, or adult
participants in the Child and Adult Care Food Program shall contain (as a
minimum) the indicated meal pattern quantities and food components.
Meals served to infants ages birth through 11 months must meet
the requirements described in this meal pattern. Foods included in the infant
meal must be of a texture and a consistency that are appropriate for the age of
the infant being served. Either breast milk or iron-fortified infant formula
must be served for the entire first year.
|
Age
Birth through 3 months |
Breakfast
4-6 fluid ounces breast milk* or formula** |
Lunch or Supper
4-6 fluid ounces breast milk* or formula** |
Snack
4-6 fluid ounces breast milk* or formula** |
|
4 months through 7 months |
4-8 fluid ounces breast milk* or formula**
0-3 tablespoons infant cereal*** |
4-8 fluid ounces breast milk* or formula** and
0-3 tablespoons infant cereal*** and
0-3 tablespoons fruit or vegetable or both |
4-6 fluid ounces breast milk* or formula** |
|
8 months up to first birthday |
6-8 fluid ounces breast milk* or formula**
and
2-4 tablespoons infant cereal and
1-4 tablespoons fruit and/or vegetable or
both |
6-8 fluid ounces breast milk* or formula** and
2-4 tablespoons infant cereal*** and/or
1-4 tablespoons meat, fish, poultry, egg yolk, or
cooked dry beans or peas, or 1/2 - 2 ounces cheese, or 1-4 tablespoons
cottage cheese, cheese food, or cheese spread and 1-4 tablespoons fruit or
vegetable or both |
2-4 fluid ounces breast milk* or formula** or fruit
juice****
and
0-1/2 slice bread or 0-2 crackers***** |
* It is recommended that breast milk be served in place
of formula from birth through 11 months. For some breastfed infants who
regularly consume less than the minimum amount of breast milk per feeding, a
serving of less than the minimum amount of breast milk may be offered, with
additional breast milk offered if the infant is still hungry
** Iron-fortified infant formula
*** Iron-fortified dry infant cereal
**** Full-strength fruit juice
***** Made from whole-grain or enriched meal or flour
APPENDIX C: ADULT CARE MEAL PATTERN
The meals served to adult participants in the Child and Adult
Care Food Program shall contain the indicated meal pattern quantities and food
components in order to qualify for reimbursement. Adult centers may choose to
implement the "offer vs. serve" option (as described on following page).
|
Breakfast |
|
|
Adult Participants |
|
Milk, fluid
Juice or fruit or
vegetable
Bread and/or cereal*
enriched or whole grain
Bread or
Cereal: Cold dry or Hot cooked |
|
|
1 cup (8 ounces)
1/2 cup
1 slices (or 2 servings the equivalent quantity of
2
ounces)
11/2 cups (or 2 ounces) 1 cup |
|
AM or PM snack (supplement) |
|
|
|
|
(select 2 of these 4 components) Milk,
fluid
Meat or meat alternate Juice
or fruit or vegetable Bread and/or
cereal*
enriched or whole grain
Bread or
Cereal: Cold dry or Hot cooked |
|
|
1 cup (8 ounces) 1 ounce 1/2 cup
1 slice (1 ounce) 3/4 cup (or 1 ounce) 1/2
cup |
|
Lunch or Supper |
|
|
1 |
|
Milk, fluid
Meat or meat alternate
(lean meat or poultry or fish)
Cheese
Egg
Cooked dry beans or peas
Peanut butter
Yogurt (plain or flavored)
(Or an equivalent quantity of any combination of the
above meat/meat alternates) Vegetable and/or
fruit
(total of two or more)
Bread or bread alternate*
enriched or whole grain |
|
|
1 cup (8 ounces) - (none required at supper
meal)
2 ounces 2 ounces
1 large egg 1/2 cup
4 tablespoons 1 cup
1 cup
2 slices (or 2 servings the equivalent quantity of 2
ounces) |
* Refer to Food Buying Guide "Grains and Breads" for equivalent
quantities
APPENDIX D: LIST OF REPORTABLE DISEASES
The following are the more common
reportable diseases, which occur with moderate
frequency in Arkansas:
|
Gonorrhea |
Salmonellosis (including typhoid) |
|
Hepatitis (A, B, Non-A, Non-B |
Shigellosis |
|
Unspecified and results of serologies) |
Syphilis |
|
Rash illnesses (including *MEASLES, |
MUMPS |
|
& RUBELLA) |
Tuberculosis |
|
*WHOOPING COUGH (pertussis) |
MENINGITIS |
The following are less common reportable diseases that occur
with low frequency in Arkansas
*AIDS (Acquired Immune Deficiency
Syndrome)
Amebiasis
ANTHRAX *Aseptic Meningitis
Blastomycosis
BOTULISM *Brucellosis
Campylobacter Interitis
Chancroid
CHOLERA
Coccidioidomycosis *Congenital Rubella Syndrome
DIPHTHERIA
Encephalitis (all types)
FOOD POISONINGS(all types)
Giardiasis
Gonococcal Ophthalmia
Granuloma Inguinale *Guillain - Barre Syndrome
Histoplasmosis
HIV [Human Immuno Deficiency
Virus by (name & address)] **Influenza *Kawasaki Disease
*Legionellosis
* Leprosy
* Leptospirosis
* Lyme Disease Lymphogranuloma Venereum
* Malaria
* Meningitis, Hemophilus Influenza
Type B
* Meningococcal infection Mumps
Pesticide Poisoning PLAGUE
* POLIOMYELITIS
* Psittacosia (Ornithosis) Q Fever
RABIES
* Relapsing Fever
* Reyes Syndrome Rheumatic Fever
* Rocky Mountain Spotted Fever SMALL POX
* Tetanus
* Toxic Shock Syndrome Toxoplasmosis
* Trichinosis
* Tularemia TYPHUS FEVER YELLOW FEVER
*The reporting physician will be contacted for additional
information.
**Individual cases to be reported only
when laboratory testing has determined the viral type.
The diseases in capital letters are to be brought to the
immediate attention of the State Epidemiologist when suspected.
Reporting data shall include:
a. Names & location of reporting person
b. Disease or suspected disease and
date of onset
c. Name, age, sex,
address and phone number of patient (please spell patient's name)
d. Name of patient's physician
The following diseases are also of public health importance and
it is recommended that they be reported whenever there is an unusual incidence
or outbreak (including seasonal). It is necessary to report:
(1) physician's name and location
(2) the suspected disease
(3) the number of cases and interval during
which the cases were seen:
|
Acute respiratory disease |
Hospital acquired infections |
|
Chicken pox |
Infectious Mononucleosis |
|
Conjunctivitis |
Influenza (estimate number) |
|
Dermatophytosis (ringworm) |
Pediculosis |
|
Enteropathogenic E. Coli Diarrhea |
Pleurodynia |
|
Epidemic Diarrhea of unknown cause |
Pneumonia (bacterial, Mycoplasma, viral) |
|
Gastroenteritis |
Staphylococcal-Infections |
|
Herpangina |
Streptococcal Infections |
The following occupational disease also shall be
reported:
|
Asbestosis |
Mesothelioma |
|
Silicosis |
Coal Workers Pneumoconiosis |
|
Byssinosis |
|
FOR FURTHER ASSISTANCE CONTACT THE LOCAL COUNTY HEALTH
UNIT.
APPENDIX E: DISASTER/EMERGENCY PREPAREDNESS
|
DISASTER/EMERGENCY
NUMBERS |
CONTACT/TOWN |
TELEPHONE NUMBER |
|
AMBULANCE |
|
|
|
APPLIANCE REPAIR |
|
|
|
BUILDING INSPECTOR |
|
|
|
CHILD ABUSE HOT LINE |
|
1-800-482-5964 |
|
CHILD CARE LICENSING UNIT |
Little Rock |
1-800-445-3316 or 501-682- |
|
CLEANING/MAINTENANCE |
|
|
ELECTRIC COMPANY |
|
|
|
ELECTRICIAN |
|
|
|
EMERGENCY CHILD LOCATOR |
|
1-866-908-9572 |
|
FACILITY DIRECTOR |
|
|
|
FIRE DEPARTMENT
FIRE DEPARTMENT
(Non-Emergency) |
|
|
|
GAS COMPANY |
|
|
|
GLASS COMPANY |
|
|
|
HEALTH DEPARTMENT (Local) |
|
|
|
HEATING/AIR CONDITIONING |
|
|
|
INSURANCE AGENT AND POLICY LICENSING
SPECIALIST |
|
|
|
LOCKS |
|
|
|
NATIONAL EMERGENCY FAMILY REGISTRY AND
LOCATOR |
|
1-800-588-9822 |
|
PLUMBER |
|
|
|
POISON CONTROL |
|
1-800-376-4766 |
|
POLICE |
|
|
|
POLICE (Local Non-Emergency) |
|
|
|
RED CROSS (Local) |
|
|
|
SHERIFF |
|
|
|
TRASH REMOVAL |
|
|
|
WATER DEPARTMENT |
|
|
IMMUNIZATION REQUIREMENTS
Table I: Immunization Requirements for Child
Care and Early Childhood Education Facilities Instructions for utilizing Table
I: Table I is not a recommendation of vaccines to get, but of doses
required to already have at that age. To determine what vaccines are required
for a child to attend a licensed child care facility, refer to Column 1 on the
left to see what age range is correct for the child. Then all the vaccines on
the same row as the child's age are required for attendance in a licensed child
care facility. Vaccines are required based on the current age of the child.
Column 1 is not an age range for when a child can be vaccinated.
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
Column 5 |
Column 6 |
Column 7 |
Column 8 |
Column 9 |
|
Current AGE of child |
DTaP DTP/DT |
POLIO |
Hib ** |
HEPATITIS B |
MMR **** |
VARICELLA **** |
PNEUMOCOCCAL ** |
HEPATITIS A |
|
1-2 Months |
None |
None |
None |
None (1-2 doses possible) |
None |
None |
None |
|
|
3-4 Months |
1 dose |
1 dose |
1 dose |
1 dose (1-2 doses possible) |
None |
None |
1 dose |
|
|
5-6 Months |
2 doses
OR
1 dose within last 8 weeks |
2 doses
OR
1 dose within last
8 weeks |
2 doses
OR
1 dose within last 8 weeks |
2 doses
OR
1 dose within last
8 weeks |
None |
None |
2 doses
OR
1 dose within last 8 weeks |
|
|
7-12 Months |
3 doses
OR
1 dose within last 8 weeks |
2 doses
OR
1 dose within last
8 weeks
(3 doses possible) |
2-3 doses
OR
1 dose within last 8 weeks |
2 doses
OR
1 dose within last 8 weeks
(3 doses possible) |
None |
None |
2-3 doses
OR
1 dose within last 8 weeks |
|
|
13-15 Months |
3 doses
OR
1 dose within last 8 weeks |
2 doses
OR
1 dose within last
8 weeks
(3 doses possible) |
2-3 doses
OR
1 dose within last 8 weeks
(4 doses possible) |
2 doses
OR
1 dose within last 8 weeks
(3 doses possible) |
None
(1 dose possible) |
None (1 dose possible. A medical professional history
of disease may be accepted in lieu of receiving vaccine.) |
2-3 doses
OR
1 dose within last 8 weeks
(4 doses possible) |
|
|
16-18 Months |
3 doses or 1 dose within last 8 weeks |
2 doses or
1 dose within last
8 weeks
(3 doses possible) |
3-4 doses with last dose on/after
1st birthday
OR
2 doses if first dose is administe
red at age
12 - 14
months |
2 doses
OR
1 dose within the last 8 weeks
(3 doses possible) |
1 dose |
1 dose
A medical professional history of disease may be
accepted in lieu of receiving vaccine.. |
3-4 doses with last dose must be on/after1st
birthday
OR
2 doses on/after 1st
birthday |
|
|
|
|
|
and doses are at least 8 weeks apart
OR
1 dose on/after
15 months of age if no prior doses |
|
|
|
|
|
|
19-48 months |
4 doses
OR
3rd dose within last 6
months
OR
1 dose within last 8 weeks |
3 doses
OR
1 dose within last
8 weeks |
3-4 doses with last dose on/after
1st birthday
OR
2 doses if first dose is administe
red at age
12 - 14 months and doses are at least 8 weeks
apart
OR
1 dose on/after
15 months of age if no prior doses |
3 doses ***
OR
1 dose within last 8 weeks |
1 dose |
1 dose
A medical professional
history of disease may be accepted in lieu of
receiving
vaccine. |
3-4 doses with last dose must be on/after1st
birthday
OR
1 dose on/after 24
months of age if no prior doses
OR
2 doses on/after 1st
birthday |
For 19-24 months:
1 dose on or after first birthday (2 doses
possible)
For 25-48 months:
2 doses with one dose on or after
1st birthday and at least 6 months from first
dose |
|
*49 months |
5 doses *
OR
4th dose within last
6
months
OR
1 dose within last 8 weeks
OR
4 doses with last dose on/after
4th birthday |
4 doses with a minimum interval of
6 months between the 3rd
and
4th dose
OR
1 dose within last
8 weeks |
3-4 doses with last dose on/after
1st birthday
OR
2 doses if first dose is administe
red at age
12 - 14 months and doses are at least 8 weeks
apart
OR |
3 doses ***
OR
1 dose within the last 8
weeks |
1 dose |
1 dose
A medical professional
history of disease may be accepted in lieu of
receiving
vaccine. |
3-4 doses with last dose on/after
1st birthday
OR
1 dose on/after 24
months of age if no prior doses
OR
2 doses on/after 1st
birthday
Not required on/after 5th
birthday |
2 doses with one dose on or after 1st birthday and at
least 6 months from first dose |
|
|
|
|
1 dose on/after
15 months of age if no prior doses
Not required on/after
5th birthday |
|
|
|
|
|
*5th DTaP/DTP/DT (Pre-school dose) must be given on/after the
child's 4th birthday. Interval between 4th DTaP/DTP/DT and 5th DTaP/DTP/DT
should be at least 6 months. If a child is currently *49 months of age and does
not meet the above criteria or is in process within 15 days, they are not
up-to-date and should be scheduled for immunization.
** For Hib and Pneumococcal, children receiving the first dose
of vaccine at age 7 months or older require fewer doses to complete the
series.
*** 3rd dose of hepatitis B should
be given at least 8 weeks after the 2nd dose, at
least 16 weeks after the 1st dose, and it should not
be administered before the child is 24 weeks of age.
**** Vaccine doses administered up to 4 days before the minimum
interval or minimum age can be counted as valid for doses already administered.
Exception: The minimum interval between doses of live vaccines (such as MMR and
Varicella) must be 28 days.
*****A medical professional is a medical doctor (MD), advanced
practice nurse (APN), doctor of osteopathy (DO), or physician assistant (P A).
No self or parental history of disease will be accepted.
TABLE II: KINDERGARTEN THROUGH GRADE TWELVE IMMUNIZATION
REQUIREMENTS*
|
Vaccine ►
-------
Grade ▼ |
Diphtheria,
Tetanus,
Pertussis
(DTP/DT/Td/DT
aP/Tdap) |
Polio
(OPV - Oral or
IPV -
Inactivated) |
MMR***
** (Measles, Mumps,
and Rubella) |
Hep B |
Meningococc
al
(MCV4) |
Varicella |
Hepatitis A |
|
Kindergarten |
4 doses
(with 1 dose on or after
4th
birthday) |
3 doses (with 1 dose on or after 4th
birthday and a minimum interval of 6
months between the 2nd and
3rd
dose)
OR
4 doses with 1
dose on or after
4th birthday and a minimum
interval of 6
months between the 3rd and
4th
dose |
2 doses (with dose 1 on or after 1st
birthday and dose 2 at least 28 days after dose 1) |
3 doses |
None |
2 doses (with dose 1 on or after 1st
birthday and dose 2 at least 28 days after dose 1)
******A
medical professional
history of disease may be accepted in lieu of
receiving
vaccine. |
1 dose on or after 1st
birthday |
|
Grades 1 - 12 |
4 doses
(with 1 dose on or after
4th
birthday)
AND
1 dose of Tdap for ages 11 years
(as of September
1st each year) and
older
OR
3 doses*******
for persons 7
years of age or older who are not fully
vaccinated
(including persons who cannot document prior
vaccination) |
3 doses doses
(with 1 dose on or after
4th
birthday with a minimum interval of 6
months between the 2nd and
3rd
dose)
OR
4 doses with 1
dose on or after
4th birthday and a minimum
interval of 6
months between the 3rd and
4th
dose |
2 doses
(with dose
1 on or after 1st
birthday and dose 2
at least 28
days after dose 1) |
2** or 3*** doses (11-15 year olds could be on a 2-dose
schedule) |
Second dose at age 16 years
(as of
September 1st
each year)
with a minimum interval of 8
weeks since 1st
dose
OR
1 dose if not vaccinated
prior to age 16
years
(If first dose is administered at age 16 years or
older, no second dose required.) |
2 doses (with dose 1 on or after 1st
birthday and dose 2 at least 28 days after dose 1)
OR
******A
medical professional
history of disease may be accepted in lieu of
receiving
vaccine. |
Grade 1 only:
1 dose on or after 1st
birthday |
|
Grade 7 |
4 doses
(with 1 dose on or after
4th
birthday)
AND
1 dose of Tdap ****
OR
3 doses*******
for persons 7
years of age or older who are not fully
immunized
(including persons who cannot document prior
vaccination) |
3 doses (with 1 dose on or after
4th
birthday with a minimum interval of 6
months between the 2nd and
3rd
dose)
OR
4 doses with 1
dose on or after
4th birthday and a minimum
interval of 6
months between the 3rd and
4th
dose |
2 doses
(with dose
1 on or after 1st
birthday and dose 2
at least 28
days after dose 1) |
2** or 3*** doses (11-15 year olds could be on a 2-dose
schedule) |
1 dose |
2 doses (with dose 1 on or after 1st
birthday and dose 2 at least 28 days after dose 1)
OR
******A
medical professional
history of disease may be accepted in lieu of
receiving
vaccine. |
None |
*Doses of vaccine required for school entry may be less than
the number of doses required for age-appropriate immunization.
**An alternative two-dose hepatitis B schedule for 11-15
year-old children may be substituted for the three-dose schedule. Only a
FDA-approved alternative regimen vaccine for the two-dose series may be used to
meet this requirement. If you are unsure if a particular child's two-dose
schedule is acceptable, please contact the Immunization Section for assistance
at 501-661-2169.
*** 3rd dose of hepatitis B should
be given at least 8 weeks after the 2nd dose, at
least 16 weeks after the 1st dose, and it should not
be administered before the child is 24 weeks (168 days) of age. (All
3rd doses of hepatitis B vaccine given earlier than
6 months of age before 6/21/96 are valid doses and should be counted as valid
until 6/21/2014.)
**** Tdap vaccine can be administered regardless of the
interval since the last tetanus and diphtheria toxoid-containing
vaccine.
***** Exception: If a student has
previously received two doses of measles, one dose of mumps and one dose of
rubella before January 1, 2010, the doses will be accepted as compliant to
immunization requirements and 2 MMRs are not required.
******A medical professional is a medical doctor (MD), advanced
practice nurse (APN), doctor of osteopathy (DO), or physician assistant (PA).
No self or parental history of disease will be accepted.
******* For unvaccinated persons 7 years of age and older
(including persons who cannot document prior vaccination), the primary series
is 3 doses. The first two doses should be separated by at least 4 weeks, and
the third dose at least 6 months after the second. One of these doses
(preferably the first) should be administered as Tdap and the remaining two
doses administered as Td.
