Current through Register Vol. 49, No. 9, September, 2024
100
CHILD CARE LICENSING
101
Related Laws and
Requirements1. The "Child Care
Facility Licensing Act" Ark. Code Ann.
20-78-201 -220, as amended, is the
statutory authority for licensing child care facilities. This act created the
Division of Child Care and Early Childhood Education and authorized the
Division to establish rules and regulations governing the granting, revocation,
denial and suspension of licenses for child care facilities and the operation
of child care facilities in this state. The Minimum Licensing
Requirements for Child Care Centers are the Division's rules and
regulations for Child Care Centers.
2. The Child Care Facility Licensing Act
designates the Arkansas Department of Human Services, Division of Child Care
and Early Childhood Education as the administrative agency responsible for
administering the Act in accordance with the
MinimumLicensing Requirements for Child
Care Centers. The Division is authorized to inspect and
investigate any proposed or operating Child Care Centers and any personnel
connected with the Center to determine if the facility will be or is being
operated in accordance with the Child Care Facility Licensing Act and the
Minimum Licensing Requirements for Child Care
Centers.
3. The
licensing requirements contained in this manual apply to group child care.
(Refer to the Minimum Licensing Requirements for Child Care Family
Homes for the requirements that apply to child care provided in a
Child Care Family Home.)
4. The
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. The owner should 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) feet 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.
5. The Licensee
shall maintain Child Care Liability Insurance (Act 778 of 2009), and comply
with the following requirements, with the following exception: State
institutions, political subdivisions or other entities entitled to immunity
from liability under
21-9-301, are not required to have
general liability insurance coverage in order to be licensed. (Act 23 of 2015)
a. Prior to the approval of an application,
the applicant shall provide verification of the required coverage to the
Licensing Specialist and provide subsequent verification when requested.
(Facilities licensed prior to the effective date of this revision shall have
ninety (90) days to comply with this requirement.)
b. The Licensee shall maintain the minimum
amount of coverage as follows:
|
Licensed Capacity of Center |
Minimum Child Care Liability Insurance Coverage
Required |
|
1-74 |
$500,000 per occurrence |
|
75 and up |
$1,000,000 per occurrence |
6. Laws relevant to the operation of child
care facilities are available upon request.
7. The following standards are the minimum
licensing requirements which shall be met by persons or organizations which
operate a child care facility. In recommending a license be issued, the
Division of Child Care and Early Childhood Education works in coordination with
the 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 child care facility shall immediately
contact these individual departments for inspection and information on their
separate regulations.
A prospective Licensee should request clarification regarding
the codes or covenants enforced by these departments as some may prevent the
operation of a child care facility at a particular location, may limit the
number of children in care or may impose additional safety requirements.
8. The Licensing Unit shall share
information on the location and status of new applicants applying for a license
and on facilities holding a license when a city or county requests the
information.
102
General Requirements1. Child Care
Centers shall maintain compliance with the licensing requirements at all times.
To be in substantial compliance, the Child Care Center shall meet all essential
standards necessary to protect the health, safety and welfare of the children
attending the Child Care Center. Essential standards include but are not
limited to those relating to issues involving fire, health, safety, nutrition,
discipline, staff/child ratio and space. Failure to comply with any of the
licensing requirements for Child Care Centers may result in any of the
following adverse actions:
a. Denial of an
application for a license or for church exempt status
b. Revocation or suspension of a license or
church exempt status
c. Issuance of
a provisional license or provisional church exempt status
2. The following factors may be considered
when determining the appropriate adverse action:
a. Severity of the deficiency cited
b. Number of violations
cited
c. Frequency of violations
cited
d. Past history of
compliance
e. Willingness/ability to
correct violations
3.
Each Child Care Center shall be reviewed by the Child Care Licensing Unit to
determine whether the facility is in compliance with all the Minimum Licensing
Requirements for Child Care Centers. Child Care Licensing staff shall have
access to Child Care Centers for the purpose of conducting inspections, reviews
and complaint 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.)
4. Denial of access to the facility or to
interview children may result in any of the adverse actions described
above.
5. Any facility that has not
provided care to children for a period of one year shall be 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.
6. 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 Policy 1088, shall
constitute grounds for revocation of the license. (Falsification means the
submission of untrue information, whether by statement or omission.)
103
Licensing
Procedures1.
Application- An application shall be obtained from the
Child Care Licensing Unit. The completed application packet shall be submitted
to the Child Care Licensing Unit for review and approval. A completed
application packet shall consist of:
a. A
signed application form with a designated person who assumes legal
responsibility for operation of the child care facility
b. Name of proposed director and their
qualifications
c. Names, addresses
and telephone numbers of the Board of Directors, if applicable
d. Clear written guidelines of responsibility
for the Board of Directors, if applicable
e. Building/facility diagram
f. Description of the services that will be
provided to the children
g.
Verification that criminal record checks and child maltreatment central
registry checks have been initiated on all owners, operators and staff members
of the Child Care Center
h. Boiler
inspection, or verification that inspection has been scheduled
i. Fire Department approval
j. Health Department approval
k. Zoning Approval
l. 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)
m. A reasonable plan with a proposed budget
for the financial support of the center covering costs of staffing, building
(including rent or mortgage and repairs), utilities, equipment, safety and
nutrition. (This is a one-time only requirement that applies to new applicants
for a license.)
2.
Time for processing: The Licensing Specialist has
sixty (60) days to submit a recommendation to the Division.
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 to the applicant prior to
application or within thirty (30) days of the receipt of the
application.
4.
License - The Child Care Licensing Unit shall conduct
a licensing study of each Child Care Center to determine eligibility for a
license. The facility shall be approved by the Child Care Licensing Unit before
a license may be issued by the Division. A license for a Child Care Center
shall specify:
a. The name and address of the
Child Care Center
b. The
owner/operator of the Child Care Center
c. The number of children authorized for care
at the Child Care Center
d. The
expiration of any provisional licenses
e. The type of care the Child Care Center
will be providing
5.
License - Non-transferable - A license for a Child
Care Facility or approval for a church-operated exempt status shall apply only
to the address and location stated on the license or approval issued. It shall
not be transferable from one holder of the license or approval to another or
from one place to another. If the location of a Child Care Facility is changed,
or the operator of the Child Care Facility is changed, then the license or
approval for that Child Care Facility shall be automatically closed on such a
change. The Child Care Facility shall notify the Licensing Unit of a change of
location or ownership.
6.
Compliance - On-site inspections of Child Care Centers
are conducted by the Child Care Licensing Unit on a routine basis to determine
a facility's continued compliance with the standards. The caregiver shall
cooperate with licensing staff during licensing visits and investigations.
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 of the violation and how the Child Care Center 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 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 requirements
c. Offer consultation and technical
assistance
9. The Child
Care Licensing Specialist may increase unscheduled monitor visits where
numerous or severe violations of standards are cited.
10. If a violation is of imminent threat to
the health, safety and welfare of the children attending the Child Care Center,
corrective action or compliance shall be obtained within 24 hours in order to
insure the health, safety and welfare of the children in care. If a Child Care
Center violates an administrative standard or standard that does not directly
threaten the immediate health, safety or welfare of the children in care, these
violations shall be corrected within a reasonable time as mutually agreed upon
by the Child Care Licensing Unit and the Child Care Center.
Once a violation has been corrected, the correction will be
documented on the Licensing Compliance Record and a copy provided to the Child
Care Center.
11.
New Provisional License - The Child Care Licensing
Specialist shall recommend a New Provisional License when the facility is newly
opened or a facility has been acquired by new owners whose compliance history
has not been determined. A New Provisional License shall not exceed twelve (12)
months in length.
At the end of the Provisional License, the Division may in its
discretion:
a. Issue a Regular License
b. Revoke the license
c. Suspend the license
d. Issue a successive Provisional
License
12.
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.
13.
Provisional License - The Licensing Unit may issue a
Probationary Provisional License when the center 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 facility
and 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 the license
c. Revoke the license
14.
Suspension of
License -The Division may suspend a license when the Licensing
Unit determines that the facility has serious areas of non-compliance, but the
facility would be able to resume normal operation when the harmful conditions
are eliminated.
If granted, the suspension order remains in effect until the
order expires or until the Division determines that the problems necessitating
the suspension order have been resolved. The suspension of a license may not
exceed twelve (12) months. If the Division finds that the terms of the
suspension order have been met prior to the expiration of the suspension
period, the Division retains discretion to reinstate the license. If the terms
of the order have not been met, the Division may revoke the license.
15.
Revocation of
License -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.
16. 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 (1) year, or longer if specified in the
revocation order. Related parties shall not be eligible to apply for a license
for the same specified period. (Related parties are defined as immediate family
members, members of 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 are 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
Facility Review Panel.) Facilities 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 facility provides care to
a licensable number of children.
104
License Fee
1. Each facility shall submit an annual
license fee as long as the facility is in compliance with the Minimum Licensing
Requirements for Child Care Centers. A facility license fee is determined by
combining the maximum license capacity of all licenses located within the same
premises.
a. Facilities serving up to 17
children- $15 per year
b.
Facilities serving 17 to 99 children- $50 per year
c. Facilities serving 100 or more children-
$100 per year
2. Upon
review and determination of a licensing recommendation by the Child Care
Licensing Specialist, the Specialist shall issue a Notice of License Fee Due to
the facility.
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. The fee schedule shall apply to all child
care facility recommendations for licensure as follows:
a. New Provisional License - (Provisional
License for new operation to be issued for a period of twelve (12) months) A
one-year license fee shall be paid prior to the issuance of a provisional
license.
b. New Regular License or
conversion from provisional to regular status - A license fee shall be paid
prior to the issuance of a new license.
c. Conversion to Provisional Status - No
license fee is due for licenses converted to provisional status during the term
of a regular license.
6.
A second notice of license fee due will be sent to facilities 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 receipt of the past due notice will
result in action to suspend the license until such time as the fee is
paid.
7. 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 for voluntary closure of a
facility or for Division action to revoke or suspend a license.
8. All license fees paid to the Division
shall be deposited in a special Child Care Provider's Fund. This fund shall be
used to meet the cost of conducting statewide criminal record checks, with the
remaining money used for training or materials to be loaned to child care
providers.
105
Appeal of Licensing Actions1. A
Licensee or applicant for license may request an appeal of any of the following
licensing actions:
a. Adverse licensing
actions (revocation or suspension of a license, conversion to a provisional
license or denial of an application for a 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. (This appeal process also
applies to Church Operated Exempt facilities.) (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 Centers 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 requirements for which the center is making the request.
2. The Division shall consider all requests
for alternative compliance with the licensing requirements except those
requirements that are enforced by the Department of Health, Local Fire Marshal
or State Fire Marshal's office and applicable city ordinances including
zoning.
3. To request alternative
compliance, the following procedure shall be initiated by the person
responsible for the operation of the facility.
4. The applicant/Licensee shall submit the
request for alternative compliance in writing.
5. The request shall include:
a. The specific standards for which
alternative compliance is sought.
b. An explanation of how the alternative form
of compliance is equal to or exceeds the stated requirements.
c. 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 continue to provide for the health, safety and
welfare of children as intended by the requirements.
d. The applicant/Licensee shall provide clear
and supportive evidence and upon request of the Division, and expert's opinion
on the effect of the request on health, safety and welfare of the
children.
6. 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 specified.
7. The granting of alternative compliance for
a requirement shall in no way constitute a precedent. If an alternate means of
complying with the requirement is granted by the Division and the facility
fails to satisfactorily implement this alternate means, the original
requirement for which alternative compliance was sought shall become
immediately enforceable.
8. The
Division shall have the right to obtain an expert opinion to corroborate expert
opinions provided by the applicant/Licensee.
9. The Division shall have the right to deny
requests for alternative compliance when it finds that such requests do not
adequately protect the health, safety and welfare of children and do not meet
the intent of the requirements.
10.
All requests for alternative compliance shall be answered in writing by the
Division.
107
Church-Operated Exemptions
Please note that all regulations included in this manual
also apply to Church Operated Exempt (COE) facilities.
1. Act 245 of 1983 defines those facilities
that may apply for an exemption from obtaining of license to operate a child
care facility and the process through which such exemption may be granted. The
facility must be operated by a church or group of churches and be exempt from
the State Income Tax levied by Act 118 of 1929, as amended. The person or
persons in charge of such a facility shall submit a written request to the
Division for such exemption along with the following:
a. Verification of Tax ID ownership by the
church
b. Verification that the
facility is operated by a church or group of churches
c. Verification that the facility has been
inspected annually and meets the applicable fire safety and health
standards
d. Certification from the
facility that it is in substantial compliance with published standards that
similar nonexempt child care facilities are required to meet
2. The Division shall review each
request for a church-operated exemption and reply in writing within 60 days
from receipt of such request.
3. The
facility shall be visited by Division staff to verify the facility's
substantial compliance with the published standards prior to consideration and
review by the Division.
4. The
Division shall consider each request for exemption and shall review the
Division staff's written report in determining a facility's substantial
compliance with published standards.
5. If a facility claims and states the belief
that a particular standard is of a religious nature, the Division shall
consider and make a determination on the statements that shall then be a final
action subject to review under the Administrative Procedures Act.
6. Written notification of an exemption shall
be made to the facility stating the maximum number of children allowable, the
dates of exemption and any other conditions by which an exemption is
granted.
7. Division staff shall
have the authority to visit any church-operated exempt facility to review,
advise and verify the maintenance of substantial compliance at the direction of
the Division.
108
Licensing Investigations
1. Child Care
Licensing staff shall investigate all complaints involving the possible
violation of licensing requirements.
109
Child Maltreatment Checks
1. The following persons shall be required to
have their background reviewed through an Arkansas Child Maltreatment Central
Registry Check. A check or money order for $10.00 made out to the Department of
Human Services (DHS) must be attached to each form.
|
a. Each applicant to own or operate a child care
facility |
At application and every two years
thereafter |
|
b. Staff members and applicants for employment in a
child care facility |
At application or within 10 days of hire/start date and
every two years thereafter |
|
c. All volunteers who have routine contact with
children |
At application and every two years
thereafter |
|
d. Administrative staff and/or members of the Board of
Directors who have supervisory and/or disciplinary control over children or who
have routine contact with children |
At application and every two years
thereafter |
|
e. Student Observers |
At beginning of observation or within 10 days of first
observation and every two years thereafter if applicable |
|
f. Therapists or other persons who 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 two years
thereafter |
2. If
a complaint of child maltreatment is filed against any owner/operator, staff or
other person in a child care center, the Child Care Licensing Specialist shall
evaluate the risk to children and determine the suitability of the person(s) to
supervise, be left alone with children, have disciplinary control over children
or remain in the center during hours of care until the allegations have been
determined true or unsubstantiated. (Pending the evaluation of risk to children
by the Child Care Licensing Unit, the person(s) alleged shall not be left alone
with children.)
3. If corrective
action is appropriate, the facility shall require all staff members who have
had a founded report of child maltreatment to follow the corrective action plan
specified 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 may constitute grounds for adverse action against the
Licensee.
4. The statewide Child
Maltreatment "Hot Line" and the Child Care Licensing Central Office number
shall be posted in a conspicuous place in the child care facility. The "Hot
Line" number is 1-800-482 -5964 and the Licensing Central Office number is
(501) 682-8590 or toll free 1-800-445 -3316.
110
Criminal Records Check
1. The following persons shall apply to the
Identification Bureau of the Arkansas State Police for a nationwide criminal
record check, to be conducted by the FBI, which shall include a fingerprint
check: (The individual is responsible for the cost of a nationwide check. Each
request must be accompanied by a check or money order made out to the Arkansas
State Police.)
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 child |
Initial application only |
|
care facility |
|
|
b. Staff who have not been a resident of the State of
Arkansas for the five (5) preceding years Direct care staff or staff with
routine contact with children |
Within 10 days of hire/start date |
|
c. Administrative persons who have direct contact with
children |
If the person has not been a resident of Arkansas for 5
years Within 10 days of hire/start date |
|
d. Therapists, volunteers or other persons who have
supervisory control, disciplinary control over children or are left alone 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 center activities Within 10 days of start date |
2. The
following persons shall be required to have their background reviewed through a
criminal records check (which includes the Arkansas Sexual Offender Registry)
conducted by the Arkansas State Police.
a.
Each applicant to own or operate a child At application and every 5 years
thereafter care facility
b. Staff
and applicants for employment in a Within 10 days of hire/start date and every
child care facility 5 years thereafter
c.
Administrative persons who have direct Within 10 days of hire and
every 5 years contact with children thereafter
d. Therapists or other persons who have
Within 10 days of the time they begin to supervisory or disciplinary control
over provide services or begin to participate in children, or are left alone
with children 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 or employee 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 |
1 §
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 or
employee 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 Section110 |
§
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 |
§
5-64-101 - §
5-64-508
|
|
Act |
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. Any
person who has pled guilty, nolo contendere or who has been found guilty of any
one of the offenses listed above (Section 110.5), 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
more than 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.
7. 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
8. 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.
9. 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.
10. If approved, the waiver is not
transferable to another licensed facility.
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 110.6) since
9/1/2009.
200
ORGANIZATION AND ADMINISTRATION
201
Administrative Procedures
1. The Owner and/or Board of Directors shall
be responsible for operating the facility and shall have final responsibility
to ensure that the facility meets licensing requirements. Names, addresses, and
telephone numbers of Board members shall be provided to the Licensing
Specialist.
2. The facility shall
provide a written procedure for reporting suspected child maltreatment. This
procedure shall be followed and a call made to the Hot Line whenever there is
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. The Licensee should 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.
3. 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 that could
imminently affect the health and safety of children.
4. 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.
5. The facility shall
provide a copy of the 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 and four 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.
300
PERSONNEL
301
Staff/Child Ratio
1. A Licensee shall not have more children in
care at any one time that the maximum specified on the license.
2. The following staff child ratios shall be
maintained:
|
Ages of Children |
Number of Staff |
Number of Children |
|
a. Birth - 18 months |
1 |
5 |
|
b. 18 months - 36 months |
1 |
8 |
|
c. 2 1/2 - 3 years |
1 |
12 |
|
d. 4 years |
1 |
15 |
|
e. 5 years to Kindergarten |
1 |
18 |
Providers licensed prior to the effective date of this
rule will have four years from the implementation of this rule to comply with
the revised ratios.
3. Children ages 30 to 36 months may be
placed in the group most suited to their social, emotional and developmental
maturity.
4. Infants and toddlers
shall not be mixed with preschool children, except as listed in the following
requirement.
5. When a total of
eight (8) or fewer children are in care at a licensed site, age groups may be
mixed according to the following ratios:
|
Number of Staff |
Number of Children |
Ages of Children |
|
a. 1 |
6 |
No more than 3 under the age of 2 years |
|
b. 1 |
7 |
No more than 2 under the age of 2 years |
|
c. 1 |
8 |
No more than 1 under the age of 2 years |
6. In a
group containing children of different ages, the staff/child ratio shall meet
the requirements for the youngest child in the group.
7. During lunch or outdoor play activities,
if children of different age groups are together, the staff child ratio for the
respective age groups shall be maintained.
8. At no time shall children be left
unsupervised or unattended. The child care center shall provide additional
staff for any temporary absence of primary child caring staff for activities
such as breaks, meal preparation, transportation, etc.
9. The use of cell phones by staff while
supervising children shall be prohibited except in emergency
situations.
10. DDS (Developmental
Disabilities Services) staff/child ratios shall be maintained during DDS
program hours in all facilities that are licensed or certified by both Child
Care Licensing and DDS.
11.
Additional staff provisions shall be made for enrollment of children with
disabilities who require individual attention.
12. During naptime for children 2 1/2 years
of age and above, a minimum of 50% of the staff shall remain with the children,
with a total of 75% of the staff remaining in the building.
13. Group size shall be limited to 2 times
the number of children allowed with one staff member. This does not apply to
periodic or special group activities. (Existing structures licensed prior to
November 1, 2002 are exempt from this requirement. However, any expansions,
additions or any newly licensed structures effective November 1, 2002 shall be
in compliance.)
14. For ages 2
1/2 and above, ratios may be exceeded momentarily as long as children are
never left unattended and at least one staff member remains in the classroom
with the children. (This would apply to situations such as brief absences for
bathroom breaks or to take a sick or injured child to the Director's office.)
302
Director
1. There shall be a director
or assistant director/site supervisor who shall be responsible for:
a. Administering, planning, managing and
controlling the daily activities of the center
b. Ensuring that the facility meets licensing
requirements
c. Ensuring the health
and safety of children
d. Providing
prudent supervision of all staff and volunteers
2. Directors shall be twenty-one (21) years
of age or older, and provide documentation of one of the following educational
levels: (Directors previously approved prior to the implementation of these
requirements may continue in their position and do not have to meet these
educational levels)
a. Bachelor's Degree or
higher Degree in Early Childhood, Child Development or a related field from a
regionally accredited college or university. (Determination of "related field"
shall be made by the Division)
b.
Bachelor's Degree in a non-related field from a regionally accredited college
or university plus one of the following:
* Four years of experience in early childhood education
* Child Development Associate Credential (CDA)
* Birth - Pre K Credential
c. Associate's degree in Early Childhood,
Child Development or a related field, plus six (6) years of experience in Early
Childhood Education
d. Eight years
of experience in Early Childhood Education and completion of one of the
following, within two years of employment: a
* Child Development Associate Credential
* Birth - Pre K Credential
* Director's Credential or the equivalent
* Technical Certificate in Early Childhood Education
Individuals who have been employed in the position of Director
or Site Supervisor at any time prior to implementation of this rule will not be
required to meet the new director's qualifications. These individuals may
change employers after this date and still qualify as a
director.
3. A
Director, or Assistant Director/Site Supervisor who meets director
qualifications, must be present at each licensed site a minimum of 50% of the
center's primary operational day, on a routine basis.
4. When the Director and Assistant
Director/Site Supervisor are both away from the center, there shall be a person
in charge who shall have the ability and authority to carry out daily
operations. The person in charge shall be twenty-one (21) years of age or
older.
5. All new Directors and
Assistant Directors/Site Supervisors shall attend New Directors Orientation,
PAS (Program Administration Scale) and ERS (Environment Rating Scale) training
(or other approved tools that are considered equivalent in the states QRIS)
within six months of employment. This is an orientation class sponsored by the
Division. Proof of attendance shall be maintained in the Director's
file.
6. Directors and Assistant
Directors/Site Supervisors shall obtain fifteen (15) clock hours in early
childhood education each year. Training shall be registered with the Division
of Child Care and Early Childhood Education Professional Development Registry,
or Department of Education or Department of Higher Education approved.
Documentation of training shall be maintained and available for
review.
7. Topics appropriate for
continuing early childhood education shall include, but are not limited to the
following:
a. Child growth and development
b. Nutrition and food
service
c. Parent communication and
involvement
d. Curriculum
development and implementation
e.
Developmentally appropriate practice and learning environments
f. Behavior guidance and positive
interaction
g. Emergency care and
first aid
h. Program planning,
management and leadership of early childhood programs
See Division web-site for a list of courses for which the
Division maintains contracts to meet the above requirements.
8. The Licensee shall notify the
Licensing Unit of any change in the person named as Director or Assistant
Director/Site Supervisor within five (5) calendar days.
303
Staff Requirements
1. A person shall be considered a staff
member if they have disciplinary or supervisory control over children, is left
alone with children at any time or is counted in staff/child ratio, regardless
of whether or not they are paid by the facility.
2. Staff members in a child care center shall
be 18 years of age or older. Exceptions may be allowed for individuals sixteen
(16) or seventeen (17) years of age to work in a center if they meet all of the
following criteria:
a. The individual shall
not have disciplinary control over children.
b. The individual shall not be left alone
with children at any time.
c. The
individual shall be under the direct supervision of an adult staff member at
all times.
d. The individual shall
meet all other staff requirements.
e. The individual shall be enrolled in a high
school or GED curriculum.
3. All staff members who work directly with
children shall have a high school diploma or GED.
4. All staff members who work directly with
children shall obtain at least fifteen (15) hours of training each year in
continuing Early Childhood Education. This training shall be registered with
the Division of Child Care and Early Childhood Education Professional
Development Registry or Department of Education or Department of Higher
Education approved and shall be geared toward the age group they spend the
majority of their time with.
5. All
staff members caring for children shall be able to perform necessary job
functions.
6. Staff shall not
engage in behavior that could be viewed as sexual, dangerous, exploitative or
physically harmful to children. A caregiver shall not use profanity or speak in
an abusive manner when children are present.
7. 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 otherwise
be 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 their ability to
provide care.
304
Volunteer Requirements1. Volunteers
are those individuals who have routine contact with children and assist staff
in the facility. 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 the requirements for personnel
(Section 300) and staff requirements (Section 303).
2. All volunteers in a child care center
shall be 18 years of age or older unless the volunteer is under the direct
supervision of the director or assistant director/site supervisor 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 facility 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.)
305
Student Observers
1. Students visiting the center on a regular
or periodic basis to observe classroom activities, or for 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 a
staff member or volunteer must meet the criteria in the appropriate section.
(Sections 303 and 304)
306
Professional Development
1. All directors, site supervisors and staff
who provide direct care to children shall be registered with the Division of
Child Care and Early Childhood Education Professional Development Registry
within 30 days of hire and all training shall be registered with the Division
of Child Care and Early Childhood Education Professional Development Registry
or Department of Education or Department of Higher Education
approved.
2. All new staff shall
have a probationary period of at least 30 days, but not more than six months,
during which they are closely supervised, mentored and evaluated. Evaluations
shall be documented and maintained in the employee file.
3. All new staff members who provide direct
care to children shall receive a basic orientation on facility management
policies, minimum licensing requirements, center schedules and emergency
procedures prior to providing care. This shall be documented in the employee
file.
4. All new staff, including
volunteers who are counted in the ratios, shall receive the following
orientation (unless the staff has prior documented training in the required
areas).
1. Introduction (8 clock hours) to be
completed before being left alone with children:
a. Proper supervision of children
b. Behavioral guidance practices
c. Safe sleep practices for infants
d. Shaken baby syndrome; which
includes prevention (Carter's Law, Act 1208)
e. Appropriately responding to a crying/fussy
infant/child
f. Emergency
procedures in the event of severe weather, or fire, including evacuation
procedures and routes, and location and use of fire extinguishers.
g. Mandated reporter training
h. Administering medication
i. Caring for children with special needs /
care plans
j. Transportation and car
seat safety
k. Policies regarding
release of children to authorized individuals
See Division web-site for a list of courses, that The Division
maintains contracts for, which meet the above requirements.
2. All staff shall have 15 hours
of job specific training each year for the ages of children they work with.
This shall be training focused on their job responsibilities, such as "Hands on
Routine Care" for infants, or "Basics of Assessment" for preschool staff.
See Division web-site for a list of courses, that the Division
maintains contracts for, which meet the above requirements.
The Director, Assistant Director/Site Supervisor, and 50% of
the facility staff that are on site at any given time shall have a certificate
of successful completion of first aid and CPR from an approved
organization.
5.
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.)
400
PROGRAM
401
Program Requirements for all
ages1. Each child care center shall be
equipped with supplies, resources and indoor and outdoor equipment to take care
of the needs of the total group and to provide each child with a variety of
activities throughout the day.
2.
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/Gross Motor
activities (such as climbing and running)
b. Manipulative/Fine Motor activities (such
as things done with the hands: puzzles, drawing, modeling clay)
3. There shall be a written daily
schedule posted in each classroom, listing developmentally appropriate
activities for children. The program shall offer alternating periods of active
play and quiet times throughout the day.
4. 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. See Division web-site.
5. 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
Childhood Frameworks Handbook. Learning Standards.
a. The facility shall have an approved
curriculum with weekly activity plans appropriate for the developmental needs
of each group of children. See Division web-site for a list of approved
curricula.
b. Each child is viewed
by staff as a unique person with an individual pattern of growth and
development.
c. The center has a
variety of learning areas, for example: areas for dramatic play, blocks, books,
art, language, literacy, math and science.
d. Children are provided opportunities to
work individually or in small, informal groups most of the day and permitted to
choose staff-directed or self-selected activities or not to
participate.
6. Facility
staff shall avoid activities or experiences that may be damaging to children's
self-esteem and positive self-image.
7. There shall be meaningful, positive
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, conversation, 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.
8. There shall
be an opportunity for a supervised rest period.
a. The supervised rest period shall be at
least one (1) hour, but shall not exceed two (2) 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.
9. There shall be sufficient lighting during
nap time to provide adequate supervision of the children.
10. Parents shall not be denied access to
their child at any time during hours of operation.
(Clarification: The intent of this rule is to ensure that
the parent(s) or guardian(s) is able to have contact with their child during
hours of care. It is not intended to be a determining factor in child
custody/visitation matters, nor should it be used to circumvent court ordered
custody/visitation rights or schedules. Facilities should encourage parents to
resolve custody/visitation issues outside of the care environment. Parents
should be informed that continuing problems could result in the dismissal of
their child.)
11.
Each center is required to provide at least four Division approved
opportunities for parental involvement. Examples of approved activities are
listed below. (See Arkansas Better Beginnings website for resources.
www.arbetterbeginnings.com)* Parents are allowed to observe, eat lunch with a child or
volunteer in the classroom.
* Conferences are held at least once a year and at other times,
as needed, to discuss children's development and learning.
* A parent resource area is available with books, pamphlets or
articles on parenting and child development.
* Parent meetings are held with guest speakers or special
events, for example, open house or a family activity night.
* Parents are informed of the center's programs and activities
through a parents' bulletin board, regular newsletter, email or web
page.
* Parents participate in program and policy development through
board involvement, planning meetings or questionnaires/surveys.
12. The facility shall distribute
materials developed or approved by the Department of Health on prevention of
Shaken Baby Syndrome to all parents of infants, upon enrollment. Written
documentation of receipt of this information by each parent, with a signature,
shall be placed in the child's file. (Carter's Law, Act 1208 of 2013)
13. Staff shall not release a child to anyone
who 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.
14. Verification of permission for persons
not on the authorized list shall be obtained by the person in charge by calling
the parent at a number listed in the child's record. The person in charge shall
view an official picture ID of the individual to verify identity.
15. 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 Fahrenheit or above, outdoor
play should 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, children should have 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, the time scheduled for outdoor
play should be reduced or suspended depending on the temperature and other
weather conditions.
16.
The use of television, DVDs, video cassettes, computer/video games and other
screen time activities shall meet the following requirements:
a. Shall be prohibited for children younger
than two years of age (The use of DVDs or other video programs for any
activities with this age group would have to be approved through an alternative
compliance request.)
b. Shall be
limited to programs of educational value which are age-appropriate
c. Shall be scheduled and 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.)
d. Educational computer
learning periods for children below 5 years of age may not exceed two (2) hours
a day per child or group of children. Educational computer learning periods for
children 5 years of age and older may exceed two hours per day.
17. Photos or video recordings
shall not be made of any child without prior written permission from the
child's parent or guardian.
18.
Photos or video recordings of children shall not be placed on social media or
any other websites without prior written parental permission.
402
Infant & Toddler
Specific Program Requirements1. The
facility shall provide a safe and clean learning environment, both indoors and
outdoors, with age appropriate materials and equipment arranged to support
learning.
2. 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.
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 facility shall implement
relationship-based practices that promote consistency. 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, modeling
play behavior such as imagination and use of toys and equipment, and providing
verbal encouragement and support.
(See Division web site for brain development diagram.)
5. It is recommended
that the facility promote continuity of care for infants and toddlers by
maintaining consistency in staffing.
6. Staff shall plan and provide experiences
that meet infant/toddlers needs and stimulate learning in the following
developmental areas: self-concept, physical, social, emotional, cognitive and
language, as found in the "Arkansas Frameworks for Infant & Toddler
Care."
7. The center shall have an
approved curriculum with weekly lesson plans appropriate for the developmental
needs of each group of children. (When available.)
8. Infants and toddlers shall be taken
outside for a period of time every day, unless prevented by weather or special
medical conditions.
9. Outdoor play
for infants and toddlers may include riding in a carriage or stroller. However,
infants and toddlers shall be offered opportunities for gross motor play
outdoors as well.
10. An age
appropriate daily schedule (for each age group) shall be posted in each
classroom and shall be accessible to parents and staff.
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
c. Directed
toward teaching the child acceptable behavior and self-control
See Division web-site for recommended behavior guidance
training.
2.
Physical punishment shall not be administered to children.
3. The length of time a child is placed in
time out shall not exceed one minute per year of the child's age.
4. Acceptable behavior guidance techniques
include:
a. Look for appropriate behavior and
reinforce the child with praise and encouragement when they are behaving
well.
b. Remind the child on a
daily basis of the rules by using clear positive statements regarding how they
are expected to behave rather than what they are not supposed to do.
c. Attempt to ignore minor inappropriate
behavior 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 steps rather than waiting until the
child has behaved appropriately 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.
5. The
following activities or threats of such activities are unacceptable as behavior
guidance measures and shall not be used for children. These include, but are
not limited to the following:
a. 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. Profane or abusive language
f. Isolation without supervision
g. Placing 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. Children shall not be forced or
bribed to eat.
n. Shaming,
humiliating, frightening, labeling, physically or mentally harming children
o. Covering the faces of children
with blankets or similar items
6. 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.)
7. Behavior guidance practices used by the
center shall be discussed with each child's parents and provided to them in
writing at the time of enrollment with a copy signed by the parent maintained
in the child's record.
502
Infant & Toddler Behavior
Guidance Requirements1. Time-out shall
not be used for children under two years of age.
2. The child may be placed in a supervised
area away from the group or in a crib or playpen while staff attends to the
situation. Brief separation from the group is acceptable when the child's
behavior places the child or others at risk of harm. Example: A child who has
bitten another child would be removed from the group, briefly, while staff
attends to the bitten child.
600
RECORDS
601
Record Requirements
1. All staff, child and facility records
shall be kept and made available to the Child Care Licensing Unit on request.
The records shall be maintained for three (3) years unless otherwise
indicated.
2. Licensing compliance
forms (DCC-521) shall be available at the facility for 3 years. The facility
shall advise parents in writing that the compliance forms are available for
review upon request.
3. The
facility shall maintain daily attendance records on all children as follows:
a. Children shall be signed in and out daily
by a parent or guardian, or designee. Electronic sign in and out systems will
meet this requirement.
b. The
record shall include the date and time of arrival and departure.
602
Facility
Records
1. Facility Records shall be
maintained on site and include:
a. Attendance
records on all children
b.
Transportation rosters, if applicable (maintained for one year)
c. Verification of current vehicle
registration, if applicable
d.
Verification of required commercial vehicle insurance coverage, if
applicable
e. Verification of
required Child Care Liability Insurance
f. Verification of current pet vaccinations,
if applicable
g. Verification of
annual fire department approval
h.
Verification of annual health department approval
i. Verification of zoning approval
(maintained as part of permanent record)
j. Verification of annual approval by the
Boiler Inspector Division of the Department of Labor
k. Mobile Home Commission approval for double
wide manufactured homes, if applicable (maintained as part of permanent
record)
l. Record of emergency
drills
m. Plans and procedures of
Emergency Preparedness
n. Procedures
for reporting allegations of child maltreatment
o. Procedures for reporting suspected
licensing violations
p. Licensing
compliance forms
q. Log of Product
Recall and Safety Notices from CPSC or Attorney General's Office
r. Articles of Incorporation, if applicable
(maintained as part of permanent record)
s.
Current list of names, addresses and phone numbers of the Board
of Directors, if applicable
603
Staff Records
1. Staff records may be maintained off site,
unless otherwise noted, and shall contain the following:
a. Name, date of birth, address and telephone
number
b. Education, training and
experience, including a copy of the GED or high school diploma (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 facility's operating schedule if
they do not operate year round.
c.
Employment related information for previous six (6) years, with written
documentation of verification of employment and reference checks
d. Attendance record, listing days and hours
worked
e. Date of employment and
date of separation
f. Documented
training or continuing education; i.e., orientation, in-service training, and
workshop documentation, which shall include title of workshop, presenter, hours
of training and date
g. Initiation
of Criminal Record Checks and Central Registry Checks and the results obtained
when received
h. Verification of
completion of the required transportation training and a readable, current copy
of the driver's license for all staff who transport children (copy must be on
site)
i. Verification of First Aid
and/or CPR for applicable staff (copy must be on site)
j. Documentation of new employee
evaluations.
604
Children's Records
1. The child care facility shall maintain a
record for each child in care which shall be on site. Records for children no
longer enrolled may be maintained off site. Children's records shall contain
the following information:
a. Application form
which includes child's name, date of birth and address, name of parent or
guardian, telephone numbers (home and business), work hours of parents or
guardians, and date of enrollment in facility
b. The name, address, and telephone number
(home and business) of a responsible person to contact in an emergency if the
parent or guardian cannot be located promptly
c. Name, address and telephone of child's
physician or emergency care facility
d. Written permission of parent or guardian
authorizing emergency medical care and transportation of child for emergency
treatment (This authorization shall accompany children anytime they are
transported.)
e. Name(s) of
persons authorized to pick up child
f. Permission slips signed by parent or
guardian authorizing the child to be taken on specific field trips
g. Pertinent medical history on the child
h. An authorized record of
up-to-date immunizations or documentation of a religious, medical or
philosophical exemption from the Arkansas Department of Health (Updated
immunization schedules will be provided as changes are received from the
Arkansas Department of Health.)
i.
A written record of all significant changes in the child's physical or
emotional state and accidents, incidents or injuries, indicating the date,
location, time of day, area or piece of equipment where the incident occurred
(A copy of this shall be given to the parent on the day of
occurrence.)
j. Any legal or
medical documentation that has been given to the facility, by the parent or
legal guardian, regarding the care of the child
k. Written permission for the facility to
photograph or video tape their child, if applicable
l. Written permission for the facility to
place photos and video recordings of their child on social media or other
websites, if applicable
m. Infant
feeding documentation shall be maintained for at least one year
n. Documentation of distribution of Shaken
Baby Syndrome information to all parents of infants in accordance with Carter's
Law
700
NUTRITION
701
Nutrition Requirements
1. The center shall ensure that lunch is
served to each child.
2. Breakfast,
lunch, snacks and evening meals shall each meet current U.S. Department of
Agriculture guidelines, including portion size. (See Appendix C) Menus for all
food service shall be posted. (See Division web-site.) If sack lunches are
utilized, the facility shall ensure that they also meet these requirements.
Milk shall be served to each child during the day. Exceptions may be made for
children who suffer allergies to milk.
3. Breakfast shall be made available for
children who arrive before 7:00 a.m. Breakfast may be served to all children
rather than a morning snack provided there is no more than 3 hours between the
beginning of breakfast and the beginning of lunch.
4. All food service surfaces shall be kept
sanitary.
5. Food shall be served
on individual plates, bowls or other dishes that can be sanitized or
discarded.
6. Food and drinks which
are not available to the children shall not be consumed by staff in the
children's presence.
7. Mid-morning
snacks or breakfast, and mid-afternoon snacks shall be provided for all
children.
8. All food brought from
outside sources shall come from Health Department approved kitchens and shall
be transported as per Health Department requirements, or the food shall be in
an individual, commercially pre-packaged container. (This does not include
individual sack lunches brought from home.)
9. All refrigerators used for food storage
shall be maintained at a temperature of 41 degrees or below, and all freezers
used for food storage shall be maintained at a temperature of 0 degrees or
below.
702
Infant
& Toddler Nutrition Requirements
It is recommended that mothers be allowed and encouraged
to breast feed their children at the facility.
1. The routine use of 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 D).
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. Infant
bottles and food shall be prepared and heated in an area separate from the
diaper changing area.
4. Microwaves
shall not be used for heating bottles, due to the danger of uneven
heating.
5. 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 if
directed by the manufacturer.
6.
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.
7. Water used for the
preparation of formula shall not come from the hot water supply. (Water from
hot water systems may contain high levels of lead and other substances which
could be harmful to small children.)
8. Children shall not share the same bottle
or eating utensils. The facility shall practice a sanitary method of cleansing
baby bottles, cups and utensils.
9.
Bottles shall not be propped. Infants under six months of age shall be held
while being bottle-fed.
10. Bottles
and "sippy cups" shall be labeled with the child's name and shall be
refrigerated.
800
BUILDINGS
801
Building Requirements
1. Child care centers shall comply with the
Minimum Requirements of the currently adopted Arkansas Fire Prevention Code as
administered by local fire department or by the State Fire Marshal, who has
final authority. Written verification of annual approval shall be maintained on
file. (Note that the State and Local Fire Codes may not allow the use of
basements or floors above ground level by children, first grade and younger,
unless there is a ground level exit.)
2. State Health Department requirements shall
be met. Written verification of annual approval shall be maintained on
file.
3. 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 has been
scheduled and annual approval shall be maintained on file. 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.)
4. All space used by a center shall be kept
clean and free of hazardous or potentially hazardous objects. (These objects
include, but are not limited to, poisonous substances, firearms, explosives,
broken toys/equipment, or other objects that could be harmful or dangerous, if
they are determined to be accessible to children.)
5. Thirty-five square feet per child of
usable floor space shall be required for indoor activities. This does not
include bathrooms, kitchen and hallways. Usable space in the child care center
shall include areas in the classroom used for storage of programmatic materials
which are accessible to children. This does not include closets or storage
space for equipment that is not in use.
6. Separate space shall be provided for the
isolation of children who become ill and shall be located in an area that can
be supervised at all times by a staff member.
7. All parts of the center used by the
children shall be well heated, air conditioned, lighted, ventilated and
maintained at a comfortable temperature.
8. Glass doors shall be clearly
marked.
9. When windows and doors
are used for ventilation, they shall be screened and shall not present a safety
hazard.
10. Floor furnaces, gas
heaters, electric heaters, hot radiators, water heaters, air conditioners and
electric fans shall have guards and shall not present a safety hazard. Portable
fuel fired heaters shall not be used.
11. 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.
12. Carbon monoxide detectors shall be placed
in facilities according to manufacturer's recommendations if one of the
following situations applies:
a. Facilities
using wood, propane, natural gas or any other product as a heat source that can
produce carbon monoxide indoors or in an attached garage
b. Any situations where carbon monoxide
detectors are required by state or local law
13. Floors, ceilings and walls shall be in
good repair and kept clean. Paints used at the facility shall be lead
free.
14. A child care center 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.)
15. The
following structures shall not be used as child care centers:
a. Manufactured homes constructed prior to
June, 1976
b. Manufactured homes
constructed with metal roofs and outside walls
c. Single-wide manufactured homes
d. Portable storage type buildings
16. Double-wide manufactured homes
may be considered provided they are tied down in accordance with the
manufacturer's tie down specifications manual. Any new applicant for a child
care center that requests the use of a manufactured home shall obtain an
inspection at the applicant's expense from the Arkansas Manufactured Home
Commission.
17. Manufactured homes
currently licensed as child care facilities shall be tied down as recommended
by the Arkansas Manufactured Home Commission.
18. Portable classroom buildings are not
considered manufactured homes, but do require Fire Department approval.
Portable classroom buildings installed after November 1, 2002, shall have Fire
Department approval prior to purchase and installation.
802
Infant & Toddler Building
Requirements1. If Infant and Toddler
Centers and Child Care Centers are operated in the same building, the areas
designated for care of infants and toddlers shall be in rooms separate from the
activity of other children.
2. When
infants/toddlers share the same eating areas with older children, arrangements
shall be made to maintain separation.
900
PLAYGROUNDS / OUTDOOR LEARNING
ENVIRONMENT
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
The use of public playgrounds and other play environments away
from the facility is not recommended as these environments may not meet
acceptable safety standards. If these playgrounds are used, staff should
provide close supervision and not allow children to use any equipment that
appears unsafe (eg: broken equipment, sharp objects, strangulations hazards,
etc.). Using playgrounds and other play environments away from the facility is
considered a field trip and all field trip requirements 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 from an internet site such as Google Maps, or a diagram 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. A shady area shall be
provided where children can get out of direct sunlight. This can be
accomplished by utilizing existing shade such as trees and buildings, or by
creating shade with manufactured structures such as awnings. If shade is not
available the schedule for outdoor play shall be altered so that children are
outdoors during early morning hours to avoid extreme heat and direct
sunlight.
10. All 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 in the licensed facility to use 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. Equipment in place prior to January 1, 2014 may continue to be
used provided it meets all other licensing requirements.
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 on bicycles and
when using roller skates, skate boards, roller blades and scooters.
Helmets shall be removed as soon as children stop riding the
wheeled equipment. Helmets shall meet CPSC standards. (Helmet use is
recommended 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
Slides
1. 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
Equipment
1. 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 and they 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 |
*Shredded/recycled rubber loose-fill protective surfacing does
not compress in the same manner as other loose-fill materials. However, it is
recommended, 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, care should 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
FURNITURE & EQUIPMENT
1001
Furniture & Equipment
Requirements
1. All manufacturer
guidelines shall be followed for furniture and equipment that is used by, or
around, children.
2. All equipment
shall be sturdy, clean and safe.
3.
Paint on toys, equipment and other materials shall be lead free.
4. Child size tables and chairs, highchairs,
or other age appropriate and comfortable seating options shall be used during
snack and meal times.
5. Safety
straps shall be used at all times in high chairs or any other seats designed to
be used with straps.
6. The center
shall provide individualized space for storing personal belongings.
7. There shall be storage space for extra
materials and other equipment when not in use.
8. 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.)
1002
Sleeping Requirements for
Preschool
1. There shall be a labeled,
individual cot or mat, bottom sheet, and adequate cover for each child in care
during rest time.
2. The use of
mats shall be acceptable if they are at least 2 inches thick, washable,
waterproof, and size-appropriate for children.
3. All sleeping equipment shall be kept at
least one foot apart for napping to prevent cross-contamination and to ensure
ease of access in an emergency.
4.
Sheets and covers shall be washed at least once a week or more frequently as
needed. Once a sheet/cover/blanket has been used by a child, it shall not be
used by another child until it has been washed.
1003
Infant & Toddler Sleeping
Requirements
1. Sleeping infants &
toddlers shall be visually monitored at all times and physically checked
regularly for breathing.
2.
Infants/toddlers shall be placed in age appropriate cribs, cots, or mats
meeting CPSC standards, for 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).
3. Infants (children 12 months of age 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
4. Infants' sleep space (e.g. crib) shall be
free of loose bedding. If a light blanket is necessary, it should be kept at or
below the mid-chest area of the child. Staff shall not cover the faces of
infants.
7. Swaddling infants is
not recommended and shall require a note from the child's physician if
continued past the age of 3 months.
8. Pillows (including nursing or "boppy"
pillows), bumpers/bumper pads and stuffed animals shall not be placed in
cribs.
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 the child is
sleeping.
10. 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.
11. An individually labeled crib or safe
playpen with a waterproof mattress shall be provided for each child less than
12 months of age. A bassinet shall not be used. (Please note that the CPSC does
not recommend the use of playpens in licensed child care.)
12. The following guidelines shall be
required for cribs:
a. Slats shall be no
greater than 2 3/8" apart
b. Cribs
that have end panels with decorative cutout areas shall not be used
c. Mattresses shall fit snugly in the crib,
be waterproof and in good repair
d.
The space between crib and mattress shall measure no more than 1 inch
e. Corner posts shall be the same height as
end panels
f. End panels shall
extend below mattress at the lowest position of the
mattress
13. Crib bedding
shall be changed daily or more frequently when wet or soiled.
1100
HEALTH
1101
General Health
Requirements1. 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. The caregiver shall 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.
The caregiver shall temporarily exclude the child from child
care if the child has:
a. Sudden
change in behavior, such as:
* lethargy or lack of responsiveness
* unexplained irritability or persistent crying
* difficult 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), 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
4. Any child who is injured shall
have immediate attention. Parents shall be notified of all injuries. Injuries
that require the attention of medical personnel shall be reported to the parent
immediately and to the Licensing Unit within one business day.
5. Parents or guardians of all children shall
be notified of contagious illness as soon as possible.
6. Medication shall be given to children only
with signed parental permission which includes date, type, drug name, time and
dosage, length of time to give medication, and what the medication is being
given for. It shall be in the original container with a child resistant cap,
not have an expired date and be labeled with the child's name. (Aspirin
substitutes, such as ibuprofen and acetaminophen, may be provided by the
facility if parental permission has been granted. These medications shall be in
the original container.) Staff shall not dispense medications in dosages that
exceed the recommendations stated on the medication bottle.
7. 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.
8. The facility shall share information with
families regarding medical homes for children.
9. Medication shall be returned to the parent
or disposed of properly when a child withdraws from the program or when the
medication is out of date.
10.
Medicine shall be stored at the proper temperature, separately from food at all
times.
11. A first aid supply shall
be kept out of reach of the children. A first aid kit containing medications
shall be locked. This kit shall include the following:
a. Adhesive Band-Aids (various
sizes)
b. Sterile gauze squares
c. Adhesive tape
d. Roll of gauze bandages
e. Antiseptic
f. Thermometer
g. Scissors
h. Disposable gloves
i. Tweezers
12. Medicine shall be kept out of the reach
of the children when dispensing and shall be stored in a locked area at all
other times.
13. The staff person
who administers the medication shall initial the permission slip and record the
date, time and dosage administered.
14. Facilities shall comply with the Clean
Indoor Air Act of 2006. Smoking (including e-cigarettes) in a child care center
is prohibited at all times. This includes:
a.
All areas of the facility, 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(s)
c. Other outdoor areas when
children are present
d. In any
vehicle used to transport children, whether children are present in the vehicle
or not
15. The facility
shall follow any health or medical care plans and/or medical documentation as
provided by the child's physician, parent or guardian.
16. 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.)
17. Garbage and
soiled diapers shall be kept in closed containers. Garbage and trash shall be
removed from the center daily and from the grounds at least once a
week.
18. The facility shall be
free of insects, rodents and pests.
19. There shall be no pets or animals allowed
that present a health and safety threat. A licensed veterinarian shall certify
that dogs and cats have a current vaccination against rabies.
20. The communicable diseases listed in
Appendix B
, whether suspected in a child or adult
shall be reported within 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
21. Reporting data should include:
a. The reporter's name, location and phone
number
b. The name of the disease
reported and the date of 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
information used in the diagnosis (Please give the laboratory name)
f. Any treatment information, if
known
22. A roster shall
be maintained on infants and toddlers who have not completed the minimum
immunization requirements and parents shall be notified of the needed
immunization(s).
23. Within 15 days
of enrollment of a child, the child care facility shall verify that the child
has been immunized as required by the Arkansas Department of Health and Human
Services 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).
24. It is recommended
that all staff members who have direct contact with children receive annual
Influenza (flu) immunizations.
25.
It is recommended that all staff members who have direct contact with children
receive a one-time Tdap (Diphtheria, Tetanus & Pertussis)
immunization.
26. It is recommended
that all staff members who have direct contact with children receive the
recommended series of immunizations for chicken pox, mumps, measles and rubella
or evidence of immunity.
27.
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 infants/toddlers and preschool 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.
28. 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.
1102
Hand Washing
1. Individual towels, paper towels or forced
air dryers shall be within the reach of children.
2. A liquid soap shall be accessible in the
hand washing area and used by caregivers and children.
3. Running water shall be available in all
lavatories.
4. Caregiver's and
children's hands shall be washed with soap before meals and snacks, after
toileting, after each diaper change, and as needed. The use of hand sanitizer
shall not be a replacement for soap and running water.
5. A wash cloth or towel shall not be used
more than one time before laundering.
1103
Infant & Toddler
Hand-Washing
1. Caregivers' hands
shall be washed with soap upon entering the work area.
2. There shall be at least one sink in each
infant/toddler room for ages under 18 months for diapering. Existing structures
licensed prior to implementation of this rule are exempt from this requirement.
However, any expansions, additions, rearrangement of classrooms being used or
any newly licensed structures shall comply with this requirement.
1104
Drinking
Facilities
1. The water supply shall
be approved by the Arkansas Department of Health.
2. Drinking water shall be provided to the
children.
3. Drinking water shall
not be obtained from the hot water supply.
1105
Toilet Facilities
1. There shall be 1 toilet and 1 sink
available for each group of fifteen (15) children.
2. Clean clothes shall be available for
children who soil themselves.
3.
Each center licensed or approved for more than thirty (30) children over the
age of 18 months shall have a separate rest room for staff. Infant and Toddler
Center staff and Day Care Center staff may share the same toilet facilities
when both programs are located in the same building.
4. Toilet tissue shall be located within
reach of the children when toileting.
1106
Infant & Toddler- Toilet
Facilities
1. For every fifteen (15)
children 18 months of age and above, there shall be one toilet and
sink.
2. The child care center
shall provide a bathroom that opens directly into the room where toddlers are
located.
3. Potty chairs shall not
be counted in lieu of conventional toilets. If potty chairs are used, they
shall be placed in the same area with a conventional toilet and sink and shall
be emptied and sanitized immediately after each use.
1107
Diaper Changing
1. A hand washing sink shall be available for
the staff within the diaper change areas.
2. 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 of the table.
3. Children shall always be attended during
diapering.
4. Soiled or wet diapers
shall be removed and replaced with clean, dry diapers. The caregiver shall
ensure that children are properly cleaned and dried.
5. Soiled cloth diapers or clothing shall not
be rinsed. If a child's own diapers are used, they shall be sanitarily bagged
to be taken home daily.
6. Diaper
covers or plastic pants shall be handled in the same manner as cloth
diapers.
7. All diapering
preparations shall be placed out of the reach of children. The use of all
diapering preparations shall be agreed upon by the caregiver and parent.
1108
Toilet
Learning
1. The caregiver shall assist
children in toilet routine and hygiene practices.
2. The following methods shall not be used in
toilet learning:
a. Placing 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 a child unsupervised on toilet
1200
SAFETY
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
2. The facility 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 staff and
volunteers are familiar with the components of the plan
4. The facility 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 classroom.
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. Everyone in the facility, to include all
program types (i.e. infant & toddler, preschool, school age), at the time
of the drill shall participate in the drill
d. Staff, including volunteers and
substitutes, shall be trained in emergency drill procedures
e. During all hours when children are in care
(evenings, nights, weekends, etc.)
f. If applicable, the facility shall provide
a crib with evacuation casters or equivalent that will provide one (1) bed for
every six (6) infants, twelve (12) months and younger, that may be used for the
safe evacuation of the infants.
7. The facility 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 any
items that need improvement
8. The facility shall maintain an evacuation
pack that shall be taken on all drills and during actual emergency evacuations.
The pack shall be easily accessible in an emergency and all staff 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 1101.6) 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 facility
shall immediately notify the Licensing Unit of any extended utility outages or
significant 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. Child care centers
shall maintain a log of all child product recalls and safety notices issued by
CPSC or distributed by the Attorney General's Office and shall post or
otherwise make these notices available for parents to review on site. The
facility director 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. There shall be no
alcoholic beverages in any part of the facility during hours of care.
12. Illegal drugs/paraphernalia shall not be
in any part of the facility or on the premises, regardless if children are
present or not.
13. All medications
and poisonous substances shall be kept in separately locked areas.
14. 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 a staff member).
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.)
16.
Supplies used for children's activities shall be carefully
supervised.
17. All bags belonging
to children shall be checked on arrival to eliminate possible
hazards.
18. Purses and bags
belonging to staff shall be stored out of reach of children.
19. Electrical outlets shall be
guarded.
20. Balloon use shall be
carefully supervised.
21. Staff
shall be instructed in the use of fire extinguishers.
22. The facility shall maintain smoke
detectors/fire extinguishers as required by the Fire Department. Smoke
detectors shall be kept in working order at all times.
23. Chemicals and toxins shall not be stored
in the food storage area.
1202
Infant & Toddler Safety
Requirements1. Balloon use shall not
be allowed in infant/toddler areas.
2. Pacifiers, if used, shall not be secured
around the neck by a cord or any other means that could represent a
strangulation hazard.
1203
Swimming Pools
1. Swimming pools and natural pools of water
may be used for water play for children age 3 and up if the following
requirements are met:
a. Health Department
approval where applicable
b.
Written parental permission
c. One
person present at all times who has current certification in Red Cross Life
Saving or Y.M.C.A. aquatic instruction
2. Adult supervision of the children shall be
provided at all times, with grouping based on the following staff/child ratio:
(Unless children are participating in an authorized swimming instruction
program.)
|
a. Kindergarten & up |
1:8 |
|
b. 5 years |
1:5 |
|
c. 4 years |
1:3 |
|
d. 3 years |
1:2 |
3.
When children of different ages are swimming in a group, the staff/child ratio
shall be based on the youngest child within the group.
4. Lifeguards, swimming instructors or any
other swimming pool staff may be counted in the ratio when the facility's
children are the only occupants of the pool and these persons have completed
criminal and child maltreatment background checks and have a current health
card.
5. Swimming pools located
within the play area of the center shall be enclosed. The enclosure shall
consist of a locked gate and a fence that is at least four feet high.
1300
TRANSPORTATION
1301
Transportation Requirements1. The
requirements 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.
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. Staff transporting
children shall meet the following requirements:
a. Be at least twenty-one (21) years of age
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 staff'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 on site in the staff's record.)
d. At least one adult on the vehicle shall be
certified in CPR and First Aid.
3. The vehicle(s) used for the transportation
of children shall be in compliance with Arkansas state laws on transportation
of children.
4. 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)
Exception: State institutions, political subdivisions or other
entities entitled to immunity liabili ty under
21-9-301, are not required to meet
this requirement to be licensed. (Act 23 of
7. For transporting children kindergarten and
above only, a ratio of 1:18 shall be maintained. Driver may be counted in
staff/child ratio. Providers licensed prior to the effective date of this rule
will have four years from the implementation of this rule to comply with the
revised ratios.
8. Any child who is
less than 6 years old or weighs less than 60 pounds
shall be restrained in a child passenger safety seat. Any child who is at least
6 years or weighs at least 60 pounds must be restrained by a safety belt. (Act
470 of 2001). Conventional school busses are exempt from this requirement
except for the transportation of infants/toddlers. (See#1302.2) Child passenger
safety seats shall be used in accordance with manufacturer's
guidelines.
9. There shall be a
seating space and an individual, appropriate restraint system provided for each
child transported.
10. Rosters
listing the date, the names and the ages/dates 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 facility. Transportation rosters
shall be kept by the facility and available for review for one year.
11. To insure that no children are left on
the vehicle, the driver or a staff member must walk through the vehicle and
physically inspect each seat before leaving the vehicle. The driver or the
staff member, who conducted the walk through inspection, must sign the
transportation roster to verify that all children have exited the
vehicle.
12. To insure that
children have safely arrived in the appropriate classroom, the transportation
roster shall be reviewed by the Director or designee and compared with
classroom attendance records. The Director or designee shall sign off on the
transportation roster to verify that all children have safely transitioned from
the vehicle to the classroom.
13.
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 system 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. In a vehicle transporting infants and
toddlers, the driver may be counted in the staff/child ratio but shall not be
the only adult. A ratio of one adult for each three infants/toddlers shall be
maintained.
2. Infants and toddlers
shall not be transported on school buses that are not equipped to accommodate
required child safety seats.
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 birth to two (2) years of age 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.
PROGRAM SPECIFIC VARIATIONS
PROGRAM-SPECIFIC VARIATIONS ARE NUMBERED ACCORDING TO THE
REGULATION WITH WHICH IT VARIES. UNLESS A VARIANCE IS LISTED BELOW, ALL BASIC
REQUIREMENTS APPLY.
1500
SCHOOL
AGE/SUMMER DAY CAMP
301
Staff/Child Ratio1. Kindergarten and
above, 1 worker per 18 children.
401
Program Requirements
1. The program of activities shall be
flexible and shall provide some opportunities for a child to choose how he will
spend his time.
2. The program
shall provide a variety of activities suitable to the ages and interests of the
children.
3. School age children
who leave the child care center to participate in other activities shall have
written permission from the parents naming the activity, time of leaving and
returning and method of transportation.
4. Children in camp situations shall be under
direct supervision of staff at all times.
604
Children's Records
1. Immunization records shall not be required
for school age children.
2.
Permission for specialized summer activities shall be maintained.
3. Emergency information and medical
permission sheet shall be maintained at camp site.
701
Nutrition Requirements
1. Children arriving for after-school care
shall be provided with a nutritious snack.
2. Mid-morning snacks shall be provided for
all children who are in care for more than 3 hours prior to lunch. Midafternoon
snacks shall be provided for all children.
3. Vending machines in school age settings
are acceptable provided they are not the only source of snacks and/or
beverages.
4. Milk is not required
to be served in rural day camp settings.
801
Building Requirements
1. Twenty-five (25) square feet of floor
space shall be provided for each school age child.
2. If a facility utilizes the out-of doors as
its major program component for school-age children, covered pavilions and
other roofed structures shall provide 25 square feet per child.
3. If preschool children are not present,
electrical outlets need not be plugged.
1002
Sleeping Equipment
1. A period of quiet activities shall be
provided when children are in care all day.
1101
Health Requirements
1. Provisions shall be made for waterproof
cots or mats if a child becomes ill.
1102
Hand Washing
1. Alternative methods of hand washing shall
be provided if running water is not available.
1104
Drinking Facilities
1. Water that is transported to the camp
sites for drinking purposes shall be in enclosed containers. Fresh water shall
be provided each day.
1105
Toilet Facilities
1. There shall be one toilet and one sink for
each 30 children. Separate toilet facilities for boys and girls shall be
provided.
1203
Swimming Pools1. Lifeguards, swimming
instructors or any other swimming pool staff may be counted in the ratio when
the facility's children are the only occupants of the pool and these persons
have completed criminal and child maltreatment background checks and have a
current Health card.
1301
Transportation Requirements
1.
Driver may be counted in staff/child ratio.
2. There shall be a minimum of two staff
members present whenever more than 20 children are transported.
1600
EVENING
& NIGHT CARE VARIATIONS
Night care is any care provided after midnight.
301
Staff/Child Ratio
1. Staff members shall be awake at all times
and shall have children in view at all times.
401
Program Requirements
1. Evening quiet time activity shall be
provided to each child arriving before bedtime.
701
Nutrition Requirements
1. Children who are in care overnight shall
be provided with a breakfast prior to leaving for school or other
activities.
2. Supper shall be
provided to children during evening meal hours.
3. Snacks meeting the current U.S. Department
of Agriculture guidelines shall be provided to children in attendance for more
than 2 1/2 hours prior to bedtime.
1002
Sleeping Arrangements
1. Bedtime schedules shall be established for
children in consultation with the child's parent(s).
2. Storage space for clothing and personal
belongings shall be provided within easy reach of the children.
3. Individual beds or cots equipped with
comfortable mattresses, sheets, pillows, pillow cases and blankets shall be
provided for children in all-night care. Bed linens shall be changed at least
once a week or daily when wet or soiled.
4. Mats may be used for children in evening
care.
5. The upper level of double
deck beds shall be allowed for children 10 years or older if a bed rail and
safety ladder is provided.
6.
Children shall have clean and comfortable sleeping garments for their
individual use.
1105
Toilet Facilities1. There shall
be age appropriate bathing facilities available for all children. For children
2 1/2
years of age and older in night care (after midnight), there
shall be a bathtub or shower available. Bathtubs and showers shall be equipped
to prevent slipping.
2.
Bathrooms shall be located near the sleeping areas.
3. No child under 6 years of age shall be
left alone or with another child while in the bathtub or shower.
1700
PART-TIME
PROGRAM VARIATIONS
401
Program
Requirements
1. A rest period is not
required for children who are in care for less than 4 hours per day or arrive
shortly after lunch.
2. Outside
play may be scheduled for periods of less than 1 hour daily.
701
Nutrition
Requirements
1. Facilities in
operation for more than 3 hours per day shall provide a snack that meets
current U.S. Department of Agriculture Guidelines.
1800
SICK CARE
COMPONENT
301
Staff/Child
Ratio1. The following ratios shall be
maintained at all times:
a. Infant/Toddler
1:3, Maximum group size =6
b.
Preschool/School Age 1:5, Maximum group size 10
2. Staff shall be separated in the same
manner children are separated to prevent cross infection.
302
Director
1. If the component is part of a child care
facility, the program director shall be accountable to the facility director.
If the component is an entity unto itself the program director may also be the
facility director.
2. The program
director shall have completed the following training:
a. Communicable disease control
b. Recognition and care of usual childhood
illness
c. CPR
certification
d. First Aid
certification
401
Program Requirements
1. Children shall be provided with quiet
activities according to their age and abilities.
2. Caregivers shall:
a. Administer medicine according to
prescribed instructions.
b. Take
temperature frequently or as needed.
c. Monitor any changes in
condition.
d. Record necessary
medical or physiological data or changes.
e. Notify parents immediately if their
child's condition changes significantly for the worse, especially if the
condition meets one of the excludable diseases or symptoms.
3. The child shall be removed
immediately from sick care when his/her condition meets one of the excludable
diseases or symptoms.
4. Children
may be returned to regular day care when a doctor's statement has been obtained
or when the child is free of symptoms for 24 hours.
604
Children's Records
1. The record shall contain information on
the specific condition or illness placing the child in sick care.
2. The record shall contain any
recommendations for needed medical treatment and/or program or environment
modifications that the child needs.
801
Building Requirements
1. If located in the same facility as day
care, sick care shall be separate with a separate entrance and separate
ventilation system.
2. Children
with respiratory illnesses shall be cared for in separate space from children
with gastrointestinal illness. Any child with an undiagnosed condition shall be
separated from other children to prevent cross infection. A separate area can
be defined by curtains; partitions etc. if airborne transmission is not
likely.
3. A hand-washing sink
shall be available in each room.
4.
To prevent cross contamination, a designated toilet shall be available to each
sick care room.
5. The facility
shall be self-contained-i.e. food, water, bedding, toileting (no potty chairs)
etc.
1001
Furniture & Equipment Requirements
1. No furniture, fixtures, equipment and
supplies designated for use in the sick care component shall be used or shared
by well children.
2. All laundry
shall be washed each day. The items shall be placed in a plastic bag and
labeled "contaminated" so necessary precautions can be taken.
3. All toys and equipment shall be
disinfected after every use.
1101
General Health
Requirements
TABLES OF COMMUNICABLE DISEASES AND SYMPTOMS THAT EXCLUDE
CHILDREN FROM SICK CARE: (asterisk denotes reportable diseases)
1. Communicable Diseases:
|
SPIRATORY ILLNESS |
b. GASTROINTESTINAL ILLNESS |
c. CONTACT |
|
Chicken Pox |
Giardia Lamblia* |
Impetigo |
|
German Measles |
Hepatitis A* |
Lice |
|
Hemophilus influenza |
Salmonella* |
Scabies |
|
Measles* |
Shigella* | |
|
Meningococcus* | | |
|
Mumps* | | |
|
Strep throat | | |
|
Tuberculosis* | | |
|
Whooping Cough* |
|
|
2.
Symptoms that Exclude Children from Sick Care:
A symptom is a condition that indicates an illness that may not
be identifiable by one of the above listed names but presents a situation where
the child shall not be admitted to or remain in sick care and should be seen by
the family physician.
a. Diarrhea
* Accompanied by evidence of dehydration for excessive fluid
loss
* Accompanied by history of poor fluid intake and/or marked
lethargy
* With blood or mucous in the stool unless at least one stool
culture shows the absence of Salmonella, Shigella, Campylobacter or
E-Coli
* That exceeds 5 bowel movements in an 8 hour period of is
continued over 3 or 4 days unless the child is under the supervision of a
physician with written documentation
b. Vomiting for over a 6 hour
period
c. Difficult or rapid
breathing
d. Severe coughing:
episodes of coughing which may lead to gagging, vomiting, or difficulty
breathing
e. Mucous (phlegm) that
is foul smelling, yellow or green and the child has a fever over 102 degrees
Fahrenheit
f. Asthmatics with
severe upper respiratory infections who have not been seen by a physician or
whose distress is not controlled by medication
g.
Sore throat and fever greater than 103 degrees Fahrenheit or
confirmed Strep throat until treated with antibiotics for over 24
hours
h. Skin conditions that have
not been diagnosed as noncontiguous by a physician; including but not limited
to:
* Yellow (jaundiced) eyes or skin
* Child in contagious stages of chicken pox, measles, mumps or
rubella
* Untreated impetigo
* Untreated scabies or head lice
* Blood-red rashes and skin conditions with spontaneous
bruising
i. Children who
are in the contagious states of Pertussis, diphtheria, or
tuberculosis
j. Pink or red eye(s)
which may be swollen with white or yellow discharge until on antibiotics for
over 24 hours
k. Abdominal pain
that is intermittent or persistent
l. Fever over 102 degrees Fahrenheit for
greater than 24 hours, or any fever over 103 degrees Fahrenheit unless the
child has been evaluated and treated by a physician and does not have other
exclusion criteria.
APPENDIX A: DEFINITIONS
1.
"Act" means the Child Care
Facility Licensing Act as amended.
2.
"Child Care Center" means any
Child Care Facility conducted under public or private auspices on a profit or
nonprofit basis providing direct care and protection for children. Any facility
that is open more than five (5) hours during any 24 hour period or more than a
total of ten (10) hours during a seven (7) day period is considered a Child
Care Center and shall be subject to the provisions of the Child Care Facility
Licensing Act. Those facilities meeting the above definitions but operating no
more than three (3) weeks per calendar year are not required to comply with the
licensing requirements, i.e.: Summer Bible Schools and Camps.
For purposes of determining the need for a license, all care
provided at the site of a licensed program is considered a part of the licensed
program and therefore subject to licensing requirements. This includes separate
buildings located on the same property or any other property under the same
ownership. However, Mother's Day Out and other part time programs serving
children not participating in the licensed program are exempt as long as they
operate no more than 5 hours per day or 10 hours per week.
A public or private school which operates a Kindergarten (K5)
in conjunction with grades one and above, or for grades one and above only and
provides short-term custodial care (not to exceed 20 hours weekly) prior to
and/or following classes for those students, is not required to comply with
licensing requirements for the short-term custodial care provided.
3.
"Child Care Facility"
means any facility defined by Ark. Code Ann. §
20-78-202(4).
4.
"Child Care Licensing Unit"
means the unit within the Department of Human Services, Division of
Child Care and Early Childhood Education, that inspects and investigates any
proposed or operating Child Care Center and any personnel connected with the
center to determine if the facility will be or is being operated in accordance
with the Child Care Facility Licensing Act and the Licensing Requirements for
the Child Care Centers.
5.
"Child Maltreatment Central Registry Check" means a check of the
Arkansas Child Maltreatment Central Registry for any record of founded child
abuse and neglect or maltreatment.
6.
"Criminal Record Check" means
a statewide criminal record check conducted by the Identification Bureau of the
Arkansas State Police.
7.
"Criminal FBI Check" means a nationwide criminal record check
conducted by the Federal Bureau of Investigation that conforms to the
applicable federal standards and includes the taking of fingerprints.
Application for a nationwide criminal check shall be made to the Identification
Bureau of the Department of the Arkansas State Police.
8.
"Day Care Centers" means
child care for children age 2 1/2 or 30 months and above.
9.
"Department" means the
Arkansas Department of Human Services.
10.
"Division" means the
Division of Child Care and Early Childhood Education.
11.
"Employee" or "Staff"
means all full or part-time employees or any person(s) who perform
services under the direction and control of the Child Care Facility, regardless
if they are paid or not. This includes any person(s) that has supervisory or
disciplinary control over children, is at any point left alone with children,
or is counted in staff/child ratios.
12.
"Evening and Night Care"
means child care provided between 7:00 p.m. and 6:00 a.m.
13.
"Infant Center" means child
care for children from birth to age 18 months.
14.
"Kindergarten" means a
school based program offered for children five (5) years of age
(K 5) during the school year prior to their entry
into the first grade.
15.
"Medical Home" is the Doctor that you and your child see for
routine medical care. This is your "Primary Care Physician" (PCP).
16.
"Operator" means any person
or entity exercising any measure of supervision or control over a Child Care
Facility.
17.
"Owner"
means any person who assumes the legal responsibility for operation of a
child care facility.
18.
"Part-time Care" means child care provided no longer than four (4)
hours per day or not to exceed a maximum of 20 hours per week. These types of
programs may include, but are not limited to, half day kindergarten, mother's
day out programs, play schools, and some nursery schools.
19.
"Personnel" is defined as
the facility owner or operator, staff or volunteer.
19.
"Program" is defined as all
activities that comprise the child's day at the center.
20.
"Toddler Center" means child
care for ages 18 to 36 months.
21.
"School Age Care" means child care for children who are in
kindergarten (K5) and above. School age child care includes before and after
school care and extended care during school holidays and summer day camps.
School age programs, which operate with children arriving and leaving
voluntarily for scheduled classes, activities, practices, games and meetings,
shall not be considered as meeting this definition.
22.
"Sick Care" is defined as a
separate service providing care for children who are too sick to attend day
care as stated in Section 1000 but who do not exhibit any of the excludable
diseases as defined in Section 1500. The primary objective of this service is
to insure that children in care receive the required attention necessary for
moderately ill children.
23.
"Staff" or "Employee" means all full or part-time
employees/staff or any person(s) who perform services under the direction and
control of the Child Care Facility, regardless if they are paid or not. This
includes any person(s) that has supervisory or disciplinary control over
children, is at any point left alone with children, or is counted in
staff/child ratios.
24.
"Substantial Compliance" means compliance with all essential
standards necessary to protect the health, safety and welfare of the
children attending the Child Care Center. Essential standards include but
are not limited to those relating to issues involving fire, health,
safety, nutrition, discipline, staff/child ratio and space.
25.
"Swimming Pool" means any
pool of water in excess of 12 inches deep. This does not include natural pools
of water such as lakes, ponds and rivers.
26.
"Volunteer" means a person
who provides services to a Child Care Facility, but has no supervisory or
disciplinary control over children, is not left alone with children, and is not
counted in staff/child ratios.
APPENDIX B: 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 |
Tuberculosis |
|
*Measles & Rubella) |
Mumps |
|
*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
*Brucellosis
Campylobacter Interitis
Chancroid
CHOLERA
Coccidioidomycosis *Congenital Rubella Syndrome
Encephalitis (all types) FOOD POISONINGS (all types)
Giardiasis
Gonococcal Ophthalmia Granuloma Inguinale *Guillain - Barre
Syndrome
HIV [Human Immuno Deficiency
& address)] **Influenza *Kawasaki Disease
*Legionellosis
* Leprosy
* Leptospirosis
* Lyme Disease Lymphogranuloma Venereum
* Malaria
* Meningitis, Hemophilus BOTUILISM
Influenza Type B
* Meningococcal infection Mumps
Pesticide Poisoning PLAGUE
* POLIOMYELITIS
* Psittacosia (Ornithosis) DIPHTHERIA Q Fever
RABIES
* Relapsing Fever
* Reyes Syndrome Rheumatic Fever
* Rocky Mountain Spotted Fever SMALL POX Histoplasmosis
* Tetanus
* Toxic Shock Syndrome Virus by (name 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. Name and 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
should be reported whenever there is an unusual incidence or outbreak
(including seasonal). It is necessary to report 1) the physician's name and
location, 2) the suspected disease and 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 diseases also shall be
reported:
|
Asbestosis |
Mesothelioma |
|
Silicosis |
Coal Workers Pneumoconiosis |
|
Byssinosis |
|
FOR FURTHER ASSISTANCE CONTACT THE LOCAL COUNTY HEALTH
UNIT.
APPENDIX C 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 grain or enriched meal or flour; cereal shall be whole grain or
enriched or fortified.
|
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 |
|
|
|
|
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 D
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.
INFANT CARE MEAL PATTERN
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 |
Breakfast |
Lunch or Supper |
Snack |
|
Birth through 3 months |
4-6 fluid ounces breast milk* or formula** |
4-6 fluid ounces breast milk* or formula** |
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 E 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
2 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 |
|
|
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 F: 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 501-682-8590 |
|
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
NUMBER |
|
|
|
LICENSING SPECIALIST |
|
|
|
LOCKS |
|
|
|
NATIONAL EMERGENCY FAMILY REGISTRY
AND LOCATOR
PLUMBER |
|
1-800-588-9822 |
|
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 Current AGE of chUd |
Column!
DTaP DTP/DT |
Columns POLIO |
Column 4 Hib |
Columns HEPATITIS B |
Column 6 MMR
ft ft ft ft |
Column? VARICELLA
ft ft ft ft |
Columns PNEUMOCOCCAL
ftft |
Column 9
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 pt
birthday OR
2 doses if first dose IS |
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 heu of receiving vaccine. |
3-4 doses with last dose must beon/afterlst
birthday
OR
2 doses on/after P'
birthday |
|
|
|
|
|
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 |
|
|
. |
|
|
|
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 |
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 |
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 |
|
|
dose on/after
4th birthday |
|
and doses are at least 8 weeks apart
OR
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 (PA).
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.
