Current through March 20, 2024
To determine compliance with licensing regulations, the
Department will inspect Family Child Care Home I programs as provided under the
Child Care Licensing Act and the Quality Child Care Act
005.01
Sixty-Day
Inspection
The Department will conduct an unannounced inspection within
60 days of the issuance of a provisional, operating, or amended FCCH-I
license.
005.02
Annual License Inspection
The Department will conduct an unannounced inspection each
year to assess compliance with licensing regulations.
005.03
Follow-Up
Inspection
The Department may conduct a follow-up inspection to
determine if the licensee has corrected all violations and to determine full
compliance with regulations following any type of inspection. If conducted, the
follow-up inspection will:
1. Occur no
later than 60 days after the original inspection, or sooner if the licensee
requests or if the violation needs to be corrected immediately; and
2. Be unannounced unless the program is
closed.
005.04
Monitoring Inspection
The Department may conduct unannounced monitoring inspections
to determine compliance with regulations and the conditions of any negative
action or discipline.
005.05
Inspection Results
1. The Department will provide a copy of the
compliance report to the child care program within ten working days after
completion of an inspection.
2.
When the Department finds the applicant or licensee has complied substantially,
but has failed to comply fully with all regulations, the applicant or licensee
may request an alternative compliance (see 1-004.03).
3. When the Department finds that the
applicant or licensee has complied substantially but has failed to comply fully
with all regulations and the failure(s) would not pose an imminent danger of
death or serious harm, the Department may:
a.
Allow the applicant or licensee a period of time to correct all the violations;
or
b. Initiate negative action or
discipline if the applicant or licensee fails to correct all violations within
the time frame given by the Department or has a history of violating the same
or similar regulations at previous inspections.
4. When the Department finds that the
applicant or licensee has failed to meet the regulations, the Department may
initiate negative action or discipline or require the applicant or licensee to
make all corrections at the time of inspection. If compliance cannot be
achieved immediately, the Department may allow a reasonable period of time
after the inspection was conducted to make corrections.
005.06
Complaint
Investigations
The Department will investigate any licensed child care home
after receiving an allegation of violation of licensing regulations.
1. The Department will accept complaints from
anyone who witnessed a violation or a parent/guardian of a child who witnessed
a violation.
2. The Department will
accept complaints via telephone, letter, fax, electronically, or in
person.
3. The identity of a
complainant is not public information.
4. Only if found to be credible by the
Department can such an allegation or complaint result in any negative action or
discipline.
005.07
Complaint of Allegedly Improper Unlicensed Care
The Department will investigate any complaint of a person
allegedly providing child care without an appropriate license. The Department
will accept complaints from anyone via telephone, letter, fax, or
electronically. The identity of a complainant is not public information.
The Department may request enforcement by the Attorney
General or the appropriate County Attorney if a person continues to provide a
child care program without a license.
005.08
Inspection by Other
Entities
1-005.08A
Fire Inspection: The Department will make a fire
inspection referral when:
1. An application is
received for an initial Family Child Care Home I license;
2. There is a change in address;
3. The licensee is using areas of the home
that were not approved for the care of children;
4. There is a change in hours to include
overnight care;
5. There is a
complaint specific to fire safety issues; or
6. Department staff observe conditions that
may endanger the health or safety of children in care.
1-005.08B
Sanitation
Inspection: The Department will make a sanitation inspection
referral when:
1. There is a complaint
specific to sanitation issues; or
2. Department staff observe conditions that
may endanger the health or safety of children in care.
