Current through September 17, 2024
To determine compliance with licensing regulations, the
Department will inspect Family Child Care Home II programs as provided under
the Child Care Licensing Act.
005.01
Initial Licensure Inspection:
The Department will:
1. Schedule the date and time of the
inspection visit with the applicant and/or the applicant's designee;
2. Conduct an on-site inspection to determine
compliance with licensing regulations within 30 days of receipt of a completed
application for a provisional license; and
3. Provide a preliminary copy of the
compliance report to the applicant and/or the applicant's designee.
005.02
Provisional-to-Operating License Inspection:
The Department will:
1. Conduct an unannounced on-site inspection
to determine compliance with these regulations;
2. Conduct the inspection within 30 days of
receipt of a completed application for an operating license;
3. Provide a preliminary copy of the
compliance report to the applicant and/or designee at the conclusion of the
inspection; and
4. Document any
violations of these regulations determined at the inspection.
005.03
Annual License
Inspection:
The Department will conduct an unannounced inspection each
year to assess compliance with licensing regulations.
005.04
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.
005.05
Monitoring Inspection:
The Department may conduct unannounced monitoring inspections
to determine compliance with regulations and the conditions of any negative
action or discipline.
005.06
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 that 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
2-004.04).
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.
005.07
Complaint
Investigations:
The Department will investigate any licensed child care
center 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.
005.08
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.
005.09
Inspection by Other
Entities:
2-005.09A
Fire Inspection: The Department will make a fire
inspection referral when:
1. An application is
received for an initial Family Child Care Home II 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.
2-005.09B
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.
