Chapter 5 consisting of Sections R9-5-101, R9-5-201 through R9-5-211, R9-5-301 through R9-5-308, R9-5-401 through R9-5-404, R9- 5-501 through R9-5-222, R9-5-601 through R9-5-614 adopted effective December 12, 1986. Former Chapter 5 consisting of Sections R9-5-110 through R9-5-113, R9-5-211 through R9-5-218, R9-5-311 through R9-5-313, R9-5- 411 through R9-5-425 repealed effective December 12, 1986. Heading of Chapter permanently changed from "Department of Health Services - Day Care Centers" to "Department of Health Services - Child Care Facilities" effective October 4, 1990 (Supp. 90-4). Heading of Chapter changed by emergency action from "Department of Health Services - Day Care Centers" to "Department of Health Services - Child Care Facilities" effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3).
In this Chapter, unless otherwise specified:
1. "Abuse" has the same meaning as in A.R.S. § 8-201.
2. "Accident" means an unexpected occurrence that:
a. Causes physical injury to a child,
b. Requires attention from a staff member, and
c. May or may not be an emergency.
3. "Accommodation school" has the same meaning as in A.R.S. § 15-101.
4. "Accredited" means approved by the:
a. New England Association of Schools and Colleges,
b. Middle States Association of Colleges and Secondary Schools,
c. North Central Association of Colleges and Schools,
d. Northwest Association of Schools and Colleges,
e. Southern Association of Colleges and Schools, or
f. Western Association of Schools and Colleges.
5. "Activity" means an action planned by a licensee and performed by a child while supervised by a staff member.
6. "Activity area" means a specific indoor or outdoor space or room of a licensed facility that is designated by a licensee for use by enrolled children for activities.
7. "Adaptive device" means equipment used to augment an individual's use of the individual's arms, legs, sight, hearing, or other physical part or function.
8. "Adult" means an individual who is at least 18 years of age.
9. "Age-appropriate" means consistent with a child's age and age-related stage of physical growth and mental development.
10. "Agency" means any board, commission, department, office, or other administrative unit of the federal government, the state, or a political subdivision of the state.
11. "Applicant" means an individual or business organization requesting one of the following:
a. An initial or renewal license, or
b. Approval of a change affecting a license under R9-5-206.
12. "Application" means the documents that an applicant is required to submit to the Department for licensure or approval of a request for a change affecting a license.
13. "Assistant teacher-caregiver" means a staff member who, for compensation, aids a teacher-caregiver in planning, developing, or conducting child care activities.
14. "Association or cooperative" means a group of individuals other than a corporation, limited liability company, partnership, joint venture, or public school who have established a governing board and bylaws to operate a facility.
15. "Beverage" means a liquid for drinking, including water.
16. "Business organization" means an entity such as an unincorporated association, a corporation, a limited liability company, a partnership, or a governmental entity.
17. "Calendar week" means a seven-day period beginning on Sunday at 12:00 a.m. and ending on Saturday at 11:59 p.m.
18. "C.C.P." means Certified Childcare Professional, a credential awarded by the National Child Care Association to an individual who has successfully completed a test of ability to work effectively with children.
19. "C.D.A." means Child Development Associate, a credential awarded by the Child Development Associate National Credentialing Program to an individual who has successfully completed a test of ability to work effectively with children.
20. "Change in ownership" means a transfer of controlling legal or controlling equitable interest and authority in a facility resulting from a sale or merger of a facility.
21. "Charter school" has the same meaning as in A.R.S. § 15- 101.
22. "Child" means the same as in A.R.S. § 36-881.
23. "Child care" has the same meaning as in A.R.S. § 36-881.
24. "Child care experience" means an individual's documented work with children in:
a. A child care facility or a child care group home that is licensed, certified, or approved by a state in the United States or by one of the Uniformed Services of the United States;
b. A public school, a charter school, a private school, or an accommodation school;
c. A public or private educational institution authorized under the laws of another state where instruction was provided for any grade or combination of grades between pre-kindergarten and grade 12; or
d. One of the following professional fields:
25. "Child care services" means the range of activities and programs provided by a licensee to a child, including personal care, supervision, education, guidance, and transportation.
26. "Child Protective Services" means the Child Protective Services Program of the Arizona Department of Economic Security.
27. "Child with special needs" means:
a. A child with a health care provider's diagnosis and record of a physical or mental condition that substantially limits the child in providing self-care or performing age-appropriate manual tasks or any other major life function such as walking, seeing, hearing, speaking, breathing, or learning;
b. A child with a "developmental disability" as defined in A.R.S. § 36-551; or
c. A "child with a disability" as defined in A.R.S. § 15- 761.
28. "Clean" means to remove dirt or debris by methods such as washing with soap and water, vacuuming, wiping, dusting, or sweeping.
29. "Closely related field" means any educational instruction or occupational experience pertaining to the growth, development, physical or mental care, or education of children.
30. "Communicable disease" has the same meaning as in A.A.C. R9-6-101.
31. "Compensation" means money or other consideration, including goods, services, vouchers, time, or another benefit, that is received as payment.
32. "Controlling person" means a person who:
a. Through ownership has the power to vote at least 10% of the outstanding voting securities.
b. If the applicant or licensee is a partnership, is the general partner or a limited partner who holds at least 10% of the voting rights of the partnership.
c. If the applicant or licensee is a corporation, an association or a limited liability company, is the president, the chief executive officer, the incorporator, an agent, or any person who owns or controls at least 10% of the voting securities.
d. Holds a beneficial interest in 10% or more of the liabilities of the applicant or the licensee.
33. "Corporal punishment" means any physical action that inflicts pain to the body of a child, or that may result in physical injury to a child.
34. "C.P.C." means Certified Professional in Childcare, a credential awarded by the National Early Care and Education Association to an individual who has successfully completed a test of ability to work effectively with children.
35. "CPR" means cardiopulmonary resuscitation.
36. "Credit hour" means an academic unit earned at an accredited college or university by attending a one-hour class session each calendar week during a semester or equivalent shorter course term or completing equivalent practical work as part of a course.
37. "Days" means calendar days, not including the day of the act, event, or default from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, or legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.
38. "Designated agent" means an individual who is:
b. A United States citizen or legal resident alien;
d. Authorized by an applicant or licensee to receive communications, including service of process, from the Department and to file and sign documents for the applicant or licensee.
39. "Developmentally appropriate" means consistent with a child's physical, emotional, social, cultural, and cognitive development, based on the child's age and family background and the child's personality, learning style, and pattern and timing of growth.
40. "Discipline" means to correct a child's behavior that does not meet generally accepted levels of social behavior.
41. "Emergency" means a potentially life-threatening occurrence involving a child or staff member that requires an immediate response or medical treatment.
42. "Endanger" means to expose an individual to a situation where physical or mental injury to the individual may occur.
43. "Enrolled" means placed by a parent and accepted by a licensee for child care services.
44. "Evening and nighttime care" means child care services provided between the hours of 8:00 p.m. and 5:00 a.m.
45. "Facility" means "child care facility" as defined in A.R.S. § 36-881.
46. "Facility director" means an individual meeting the qualifications in R9-5-401(1) who is designated by a licensee as the individual responsible for the daily onsite operation of a facility.
47. "Facility premises" means property that is:
a. Designated on an application for a license by the applicant, and
b. Licensed for child care services by the Department under A.R.S. Title 36, Chapter 7.1, Article 1 and these rules.
48. "Field trip" means an activity planned by a staff member for:
a. Preschool children off facility premises, or
b. School-age children off facility premises or school campus.
49. "Final construction drawings" means facility plans that include the architectural, structural, mechanical, electrical, fire protection, plumbing, and technical specifications of the physical plant and the facility premises and that have been approved by local government for the construction or modification of a facility.
50. "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
51. "Food preparation" means processing food for human consumption by cooking or assembling the food, but does not include distributing prepackaged food or whole fruits or vegetables.
52. "Full-day care" means child care services provided for six or more hours per day between the hours of 5:00 a.m. and 8:00 p.m.
53. "Guidance" means the ongoing direction, counseling, teaching, or modeling of generally accepted social behavior through which a child learns to develop and maintain the self-control, self-reliance, and self-esteem necessary to assume responsibilities, make daily living decisions, and live according to generally accepted social behavior.
54. "Hazard" means a source of endangerment.
55. "Health care provider" means a physician; physician assistant; nurse; registered nurse practitioner; state board licensed, registered, or certified psychologist; or state board licensed, registered, or certified occupational, physical, or respiratory therapist.
56. "High school equivalency diploma" means:
a. A document issued by the Arizona Department of Education under A.R.S. § 15-702 to an individual who passes a general educational development test or meets the requirements of A.R.S. § 15-702(B);
b. A document issued by another state to an individual who passes a general educational development test or meets the requirements of a state statute equivalent to A.R.S. § 15-702(B); or
c. A document issued by another country to an individual who has completed that country's equivalent of a 12th grade education, as determined by the Department based upon information obtained from American or foreign consulates or embassies or other governmental entities.
57. "Hours of operation" means the specific time during a day for which a licensee is licensed to provide child care services.
58. "Illness" means physical manifestation or signs of sickness, such as pain, vomiting, rash, fever, discharge, or diarrhea.
a. A child 12 months of age or younger, or
b. A child 18 months of age or younger who is not yet walking.
60. "Infant care" means child care services provided to an infant.
61. "Infestation" means the presence of lice, pinworms, scabies, or other parasites.
a. Onsite examination of a facility by the Department to determine compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules;
b. Onsite review of facility records or reports by the Department; or
c. Onsite examination of a facility by a local governmental entity.
63. "Lesson plan" means a written description of the activities scheduled in each activity area for a day.
64. "License" means the written authorization issued by the Department to operate a facility in Arizona.
65. "Licensed capacity" means the maximum number of children for whom a licensee is authorized by the Department to provide child care services in a facility or a part of a facility at any given time.
66. "Licensee" means a person, as defined by A.R.S. § 36- 881, to whom the Department has issued a license to operate a facility in Arizona.
67. "Local" means under the jurisdiction of a city or county in Arizona.
68. "Mat" means a foam pad that has a waterproof cover and is of sufficient size and thickness to accommodate the height, width, and weight of a reclining child's body.
69. "Medication" means a substance prescribed by a physician, physician assistant, or registered nurse practitioner or available without a prescription for the treatment or prevention of illness or infestation.
a. A written description of the food that a facility provides and serves as a meal or snack, or
b. The combination of food that a facility provides and serves as a meal or snack.
71. "Modification" means an alteration or addition to the physical plant of a licensed facility that may require a permit issued by local government.
72. "Motor vehicle" has the same meaning as in A.R.S. § 28 - 101.
73. "N.A.C." means the National Administrator Credential, a credential issued by the National Child Care Association to an individual who has successfully completed a test of ability to work effectively with children as a director of a child care facility.
74. "Naptime" means any time during hours of operation, other than evening and nighttime hours, that is designated by a licensee for the rest or sleep of children.
75. "Neglect" has the same meaning as in A.R.S. § 8-201.
76. "Nurse" means an individual who is:
a. Licensed under A.R.S. Title 32, Chapter 15 as a practical nurse or as a registered, graduate, or professional nurse; or
b. Licensed as a practical nurse or a registered nurse under the law of another state.
77. "One-year-old" means a child who is at least 12 months of age but not yet two years of age.
78. "One-year-old child care" means child care services provided to a one-year-old.
a. A natural or adoptive mother or father,
b. A legal guardian appointed by a court of competent jurisdiction, or
c. A "custodian" as defined in A.R.S. § 8-201.
80. "Part-day care" means child care services provided for fewer than six hours per day between the hours of 5:00 a.m. and 8:00 p.m.
81. "Perishable food" means food that becomes unfit for human consumption if not stored to prevent spoilage.
a. In Articles 2 through 6, the same as in A.R.S. § 36- 881; and
b. In Articles 7 through 10, an individual or a business organization.
83. "Personal reference" means an adult who is familiar with a director's or staff member's character due to observations made as a friend or acquaintance.
84. "Physical plant" means a building that houses a facility, or licensed areas within a building that houses a facility, including the architectural, structural, mechanical, electrical, plumbing, and fire protection elements of the building.
85. "Physician" means an individual licensed as a doctor of:
a. Allopathic medicine under A.R.S. Title 32, Chapter 13;
b. Naturopathic medicine under A.R.S. Title 32, Chapter 14;
c. Osteopathic medicine under A.R.S. Title 32, Chapter 17;
d. Homeopathic medicine under A.R.S. Title 32, Chapter 29; or
e. Allopathic, naturopathic, osteopathic, or homeopathic medicine under the law of another state.
86. "Physician assistant" means:
a. An individual who is licensed under A.R.S. Title 32, Chapter 25; or
b. An individual who is licensed as a physician assistant under the law of another state.
87. "Preparing food" means processing food for human consumption by cooking or assembling the food, but does not include distributing prepackaged food or whole fruits or vegetables.
88. "Private pool" has the same meaning as "private residential swimming pool" in R9-8-801.
89. "Private school" has the same meaning as in A.R.S. § 15- 101.
90. "Professional reference" means an adult who is familiar with a director's or staff member's work abilities due to observations made as a supervisor or leader in a business, school, church, or other organizational setting.
91. "Program" means a variety of activities organized and conducted by a staff member.
92. "Public pool" has the same meaning as "public swimming pool" in R9-8-801.
93. "Public school" means a government-operated educational institution established for the purpose of offering instruction to pupils in programs for preschool children, kindergarten programs, or any combination of grades one through 12.
94. "Registered nurse practitioner" means:
i. Is licensed as a registered, graduate, or professional nurse under A.R.S. Title 32, Chapter 15;
ii. Is certified by the Arizona State Board of Nursing through its rules for extended nursing practice; and
iii. Has completed a nurse practitioner education program approved or recognized by the Arizona State Board of Nursing; or
b. An individual who is licensed as a registered nurse practitioner under the law of another state.
95. "Regular basis" means at recurring, fixed, or uniform intervals.
a. In reference to residency in a child care facility, an individual who does not work in the child care facility, but who uses the child care facility as the individual's principal place of habitation for 30 days or more during the calendar year; and
b. In reference to residency in Arizona, the same as in A.R.S. § 43-104.
97. "Sanitize" means to use heat, chemical agents, or germicidal solutions to disinfect and reduce pathogen counts, including bacteria, viruses, mold, and fungi.
98. "School-age child" means a child who:
a. Meets one of the following:
i. Is five years old on or before January 1 of the current school year, or
ii. Is five years old on or before January 1 of the most recent school year; and
b. Meets one of the following:
i. Attends kindergarten or a higher level program in a public, charter, accommodation, or private school during the current school year;
ii. Attended kindergarten or a higher level program in a public, charter, accommodation, or private school during the most recent school year;
iii. Is home-schooled at a kindergarten or higher level during the current school year; or
iv. Was home-schooled at a kindergarten or higher level during the most recent school year.
99. "School-age child care" means child care services provided to a school-age child.
100. "School campus" means the contiguous grounds of a public, charter, accommodation, or private school, including the buildings, structures, and outdoor areas available for use by children attending the school.
101. "School governing board" has the same meaning as "governing board" in A.R.S. § 15-101.
102. "Semi-public pool" has the same meaning as "semipublic swimming pool" in R9-8-801.
103. "Service classification" means one of the following:
c. Evening and nighttime care,
e. One-year-old child care, or
104. "Signed" means affixed with an individual's signature or with a symbol representing an individual's signature if the individual is unable to write the individual's name.
105. "Space utilization" means the designated use of an area within a facility for specific child care services or activities.
106. "Staff" or "staff member" or "child care personnel" means an individual who works in a facility, regardless of whether compensation is received by the individual.
107. "STRIVE" means Family, Career, and Community Leaders of America, formerly known as Students Together Rising in Vocational Education, a career and technical student organization authorized by the Arizona Department of Education.
108. "Student-aide" means an individual less than 16 years of age who is enrolled in an educational, curriculum-based course of study and who, without being compensated by a licensee, is present at a facility to receive instruction from and supervision by child care personnel in the provision of child care services.
109. "Substantial compliance" means that the nature or number of violations revealed by any type of inspection or investigation of an applicant for licensure or a licensed child care facility does not pose a direct risk to the life, health, or safety of children.
a. The physical presence of a facility director or staff member who has responsibility for and is within sight and sound of an enrolled child, or
b. The physical presence of a facility director or teacher-caregiver who is providing direction to and is within sight and sound of a staff member or student- aide.
111. "Swimming pool" has the same meaning as in R9-8-801.
112. "Teacher-caregiver" means a staff member responsible for developing, planning, and conducting child care activities.
113. "Training" means child care-related conferences, seminars, lectures, workshops, classes, courses, or instruction required by the Department of a licensee or staff member.
114. "Volunteer" means a staff member who works in a facility without compensation.
Adopted effective December 12, 1986 (Supp. 86-6). Amended by adding a new paragraph (16) and renumbering accordingly effective July 7, 1988 (Supp. 88-3). Amended as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency amendments readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency amendments readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency expired. Emergency amendments readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency amendments readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency amendments permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Amended effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Amended by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).
When an applicant or licensee is required by this Chapter to provide information on or sign documents, possess a fingerprint clearance card, or complete Department-provided training, the following shall satisfy the requirement on behalf of the applicant or licensee:
1. If the applicant or licensee is an individual, the individual;
2. If the applicant or licensee is a corporation, an officer of the corporation;
3. If the applicant or licensee is a partnership, two of the partners;
4. If the applicant or licensee is a limited liability company, a manager or, if the limited liability company does not have a manager, a member of the limited liability company;
5. If the applicant or licensee is an association or cooperative, two members of the governing board of the association or cooperative;
6. If the applicant or licensee is a joint venture, two of the individuals signing the joint venture agreement;
7. If the applicant or licensee is a public school, an individual designated in writing as signatory for the public school by the school governing board or school district superintendent;
8. If the applicant or licensee is a charter school, the person approved to operate the charter school by the district governing board, the Arizona Board of Education, or the Arizona Board for Charter Schools;
9. If the applicant or licensee is a governmental agency, the individual in the senior leadership position with the agency or an individual designated in writing by that individual; and
10. If the applicant or licensee is a business organization type other than those described in subsections (2) through (9), two individuals who are members of the business organization.
New Section made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Amended by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).
A. An applicant for a license shall:
1. Be at least 18 years of age;
2. If an individual, be a U.S. citizen or legal resident alien and a resident of Arizona;
3. If a corporation, association, or limited liability company, be a domestic entity or a foreign entity qualified to do business in Arizona;
4. If a partnership, have at least one partner who is a U.S. citizen or legal resident alien and a resident of Arizona;
5. Submit to the Department an application that includes:
a. A notarized application form signed by the applicant stating:
ii. The facility's name, street address, mailing address, and telephone number;
iii. The applicant's type of business organization;
iv. The name and business or residential address of each controlling person;
v. That no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state;
vi. That no controlling person has had a certificate to operate a child care group home or a license to operate a child care facility revoked in this state or another state for reasons that relate to endangerment of the health and safety of children;
vii. Whether the applicant agrees to allow the Department to submit supplemental requests for information; and
viii. That the applicant has read and will comply with these rules and declares that the information provided in the application is accurate and complete;
b. If the applicant is a business organization, an Attachment to Application including the following organizational information about the applicant:
i. The address of the business organization;
ii. The name, title, and address of each officer and board member or trustee; and
iii. A copy of the business organization's articles of incorporation, articles of organization, or partnership or joint venture documents, if applicable;
c. A copy of the applicant's valid class one or class two fingerprint clearance card issued according to A.R.S. § 41-1758.03;
d. A Criminal History Affidavit Class I or Class II completed by the applicant and including the information required by A.R.S. § 36-883.02;
e. A certificate issued by the Department showing that the applicant has completed at least four hours of Department-provided training that included the Department's role in licensing and regulating child care facilities under A.R.S. Title 36, Chapter 7.1, Article 1 and these rules;
f. If the applicant is an individual, a copy of one of the following for the applicant:
iii. Naturalization documents, or
iv. Documentation of legal resident alien status;
g. If the applicant is a corporation or a limited liability company, a certificate of good standing issued to the applicant by the Arizona Corporation Commission and dated within six months before the date of application;
h. If the applicant is a partnership or an association, a copy of one of the following for one partner or association member of the applicant:
iii. Naturalization documents, or
iv. Documentation of legal resident alien status;
i. The following information about the applicant's designated agent:
ii. Residential and business addresses;
iii. Residential and business telephone numbers; and
iv. Residential and business fax numbers, if any;
j. A copy of one of the following for the applicant's designated agent:
iii. Naturalization documents, or
iv. Documentation of legal resident alien status;
k. The documents required by R9-5-607;
l. An Applicant, Staff, and Resident Report Form, including the applicant's name and address; a statement that the information on the form is accurate and complete; the dated signature of the applicant; and the following information about the applicant, each staff member, and each resident:
ii. Social security number or identification number issued by the U.S. Immigration and Naturalization Service;
v. Job title, if a staff member, or relationship to the applicant or director, if a resident;
vi. Date of high school diploma or high school equivalency diploma, if applicable; and
vii. Information demonstrating each individual's compliance with A.R.S. § 36-883.02;
m. An Agricultural Land Notification Form, including:
i. The facility's name and address;
ii. Whether the facility is located within one fourth mile of agricultural land; and
iii. If the facility is located within one-fourth mile of agricultural land, the names and addresses of the owners or lessees of all agricultural land located within one-fourth mile of the facility;
n. If the facility is located within one-fourth mile of agricultural land, and a child care facility has not previously been licensed at the same location, a copy of an agreement complying with A.R.S. § 36- 882(D) for each parcel of agricultural land affected;
o. A Director Qualifications Form completed by the individual that the applicant intends to have serve as facility director, including:
i. The name of the individual;
ii. The facility's name, address, and telephone number;
iii. A statement that the individual is at least 21 years of age, will accept the primary responsibility for the daily administration and operation of the facility, and possesses the minimum qualifications required by R9-5-401;
iv. An indication of the individual's credentials or academic experience complying with R9-5-401;
v. A list of the individual's qualifying child care experience, including beginning and ending dates; positions held; each facility's name, address, and telephone number; a description of the experience at each facility; and the number of hours per week worked at each facility;
vi. A copy of the individual's diploma or transcript from each high school, college, university, or other educational facility attended by the individual, showing the name and location of the educational facility; the course of study pursued at the educational facility; the date of any diploma or degree attained at the educational facility; and the number of credit hours completed or the diploma or degree attained at the educational facility;
vii. A copy of the certificate of attendance from each child-care workshop attended by the individual; viii. A statement that the individual has provided the licensee with the names, addresses, and telephone numbers of two professional references and two personal references and with at least one written professional reference and one written personal reference;
ix. A statement that the information in the Director Qualifications Form is accurate and complete; and
x. The signature of the individual; and
p. The fee required by A.R.S. § 36-882.
B. The Department requires a separate license and a separate application for:
1. Each facility owned by the same person at a different location, and
2. Each facility owned by a different person at the same location.
C. The Department does not require a separate application and license for a structure that is:
1. Located so that the structure and the facility:
a. Share the same street address, or
b. Can be enclosed by a single unbroken boundary line that does not encompass property owned or leased by another;
2. Under the same ownership as the facility; and
3. Intended to be used as a part of the facility.
Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).
A. The overall time-frame described in A.R.S. § 41-1072 for each type of approval granted by the Department under this Article is listed in Table 1. The applicant and the Department may agree in writing to extend the substantive review time-frame and the overall time-frame. An extension of the substantive review time-frame and the overall time-frame may not exceed 25% of the overall time-frame.
B. The administrative completeness review time-frame described in A.R.S. § 41-1072 for each type of approval granted by the Department under this Article is listed in Table 1 and begins on the date that the Department receives an application.
1. The Department shall send a notice of administrative completeness or deficiencies to the applicant within the administrative completeness review time-frame.
a. A notice of deficiencies shall list each deficiency and the items needed to complete the application.
b. The administrative completeness review time-frame and the overall time-frame are suspended from the date that the notice of deficiencies is issued until the date that the Department receives all of the missing items from the applicant.
c. If an applicant for an initial license, a license renewal, or an approval of a change affecting a license fails to submit to the Department all of the items listed in the notice of deficiencies within 180 days after the date that the Department sent the notice of deficiencies, the Department shall consider the application withdrawn.
2. If the Department issues a license or other approval to the applicant during the administrative completeness review time-frame, the Department shall not issue a separate written notice of administrative completeness.
C. The substantive review time-frame described in A.R.S. § 41- 1072 is listed in Table 1 and begins on the date of the notice of administrative completeness.
1. As part of the substantive review for an initial license application or a license renewal application, the Department shall conduct an inspection that may require more than one visit to the facility.
2. As part of the substantive review for a request for approval of a change affecting a license that requires a change in the use of physical space at the facility, the Department shall conduct an inspection that may require more than one visit to the facility.
3. The Department shall send a license or a written notice of approval or denial of a license or other request for approval to an applicant within the substantive review time-frame.
4. During the substantive review time-frame, the Department may make one comprehensive written request for additional information, unless the Department and the applicant have agreed in writing to allow the Department to submit supplemental requests for information.
a. If the Department determines that an applicant or a facility is not in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules, the Department shall send a comprehensive written request for additional information that includes a written statement of deficiencies stating each statute and rule upon which noncompliance is based.
b. An applicant shall submit to the Department all of the information requested in the comprehensive written request for additional information and written documentation of the corrections required in the statement of deficiencies, if applicable:
i. Within 120 days after the date of the comprehensive written request for additional information, if applying for an initial license or for approval of a change affecting a license; or
ii. Within 10 days after the date of the comprehensive written request for additional information, if applying for a license renewal.
c. The substantive review time-frame and the overall time-frame are suspended from the date that the Department issues a comprehensive written request for additional information or a supplemental request for information until the date that the Department receives all of the information requested, including documentation of corrections required in a statement of deficiencies, if applicable.
d. If an applicant fails to submit to the Department all of the information requested in a comprehensive written request for additional information or a supplemental request for information, including documentation of corrections required in a statement of deficiencies, if applicable, within the time prescribed in subsection (C)(4)(b), the Department shall deny the application.
5. The Department shall issue a license or approval if the Department determines that the applicant and facility are in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules, and the applicant submits documentation of corrections that is acceptable to the Department for any deficiencies.
6. If the Department determines that a license or approval is to be denied, the Department shall send to the applicant a written notice of denial complying with A.R.S. § 36-888 and stating the reasons for denial and all other information required by A.R.S. §§ 36-888 and 41-1076.
Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).
New Table made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).
A. A licensee shall ensure that each staff member and each adult resident at a facility:
1. Possesses a valid class one or class two fingerprint clearance card issued under A.R.S. § 41-1758.03; or
2. Submits to the licensee, within seven working days after becoming a staff member or adult resident, a copy of a fingerprint clearance card application showing that the application was submitted to the fingerprint division of the Department of Public Safety under A.R.S. § 41- 1758.02.
B. If a staff member or adult resident possesses a class one or class two fingerprint clearance card that was issued before the staff member or adult resident became a staff member or adult resident at the facility, the licensee shall contact the Department of Public Safety within seven working days after the individual becomes a staff member or adult resident to determine whether the class one or class two fingerprint clearance card is valid. The licensee shall make a record of this determination, including the name of the staff member or adult resident, the date of the contact with the Department of Public Safety, and whether the class one or class two fingerprint clearance card is valid.
C. A licensee shall not allow an individual to be a staff member or adult resident if the individual has been denied a class two fingerprint clearance card under A.R.S. Title 41, Chapter 12, Article 3.1 and has not received an interim approval under A.R.S. § 41-619.55(H).
D. A licensee shall not allow an individual to be a staff member or adult resident if the individual receives an interim approval under A.R.S. § 41-619.55(H) but is then denied a good cause exception under A.R.S. § 41-619.55 and a class two fingerprint clearance card under A.R.S. Title 41, Chapter 12, Article 3.1.
E. A licensee shall ensure that each staff member and adult resident submits to the licensee an original of the form required in A.R.S. § 36-883.02(C). A form completed while a staff member or adult resident was a staff member or adult resident at another facility does not satisfy this subsection.
F. A licensee shall maintain documentation of compliance with this Section in each staff member's or adult resident's file throughout the time the individual is a staff member or adult resident and for 12 months after the individual ceases to be a staff member or adult resident.
Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).
A. The Department licenses child care facilities using the following service classifications:
3. Evening and nighttime care,
5. One-year-old child care, and
B. The Department shall designate on a facility's license each service classification that the facility is licensed to provide.
C. A licensee shall not provide child care services in a service classification for which the licensee is not licensed.
Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-204 repealed; new Section R9-5-204 renumbered from R9-5-205 and amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).
A. At least 45 days before the expiration date of a current license, an applicant for renewal of a license shall submit to the Department an application including:
1. A notarized application form signed by the applicant that includes:
b. The facility's name, street address, mailing address, and telephone number;
c. The applicant's type of business organization; and
d. A statement that the applicant has read and will comply with these rules and declares that the information provided in the application is accurate and complete;
2. An Attachment to Application including any changes to the information previously submitted as prescribed in R9- 5-201(A)(5); and
3. The fee required by A.R.S. § 36-882.
B. An applicant that submits the items required by subsection (A) later than 45 days before the expiration date of the current license shall pay to the Department the late filing fee required by A.R.S. § 36-882.
C. If an applicant submits the items required by subsection (A) and the fee required by subsection (B), if applicable, before the expiration date of the current license, the current license does not expire until the date specified in A.R.S. § 41-1092.11(A).
Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-205 renumbered to R9-5-204; new Section R9-5-205 renumbered from R9-5-206 and amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).
A. At least 30 days before the date of a change in a facility's name, a licensee shall send the Department written notice of the name change. Within 30 days after the date of receipt of the notice, the Department shall issue an amended license that incorporates the name change but retains the expiration date of the current license.
B. At least 30 days before the date of an intended change in a facility's service classification, space utilization, or licensed capacity, a licensee shall submit a written request for approval of the change to the Department. The written request shall include:
2. The facility's name, street address, mailing address, and telephone number;
3. The name, telephone number, and fax number of a point of contact for the request;
4. The facility's license number;
5. The type of change intended:
6. A narrative description of the intended change; and
7. The following additional information, as applicable:
a. If the intended change affects individual rooms, the following information about each affected room:
iv. Ages of the children to receive care in the room,
v. Maximum number of children to receive care in the room, and
vi. Whether the room has a diaper changing area;
b. If the intended change is to increase licensed capacity, the square footage of the outdoor activity area; and
c. If the intended change includes a modification to a licensed facility, the following, as applicable:
i. If the facility is not located in a public school, a set of final construction drawings, in compliance with R9-5-607(B);
ii. If the facility is located in a public school and provides child care for children younger than school-age children, a set of final construction drawings or a school map, in compliance with R9-5-607(C);
iii. If the facility is located in a public school and provides child care only for school-age children, two sets of final construction drawings or two school maps, in compliance with R9-5- 607(D); and
iv. If the facility is a factory-built building, the documents required by R9-5-607(E).
C. The Department shall review a request submitted under subsection (B) according to R9-5-202. If the facility will be in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules with the intended change, the Department shall send the licensee an amended license that incorporates the change but retains the expiration date of the current license.
D. A licensee shall not implement any change described under subsection (B) until the Department issues an amended license.
E. At least 30 days before the date of a change in the ownership of a facility, a licensee shall send the Department written notice of the change. A new owner shall obtain a new license as prescribed in R9-5-201 before the new owner begins operating the facility.
F. A licensee changing a facility's location shall apply for a new license as prescribed in R9-5-201.
G. Within 30 days after the election of a new officer to the business organization, the election of a new director to the board of directors for the business organization, or a change in a controlling person, a licensee shall send the Department written notice of the change. The written notice shall include:
2. A description of the change made;
3. The following information about each controlling person:
b. Business or residential address;
4. A statement that no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state;
5. A statement that no controlling person has had a certificate to operate a child care group home or a license to operate a child care facility revoked in this state or another state for reasons that relate to endangerment of the health and safety of children;
6. A statement that the information provided in the written notice is accurate and complete; and
7. The notarized signature of the licensee.
H. Within 30 days after changing its designated agent, a licensee shall send the Department written notice of the change, to include:
1. The name of the new designated agent;
2. The residential and business addresses of the new designated agent; and
3. A copy of one of the following for the new designated agent:
c. Naturalization documents, or
d. Documentation of legal resident alien status.
Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-206 renumbered to R9-5-205; new Section R9-5-206 renumbered from R9-5- 207 and amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).
A. Except as provided in subsection (B), within 10 days before changing a facility director, a licensee shall send the Department written notice of the change.
B. If a licensee is not aware of a change in facility director 10 days before the effective date of the change, the licensee shall send the Department written notice within 48 hours after becoming aware of the change.
C. The written notice shall include a Director Qualifications Form completed as required by R9-5-201(A)(5)(o).
Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-207 renumbered to R9-5-206; new Section R9-5-207 made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).
A. The Department shall inspect each facility before issuing an initial license or a renewal license and as often as necessary to determine compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules. A licensee shall allow access to all areas of the facility affecting the health, safety, or welfare of an enrolled child or to which an enrolled child has access during hours of operation.
B. If the Department receives written or verbal information alleging a violation of A.R.S. Title 36, Chapter 7.1, Article 1 or these rules, the Department shall conduct an investigation. A licensee shall permit the Department to interview staff members, residents, and enrolled children as part of an investigation.
Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).
A. The Department may deny, revoke, or suspend a license to operate a facility if an applicant or licensee:
1. Provides false or misleading information to the Department;
2. Has been denied a certificate or license to operate a child care home or a certificate or license to operate a child care facility in any state, unless the denial was based on the applicant's failure to complete the certification or licensing process according to a required time-frame;
3. Has had a certificate or license to operate a child care home or a certificate or license to operate a child care facility revoked or suspended in any state;
4. Has been denied a fingerprint clearance card or has had a fingerprint clearance card revoked under A.R.S. Title 41, Chapter 12, Article 3.1;
5. Fails to substantially comply with any provision in A.R.S. Title 36, Chapter 7.1, Article 1 or these rules; or
6. Substantially complies with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules, but refuses to carry out a plan acceptable to the Department to eliminate any deficiencies.
B. In determining whether to deny, suspend, or revoke a license, the Department shall consider the threat to the health and safety of children in a facility based on such factors as:
1. Repeated violations of statutes or rules,
2. A pattern of non-compliance,
4. The severity of each violation, and
Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).
Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (A) effective July 7, 1988 (Supp. 88-3). Repealed effective October 17, 1997 (Supp. 97-4).
Adopted effective December 12, 1986 (Supp. 86-6). Repealed effective October 17, 1997 (Supp. 97-4).
A. A licensee is responsible for the compliance of a facility with A.R.S. § 36-881 et seq. and these rules. The licensee shall designate a facility director who acts on behalf of the licensee and is responsible for the daily on-site operation of a facility. A licensee shall ensure that a facility director:
1. Designates in writing, an individual to act on behalf of the facility director when the facility director is not present in the facility and that the individual has access to all records necessary for performance of the facility director's duties.
a. The individual shall be 21 years of age or older and provide documentation of:
i. High school or high school equivalency diploma and six credit hours or more in early childhood, child development, or closely related field in an accredited college or university, or 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in the areas of early childhood, child development, or closely related field, and 12 months or more of child care experience;
ii. N.A.C., C.D.A., C.C.P., or C.P.C. credential and at least 12 months of child care experience;
iii. A minimum of 24 credit hours from an accredited college or university, including at least six credit hours of course work in the areas of early childhood, child development, or closely related field, and 12 months of child care experience;
iv. Associate degree from an accredited college or university in the areas of early childhood, child development, or closely related field, and six months of child care experience; or
v. Bachelor degree from an accredited college or university in the areas of early childhood, child development, or closely related field, and 3 months of child care experience.
b. A licensee has 12 months from the effective date of these rules to comply with this requirement.
2. Supervises or assigns a teacher-caregiver to supervise each staff member that does not meet the qualifications of R9-5-401(2) and each student-aide;
3. Prepares a dated attendance record for each day and ensures that each staff member records on the attendance record the time of each arrival and departure of the staff member.
B. A licensee shall develop and implement written facility policies and procedures required for the daily on-site operation of the facility as prescribed in A.R.S. § 36-881 et seq. and these rules.
C. A licensee shall ensure that parents are informed that they have access to all areas of a facility where child care services are provided during hours of operation and that parents are permitted to participate in any child care activity.
D. A licensee shall ensure that the following individuals are allowed immediate access to facility premises during hours of operation:
1. A parent or an individual designated in writing by the parent; or
c. Child Protective Services, or
d. Local fire department or State Fire Marshal.
E. A licensee shall, with the exception of individuals listed in subsection (D), ensure that a staff member accompany and monitor any individual not registered with the Department, as prescribed by A.R.S. § 36-883.02, who is on facility premises to provide repair, maintenance, supplemental education, or other services where children are present.
F. A licensee shall ensure that each staff member and individual who is a resident at the facility submits one of the following documents provided by a health care provider as evidence of current freedom from pulmonary tuberculosis:
1. A report of a negative Mantoux skin test administered to a resident at the facility or to a staff member no later than 12 hours after the starting date of employment; or
2. A physician's written statement that the staff member or the individual who is a resident in the facility is currently free from tuberculosis.
G. If an enrolled child has an accident, injury, or emergency that requires medical treatment by a health care provider while attending a facility, the licensee shall ensure that a staff member:
1. Notifies the child's parent immediately after the accident, injury, or emergency;
2. Documents the date, time, and location of the child's accident, injury, or emergency, the method used to notify the parent, and the time the parent was notified; and
3. Maintains documentation of the accident, injury, or emergency on facility premises in a file that is separate from the current Emergency, Information, and Immunization card for 24 months from the date of the child's disenrollment.
H. A licensee shall ensure that at least one staff member who has current training in first aid and at least one staff member who has current training in CPR, as required by R9-5-403(E), is present at all times on facility premises, on field trips or while transporting enrolled children in a facility's motor vehicle or a vehicle designated by the licensee to transport children. This requirement may be met by a single staff member who has current training in both first aid and CPR.
I. A licensee shall prohibit the use or possession of the following items when an enrolled child is on facility premises, during hours of operation, or in any motor vehicle when used by the licensee for transportation of enrolled children:
1. Any beverage containing alcohol;
2. A controlled substance as listed in A.R.S. Title 36, Chapter 27, Article 2;
3. A dangerous drug as listed in A.R.S. § 13-3401(6);
4. A prescription medication as defined in A.R.S. § 32- 1901(63) except where used in the manner prescribed; or
5. A firearm as defined by A.R.S. § 13-105(17).
J. At least once every 30 days and at different times of the day, a licensee shall ensure that an unannounced fire evacuation drill is conducted that includes each staff member and child at the facility.
1. If child care services for a child with special needs are provided at a facility, the licensee shall provide for the child's participation in each fire evacuation drill in accordance with the child's individualized plan as specified in R9-5-507(A)(1).
2. A licensee shall keep a written record of each fire evacuation drill on facility premises for 12 months from the date of the drill.
K. A licensee shall ensure that a written performance evaluation of each staff member is conducted every 12 months from the date of employment.
Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).
A. A licensee shall prepare a written statement regarding child care services that includes:
1. A description of the facility's child care services classifications in R9-5-205;
3. Child enrollment and disenrollment procedures;
4. Charges, fees, and payment requirements for child care services;
5. Child admission and release requirements;
6. Discipline guidelines and methods;
8. Field trip requirements and procedures;
9. Responsibilities and participation of parents in facility activities;
10. A description of all activities and programs;
11. Liability insurance required by R9-5-308 that is carried by the licensee;
12. Medication administration procedures;
13. Emergency medical procedures;
14. A notice stating inspection reports are available, upon request; and
15. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department's address and telephone number.
B. A licensee shall provide a copy of the written statement of child care services:
a. At the time the licensee's facility receives an initial license,
b. Every 12 months from the date of the initial license as required by A.R.S. § 36-883.01, and
c. When a change occurs in the child care services provided by the licensee; and
a. A parent's child is enrolled,
b. A parent requests a copy of the written statement of child care services, or
c. There is a change in the child care services provided by the licensee.
Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (A) effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).
A. A licensee shall designate a wall area or notice board inside the facility's entrance, in a place that can be viewed by individuals entering or leaving the facility, for the posting of the:
3. Name of the individual designated as prescribed by R9-5-301(A)(1) to act on behalf of the facility director when the facility director is not present in the facility;
4. Schedule of child care services fees and policy for the refund of fees as prescribed by A.R.S. § 36-882(K);
5. Breakfast, lunch, dinner, and snack menus for each calendar week at the beginning of the calendar week;
6. Notice of the presence of any communicable disease or infestation described in R9-6-202(C) from the date of discovery through the incubation period of the disease or infestation;
7. Notice of denial, revocation or suspension as prescribed by A.R.S. § 36-888;
8. Notice of an intermediate sanction imposed as prescribed by A.R.S. § 36-891.01;
9. Notice of legal injunction imposed as prescribed by A.R.S. § 36-886.01; and
10. Notice of the availability of facility inspection reports for public viewing.
B. A licensee shall ensure that the licensed capacity of each activity area or room is posted in that activity area or room.
Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).
A. A licensee shall require that a child be enrolled by the child's parent or an individual authorized in writing by the parent.
B. At the time of enrollment, a licensee shall require a child's parent to complete an Emergency, Information, and Immunization Record card that is signed by a parent containing:
1. The child's name, home address, home telephone number, sex, and date of birth;
2. The date of the child's enrollment;
3. The names, home and business addresses, and telephone numbers of the child's parents;
4. The names, addresses, and telephone numbers of individuals authorized by a parent to collect a child from the facility if the parent cannot be located;
5. The names of individuals not permitted by a parent to remove the child from a facility;
6. The names, addresses, and telephone numbers of a child's physician or health care provider and hospital;
7. The written authorization and parent instructions for emergency medical care of the parent's child when the parent cannot be contacted at the time of the emergency;
8. The written instructions of a parent or health care provider for nutritional and dietary needs of a child;
9. A written record completed by a parent or health care provider noting a child's susceptibility to illness, physical conditions of which child care personnel should be aware, and any individual requirements for health maintenance; and
10. A child's immunization record or a notation of exemption affidavit, required by R9-5-305(A).
C. A licensee shall maintain a current Emergency, Information, and Immunization Record card for each enrolled child on facility premises in a place that provides child care personnel ready access to the card in event of an emergency at, or evacuation of, the facility.
D. When a child is disenrolled from a facility, the licensee shall:
1. Enter the date of disenrollment on the child's Emergency, Information, and Immunization Record card; and
2. Maintain the records in subsection (D)(1) for 12 months from the date of disenrollment on facility premises in a place separate from the current Emergency, Information, and Immunization Record cards. If a licensee is a school governing board, a charter school, or a person operating multiple child care facilities, the licensee may maintain disenrollment records in a single central administrative office located in the same city, town, or school attendance area as the facility.
Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).
A. A licensee shall not permit an enrolled child to attend a facility until the facility receives either a child's written immunization record or an exemption affidavit.
1. A child's immunization record provided by a parent shall contain the information required by A.A.C. R9-6-703 provided by a health care provider, stating that the child has received all current, age-appropriate immunizations required by the Department under A.A.C. R9-6-701(A) and (B).
2. An exemption affidavit provided by a parent shall consist of:
a. A statement, signed by a child's health care provider, that the immunizations required by the Department as prescribed in A.A.C. R9-6-701(A) and (B) would endanger a child's health or medical condition; or
b. A statement, signed by a child's parent, that the child is being raised in a religion whose teachings are in opposition to immunization.
B. A licensee shall ensure that a staff member updates a child's immunization record on the child's Emergency, Information, and Immunization Record card each time a parent provides the licensee with a written statement from a child's health care provider that the child has received an age-appropriate immunization required by R9-6-701(A) and (B).
C. If a child's immunization record indicates that a child has not received an age-appropriate immunization required by A.A.C. R9-6-701(A) and (B), a licensee shall ensure that a staff member:
1. Notifies a parent in writing that the child may attend the facility for not more than 15 days from the date of the notification unless the parent provides the facility with written evidence of the required immunization or an exemption affidavit as prescribed by subsection (A)(2); and
2. Documents in the child's immunization record the date on which a parent is notified of an immunization required by the Department.
D. If a licensee is notified by a parent, staff member, or health care provider, that a child or staff member has a communicable disease, the licensee shall ensure that child care personnel do not permit a child who lacks written evidence of immunity to the communicable disease to be present in the facility until:
1. A parent provides written evidence of the child's immunity to the disease; or
2. A local health department notifies the licensee that the child may return to the facility.
Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).
A. A licensee shall maintain a written or electronically logged and dated attendance form containing a child's name with the time of each admission and release of the child.
1. A licensee shall ensure that the attendance form is signed with at least a first initial