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How to Start a Daycare > Licensing, Rules & Regulations by State > Arkansas

START A DAYCARE IN ARKANSAS
LICENSING, REGULATIONS, LAWS

START A DAYCARE IN ARKANSAS LICENSING PROCEDURES
CHILD CARE ADMINISTRATION BEHAVIOR GUIDANCE
NUTRITION HEALTH
FIND A DAYCARE OR CHILD CARE IN ARKANSAS

Responsible in the administration of licensing for child care centers in Arkansas is the Arkansas Department of Health and Human Services. Specifically, the Division of Child Care and Early Childhood Education will investigate and inspect a proposed Child Care Center and the personnel affiliated thereto to determine if the facility adheres to the Child Care Facility Licensing Act and the Minimum Licensing Requirements for Child Care Centers.

This Primer only details out requirements for group child care. Requirements that apply for child care operated in a family home shall be referred to the Minimum Licensing Requirements for Day Care Family Homes.

The operation of a child care facility is subject to federal laws including compliance to Americans with Disabilities Act. (ADA) and the anti-discrimination of children who may have different color, race, sex, religion, national origin, veteran status, and physical or mental disability.

Learn How to Start a Daycare
A child care facility violating the federal Civil Rights Act or the Americans with Disabilities Act shall be reported to an applicable federal agency. Applicants for child care licensing may secure a copy of the relevant laws upon request.

A child care center applying for license shall comply with the standards for health, safety, and general welfare of the children enrolled in a daycare center. These standards will be separately tested by the relevant departments. Failure to substantially comply in the standards for child care facility operation will result in denial and revocation of license or in the imposition of appropriate penalties.

The Child Care Licensing Unit will review the child care facility whether it complied with the minimum Licensing Requirements for Child Care Centers.

Licensing Procedures

  1. Application - The Child Care Licensing Unit provides and reviews all applications for child care licensing.
  2. Processing time - There are 60 days for the Licensing Specialist to submit a recommendation to the Division of Child Care and Early Childhood Education.
  3. Licensing fees - This is paid by all child care facilities annually. A license fee is determined by the license capacity of all child care facility in the same premise.
    • Facilities serving up to 17 children - $15 per year
    • Facilities serving 17 to 99 children - $50 per year
    • Facilities serving 100 or more children - $100 per year

    After the license fee has been settled, the recommendations for licensure will be applied as follows:

    • New Provisional License - Provisional License for new operation to be issued for a period of 12 months. A one-year license fee shall be paid prior to the issuance of a provisional license.
    • New Regular License or Conversion from provisional to regular status - A license fee shall be paid prior to the issuance of a new license.
    • Conversion to Provisional Status - No license fee is required.
  4. Pre-application consultation - A required meeting that shall be attended by an applicant. Applicant will be notified about the schedule within 30 days upon receipt of application.
  5. License - A Child Care Center's license will be issued by the Child Care Licensing Unit after studying the eligibility of a facility to secure one. A license issued for a Child Care Center is non-transferable and shall be operated only in the location specified in the license. It can not be used by another operator from one address to another. If there are changes on the specifics of the license, that license shall be closed and the child care facility shall apply for a new one.
  6. Compliance - The Child Care Licensing Unit will conduct on-site inspection to make sure that the facility is consistently complying with standards. A violation that imposes danger to the health, safety, and general welfare of the children in the Child Care Center shall be countered by a correlative action within 24 hours.

The Child Care Licensing Specialist may recommend on the issuance of these types of license based on the compliance of a Child Care Center to standards:

  • Provisional License - this is recommended for new facilities, child care facilities acquired by new owners, and to facilities not operating in substantial compliance to standards. The eligibility of this license shall not exceed 12 months after which the Division in its discretion may issue a regular license, revoke the license, suspend the license, or issue a successive provisional license in conjunction with the imposition of a civil penalty.
  • Suspension License - This will be issued by the Division if the Child Care Center is proven to have seriously not complied with some areas of standards. The facility may still operate normally after the non-compliance areas are resolved.
  • Revocation License - A license may be revoked by the Division in the occurrence of situations like failure to maintain substantial compliance with licensing requirements, failure to correct or resolved deficiencies within a period of time, and failure to insure the health, safety and general welfare of the children in care.

A child care facility that wants to get another license shall re-apply to the Division. A new license shall be issued first before the facility continues caring for a licensable number of children.

Licensing Action Appeals

Ten days after receipt of notice, an appeal for adverse licensing actions must be mailed to the Division. The appeal shall appear in writing and may be requested to the Licensing Specialist.

These are the licensing actions that may be requested for appeal:

  • Adverse licensing actions. This include denial of an application for license, conversion of license to provisional, and revocation or suspension of a license
  • Founded licensing complaints
  • Denials of alternative compliance requests
  • Cited non-compliance with the published standards

Appeals for non-adverse licensing actions must be mailed 20 calendar days upon receipt of the notification of action. Appeals are reviewed by the Licensing Supervisor and the Licensing Administrator. If appeal is not resolved to this level, it may be brought higher to the level of the Child Care Appeal Review Panel.

Alternative Compliance

An alternative compliance presents equal or better standards for heath, safety, and welfare of the children in care.

The Division responsible in the administration of licensing shall also consider all requests for alternative compliance of the licensing requirements except those enforced by the Department of Health, Local Fire Marshal or State Fire Marshal's office and applicable city ordinances including zoning.

A written request for alternative compliance shall be submitted by the applicant or licensee and the request shall include:

  • Specific standards for which alternative compliance is sought
  • Explanation of how the alternative form of compliance is equal to or exceeds the stated requirements
  • 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
  • The applicant or licensee shall provide clear and supportive evidence and, upon request of the Division, an expert's opinion on the effect of the request on health, safety and welfare of the children.

If the alternative compliance requested by the applicant or licensee does not offer sufficient protection for the health, safety, and welfare of the children in care, the Division has the right to deny the request.

Exemption for Church-Operated Child Care Facility

A federal law in 1983 (Act 245) stipulates that there are child care facilities that may be exempted from obtaining license. This is when the child care facility is operated by a church or a group of churches. The facility will likewise be exempted from the State Income Tax levied by Act 118 of 1929. A written tax exemption request shall be submitted to the Division together with the following data:

  • Verification of exemption from State Income Tax
  • Verification that the facility is operated by a church or group of churches
  • Verification that the facility has been inspected annually and meets the applicable fire safety and health standards
  • Certification from the facility that it is in substantial compliance with published standards that similar nonexempt child care facilities are required to meet

The Division will review the request and will be replied within 60 days from receipt of such request. The location of the facility will be visited for determination of substantial compliance to standards.

After comprehensive inspection, a written notice will be sent to the facility on the status of request for exemption. The notification shall include maximum allowable number of children to be cared for, dates of exemption and other conditions which may apply.

Licensing Investigations

All complaints involving the operation of a child care facility must be investigated. The Child Care Licensing Unit shall be responsible to this. Violation of licensing requirements shall be deliberately checked.

These are the factors that must be checked by the investigating unit:

  • Record of Child Maltreatment - This background review shall be administered by the Arkansas Child Maltreatment Central Registry Check. Each form shall be attached with a check or money order of for $10.00 made out to Central Registry.

    Concerned people to be checked for child maltreatment record:

    • Applicant for owning or operating a child care facility
    • Employees and applicants for employment in a child care facility
    • Volunteers who have supervisory and/or disciplinary control over children
    • Board of Directors members who have supervisory and/or disciplinary control over children

    The Child Care Licensing Unit will impose a corrective action plan for those who have founded report of child maltreatment. The action may vary from reassignment or termination. An adverse action against the license of the child care facility may be constituted without compliance to a corrective action.

    The Arkansas 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.

  • Record of Criminal Background - For checking the criminal background of the personnel who will be involved or employed in a child care facility, the Identification Bureau of the Arkansas State Police shall administer a fingerprint check. The cost of the nationwide check to be paid in check or money order to the Arkansas State Police is $24.00.

    Concerned people to be checked for criminal record:

    • Applicants who want to own or operated a child acre facility
    • Employees who have not been a resident of the State of Arkansas for the 6 preceding years
    • Employees and applicants for employment in a child care facility
    • Volunteers who have supervisory and/or disciplinary control over children

Persons who have pled or found guilty of offenses punishable by the federal law shall not be allowed to operate or work in a child care facility. If that person has demonstrated rehabilitation or that person has completed the sentence 5 years or more than after, he or she can apply to the Division for a chance to operate, own, or be employed in a child care facility.

Child Care Administration

The final responsibility of making sure that the child care facility complies with standard requirements in operating a child care center lies on the owner and/or Board of Directors. The contact details of these persons shall be provided to the Child Care Licensing Unit.

Personnel

  1. As specified in the secured license, a child care center shall not cater to more than the number of children stated in the license.

    It is important that this staff-child ratio is maintained:

    • Ages 2 1/2 through 3 years - 1 caregiver per 12 children
    • 4 years - 1 caregiver per 15 children
    • 5 years to kindergarten - 1 caregiver per 18 children
    • Kindergarten and above - 1 caregiver per 20 children

    Caring for infants and toddlers at a child care center requires special standards. The following staff-child ratios shall be maintained at all times to include naptime:

    • Birth to 18 months - 1 caregiver per 6 children
    • 18 months to 36 months - 1 caregiver per 9 children
  2. If a child care center cares for children with different brackets, the staff ratio must meet the standard for the youngest child in the group. The staff-child ratio shall be maintained at all times even during the conduct of outdoor activities and eating schedules.
  3. There shall never be an instance that children are left unattended. The child care center shall arrange for substitutes or replacements in case of staff absence.
  4. Special children enrolled in a child care center shall be given special attention as required in the child's disability. A child care center must be able to adjust its staff ratio in this case where more employees may be hired.
  5. A minimum of 50% of the staff shall remain with the children during naptime for children age 2 1/2 and above. A total of 75% of the staff remains in the building.
  6. Infants and toddlers shall not be mixed with the other children except in special situations. However, 30 to 36 months children may be placed in the group if deemed suitable for their social and emotional development.

Director

The following are the duties and responsibilities expected to be executed by a child care center director:

  1. Administering, planning, and managing the center's activities and ensuring that the standard licensing requirements are complied with.
  2. Must be 21 or older in age, a high school graduate with diploma as proof and have an appropriate experience in child care or elementary education programs for at least 4 years.
  3. Without an experience in child care, a person may still be an eligible Director if he obtained any of the following educational levels:
    • Bachelors or higher Degree in Early Childhood, Child Development or any related field. Persons with a Bachelors Degree in a non-related field shall obtain a Child Development Associate (CDA) within their first year of employment. Directors previously qualified are exempt. (Determination of "related field" will be made by the Child Care Licensing Unit.)
    • AA Degree with an emphasis in Early Childhood or Child Development
    • A one-year technical certificate in Child Development
    • Child Development Associate (CDA)-a child care credential from an approved program.
  4. News Directors within 6 months of employment are required to attend New Director's Orientation which is conducted by the Division.
  5. Obtained 10 hours of early childhood education every year as approved by the Division. Training documentation shall be provided for review.

Employee Requirements

  1. All employees in a child care center must be preferably 18 years or older. Younger employees, as approved by the Child Care Licensing Unit, will be in direct supervision of the Director or person in charge.
  2. Employees who will be working directly with children shall have a high school diploma or GED or shall be enrolled in a GED curriculum and complete the curriculum within one year of hire.
  3. Employees working directly with children shall have 10 hours of in-service training or workshop each year. Training is approved by the Division.
  4. At least one adult staff certified in CPR (cardiopulmonary resuscitation) shall be present within the premises of the child care center.
  5. Staff shall attend orientation in health and safety of children before they can provide direct care. They shall also be reminded that they are mandate to report child maltreatment.
  6. All employees must have a health card or physician's statement showing that they are free from contagious Tuberculosis. This health card is renewed once a year.
  7. All employees must be refrained in acting out behaviors that are not acceptable for children to see like sexual, exploitative, and dangerous acts. No child caregiver shall be in the influence of neither drugs nor alcohol. No child caregiver shall provide child care when under medication that can impair their ability to provide quality care.

Volunteers

  1. Child care center volunteers shall be 18 years or older or shall be under the direct supervision of the director or person in charge as approved by the Child Care Licensing Unit.
  2. Volunteers given disciplinary control over children shall meet the requirements for personnel and employees.
  3. Volunteers who are not given disciplinary control over children but will have routine contact with children shall submit a physician's statement or health card and a child maltreatment Central Registry check. Parents who volunteer to assist in field trips are exempted to this.

Program

The programs of a child care center shall generally cater or help contribute in the well-being of the children in care. Daycare programs shall play a significant part in facilitating progress in social, emotional and even in the intellectual development of the children.

Specifically, a child care program shall not overlook the following important details in facilitating development among children and in the provision of quality child care routines:

  1. There shall be a list of appropriate activities for the development of children. There shall be periods of active play and quiet times within a day of care. There shall be a supervised rest period of at least 1 hour per day.
  2. Caregivers and facilitators of daily activities must avoid experiences that may be detrimental to the wellbeing of children particularly in their self-image and self-esteem.
  3. Parents shall not be denied of access to their children at anytime in the period of daycare.
  4. There shall be a total of at least one hour of outdoor play per day in suitable weather. In extreme weather conditions such as in cold or hot months, periods of outdoor play shall be reduced or suspended.
  5. Infants and toddlers shall be visually monitored at all times and physically checked for breathing.
  6. An infant or toddler shall be given enough time each day to play outside the crib or be exposed outside if weather displays good condition.
  7. Sleeping beds and mattresses must be age-appropriate.
  8. Infants and toddlers shall also be played, cuddled, touched at times other than diapering and feeding.

Behavior Guidance

Caregivers and all personnel involved in a child care center must be able to have knowledge on behavior guidance, handling children's different behaviors with outmost control and skillful direction. Behavior guidance must be consistent for each child and individualized, ensuring that behavior management is at the level of understanding of a child. Child care facility caregivers can manage children's behaviors by adhering to the following protocols:

  1. Caregivers and all persons involved in the direct supervision of children must have an idea on how to teach children with proper and acceptable behaviors.
  2. Physical punishment by any means is not acceptable.
  3. The length of time a child is placed in time out shall not exceed one minute per year of the child's age. This behavior measure shall not be imposed upon infants and toddlers.
  4. Caregivers shall learn about the acceptable behavior guidance techniques such as:
    • Reinforcing children with praise and encouragement
    • Reminding children of the rules by using positive statements on how they shall and shall not behave.
    • Focus on what the child is doing right not on the mistakes.
    • If child does not respond to verbal command, use supervised brief separation from other children and teach how the child shall behave.
    • Motivate children who misbehave to be good by attending to children who are behaved.
  5. There are unacceptable behavior guidance measures that shall never be administered to children to include:
    • Restraining the child at long unreasonable period of time
    • Washing a child's mouth with soap
    • Taping or obstructing a child's mouth
    • Placing unpleasant or painful tasting substances in mouth, on lips, etc
    • Profane or abusive language
    • Isolation without supervision
    • Placing child in dark areas
    • Inflicting physical pain (i.e hitting, pinching, pulling hair, slapping, kicking, twisting arms, biting or biting back, spatting, swatting, etc.)
    • Yelling (Unless the child's attention is juts being called to protect from risk of harm.)
    • Forcing physical activities (i.e. running laps, doing push-ups, etc.)
    • Associating punishment with rest, toilet training or illness
    • Denying food (lunch or snacks) as punishment or punishing children for not eating
    • Shaming, humiliating, frightening, physically or mentally harming children or labeling children.
  6. Record daily positive behavior of children in a behavior chart to encourage positive behavior.
  7. Parents shall be informed of the behavior measures enforced by a child care center. This shall be provided to them in writing upon enrolment of children. A file copy signed by the parent will be kept for record.

Records

Record keeping of pertinent documents in child care operation shall be kept by a child care center operator or owner.

Records of employees, children, and facility shall be made available to the Child Care Licensing Unit on request. All required records shall be maintained for 3 years including records on children who are no longer enrolled.

Licensing compliance forms (DCC-521) shall be maintained at the facility for 3 years. The facility shall advise parents in writing that the compliance forms are available for review upon request.

A record on all children including daily attendance records and a master list of children's names going on a field trip including details of boarding for departure, boarding for the return trip, and upon arriving back to the facility.

Nutrition

A child care facility shall have a protocol and standards in preparing the children's food ensuring that they are given proper nutrition. Here are protocols that shall be followed in giving children their meals:

  1. Lunch shall be served to very child.
  2. All meals shall meet the U.S. Department of Agriculture guidelines. Milk shall be served to each child everyday except to those who have allergies to it.
  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 breakfast and lunch.
  4. Meals shall be served at tables. All food service surfaces shall be kept sanitary.
  5. Food and drinks which are not available to the children shall not be consumed by staff in the children's presence.
  6. Mid-morning snacks or breakfast, and mid-afternoon snacks shall be provided for all children.
  7. Food for infants and toddlers shall be prepared with utmost care and separately:
    • The caregiver and the parent shall agree with the use of food, feeding bottles, and formula. The child care center shall obtain and strictly follow a written instruction on the child's special needs for bottles, formula, and food.
    • Feedings for all children up to 12 months of age shall be documented by the caregiver and made available for review by the parent. This documentation shall continue for all children who are still being given bottles.
    • Water used for the preparation of formula shall not come from the hot water supply. It may contain higher levels of lead and other harmful substances.
    • Feeding utensils of infants and toddlers shall be separated from those of the children's.
    • Bottles shall not be pro ped. Infants under six months of age shall be held while being bottle-fed. If needed, infants six months of age or older shall be held while being bottle-fed.
    • Bottles and "sippy cups" shall be labeled with the child's name and shall be refrigerated.
    • Sanitary measures shall always be paid careful attention by the child care facility.
    • Safety straps shall be used in high chairs at all times.

Buildings

For safety of the children who will be enrolled in child care, the following protocols for a child care infrastructure shall be strictly complied with:

  1. The building for a child care center shall comply with the Minimum Requirements of the National Fire Safety Code 101 administered by the local fire department or by the State Fire Marshal who has final authority.
  2. Requirements of the State Health Department requirements shall be met.
  3. Premises and all space used by a child care center shall be maintained for cleanliness and shall be kept hazard-free.
  4. Indoor activities require a 35 sq ft per child floor space.
  5. A separate room shall be available for children who become ill and shall be located in an area that can still be supervised at all times.
  6. All spaces in the center used by the center shall be convenient for the children such as well heated, lighted, and ventilated.
  7. Cables for electric appliances and floor furnaces shall be appropriately guarded or ensured not to present a safety hazard.
  8. Floors, ceilings and walls shall be in good repair and kept clean. Paints used at the facility shall be lead free.
  9. A child care center shall have an operable telephone.
  10. Old homes that were manufactured prior to June 1976, homes with metal roofs and outside walls and single-wide manufactured homes are not allowed to be used as a child care center.
  11. Applicants who wish to use a manufactured home as a child care center shall seek inspection from the Arkansas Manufactured Home Commission for recommendation.
  12. A portable classroom building is not considered a manufactured home and is required for approval by the Fire Department approval.
  13. Infants and toddlers should be given a designated area separate from the activities of older children.

Grounds

In order for a child care center to provide the safest playground environment possible for children, guidelines set by the Consumer Product Safety Commission's "Handbook for Public Playground Safety".

Layout and Design

  1. At least 75 sq feet per child should be allotted per child present in a playground at any time. The perimeters shall be enclosed.
  2. There shall be an exit point from the playground.
  3. Ares shall be well drained.
  4. Playtime equipment shall be age-appropriate and shall be adequate for the number of children enrolled in the center.
  5. Separate areas shall be provided for infants and toddlers.

The playground area shall be free from hazards and objects that may be potentially hazardous to children. All playground facilities including slides, swings, climbing equipment, seesaws, etc. shall be installed properly to avoid danger in the playground.

Surfacing and Fall Zones

To protect children from harm or from the danger of falling down, there shall be fall zones and surfacing under and around equipment that is over 24" in height at the highest accessible point.

Shock absorbent material such as sand, pea gravel, wood chips, wood mulch, shredded tires, etc., shall be used in fall zone areas under and around playground equipment which requires a fall zone.

All playground equipment shall have fall zones which are free of obstacles onto which children may fall.

Furniture and Equipment

Child care centers shall be equipped with age-appropriate toys, learning materials such as books, and indoor and outdoor equipment that will be necessary in facilitating learning among children. All furniture and equipment shall be sturdy, clean, and safe.

Health

As a general rule and safety for other children in care, child care centers must not admit a child or staff who has a contagious disease. If a child exhibits any communicable disease that other children may be infected with, the parents shall be notified at once to pick up their child.

  1. A child care facility shall have a first aid kit but shall be kept out of reach of children. This kit will come in a handy in emergency cases where children might be injured or hurt.
  2. Vices such as smoking shall not be permitted within the premises of the child care center.
  3. Garbage such as soiled diapers shall be properly disposed of or kept in tightly closed containers. Daily garbage disposal shall be practiced.
  4. No pets or animals are allowed within the confines of a child care center.
  5. 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:
    • Hepatitis
    • Rash illness (including measles & rubella)
    • Whooping cough (pertussis)
    • Meningitis
    • Mumps
    • Tuberculosis
    • Salmonellas (including typhoid)
    • E-coli

For sanitation purposes, all staff who have frequent physical contact with children shall regularly practice hand washing. A caregiver's and children's hands shall be washed with soap before meals and snacks and wash cloths and hand towels shall be properly washed at frequent periods.

Drinking facilities shall be approved by the Arkansas State Department of Health and Human Services.

In terms of toilet facilities, each center licensed or approved for more than 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. Clothes shall be provided to children who may soil themselves.

Centers that care for infants and toddlers shall provide at least one toilet and one sink. Rooms for toddlers and infants should have an adjacent or very accessible bathroom.

Safety

Child care centers shall maintain a log of all child product recall and safety notice issued by the Attorney General's Office and shall post or otherwise make these notices available for parents to review. 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.

Substances that may pose hazard to the children's health such as medications, poisonous substances, detergents, and cleaning supplies shall be kept out of the reach of children.

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.

Program-Specific Variations

Specific variations in programs shall apply in situations other than those regularly conducted or facilitated within the child care center.

Program-specific variations may apply during school age or Summer Day Camp and evening and night care.

Part-Time Program Variation
Program

  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.

Nutrition

  1. Facilities in operation for more than 3 hours per day shall provide a snack that meets current U. S. Department of Agriculture Guidelines.

FIND A DAYCARE OR CHILD CARE IN ARKANSAS


Division of Childcare and Early Childhood Education
Child Care Licensing
P.O. Box 1437, Slot S140
Little Rock, AR 72203-1437

Phone: (501) 682-8590
Web Page: http://www.arkansas.gov/childcare/