Penalties may be imposed by the Department when the facility fails to meet and maintain the Health and Safety Guidelines prescribed by the Department.

1. (1) If an inspection, evaluation or investigation indicates non-compliance with these Health and Safety Guidelines

   (deficiency), a deficiency report shall be prepared by the Department. A deficiency report is prepared in conjunction with or subsequent to a visit to the facility, or after investigation of a compliant regarding the facility.

2. (2) In any visit to the facility in which deficiencies are observed or noted, the Department’s representative shall complete a deficiency report, and discuss the deficiencies observed or noted with the facility representative. A copy of the completed deficiency report shall be provided to the facility representative.

3. (3) The facility shall be ineligible to participate in the Child Care Subsidy Program if any violation of any of these Guidelines (deficiency) is not corrected within ninety (90) days of the discovery of the deficiency. In such instances the facility will remain ineligible to participate until such time that no deficiencies exist as verified by the Department’s representative.

   1. (a) Certain situations may warrant an extension.
   2. (b) Compliance may be achieved by the facility providing documentation to the Department or visits may be conducted by the Department’s representative to monitor compliance.

4. (4) The Department may determine that a facility is immediately ineligible to participate in the Child Care Subsidy Program if:

   1. (a) It is determined that a deficiency will result in the immediate and/or irreparable threat of harm against any children at the facility,
   2. (b) The Department’s representative is denied access to inspect the facility, or
   3. (c) The facility fails to obtain the required fire inspection, health inspection or zoning approval.

Author: ShunDria M. Robinson

Statutory Authority: Child Care and Development Block Grant Act of 2014 (42 U.S.C.S. §§9857 et seq.).

History: New Rule: Filed March 8, 2018; effective April 22, 2018.