(a)

1. (1) The Childcare Facility Licensing Act, Arkansas Code §§ 20-78-201 – 20-78-220, as amended, is the statutory authority for licensing childcare facilities.

2. (2) The Childcare Facility Licensing Act, Arkansas Code § 20-78-201 et seq., created the Office of Early Childhood and authorized the office to establish rules governing the:

   1. (A) Granting, revocation, denial, and suspension of licenses for childcare facilities; and
   2. (B) Operation of childcare facilities in this state.
3. (3) This part is the office’s rules for childcare centers.

(b)

1. (1) The Childcare Facility Licensing Act designates the Office of Early Childhood of the Department of Education as the administrative agency responsible for administering the Childcare Facility Licensing Act in accordance with this part.

2. (2) The office is authorized to inspect and investigate any proposed or operating childcare centers and any personnel connected with the center to determine if the facility will be or is being operated in accordance with the:

   1. (A) Childcare Facility Licensing Act; and
   2. (B) This part.

(c)

1. (1) The licensing requirements contained in this part apply to group child care.
2. (2) Refer to the Minimum Licensing Requirements for Licensed Childcare Family Homes, 20 CAR pt. 1026, for the requirements that apply to child care provided in a childcare family home.

(d)

1. (1) The Child Care Licensing Unit will notify the applicable federal agency at any time it becomes aware of or is advised of violations of any of the following or similar laws.

2. (2) The owner should be aware of applicable federal laws that may affect the operation of the facility, such as, but not limited to:

   1. (A) The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.;
   2. (B) The Environmental Protection Agency regulations to ensure that any renovation or repair work on a home, childcare facility, or school that was constructed prior to 1978 shall be completed by a contractor that is certified by the Environmental Protection Agency when the repairs or renovations consist of any or all of the following:

(i) The repair or renovation disturbs six square feet (6 sq. ft.) or more of the interior;

1. (ii) The repair or renovation disturbs twenty square feet (20 sq. ft.) or more of the exterior; or

   1. (iii) The repair or renovation involves removing a window; and

   2. (C) Federal civil rights laws state that a facility may not discriminate on the basis of:

      1. (i) Race;
      2. (ii) Color;
      3. (iii) Sex;
      4. (iv) Religion;
      5. (v) National origin;
      6. (vi) Physical or mental handicap; or
      7. (vii) Veteran status.

(e) Reporting requirements.

1. (1) Owners, operators, staff, therapists, and volunteers are mandated reporters of suspected child maltreatment and are required to call the Child Maltreatment Hotline at 1-800-482-5964 if they have reason to suspect child maltreatment.
2. (2) Additionally, these same individuals are required by Acts 2019, No. 530, to notify law enforcement if they have a good faith belief that there is a serious and imminent threat to the health or safety of a student, employee, or the public based on a threat made by an individual regarding violence in, or targeted at, a school or childcare center that has been communicated to the person in the course of their professional duties.

(f)

1. (1) The licensee shall maintain childcare liability insurance (Acts 2009, No. 778), and comply with the following requirements, with the following exception: State institutions, political subdivisions, or other entities entitled to immunity from liability under Arkansas Code § 21-9-301, are not required to have general liability insurance coverage in order to be licensed (Acts 2015, No. 23).
2. (2) Prior to the approval of an application, the applicant shall provide verification of the required coverage to the childcare licensing specialist and provide subsequent verification when requested.
3. (3) The licensee shall maintain the minimum amount of coverage as follows:

   Licensed Capacity of Center	Minimum Childcare Liability Insurance Coverage Required
   1-74	$500,000 per occurrence
   75 and up	$1,000,000 per occurrence

(h)

1. (1) The following standards are the minimum licensing requirements that shall be met by persons or organizations that operate a childcare facility.

2. (2) In recommending a license be issued, the office works in coordination with the:

   1. (A) Local and state health departments, fire departments, and city planning or zoning departments; and
   2. (B) Boiler Inspection Division of the Division of Labor.
3. (3) Persons considering opening or expanding a childcare facility shall immediately contact these individual entities for inspection and information on their separate rules.

4. (4) A prospective licensee should request clarification regarding the codes or covenants enforced by these entities as some may prevent the operation of a childcare facility at a particular location, may:

   1. (A) Limit the number of children in care; or

   2. (B) Impose additional safety requirements.

      1. (i) The licensing unit shall share information on the location and status of new applicants applying for a license and on facilities holding a license when a city or county requests the information.