(a) Application.

1. (1) An application shall be obtained from the Child Care Licensing Unit.
2. (2) The completed application packet shall be submitted to the childcare licensing unit for review and approval.

3. (3) A completed application packet shall consist of:

   1. (A) A signed application form with a designated person who assumes legal responsibility for operation of the childcare facility;
   2. (B) Name of proposed director and their qualifications;
   3. (C) Names, addresses, and telephone numbers of the board of directors, if applicable;
   4. (D) Clear written guidelines of responsibility for the board of directors, if applicable;
   5. (E) Building or facility diagram;
   6. (F) Description of the services that will be provided to the children;
   7. (G) Verification that criminal record checks and Child Maltreatment Central Registry checks have been initiated on all owners, operators, and staff members of the childcare center;
   8. (H) Boiler inspection, or verification that inspection has been scheduled;
   9. (I) Fire department approval;
   10. (J) Department of Health approval;
   11. (K) Zoning approval;
   12. (L)

(i) Verification of childcare liability insurance.

1. (ii) If childcare liability insurance cannot be obtained before application, it must be obtained with proof provided to the licensing unit before care of children can be provided; and

   1. (M)

      1. (i) A reasonable plan with a proposed budget for the financial support of the center covering costs of:

(b) (b) Building, including rent or mortgage and repairs;

1. (c) (c) Utilities;

   1. (d) (d) Equipment;

(f) (f) Nutrition.

1. (ii) This is a one-time only requirement that applies to new applicants for a license.

(b) Time for processing. The childcare licensing specialist has sixty (60) days to submit a recommendation to the Office of Early Childhood.

1. (c)
2. (1) A preapproval consultation meeting shall be required for all applicants for a license prior to the approval of the application.

3. (2) This meeting shall be offered to the applicant prior to application or within thirty (30) days of the receipt of the application.

   1. (d) License.
4. (1) The licensing unit shall conduct a licensing study of each childcare center to determine eligibility for a license.
5. (2) The facility shall be approved by the licensing unit before a license may be issued by the office.

6. (3) A license for a childcare center shall specify:

   1. (A) The name and address of the childcare center;
   2. (B) The owner and operator of the childcare center;
   3. (C) The number of children authorized for care at the childcare center;
   4. (D) The expiration of any provisional licenses; and
   5. (E) The type of care the childcare center will be providing.

(e) License — Nontransferable.

1. (1) A license for a childcare facility or approval for a church-operated exempt status shall apply only to the address and location stated on the license or approval issued.

2. (2) It shall not be transferable from:

   1. (A) One (1) holder of the license or approval to another; or
   2. (B) One (1) place to another.
3. (3) If the location of a childcare facility is changed, or the operator of the childcare facility is changed, then the license or approval for that childcare facility shall be automatically closed on such a change.
4. (4) The childcare facility shall notify the licensing unit of a change of location or ownership.

(f) Compliance.

1. (1) On-site inspections of childcare centers are conducted by the licensing unit on a routine basis to determine a facility’s continued compliance with the standards.
2. (2) The caregiver shall cooperate with licensing staff during licensing visits and investigations.
3. (3) Violations of rules are documented in writing by use of the licensing compliance record.

4. (4) Documentation shall include:

   1. (A) Reference to the specific rule violated;
   2. (B) A factual description of the nature of the violation and how the childcare center failed to comply; and
   3. (C) A date of expected corrections.

(g)

1. (1) If video recordings are made by the facility and are maintained for viewing as a part of a continuous monitoring system, they shall be made available to licensing staff upon request.
2. (2) This does not include video recordings of special events, etc.

(h) The licensing unit shall have the authority to make both scheduled and unscheduled visits to:

1. (1) Conduct inspections and reviews to determine compliance with the licensing requirements;
2. (2) Investigate complaints involving possible violations of licensing requirements; and

3. (3) Offer consultation and technical assistance.

   1. (i) The childcare licensing specialist may increase unscheduled monitor visits where numerous or severe violations of standards are cited.

(j)

1. (1) If a violation is of imminent threat to the health, safety, and welfare of the children attending the childcare center, corrective action or compliance shall be obtained within twenty-four (24) hours in order to ensure the health, safety, and welfare of the children in care.
2. (2) If a childcare center violates an administrative standard or standard that does not directly threaten the immediate health, safety, or welfare of the children in care, these violations shall be corrected within a reasonable time as mutually agreed upon by the licensing unit and the childcare center.
3. (3) Once a violation has been corrected, the correction will be documented on the Licensing Compliance Record and a copy provided to the childcare center.

(k) New provisional license.

1. (1) The childcare licensing specialist shall recommend a new provisional license when:

   1. (A) The facility is newly opened; or
   2. (B) A facility has been acquired by new owners whose compliance history has not been determined.
2. (2) A new provisional license shall not exceed twelve (12) months in length.

3. (3) At the end of the provisional license, the office may in its discretion:

   1. (A) Issue a regular license;
   2. (B) Revoke the license;
   3. (C) Suspend the license; or

   4. (D) Issue a successive provisional license.

      1. (l) Regular license. The childcare licensing specialist will recommend a regular license when:
4. (1) The facility has demonstrated substantial compliance; or

5. (2) An existing licensee with a regular license relocates their facility and their past demonstrates a substantial level of compliance.

   1. (m) Provisional license.
6. (1) The licensing unit may issue a probationary provisional license when the center is not maintaining substantial compliance due to deficiencies that are so numerous, frequent, or severe as to potentially jeopardize the health, safety, and welfare of children.
7. (2) The facility and licensing unit shall have a corrective action plan in place addressing the issues.

8. (3) Based on the level of compliance during the period of the probationary provisional license, the licensing unit may:

   1. (A) Issue a regular license;
   2. (B) Suspend the license; or
   3. (C) Revoke the license.

(n) Suspension of license.

1. (1) The office may suspend a license when the licensing unit determines that the facility has serious areas of noncompliance, but the facility would be able to resume normal operation when the harmful conditions are eliminated.

2. (2) If granted, the suspension order remains in effect until the:

   1. (A) Order expires; or
   2. (B) Office determines that the problems necessitating the suspension order have been resolved.
3. (3) The suspension of a license may not exceed twelve (12) months.
4. (4) If the office finds that the terms of the suspension order have been met prior to the expiration of the suspension period, the office retains discretion to reinstate the license.
5. (5) If the terms of the order have not been met, the office may revoke the license.

(o) Revocation of license. The office may revoke a license when any of the following situations occur:

1. (1) The facility fails to maintain substantial compliance with licensing requirements;
2. (2) The facility fails or refuses to correct cited deficiencies in a timely manner; or
3. (3) The facility fails to ensure the health, safety, and welfare of children in care.

(p)

1. (1) The revocation of a license nullifies and cancels the license.
2. (2) At the time of a final determination of revocation of the license by the office, the office shall specify in the revocation letter the terms of the revocation.
3. (3) The licensee shall not be eligible to reapply for a license for a minimum of one (1) year, or longer if specified in the revocation order.

4. (4)

   1. (A) Related parties shall not be eligible to apply for a license for the same specified period.
   2. (B) Related parties are defined as immediate family members, members of the board of directors, persons or entities associated or affiliated with, or which share common ownership, control, or common board members or which have control of or are controlled by the licensee.

   3. (C) An immediate family member is defined as:

      1. (i) A spouse;
      2. (ii) Step and in-law relationships;
      3. (iii) A child;
      4. (iv) A natural or adoptive parent;
      5. (v) A sibling;
      6. (vi) A grandparent;
      7. (vii) A grandchild; or
      8. (viii) A son-in-law or daughter-in-law.
   4. (D) Applicants who are denied a license or registration due to this requirement may appeal the denial to the Childcare Facility Review Panel.
5. (5) Facilities wishing to be relicensed must submit a new application for licensure for review and approval by the division.
6. (6) Approval must be obtained and a new license issued before the facility provides care to a licensable number of children.