(b) The primary caregiver in the home shall submit the following to complete the application process:

1. (1) A completed and signed application on a form provided by the Office of Early Childhood;
2. (2) A diagram of the home;
3. (3) Fire department approval, if applicable;
4. (4) Health department approval, if applicable;

5. (5) Zoning approval, if applicable, shall be provided by:

   1. (A) New applicants for license; and
   2. (B) Existing homes requesting increase in licensing capacity;
6. (6) Boiler inspection, or verification that inspection has been scheduled;

7. (7)

   1. (A) Verification of childcare liability insurance.
   2. (B) If childcare liability insurance cannot be obtained before application, it must be obtained with proof provided to the Child Care Licensing Unit before care of children can be provided;
8. (8) Verification that all required criminal background checks and Child Maltreatment Central Registry checks have been initiated; and
9. (9) All caregiver’s names shall be included on the application for the license.

(c)

1. (1) A preapproval consultation meeting shall be required for all applicants for a license prior to the approval of the application.
2. (2) This meeting shall be offered prior to application or within thirty (30) days of receipt of the application.

(d) Upon receipt of a signed application, the childcare licensing specialist shall schedule an appointment to:

1. (1) Inspect;
2. (2) Evaluate; and
3. (3) Make a recommendation for consideration of license to the Office of Early Childhood.

(e) 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.

(f) Compliance.

1. (1)

   1. (A) On-site inspections of licensed childcare family homes are conducted by the licensing unit on a routine basis to determine a home’s continued compliance with the standards.
   2. (B) The caregiver or caregivers shall cooperate with licensing staff during licensing visits and investigations.
   3. (C) Clarification.

(i) In addition to rooms used for care, childcare licensing staff must also be given access to all other rooms or spaces not used for child care.

1. (ii) Any rooms or areas that are not accessible to children in care:

(b) (b) Will not be routinely monitored for general licensing compliance.

1. (iii) This is to help ensure that there are no dangers, such as fire hazards, that could impact the safety of the entire structure.

2. (2)

   1. (A) Violations of rules are documented in writing by use of the licensing compliance record.

   2. (B) Documentation shall include:

      1. (i) Reference to the specific rule violated;
      2. (ii) A factual description of:

(b) (b) How the home failed to comply; and

1. (iii) 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)

1. (1) The license as issued shall apply only to the home’s location at the time of licensing.
2. (2) The licensee shall notify the childcare licensing specialist’s office of a change of location or ownership, at which time a new study shall be conducted.

3. (3) Upon issuance of a license, the license shall remain in effect as long as compliance is maintained with this part.

   1. (i) New provisional license.
4. (1) If the Office of Early Childhood staff finds that an applicant meets the licensing requirements for a childcare family home or has a reasonable expectation of correcting deficiencies in a reasonable time, the childcare licensing specialist may recommend a new provisional license for operation of a childcare family home to the Office of Early Childhood.
5. (2) The new provisional license shall be in effect for a reasonable period, not to exceed twelve (12) months.
6. (3) This time frame shall be specified in the new provisional license.
7. (4) A written list of deficiencies shall be provided to the applicant at the time of issuance of a new provisional license.
8. (5) A licensing specialist has sixty (60) days to submit a recommendation to the Office of Early Childhood for a provisional license.

(j) Regular license. The childcare licensing specialist will recommend a regular license when:

1. (1) The facility has demonstrated substantial compliance; or
2. (2) An existing licensee with a regular license relocates their facility and their past demonstrates a substantial level of compliance.

(k) Probationary provisional license.

1. (1) The licensing unit may issue a probationary provisional license when the home 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.
2. (2) The home and the licensing unit shall have a corrective action plan in place addressing the issues.

3. (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 a license; or

   3. (C) Revoke a license.

      1. (l) Suspension of license.
4. (1) Upon final determination by the Office of Early Childhood of a suspension of a license, the Office of Early Childhood shall specify in the suspension order the period of the suspension.
5. (2) The suspension of a license may range from one (1) month to a maximum of twelve (12) months.

6. (3) The license may be reinstated at such time as the Office of Early Childhood finds that the terms of the suspension order have been met.

   1. (m) The Office of Early Childhood may revoke a license when any of the following situations occur:
7. (1) The facility fails to maintain substantial compliance with licensing requirements;
8. (2) The facility fails or refuses to correct cited deficiencies in a timely manner; and
9. (3) The facility fails to ensure the health, safety, and welfare of children in care.

(n)

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 of Early Childhood, the Office of Early Childhood 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 the same specified period.

   2. (B) “Related parties” means:

      1. (i) Immediate family members;
      2. (ii) Members on the board of directors; and
      3. (iii) Persons or entities associated or affiliated with, or that share common ownership, control, or common board members, or that have control of or are controlled by the licensee.

   3. (C) “Immediate family member” means:

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