1. (a)

   1. (1) The primary caregiver shall be twenty-one (21) years or older.
   2. (2) A secondary caregiver shall be age eighteen (18) or older.

2. (b)

   1. (1) Primary caregivers licensed after November 1, 2002, and all secondary caregivers shall have a high school diploma or General Education Diploma (GED).
   2. (2) If a diploma or proof of a GED is not available, a reasonable attempt to obtain a copy shall be documented.

3. (c)

   1. (1) The primary caregiver shall not be otherwise employed during the time he or she is responsible for children in the home.
   2. (2) Employment at other times shall not affect the quality of care given to the children.
   3. (3) When two (2) persons are listed as joint holders of the license and are both primary caregivers, at least one (1) shall be present in the home while children are in care.
   4. (4) Also refer to 20 CAR § 476-102(f).

4. (d)

   1. (1) A caregiver shall not use profanity or speak in an abusive manner when children are present.
   2. (2) The caregiver shall also cooperate with licensing staff during licensing monitor visits.
5. (e) The caregiver shall have a person who would be able to care for the children in the event of an emergency.
6. (f) All caregivers who work directly with children shall obtain at least fifteen (15) hours of training, including child development training, registered with the Office of Early Childhood professional development registry or Department of Education-approved or Division of Higher Education-approved training each year in continuing early childhood education.

7. (g)

   1. (1) All caregivers, including volunteers who are counted in the ratios, shall receive the following orientation within three (3) months of employment and every three (3) years thereafter and shall not be left alone with children until this is completed.

   2. (2) Introduction (eight (8) clock hours):

      1. (A) Proper supervision of children;
      2. (B) Behavioral guidance practices;
      3. (C) Safe sleep practices for infants;
      4. (D) Shaken baby syndrome, which includes prevention (Carter’s Law, Acts 2013, No. 1208);
      5. (E) Appropriately responding to a crying, fussy infant or child;
      6. (F) Emergency procedures in the event of severe weather or fire, including:

8. (i) Evacuation procedures and routes; and

   1. (ii) Location and use of fire extinguishers;

      1. (G) Mandated reporter training;
      2. (H) Administering medication;
      3. (I) Caring for children with special needs or care plans;
      4. (J) Transportation and car seat safety;
      5. (K) Policies regarding release of children to authorized individuals;
      6. (L) Prevention and control of infectious diseases;

      7. (M) Building and physical premises safety, including the identification of, and protection from:

         1. (i) Hazards;
         2. (ii) Bodies of water; and
         3. (iii) Vehicular traffic;
      8. (N) Nutrition and physical activities;
      9. (O) Prevention and response to food sensitivities and allergic reactions;
      10. (P) Basic child development; and
      11. (Q) The handling and storage of hazardous materials and the appropriate disposal of biocontaminants.

9. (h)

   1. (1) At least one (1) caregiver who has a current certificate of successful completion of first aid and cardiopulmonary resuscitation (CPR) from an approved organization shall be on-site at all times.
   2. (2) If the home serves infants and toddlers, this training shall include infant and child CPR.
   3. (3) Infant and child CPR may be included in the basic course or in a separate course.
   4. (4) The curriculum shall conform to current American Heart Association or American Red Cross guidelines.

   5. (5)

      1. (A) The curriculum shall require hands-on, skill-based instruction, as well as practical testing.
      2. (B) Training and certification that is provided solely online will not be accepted.

   6. (6)

      1. (A) The instructor shall be:

         1. (i) Qualified and authorized to teach the curriculum; and
         2. (ii) Certified by a nationally recognized organization.

      2. (B) Including but not limited to:

         1. (i) Health and Safety Institute; and
         2. (ii) Emergency Medical Services Safety Services, Inc.
         3. (i) All caregivers shall be physically and emotionally able to care for children.
10. (j) The Child Care Licensing Unit may require a physician’s statement for any caregiver anytime behavioral or physical indicators warrant.

11. (k)

    1. (1) Staff shall not engage in behavior that could be viewed as sexual, dangerous, exploitative, or physically harmful to children.

    2. (2) A caregiver shall not use profanity or speak in an abusive manner when children are present.

       1. (l)
    3. (1) No caregiver shall consume or be under the influence of illegal drugs.

    4. (2) A drug test may be required if:

       1. (A) There is reasonable cause to suspect violation of this requirement; and
       2. (B) The issue cannot be otherwise resolved.
    5. (3) No caregiver shall consume or be under the influence of alcohol while delivering care.

    6. (4) No caregiver shall consume or be under the influence of medications, prescription or nonprescription, that impair his or her ability to provide care.

       1. (m) Newly licensed caregivers shall attend family childcare provider training and business administration scale training, or other approved tools that are considered equivalent in the state’s Quality Rating and Improvement System, within the first six (6) months of being licensed.
12. (n) The licensee shall notify the licensing unit within five (5) calendar days of any change in the person or persons designated as secondary caregivers.

Codification Notes: Carter's Law, Acts 2013, No. 1208, is codified at Arkansas Code § 20-9-1401 et seq.