(a) The agency shall obtain a license before receiving:

1. (1) Six (6) or more children who are unrelated to the caregiver for care on a twenty-four-hour basis; or
2. (2) A child victim of human trafficking in any type of shelter or facility.

(c) The following policies of the agency shall be current and available to all employees of the agency and the licensing specialist:

1. (1) Personnel policies;
2. (2) Volunteer policy;
3. (3) Student intern policy;
4. (4) Admission policy;
5. (5) Intake policy;

6. (6)

   1. (A) Behavior management policy.
   2. (B) Corporal punishment is prohibited for all residential licenses;
7. (7) Crisis management policy;

8. (8) Child maltreatment mandated reporter rule, according to Arkansas law, including procedures to ensure that alleged, suspected, or witnessed incidents of maltreatment are:

   1. (A) Reported to the Child Abuse Hotline; and
   2. (B) Documented as required by these or other applicable rule or laws;
9. (9) Child exploitation policy;
10. (10) Visitation policy;

11. (11)

    1. (A) Family therapy or therapeutic pass policy.
    2. (B) Psychiatric only;

12. (12)

    1. (A) Admission health assessments policy.
    2. (B) Psychiatric only;

13. (13)

    1. (A) Public safety policy.
    2. (B) Sexual rehabilitative programs only; and

14. (14)

    1. (A) Target population and admission, exclusion, and discharge criteria policy.
    2. (B) Sexual rehabilitative programs only.

(d) If cameras are used for security or surveillance, the agency shall have a written policy governing their use, including the following:

1. (1) Access to the live viewing or recordings is limited to:

   1. (A) Persons approved by the administrator;
   2. (B) Law enforcement;
   3. (C) Division of Children and Family Services investigators;
   4. (D) Division of Children and Family Services personnel as approved or designated by the Director of the Division of Children and Family Services; or
   5. (E) Regulatory authorities;
2. (2) The placing authority and the child shall be informed regarding the use of cameras; and

3. (3) Cameras shall not be used to observe or record children while:

   1. (A) Toileting;
   2. (B) Bathing;
   3. (C) Dressing; or
   4. (D) Undressing.

(g) The agency shall meet all federal, state, and local laws and ordinances that apply to:

1. (1) Child welfare agencies; and
2. (2) The proper care of children in such facilities.

(h)

1. (1) The owner or board of directors shall:

   1. (A) Be responsible for operating the facility; and
   2. (B) Have final responsibility to ensure that the facility meets licensing requirements.
2. (2) Names and addresses of board members shall be provided to the licensing specialist annually.

(k) The agency shall notify the Child Welfare Agency Licensing Unit within five (5) days of any change of:

1. (1) Administrator;
2. (2) Social service director; or
3. (3) Clinical director.

(m)

1. (1) Agencies applying for an Arkansas license shall provide proof that they are licensed in good standing in:

   1. (A) Their home state, if applicable; and
   2. (B) All other states where they are licensed.
2. (2) If an agency is being disciplined or sanctioned in another jurisdiction, the Child Welfare Agency Review Board shall be notified.

(o)

1. (1) Agencies licensed in Arkansas shall maintain all required files for licensing review as needed.

2. (2) They may choose to:

   1. (A) Maintain these files in their offices in Arkansas; or
   2. (B) Arrange to provide the required files to the licensing staff.

(t)

1. (1) The license shall be closed in good standing if an agency is inactive for one (1) year, unless the agency requests annually in writing that the license remains active.
2. (2) This request shall be approved by the Child Welfare Agency Review Board.

(x) The agency shall not misrepresent the type or status of:

1. (1) Education;
2. (2) Training;
3. (3) Expertise;
4. (4) Licensure; or
5. (5) Professional affiliations.