- (a) The department shall conduct an announced monitoring visit prior to enrollment.
- (b) The department shall conduct an annual announced monitoring visit for all enrolled in-home child care providers in order to maintain enrollment.
- (c) The department shall issue a monitoring statement to the provider for each monitoring visit.
- (d) At the close of any monitoring visit, when an investigation is concluded, or as soon as possible thereafter, the department shall review with the provider a summary of any violations of He-C 6917 found during the visit.
- (e) The department shall issue the monitoring statement via email, if a valid email address has been provided by the provider, or by United States mail if an email address has not been provided.
(f) The provider shall complete a program improvement plan for each violation included on the monitoring statement, which shall include the following:
- (1) The action the provider has taken or will take to correct each violation;
- (2) The steps the provider will take to ensure compliance with He-C 6917 and the applicable statutes in the future;
- (3) The date by which each violation was corrected or will be corrected;
- (4) The interim measures the provider has implemented to protect the health and safety of children when the violation cannot be corrected immediately; and
- (5) The dated signature of the provider.
(g) The provider shall develop program improvement plans and return them to the department in accordance with the following:
- (1) The program improvement plan shall be submitted to the department within 21 calendar days of the date the monitoring statement is sent out by the department; and
- (2) The names of individuals, including children, shall not be included in the program improvement plans.
- (h) When a submitted program improvement plan in accordance with (f) above is not acceptable to the department in correcting the violation, the department shall issue a directed program improvement plan to the provider.
- (i) Notwithstanding (f), (g), and (h) above, when the department determines that there is an imminent threat to the health or safety of children, it shall issue a program improvement plan to the provider, without first offering the provider an opportunity to complete a program improvement plan.
(j) When the provider receives a program improvement plan issued by the department, in accordance with (h) and (i) above, it shall:
- (1) Add any additional details regarding the improvement plan the provider feels are necessary; and
- (2) Complete and return the program improvement plan in accordance with (f) above.
- (k) Notwithstanding (a) through (g) above, when a provider has repeatedly violated standards set forth in He-C 6917 or has violated a rule or statute which resulted in physical or mental injury to a child, or caused a child to be in danger of physical or mental injury, the department shall initiate enforcement action pursuant to He-C 6914.08 without first requesting that the provider submit a program improvement plan.
- (l) The provider shall comply with all department-approved program improvement plans.
(m) The provider shall:
- (1) Maintain on file on the premises and make available to all a copy of the monitoring statement and program improvement plan; and
- (2) Not alter the monitoring statement or program improvement plan issued by the department.
- (n) Except for relative providers and children being cared for in their own home by a relative as defined in He-C 6917.03(r), the department shall post the monitoring statement and program improvement plan within 5 days of the date of issue on the department website.
- (o) The department shall conduct follow up monitoring visits as needed to monitor the implementation of the program improvement plan.
- (p) The department shall revoke or deny a new applicant or renewal as an enrolled child care provider in accordance with He-C 6912, He- C 6914, He- C 6918, and He-C 6920.
Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23