1. A. No child care facility may be operated or maintained in this state, unless licensed or temporarily authorized by the Department of Human Services; provided, that the Department shall not be required to be licensed, but shall be bound by the standards it prescribes. No new child care facility may be established without the prior approval of the Department, which shall be granted only after the Department is satisfied that the facility will meet minimum standards for a license to operate. B. The Department shall not grant approval for a permit, or a license for a new child care facility to receive and care for children until: 1. All requirements for searches of criminal history records and the child care worker registry are met pursuant to subsection A of Section 404.1 of this title; and 2. All required training including, but not limited to, cardiopulmonary resuscitation (CPR), first aid, health and safety training, and minimum education requirements pursuant to licensing requirements have been completed for any person left alone with children. C. The incorporation or domestication of a corporation organized for the purpose of operating a child care facility shall not exempt such corporation from compliance with the provisions of this act. D. An application for a license shall be made on forms provided by the Department and in the manner prescribed. Temporary authorization may be granted to allow the Department to investigate the activities and standards of care of the applicant. The Department may issue a license once it is satisfied that the applicant meets the requirements as provided in this act. A provisional license may be issued upon satisfaction of the requirements of subsection B of this section to any applicant whose services are needed but which is temporarily unable to conform to all the rules of the Department, as provided in Section 404 of this title. All licenses shall be in force unless revoked as authorized by Section 407 of this title; provided, however, a provisional license may be in force for not more than one (1) year from the date of issuance, unless an emergency exists which, in the discretion of the Department, necessitates an extension thereof.

Laws 1953, SB 338, p. 19, § 5; Amended by Laws 1963, SB 168, c. 89, § 5, emerg. eff. May 23, 1963; Amended by Laws 1993, HB 1491, c. 122, § 5, emerg. eff. April 29, 1993; Amended by Laws 1999, SB 664, c. 130, § 1, emerg. eff. April 26, 1999 (superseded document available); Amended by Laws 2001, SB 39, c. 174, § 6, eff November 1, 2001 (superseded document available); Amended by Laws 2008, HB 2643, c. 296, § 4, eff. November 1, 2008 (superseded document available).