Child Care

Ark. Code Ann. tit. 20, ch. 78

in effect

Ark. Code Ann. § 20-78-101 Family planning information for parents of children in state custody.

(a) The Department of Human Services shall provide informational materials, including, but not limited to, parenting, child abuse, substance abuse, sexual abuse, and family planning, to parents whose children have been placed in state custody. (b) This information shall be provided to both natural and adoptive parents and shall be provided within thirty (30) days of placing the child in state custody.

Ark. Code Ann. § 20-78-102 Arkansas Children's Hospital — Annual report.

In order to provide accountability to the citizens of Arkansas for funds appropriated to a private institution, Arkansas Children's Hospital shall file, annually, a certified annual financial and operations report with the Legislative Joint Auditing Committee and the Chief Fiscal Officer of the State.

Ark. Code Ann. § 20-78-103 State or federal funds — Licensing requirements.

(a) The Department of Human Services shall not expend any state or federal funds for childcare services to any childcare facility unless that facility is licensed or approved by the Division of Child Care and Early Childhood Education of the Department of Human Services, or registered with the department except where care is provided by a relative in a setting otherwise exempt from licensure. (b) The provisions of this section shall not apply until January 1, 1992, to any facility which is currently exempt and which is providing childcare services to participants in the Project Success Program. (c) Before that time, such facilities may apply for licensure or become registered with the department. (d) After January 1, 1992, the facility must either be licensed or registered to qualify for state or federal funds.

Ark. Code Ann. § 20-78-104 Child Health and Family Life Institute.

(a)(1) The Child Health and Family Life Institute shall be administered under the direction of Arkansas Children's Hospital. (2) Arkansas Children's Hospital shall enter into a cooperative agreement or contract with the Department of Pediatrics of the University of Arkansas for Medical Sciences for services required in delivering the programs of the institute. (3) The KIDS FIRST Program, a component of the institute, shall receive priority consideration above all other programs of the institute when funding decisions are made by Arkansas Children's Hospital. (4) Arkansas Children's Hospital shall make quarterly reports to the Legislative Council on matters of funding, existing programs, and any new programs and services offered through the institute. (b)(1) The Chancellor of the University of Arkansas for Medical Sciences shall designate an individual from the department who shall provide administrative oversight of the cooperative agreements or contract with Arkansas Children's Hospital in delivering the programs of the institute. (2) The department shall make every effort to advance the KIDS FIRST Program statewide. (3) The designated administrator from the department shall make quarterly reports to the chancellor and the Legislative Council on all matters of funding, existing programs, and services offered through the institute.

Ark. Code Ann. § 20-78-105 Children's advocacy centers — Legislative intent.

(a) Currently, sexually abused children often have to describe their sexual abuse several times to different professionals at different locations. Many investigations are conducted with little collaboration between the agencies involved in the cases. Each agency's child abuse professionals are officed in a different facility, and interface during the investigation and management of cases is limited. Sexual abuse medical examinations are commonly performed in hospital emergency rooms and other sites that are frightening to children, lack the proper equipment, and often are staffed by physicians uncomfortable with these exams. It is the intent of the General Assembly to institute pilot programs to provide the services just described under one (1) roof and to provide a more child-friendly atmosphere, less trauma to the children and families, improved investigations and management, more effective utilization of multiagency information, greater protection of children, increased prosecution of perpetrators, and less unnecessary family intervention. (b) In order to accomplish these goals, the Department of Arkansas State Police is hereby authorized to utilize moneys appropriated for its maintenance and general operation to make grants to and to contract with children's advocacy centers for facilities and services. (c)(1) The Arkansas Child Abuse/Rape/Domestic Violence Commission shall advise the Department of Arkansas State Police as to children's advocacy centers which qualify for grants or contracts from the Department of Arkansas State Police. (2) Qualified children's advocacy centers should: (A) Provide a child-friendly, comfortable place for interviewing children and families, examining the children, and initiating services; (B) Provide crisis intervention for the child and family as well as appropriate referrals for psychological treatment if not available on site; and (C) Provide offices for law enforcement, employees of the Department of Human Services, and healthcare professionals in order to deliver collaborative evaluations and services.

Ark. Code Ann. § 20-78-106 Availability of records from children's advocacy centers during investigation of suspected cases of child abuse or neglect.

(a) Reports, correspondence, memoranda, case histories, medical records, or other materials compiled or gathered by a children's advocacy center shall be confidential and shall not be released or otherwise made available except: (1) To the attorney representing the abused child in a custody or juvenile case with an order of appointment or an order recognizing entry of appearance; (2) For any audit or similar activity conducted with the administration of any plan or program by any governmental agency that is authorized by law to conduct the audit or activity; (3) To law enforcement agencies, a prosecuting attorney, or the Attorney General; (4) To any licensing or registering authority to the extent necessary to carry out its official responsibilities, but the information shall be maintained as confidential; (5) To a grand jury or court upon a finding that: (A) Information in the record is necessary for the determination of a civil, criminal, or administrative issue before the court or grand jury; and (B) The information cannot be obtained from a person or entity described in subdivision (b)(2) of this section; (6) To the Department of Human Services; (7) To a court-appointed special advocate volunteer with a valid court order; (8) All records may be released to an attorney in any criminal, civil, or administrative proceeding or to a party in a criminal, civil, or administrative proceeding if the party is not represented by an attorney as permitted under criminal, civil, or administrative discovery rules upon a finding by the court that: (A) Information in the record is necessary for the determination of a criminal, civil, or administrative issue before a court or grand jury; and (B) The information cannot be obtained from a person or entity described in subdivision (b)(2) of this section; (9) Medical records may be released to a person providing medical or psychiatric care or services to the abused child; and (10) For bona fide instructional purposes by Arkansas Children's Hospital, the University of Arkansas for Medical Sciences, or a child advocacy center in the care, detection, treatment, and management of suspected child abuse and neglect. (b)(1) Except as provided in subdivision (b)(2) of this section, no person or agency to whom disclosure is made may disclose to any other person reports or other information obtained under this section. (2) Law enforcement agencies, a prosecuting attorney, the department, a court of competent jurisdiction, or the Attorney General may release reports or information obtained under this section. However, any report or information released under this subsection shall remain confidential. (c)(1) Nothing in this section shall deny or diminish the right of an attorney for a party or a party to a criminal, civil, or administrative proceeding to receive discovery as provided in this section in order for the attorney or party to: (A) Prepare for trial; (B) File appropriate pleadings; or (C) Present evidence in court. (2)(A)(i) The circuit court shall issue protective orders under the Arkansas Rules of Criminal Procedure or the Arkansas Rules of Civil Procedure, as applicable, to ensure that those items of evidence for which there is a reasonable expectation of privacy and that otherwise should be sealed are not distributed to persons or institutions that have no legitimate interest in the evidence. (ii) There is a reasonable expectation of privacy in the following items: (a) Audio or videotapes of a child witness; (b) Photographs of a child witness; (c) Name of a child victim; and (d) Medical records of a child victim. (B)(i) The administrative hearing officer or administrative law judge shall issue protective orders to ensure that those items of evidence for which there is a reasonable expectation of privacy and that otherwise should be sealed are not distributed to persons or institutions that have no legitimate interest in the evidence. (ii) There is a reasonable expectation of privacy in the following items: (a) Audio or videotapes of a child witness; (b) Photographs of a child witness; (c) Name of a child victim; and (d) Medical records of a child victim. (C)(i) The circuit court may enforce the orders with criminal or civil contempt or sanctions, as appropriate. (ii) The circuit court may modify or vacate a protective order for good cause. (iii) If a protective order was entered and has not been vacated, the remedy for a violation of the protective order is limited to criminal or civil contempt or sanctions by the circuit court in which the protective order was entered. (d) Except for purposes of enforcement concerning violations of a protective order under subsection (c) of this section, disclosure of information in violation of this section is a Class A misdemeanor.

Ark. Code Ann. § 20-78-107 Criminal background checks for employees of private businesses that provide short-term child care for patrons — Definition.

(a) A private business that provides short-term child care for its patrons shall perform a criminal history check with the Department of Arkansas State Police and a Child Maltreatment Central Registry check with the Department of Human Services for every employee that is employed in a capacity that directly or indirectly relates to providing care or supervision of any child. (b) Employees who have pleaded guilty or nolo contendere to or have been found guilty of an offense for which registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., is required shall be prohibited from having any direct or indirect contact with or performing duties that directly or indirectly relate to providing care or supervision of a child who is in short-term child care provided by the private business for its patrons. (c) As used in this section, “short-term child care” means that: (1) The child does not receive care for more than: (A) Five (5) hours per day; or (B) Ten (10) hours per week; (2) A parent or guardian is on the premises or is otherwise easily accessible; and (3) The facility cares for five (5) children or less at one time.

Ark. Code Ann. § 20-78-108 University of Arkansas for Medical Sciences — Building Effective Services for Trauma — Report.

The University of Arkansas for Medical Sciences shall report quarterly each fiscal year to the Legislative Council on program activities and the expenditure of funds from the Psychiatric Research Institute and Department of Pediatrics appropriation for Building Effective Services for Trauma programs provided to children and adolescents.

Ark. Code Ann. § 20-78-201 Title.

This subchapter shall be known and cited as the “Childcare Facility Licensing Act”.

Ark. Code Ann. § 20-78-202 Definitions.

As used in this subchapter, unless the context otherwise requires: (1)(A) “Child Care Appeal Review Panel” or “panel” means an eleven-member body under the Department of Human Services which shall serve as a review and appeal body regarding licensure or registration actions. (B)(i) The panel shall consist of eleven (11) members, including the following: (a) Three (3) early childhood professionals; (b) One (1) pediatric health professional; (c) One (1) parent of a child in a licensed early childhood program; (d) The Director of the Division of Child Care and Early Childhood Education or his or her designee who shall serve as Chair of the Child Care Appeal Review Panel and shall not vote; and (e) Five (5) licensed childcare providers representing a diversity of childcare settings. (ii) Legal counsel from the Office of the Attorney General shall serve as a facilitator of the panel and shall not serve as a voting member. (iii) Alternates shall be chosen to serve during times of absence or in cases of conflict of interest. Five (5) alternates shall be chosen as follows: (a) One (1) early childhood professional; (b) One (1) pediatric health professional; (c) One (1) parent of a child in a licensed early childhood program; and (d) Two (2) licensed childcare providers. (iv) Members of the panel shall not be members of the Arkansas Early Childhood Commission. (C)(i) The commission, from applications submitted, shall make panel selections from persons meeting the qualifications for service and exhibiting a willingness and time commitment to serve on the panel. (ii) Panel members may be replaced under the same guidelines as commission members. (D)(i) Members of the panel shall serve for three-year terms, not to exceed six (6) consecutive years of service on the panel. (ii) Members from the Office of the Attorney General and the director shall hold permanent offices. (E) Members of the panel shall receive no compensation other than normal state reimbursement for travel, meals, and lodging when applicable. (F) The panel shall schedule monthly meetings and may meet more often as necessary. (G) A majority of the panel shall constitute a quorum, and a majority of those present may decide any issue before the panel. In the event of a tie vote by the panel, the Division of Child Care and Early Childhood Education decision shall stand. (H)(i) Decisions of the panel shall be the final administrative appeal. (ii) Providers or the Division of Child Care and Early Childhood Education may appeal the panel's findings to the circuit court of the licensee's county of residence or to the Pulaski County Circuit Court. (I) There shall be no monetary liability on the part of and no cause of action for damages shall arise against any member of the panel for any act or proceeding undertaken or performed within the scope of the functions of the panel if the panel member acts without malice or fraud; and (2)(A)(i) “Childcare facility” means any facility which provides care, training, education, or supervision for any unrelated minor child, whether or not the facility is operated for profit and whether or not the facility makes a charge for the services offered by it. (ii) For the purposes of this subdivision (2), “related minor child” means a minor child related by blood, marriage, or adoption to the owner or operator of the facility or a minor child who is a ward of the owner or operator of the facility pursuant to a guardianship order issued by an Arkansas court of competent jurisdiction. (B) This definition includes, but is not limited to, a nursery, a nursery school, a kindergarten, a daycare center, or a family daycare home. (C) In any case where a facility or the owner or operator thereof is appointed guardian of a total of ten (10) or more minors, it shall be presumed that the facility, owner, or operator is engaged in child care and shall be subject to childcare facility licensure. (D) However, this definition does not include: (i) Special schools or classes operated solely for religious instruction; (ii) Facilities operated in connection with a church, shopping center, business, or establishment where children are cared for during short periods of time while parents or persons in charge of the children are attending church services, shopping, or engaging in other activities during the periods; (iii) Any educational facility, whether private or public, which operates solely for educational purposes in grades one (1) or above and does not provide any custodial care; (iv) Kindergartens operated as a part of the public schools of this state; (v) Any situation, arrangement, or agreement by which one (1) or more persons care for fewer than six (6) children from more than one (1) family at the same time; (vi) Any educational facility, whether public or private, which operates a kindergarten program in conjunction with grades one (1) and above and provides short-term custodial care before or following classes for those students; (vii)(a) Any recreational facility or program, whether public or private, which operates solely as a place of recreation for minor children. (b) For purposes of this subdivision (2), a “recreational facility or program” is defined as a facility or program which operates with children arriving and leaving voluntarily for scheduled classes, activities, practice, games, and meetings; (viii) Any state-operated facility to house juvenile delinquents or any serious offender program facility operated by a state designee to house juvenile delinquents, foster home, group home, or custodial institution. Those facilities shall be subject to program requirements modeled on nationally recognized correctional and child welfare standards, which shall be developed, administered, and monitored by the Division of Youth Services; and (ix) The Arkansas School for Mathematics, Sciences, and the Arts. (3) [Repealed.] (4) [Repealed.] (5) [Repealed.]

Ark. Code Ann. § 20-78-203 Penalties.

(a)(1) Any person violating any provisions of this subchapter and any person assisting any partnership, group, corporation, organization, or association in violating any provisions of this subchapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100). (2) Each day of the violation shall constitute a separate offense. (b)(1) The Division of Child Care and Early Childhood Education is authorized to impose monetary fines as civil penalties to be paid for failure to comply with the provisions of this subchapter or the rules promulgated pursuant thereto. (2) In determining whether a civil penalty is to be imposed, the following factors shall be considered by the division: (A) The gravity of the violation, including the probability that death or serious physical harm to a child will result or has resulted, the severity and scope of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated; (B)(i) The exercise of good faith. (ii) Indications of good faith include, but are not limited to, awareness of the applicable statutes and rules and reasonable diligence in securing compliance, prior accomplishments manifesting the desire to comply with the requirements, efforts to correct, and any other mitigating factors in favor of the operator; (C) Any relevant previous violations committed; and (D) The financial benefit of committing or continuing the violation. (c) Before the imposition of monetary fines, the division shall provide notice and an opportunity to be heard before the Child Care Appeal Review Panel in accordance with hearing procedures in effect for the revocation or suspension of licenses. (d) With the review and approval of the Arkansas Early Childhood Commission, the division shall publish and promulgate rules classifying violations as follows: (1)(A)(i) Class A violations involve essential standards that must be met for substantial compliance with licensing requirements. (ii) These standards address fire, health, safety, nutrition, staff-to-child ratio, and space. (B)(i) Operation of an unlicensed childcare facility shall be considered a Class A violation. (ii) However, the definition of unlicensed childcare facility shall not be interpreted to include exempt childcare facilities as defined in § 20-78-209. (C) Class A violations are subject to a civil penalty of one hundred dollars ($100) for each violation; and (2)(A) Class B violations involve administrative standards and standards that do not directly threaten the immediate health, safety, or welfare of the children. (B) Class B violations are subject to a civil penalty of fifty dollars ($50.00) for each violation. (e)(1) Each day of occurrence of a Class A or Class B violation shall constitute a separate violation. (2) Aggregate fines assessed for violation in any one (1) month shall not exceed five hundred dollars ($500) for Class A violations or two hundred fifty dollars ($250) for Class B violations. (f)(1) When a childcare facility has been found by the division to have committed Class A or Class B violations, then upon final administrative determination by the panel, notice shall be posted in the childcare facility stating the violations found by the division to have occurred and the current status of the license. (2) This notice shall be posted in the childcare facility in a conspicuous place clearly visible to all staff, to all other individuals in the childcare facility, and to all visitors to the childcare facility. (g)(1) Failure to post a proper notice as required by this section shall be considered to be a Class B violation for which civil penalties may be imposed as authorized by this section. (2) Each day of noncompliance shall constitute a separate offense.

Ark. Code Ann. § 20-78-204 Injunction.

When any person, partnership, group, corporation, organization, or association shall operate or assist in the operation of a childcare facility which has not been licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services or has had the license denied, suspended, or revoked and has been ordered to cease and desist operation, in accordance with the provisions of this subchapter, the division shall have the right to go into the circuit court in the jurisdiction in which the childcare facility is being operated and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the person, partnership, group, corporation, organization, or association from operating the childcare facility.

Ark. Code Ann. § 20-78-205 Division of Child Care and Early Childhood Education.

(a) There is created the Division of Child Care and Early Childhood Education within the Department of Human Services. In creating the division, the General Assembly intends for the following to be maintained and enhanced: (1) Coordination of existing early childhood education and childcare programs; (2) Placement of children in quality early childhood programs which support their development and readiness for school; (3) Development of new childcare services under welfare reform which promote the developmental needs of children receiving transitional employment assistance benefits or other forms of public assistance; (4) Quality program standards for all early childhood and childcare programs; (5) State support for early childhood and childcare programs to attain quality program standards; (6) Economic and cultural integration of children in early childhood programs; (7) Access to additional support services for early childhood and childcare programs, such as healthcare and nutrition services; (8) Career development opportunities for early childhood program staff; (9) On-going interagency planning and collaboration in regard to early childhood and child care; (10) Parent support and education in choosing appropriate early childhood programs for their children; and (11) State support for local leadership, program innovation, and excellence in early childhood and care programs. (b) The Division of Child Care and Early Childhood Education shall have the following duties: (1) Administration of the Child Care and Development Block Grant and other childcare funds, state and federal, that are available to the department; (2) Administration of the Arkansas Better Chance Program, under interagency agreement with the Division of Elementary and Secondary Education; (3) Administration of the Arkansas Special Nutrition Program; (4) Establishment and promulgation of rules setting standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of childcare facilities in this state, as defined by § 20-78-202; (5) Staff support for the operation of the Arkansas Early Childhood Commission; (6) Provide consultative resources for the private sector in developing childcare programs; (7) Provide consultative resources for the private sector in developing childcare facilities; (8) Solicit grant funds for exemplary early childhood and childcare programs; and (9) Administration of the birth through prekindergarten teaching credential and the promulgation of rules to implement the teaching credential program under § 20-78-801 et seq. (c)(1) In addition to any other rights, powers, functions, and duties granted by law to the Division of Child Care and Early Childhood Education, the department is hereby authorized to promote and cooperate in the establishment of a foundation under the Arkansas nonprofit corporation law and to accept support and assistance in the form of money, property, or otherwise from the foundation to be used to enhance quality, affordability, and availability of child care and early education for all children in the state. (2) If a foundation is established for the early care and education of children and if the department shares resources or facilities with the foundation or accepts support and assistance from the foundation, the foundation shall file annually a report with the Governor, the Legislative Council, and the Legislative Joint Auditing Committee showing the amount and source of all gifts, grants, and donations of money or property received by the foundation and all expenditures or other dispositions of money or property by the foundation during the preceding year. (3) After consultation with the commission, the Director of the Division of Child Care and Early Childhood Education shall prepare rules for the use of foundation funds. The director shall submit the proposed rules to the Legislative Council for its review. (4) No person over whom the department has day-to-day managerial control shall receive compensation or remuneration from funds not in the State Treasury. (d)(1) The Division of Child Care and Early Childhood Education shall create and make available on the website of the department a form and graphical chart that concisely explains the: (A) Minimum licensing requirements for a licensed home; (B) Minimum licensing requirements for a licensed childcare center; (C) Procedure for obtaining licensure as a licensed home or licensed childcare center; (D) Registration requirements for a registered childcare family home; (E) Procedure for registering as a registered childcare family home; (F) Voluntary registry of daycare family homes; (G) Procedure for registering a daycare family home with the voluntary registry; (H) Availability of federal or state funds, grants, programs, or other financial assistance, including without limitation the: (i) Community Facilities Guaranteed Loan Program; (ii) Community Development Block Grant; (iii) Child and Adult Care Food Program; (iv) Child Care and Development Block Grant; (v) Early Head Start-Child Care Partnership Grant; (vi) Arkansas Better Chance Program; and (vii) Arkansas Special Nutrition Program; and (I) Availability of a federal or state tax credit or other federal or state tax benefit, including without limitation the employer-provided child care credit that is available to taxpayers under §§ 26-51-507 and 26-51-508. (2) The Division of Child Care and Early Childhood Education shall place a form and graphical chart created in accordance with subdivision (d)(1) of this section in a conspicuous location on the website of the department.

Ark. Code Ann. § 20-78-206 Division of Child Care and Early Childhood Education — Rules.

(a)(1)(A) The Division of Child Care and Early Childhood Education shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of a childcare facility. (B) In developing proposed rules, the division shall consult with the Secretary of the Department of Health or his or her designated representative in regard to rules relating to health. (2)(A)(i) However, no childcare facility shall continue to admit a child who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and any other diseases as designated by the State Board of Health within fifteen (15) program days after the child's original admission. (ii) The immunization shall be evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization. The division shall consult with the Secretary of the Department of Education or his or her designated representative in regard to rules relating to education. (B)(i) The provisions of subdivision (a)(2)(A) of this section pertaining to immunizations shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian. (ii) The parents or legal guardian of the child shall complete an annual application process developed in the rules of the Department of Health for medical, religious, and philosophical exemptions. (iii) The rules developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to: (a) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection; (b) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination; (c) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and (d) A signed statement of understanding that: (1) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (2) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school. (iv) No exemptions may be granted under this subdivision (a)(2)(B) until the application process has been implemented by the Department of Health and completed by the applicant. (v) Furthermore, the provisions of subdivision (a)(2)(A) of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability. (3) The Secretary of the Department of Health and the Secretary of the Department of Education and their designated representatives are directed to cooperate with and assist the division in developing rules in the respective areas of health and education. (4) In developing these rules, the division shall consult with such other agencies, organizations, or individuals as it shall deem appropriate. (5) Rules promulgated by the division pursuant to this section may be amended by the division from time to time, provided that any amendment to the rules shall be published and furnished to all licensed childcare facilities and to all applicants for a license at least sixty (60) days before the effective date of the amendment. (b) In establishing requirements and standards for the granting, revocation, refusal, and suspension of a license for a childcare facility, the division shall adopt such rules as will: (1) Promote the health, safety, and welfare of children attending a childcare facility; (2) Promote safe, comfortable, and healthy physical facilities for the children who attend the childcare facility; (3) Ensure adequate supervision of the children by capable, qualified, and healthy individuals; (4) Ensure appropriate educational programs and activities; and (5) Ensure adequate and healthy food service where food service is offered by the childcare facility. (c)(1) Questions between providers and the division concerning substantial compliance with the published standards, founded licensing complaints, denials of alternative compliance requests, and adverse actions shall first be appealed through the division's internal appeal process and then may be appealed through the Child Care Appeal Review Panel for determination. (2) The division shall follow the procedures prescribed for adjudication in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in exercising any power authorized by § 20-78-213. (d) If, upon the filing of a petition for a judicial review, the reviewing court enters a stay prohibiting enforcement of a decision of the division, the court shall complete its review of the record and announce its decision within one hundred twenty (120) days of the entry of the stay. If the court does not issue its findings within one hundred twenty (120) days of the issuance of the stay, the stay shall be considered vacated. (e) All rules promulgated pursuant to this section shall be reviewed by the Senate Committee on Children and Youth or an appropriate subcommittee thereof and the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs. (f)(1) Any person with reasonable cause to suspect that a childcare facility has violated any provision of this subchapter or any rule of the division may immediately notify the Department of Human Services. (2) The Department of Human Services shall not release data that would identify the person who made the report or who cooperated in a subsequent investigation of a childcare facility unless a court of competent jurisdiction orders the release of information for good cause shown. (3) Following the inspection and investigation of a childcare facility as provided under this subsection, the Department of Human Services shall, upon request, provide information to the person or agency reporting the suspected violation as to whether an investigation has been conducted. (4) Willfully making false notification pursuant to this subsection shall be a Class C misdemeanor.

Ark. Code Ann. § 20-78-207 Declaratory judgments on licensing rules.

Any rule promulgated by the Division of Child Care and Early Childhood Education under authority of § 20-78-206 or under any other childcare facility licensing law shall, at the suit of any interested person instituted in the Pulaski County Circuit Court, be subject to remedies provided by law for obtaining declaratory judgments. However, the division must be named a party defendant and summoned as in an action by ordinary proceedings.

Ark. Code Ann. § 20-78-208 Unlicensed childcare facility unlawful.

(a) It shall be unlawful for any person, partnership, group, corporation, organization, or association to operate or assist in the operation of a childcare facility which has not been licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services. (b) It shall be unlawful for any person to falsify an application for licensure, to knowingly circumvent the authority of this subchapter to knowingly violate the orders issued by the division, or to advertise the provision of child care which is not licensed or approved or exempt by the division. (c) A violation of this section shall be a Class C misdemeanor.

Ark. Code Ann. § 20-78-209 License — Religious exception — Definitions.

(a) Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929, § 26-51-101 et seq., when operating a childcare facility shall be exempt from obtaining a license to operate the childcare facility upon the receipt by the Division of Child Care and Early Childhood Education of written request therefor. A written request shall be made by those churches desiring exemption to the division, which is mandated under the authority of this subchapter to license all childcare facilities. (b)(1) In order to maintain an exempt status, the childcare facility shall maintain in its files verification that its childcare facility has met the required fire, safety, and health inspections on an annual basis and is in substantial compliance with published standards that similar nonexempt childcare facilities are required to meet. (2) Visits to review and advise exempt childcare facilities shall be made as deemed necessary by the division to verify and maintain substantial compliance with all published standards for nonexempt childcare facilities. (3) Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child is not endangered. (4) Standards for corporal punishment shall be as established by present rules unless alternative compliance is granted by the division. (c)(1) Any questions of substantial compliance with the published standards, adverse actions, founded licensing complaints, and denied requests for alternative compliance shall be appealed first through the division's internal appeal process and then may be appealed to the Child Care Appeal Review Panel for determination. (2) Final administrative actions of the division shall be pursued by either party in the court of competent jurisdiction in the resident county of the childcare facility under review. (3) Challenge to the constitutionality or reasonableness of any rule or statute may be made before any appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) As used in this section, the term “substantial compliance” and as used in §§ 20-78-201 — 20-78-206, 20-78-208, 20-78-210 — 20-78-214, and 20-78-218, the term “is being operated in accordance with this act” shall each mean that a church-operated exempt or a nonexempt childcare facility is being operated within the minimum requirements for substantial compliance as promulgated by the division. It is the intent and purpose of this section that the term “substantial compliance” be applicable to all childcare facilities. (e) This section is cumulative to all other acts heretofore enacted.

Ark. Code Ann. § 20-78-210 License — Application and issuance.

(a) Any person, partnership, group, corporation, organization, or association desiring to operate a childcare facility shall first make application for a license for a childcare facility to the Division of Child Care and Early Childhood Education on the application forms furnished for this purpose by the division. (b) The division shall act on any application within sixty (60) days after it has been received by the division. (c) If an applicant meets the requirements of this subchapter and the published rules of the division regarding minimum standards for a childcare facility, then the applicant shall be granted a license by the division as a childcare facility. This license shall continue in effect until revoked or suspended as provided in this subchapter. (d) In issuing a license for a childcare facility, the division may limit the number of children who may be served by that childcare facility. (e) In issuing an initial license or reviewing a current license for a childcare facility, the division shall require that during regular business hours at least one (1) adult member of the staff who is certified in infant and child cardiopulmonary resuscitation shall be present within the physical confines of the childcare facility.

Ark. Code Ann. § 20-78-211 License — Provisional.

(a) If the Division of Child Care and Early Childhood Education finds that an applicant for a childcare facility meets the licensing requirements for a childcare facility in the main and has a reasonable expectation of correcting deficiencies in a reasonable time, then the division may, in its discretion, issue a provisional license for a childcare facility. (b) The provisional license shall be in effect for a reasonable time, which time shall be specified in the provisional license. (c) Issuance of provisional licenses shall be in accordance with the published rules adopted by the division in accordance with this subchapter.

Ark. Code Ann. § 20-78-212 License — Nontransferability.

(a) A license for a childcare facility shall apply only to the address and location stated on the application and license issued, and it shall not be transferable from one holder of the license to another or from one (1) place to another. (b) If the location of a childcare facility is changed or the owner of the childcare facility is changed, then the license for that childcare facility shall automatically be revoked upon such a change.

Ark. Code Ann. § 20-78-213 License — Denial, revocation, or suspension.

(a) The Division of Child Care and Early Childhood Education shall have the power to deny, revoke, or suspend a license for a childcare facility if an applicant or licensee has failed to comply with the provisions of this subchapter or any published rule of the division, subject to appeal before the Child Care Appeal Review Panel. (b) If a license is denied, revoked, or suspended, the denial, revocation, or suspension shall be effective when made. The division shall notify the applicant or licensee of the action in writing and set out the basis for the denial, revocation, or suspension of the license.

Ark. Code Ann. § 20-78-214 Inspections and investigations of childcare facilities and personnel — Child abuse.

(a) The Division of Child Care and Early Childhood Education or any other agency of the State of Arkansas which the division asks to assist it is authorized to make an inspection and investigation of any proposed or operating childcare facility and of any personnel connected with that childcare facility to the extent that an inspection and investigation is required to determine whether this childcare facility will be or is being operated in accordance with this section and with the published rules of the division for childcare facilities. (b) However, the division or any other public agency having authority or responsibility with respect to child abuse shall have the authority to investigate any alleged or suspected child abuse in any childcare facility. Nothing contained in this section shall be construed to limit or restrict that authority.

Ark. Code Ann. § 20-78-215 Child sexual abuse — Federal funds — Legislative intent.

(a)(1) By the enactment of this section, it is the specific intent of the General Assembly to ensure that the State of Arkansas may qualify for the maximum amount of federal funds made available through Pub. L. No. 98-473 or any subsequent and related federal legislation enacted for use in reducing the incidence of child sexual abuse. (2) Specifically, rules promulgated by the Secretary of the Department of Human Services pursuant to this section may address federally mandated requirements for employment history and background checks and nationwide criminal record checks, as may be necessary in accordance with the provisions of Pub. L. No. 92-544, for all operators, staff, or employees, or prospective operators, staff, or employees of the childcare facilities or programs as defined in this section. (b) In order to enable the State of Arkansas to fully participate and share in federal funds made available to the states through the Social Services Block Grant Act, or otherwise for the purposes of reducing and eliminating the incidence of child sexual abuse in childcare facilities, as defined in § 20-78-202(2), the secretary is authorized at his or her discretion to promulgate, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., rules implementing such federal requirements as may be placed upon the states to qualify for the funds. (c) Persons, other than the State of Arkansas, shall not acquire actionable right by virtue of this section.

Ark. Code Ann. § 20-78-216 Records and reports.

The Division of Child Care and Early Childhood Education may by published rules require that a licensed childcare facility keep and make available to the division records and periodic reports as shall be necessary to assist the division in determining whether the requirements of this subchapter and of the division's rules regarding childcare facilities are being complied with.

Ark. Code Ann. § 20-78-217 Smoking prohibited — Legislative intent.

(a) Whereas, health authorities have established that smoking is not conducive to good health and that children exposed to smoking face a potential health hazard, therefore, it is the intent of the Seventy-Fifth General Assembly to ban smoking in the physical confines of the day care centers licensed by the Division of Child Care and Early Childhood Education. (b) The division is directed to promulgate sufficient rules to ensure that state licensing requirements for day care center operations contain a stipulation which bans smoking within the physical confines of each day care center.

Ark. Code Ann. § 20-78-218 Administration of subchapter.

The Division of Child Care and Early Childhood Education shall continue to be the administrative agency to administer the provisions of this subchapter in accordance with the rules and standards for the licensing and operation of childcare facilities as promulgated by the division.

Ark. Code Ann. § 20-78-219 Fines and penalties — Disposition of funds.

(a) If any licensee fails to pay any monetary fine imposed as a civil penalty within sixty (60) days of the Division of Child Care and Early Childhood Education's decision imposing the penalty, the amount of the fine shall be considered to be a debt owed the State of Arkansas and may be collected by civil action. (b)(1) All fines and penalties collected under the provisions of this subchapter shall be special revenues to be deposited into the State Treasury to the credit of a special fund to be known as the “Child Care Fund”, to be used by the division to meet the costs of conducting the statewide criminal records checks required under § 20-78-606 or to provide grants to childcare facilities for enhancement of the childcare facility or for training of personnel in childcare facilities under the direction of the division. (2) Subject to those rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Human Services is authorized to transfer all unexpended funds relative to the fines and penalties collected from childcare facilities as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Ark. Code Ann. § 20-78-220 Persons or facilities abusing juveniles in their custody.

(a) If a juvenile is found to be abused or neglected due to the acts or omissions of a person other than the parent or guardian of the juvenile, the court may enter an order restraining or enjoining the person or facility employing that person from providing care, training, education, or supervision of juveniles of whom the person or facility is not the parent or guardian. (b) If the person or facility restrained or enjoined was not subject to this subchapter, the court may order the person or facility to obtain a license from the Division of Child Care and Early Childhood Education of the Department of Human Services as a condition precedent to the person or facility providing care, training, education, or supervision of any juveniles of which the person or facility is not the parent or guardian. If the court so orders, this subchapter shall thereafter apply to the persons or facility subject to the court order. (c)(1) Information pertaining to child maltreatment is confidential under the Child Maltreatment Act, § 12-18-101 et seq. (2) The division may receive information from any investigative agency on child maltreatment cases conducted within a childcare facility and relative to licensure under this subchapter, including specific allegations, a factual description of the investigative findings, and the investigative determination. (3) The division shall accept the investigative determinations of the appropriate investigative agencies for consideration in any action on childcare facility licenses.

Ark. Code Ann. § 20-78-221 Voluntary registration.

(a) Registry. There shall be created a voluntary registry of day care family homes that are not required by this subchapter to be licensed by the Division of Child Care and Early Childhood Education. The registry shall be maintained by the division. (b) Procedure for Registration. Day care family homes exempt from licensure may voluntarily register the home with the registry established, operated, and maintained by the division. A person wishing to participate in the voluntary registry shall make an application to the division. Upon receipt of the application, the division shall review the applicant's written application, qualifications, and proposed operation to determine compliance with registry rules. The division shall issue a certificate of registration to the applicant which authorizes the applicant to operate a registered day care family home only upon final determination of an applicant's compliance with the rules established for registration. (c) Rules. (1) The division is authorized to establish rules that a day care family home shall meet in order to be registered by the Department of Human Services. (2) The division shall have the right to enter and inspect a registered day care family home if there is reason to believe that the home is in violation of the registry rules and to ensure compliance with the rules established by the division. (d) Removal or Denial of Registration. If after review of the submitted application, it is determined that the day care family home is not in compliance with the rules for the registry as established by the division, the division shall immediately deny or remove the home from the registry. Upon removal from the registry, a day care family home may no longer be considered a registered home. (e) Right to Appeal. (1) A person whose registration has been denied or who is removed from the voluntary registry due to violation of rules may appeal the action to the department in accordance with Arkansas law and state rules. (2) The appeal does not stay the denial or removal from the registry. (f) Renewal of Registration. (1) The registration of the day care family home shall continue in effect until removed as provided in this subchapter. (2) The division shall have the right to investigate and inspect the premises when there is reason to believe that violations exist and to make sure that the home is still in compliance with the rules established for the voluntary registry of day care family homes. (g) Surrender of Registration. At any time, the owner of the registered day care family home may voluntarily surrender his or her certificate of registration. Upon surrender, that home shall be removed from the registry of day care family homes operated by the division.

Ark. Code Ann. § 20-78-222 Continuing education.

(a)(1) All persons employed by a childcare facility who work directly with children shall receive at least ten (10) hours per year of continuing early childhood education as approved by the Division of Child Care and Early Childhood Education of the Department of Human Services. (2) Topics appropriate for continuing early childhood education shall include, but not be limited to, the following: (A) Child growth and development; (B) Nutrition and food service; (C) Parental communication and involvement; (D) Curricula and curriculum development; (E) Developmentally appropriate practice and learning environments; (F) Behavior management; (G) Emergency care and first aid; and (H) Administration and management of early childhood programs. (b) Evidence satisfactory to the division of each employee's completion within the past twelve (12) months of continuing education shall be maintained by the childcare facility as part of the childcare facility's personnel records. (c) The failure of a childcare facility to comply with this requirement shall be grounds for the denial, revocation, or suspension of a license issued pursuant to this subchapter.

Ark. Code Ann. § 20-78-223 License fees — Disposition.

(a) The Division of Child Care and Early Childhood Education of the Department of Human Services shall not issue or maintain a license to a childcare facility unless the license fee is paid at the annual licensing or renewal date. The license fee is: (1) Fifteen dollars ($15.00) per year for childcare facilities serving fewer than seventeen (17) children; (2) Fifty dollars ($50.00) for childcare facilities serving seventeen (17) to ninety-nine (99) children; and (3) One hundred dollars ($100) per year for childcare facilities serving one hundred (100) or more children. (b) The division shall transmit the fees monthly to the Treasurer of State to be deposited as special revenues into the Child Care Fund.

Ark. Code Ann. § 20-78-224 Child Care Fund.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, the Child Care Fund, to be administered by the Division of Child Care and Early Childhood Education of the Department of Human Services. (b) The division shall certify each month the amount of fees collected and deposited to the fund and shall transmit, from funds appropriated for the maintenance and operation of the division, an amount of money equal to one-half (½) of the fees transmitted to the Treasurer of State.

Ark. Code Ann. § 20-78-225 Child safety alarm devices.

(a) All agencies or childcare facilities licensed by the Department of Human Services under this subchapter or the Child Welfare Agency Licensing Act, § 9-28-401 et seq., that transport children shall have approved child safety alarm devices installed on any vehicles designed or used to transport more than seven (7) passengers and one (1) driver. (b)(1) All such vehicles in active child transportation service before July 1, 2005, shall have a child safety alarm device installed by a qualified technician or mechanic no later than December 31, 2005. (2) On or after July 1, 2005, each newly acquired vehicle placed in child transportation service shall have a child safety alarm installed before placing the vehicle into service. (3) Any agencies or childcare facilities required to have approved child safety alarm devices installed in a vehicle shall ensure that the devices are maintained and are in proper working order any time that the vehicle is in use for transporting children. (c) The department shall: (1) Maintain a list of approved child safety alarm devices; and (2) Promulgate rules as necessary for the proper implementation of this section. (d) Contingent upon the availability of funding for this purpose, the department may provide reimbursement to agencies or childcare facilities required under this section to retrofit vehicles in service before July 1, 2005, but the requirement to have approved child safety alarm devices in vehicles as required under this section shall not be contingent on the availability of funding or upon an agency's or a childcare facility's eligibility for reimbursement.

Ark. Code Ann. § 20-78-226 Violation.

(a) It shall be unlawful to transport children in a vehicle that is required to have an approved child safety alarm device as provided under § 20-78-225 if the approved child safety alarm device: (1) Has not been installed; (2) Is not in proper working condition; or (3) Has been disconnected. (b) Any person who knowingly violates the provisions of this section shall be guilty of a Class A misdemeanor.

Ark. Code Ann. § 20-78-227 General liability insurance coverage required.

(a) The purpose of this section is to enhance safe and responsible passenger transportation of children in child care by requiring appropriate liability insurance and driver training. (b)(1) The Division of Child Care and Early Childhood Education of the Department of Human Services, in collaboration with the State Insurance Department, shall develop and promulgate rules requiring sufficient and appropriate minimum levels of general liability insurance coverage for licensed childcare centers and licensed and registered childcare family homes, including coverage for transportation services when applicable. (2) A state institution, political subdivision, or other entity that is entitled to immunity from liability under § 21-9-301 is not required to have general liability insurance coverage in order to be licensed. (c) The division shall promulgate rules requiring all drivers of vehicles transporting children on behalf of licensed childcare centers and licensed and registered childcare family homes to complete a comprehensive program of driver safety training.

Ark. Code Ann. § 20-78-228 Childcare facility floor plan on file with emergency management coordinator — Definition.

(a)(1) As used in this section, “floor plan” means a document containing: (A) A schematic drawing of facilities and property used by the childcare facility, including the configuration of rooms, spaces, and other physical features of buildings; (B) The location or locations where children enrolled in child care spend time regularly; (C) The escape routes approved by the local fire department for the childcare facility or faculties; (D) The ages of children served by the childcare facility; (E) The licensed capacity of children enrolled in the childcare facility; and (F) The contact information for at least two (2) emergency contacts for the childcare facility. (2) An aerial view of the childcare facility and property used by the childcare facility shall be included with the floor plan if available. (b) A childcare facility licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services under this subchapter or the Child Welfare Agency Licensing Act, § 9-28-401 et seq., shall file a copy of the childcare facility's floor plan with the emergency management coordinator through the statewide Smart911 system for the local office of emergency management or the inter-jurisdictional office of emergency management that serves the area where the childcare facility is located within: (1) Thirty (30) days of receiving a license; and (2) Thirty (30) days of a change or modification to the floor plan. (c) The emergency management coordinator shall ensure that the childcare facility's floor plan submitted under subsection (b) of this section is available at the 911 public safety communications center and the local office of emergency management or the interjurisdictional office of emergency management that serves the area where the childcare facility is located. (d) The Department of Human Services shall adopt rules as necessary to implement this section.

Ark. Code Ann. § 20-78-301 Purpose.

It is the purpose of this subchapter to permit the Division of Children and Family Services of the Department of Human Services to cooperate with public agencies or private nonprofit organizations of adjoining states to provide services for residents of Arkansas that are in need of regular or therapeutic child care.

Ark. Code Ann. § 20-78-302 Authority to enter agreements.

Subject to the conditions and limitations contained in this subchapter, the Division of Children and Family Services of the Department of Human Services may enter into agreements with public agencies, private nonprofit organizations, or combinations thereof from adjoining states for the purpose of performing the responsibility to the residents of Arkansas that are in need of regular or therapeutic child care. This includes financial participation, using any funds that are at the division’s disposal, to the extent that similar services would be performed within the state.

Ark. Code Ann. § 20-78-303 Requirements of agreements.

Every agreement or contract entered into in accordance with this subchapter shall specify the following: (1) Full names and addresses of all parties to the agreement; (2) The precise organization, composition, and nature of the legal or the administrative entity that will be providing services together with its powers and limitations and the manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking; (3) A description of the joint or cooperative undertaking that specifies the duties and responsibilities of all parties to the agreement; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget thereof, or in the case whereby one of the participants agrees to furnish specified services, the financial arrangements therefor; (5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such a partial or complete termination; and (6) Any other necessary and proper methods.

Ark. Code Ann. § 20-78-304 Attorney General approval.

Every agreement made hereunder shall, before and as a condition precedent to its entry into force, may at the discretion of the Division of Children and Family Services of the Department of Human Services, be submitted to the Attorney General, who shall determine whether the agreement is in proper form and compatible with the laws of this state. The Attorney General shall approve any agreement submitted to him or her hereunder unless he or she shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the division and the governing bodies concerned with the agreement the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within twenty (20) days of its submission shall constitute approval thereof.

Ark. Code Ann. § 20-78-305 Status of agreements.

Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact.

Ark. Code Ann. § 20-78-501 Creation — Composition — Meetings.

(a)(1) There is hereby established the Arkansas Early Childhood Commission, to be composed of eleven (11) members. (2) The Chair of the Arkansas Early Childhood Commission shall be selected annually by majority vote of the commission. (b) The following members of the commission shall be appointed by the Governor, subject to confirmation by the Senate: (1) One (1) member affiliated with childcare provider agencies, organizations, or programs; (2) One (1) member affiliated with the Arkansas Head Start State Collaboration Office; (3) One (1) member affiliated with a Home Instruction for Parents of Preschool Youngsters program; (4) One (1) member employed as an administrator by a public school district; (5) One (1) member who is a parent of a child who attends a childcare program; (6) One (1) member who is a clinical provider of childhood behavioral and mental health services specializing in prevention and early intervention; and (7) One (1) member representing the Arkansas Association of Colleges for Teacher Education Council of Deans. (c) The members identified in subsection (b) of this section shall serve three-year terms. (d) The remaining membership shall consist of: (1) The Chair of the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs or his or her designee; (2) The Chair of the Senate Committee on Children and Youth or his or her designee; (3) The Chair of the House Committee on Education or his or her designee; and (4) The Chair of the Senate Committee on Education or his or her designee. (e)(1) The commission shall meet at least quarterly and at such other times as may be deemed necessary for the performance of the duties of the commission. (2) Special meetings of the commission may be called by the Chair of the Arkansas Early Childhood Commission or by agreement of a majority of the members of the commission. (f)(1) The members of the commission shall serve without compensation or per diem but shall be entitled to reimbursement for actual expenses incurred in the performance of duties as members of the commission. Expense reimbursement shall be in accordance with state travel and official business expense reimbursement procedures and rules. (2) Expense reimbursement shall be paid from funds appropriated to the Division of Child Care and Early Childhood Education for this purpose. (g) The commission shall report annually to the House Committee on Education and the Senate Committee on Education as set out in § 20-78-502.

Ark. Code Ann. § 20-78-502 Duties — Assistance.

(a) The Arkansas Early Childhood Commission shall have the following duties and responsibilities and shall annually report its progress toward the following: (1) Advising the Division of Child Care and Early Childhood Education on the administration of the Arkansas Child Care Facilities Loan Guarantee Trust Fund; (2) Providing technical assistance in the design of training programs to enhance the skills of professionals in early childhood programs, including the development of an annual comprehensive training plan for providers; (3) Examining the recommendations of national and regional groups and systems producing scientifically proven and cost-effective results used by others to provide child care and early childhood services; (4) Assisting in the development of a comprehensive long-range plan for the expansion, development, and implementation of early childhood programs in Arkansas, including recommending the allocation and expenditures of funds appropriated to the Arkansas Better Chance Program; (5) Facilitating coordination and communication among state agencies providing early childhood programs in order to promote nonduplication and coordination of services in the programs and recommending a structure for the administration of the currently existing programs and the recommended programs; (6) Advising the Division of Elementary and Secondary Education and other appropriate state agencies on the development of programmatic standards for early childhood programs to be funded with funds appropriated to the Division of Elementary and Secondary Education or to such other state agencies as may receive appropriations for such purposes; (7) Promoting strong local community support for early childhood education programs; (8) Promoting public awareness of child care and early childhood programs; and (9) From the applications submitted, making Child Care Appeal Review Panel selections from persons who meet the qualifications for service and who exhibit a willingness and time commitment to serve on the panel. (b) The Division of Child Care and Early Childhood Education shall assist the commission in carrying out its duties and responsibilities.

Ark. Code Ann. § 20-78-503 Arkansas Child Care Facilities Loan Guarantee Trust Fund.

(a)(1) There is established a cash fund account of the Division of Child Care and Early Childhood Education of the Department of Education to be known as the “Arkansas Child Care Facilities Loan Guarantee Trust Fund”. (2) The cash fund account established under subdivision (a)(1) of this section shall be : (A) Maintained in one (1) or more financial institutions of the state; and (B) Administered in accordance with this subchapter. (b) The division is hereby authorized to accept moneys for the fund from any source, including, but not limited to, allocations from the Treasurer of State as provided in § 20-78-504. (c) The fund shall be a continuing fund, not subject to fiscal year limitations, and shall be used to guarantee loans for the expansion or development of childcare facilities in this state and as provided in subsection (d) of this section. (d) Any interest at the end of the fiscal year which exceeds the amount necessary to cover loan defaults occurring during that fiscal year shall be made available for professional development and quality improvement activities and grants, including without limitation to support an early childhood foundation or public-private partnership. (e) The fund shall be administered by the division with technical assistance from the Arkansas Early Childhood Commission and the Arkansas Development Finance Authority.

Ark. Code Ann. § 20-78-504 Moneys for Arkansas Child Care Facilities Loan Guarantee Trust Fund.

(a)(1) After providing for the exclusion of the interest income classified as special revenues as authorized by §§ 15-41-110 and 27-70-204, and for the first two million dollars ($2,000,000) of interest income received each fiscal year by the Treasurer of State as authorized in § 15-5-422, the next one hundred thousand dollars ($100,000) of interest income received each fiscal year in the State Treasury beginning with the fiscal year commencing July 1, 1989, and continuing as set forth in subsection (b) of this section from the investment of state funds as authorized by the State Treasury Management Law, § 19-3-301 et seq., is declared to constitute cash funds restricted in their use and dedicated to be used solely as authorized in § 20-78-503. (2) The cash funds as received by the Treasurer of State shall not be deposited into or deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provision. The Treasurer of State shall pay the cash funds to the Division of Child Care and Early Childhood Education of the Department of Human Services for depositing those amounts into the Arkansas Child Care Facilities Loan Guarantee Trust Fund for the purposes authorized by § 20-78-503. (3) The interest earnings transferred directly to the division are declared to be cash funds restricted in their use and dedicated to be used solely as authorized in § 20-78-503. (b) The Treasurer of State shall continue to pay the cash funds as authorized in subsection (a) of this section until the balance of the fund reaches three hundred fifty thousand dollars ($350,000). After that time, the division shall review the fund balance at least quarterly and report to the Treasurer of State when the balance reaches or falls below one hundred thousand dollars ($100,000). At that time, the Treasurer of State shall again pay cash funds as authorized in subsection (a) of this section until the balance of the fund reaches three hundred fifty thousand dollars ($350,000).

Ark. Code Ann. § 20-78-505 Loan guarantees — Annual report.

(a) The Division of Child Care and Early Childhood Education is authorized to develop and implement, with the technical assistance of the Arkansas Early Childhood Commission, necessary rules to receive, review, and approve applications for loan deficiency guarantee assistance for expansion or development of childcare facilities in this state. (b) The maximum loan guarantee amount approved by the division shall be modified as necessary to ensure adequate childcare financing availability. (c) In guaranteeing loans under this subchapter, consideration shall be given to: (1) Geographic distribution; (2) Community need; (3) Community income, with priority given to those communities with the lowest median family income; (4) Proof of viable administrative and financial management; and (5) Intended licensure of the facility. (d) The division shall report each October to the Legislative Council on the status of the Arkansas Child Care Facilities Loan Guarantee Trust Fund.

Ark. Code Ann. § 20-78-506 Criteria for grant approval.

The Division of Child Care and Early Childhood Education of the Department of Human Services is authorized to develop and implement criteria for grant approval of interest moneys to be used as authorized in § 20-78-503(d) .

Ark. Code Ann. § 20-78-606 Criminal history records checks required — Definitions.

(a) As used in this section: (1) “Registry records check” means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as that term is defined in § 20-38-101; and (2) “Service provider” means any of the following: (A) A childcare facility as defined by § 20-78-202; and (B) A church-exempt childcare facility as recognized under § 20-78-209. (b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq. concerning criminal history records checks. (c)(1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (2)(A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 — 20-78-605 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 — 20-78-605 [repealed]. (B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq. (d)(1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (2)(A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 — 20-78-605 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 — 20-78-605 [repealed]. (B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq. (e) The Division of Child Care and Early Childhood Education of the Department of Education shall establish by rule requirements for registry records checks for: (1) An applicant for licensure or exemption from licensure as a service provider; (2) An applicant for employment with a service provider; and (3) An employee of a service provider. (f) The division shall establish by rule requirements for criminal history and registry records checks of persons who volunteer for a service provider.

Ark. Code Ann. § 20-78-701 Legislative declaration.

The General Assembly hereby finds that, in order to adequately care for their newborns and young children, new mothers may often benefit from receiving professional assistance and information. Without the assistance and information, a young mother may develop habits or practices that are detrimental to her health and well-being and the health and well-being of her child. The General Assembly further finds that inadequate prenatal care and inadequate care in infancy and early childhood often inhibit a child's ability to learn and develop throughout his or her childhood and may have lasting, adverse effects on the child's ability to function as an adult. The General Assembly recognizes that implementation of a voluntary nurse home visitor program that provides educational, health, and other resources for young mothers during pregnancy and the first years of their infants' lives has been proven to significantly reduce the amount of drug, including nicotine, and alcohol use and abuse by mothers, the occurrence of criminal activity committed by mothers and their children under fifteen (15) years of age, and the number of reported incidents of child abuse and neglect. Such a program has also been proven to reduce the number of subsequent births, increase the length of time between subsequent births, and reduce the mother's need for other forms of public assistance. It is the intent of the General Assembly that such a program be established for the State of Arkansas initially targeting a limited number of first-time teenage mothers and potentially expanding over time.

Ark. Code Ann. § 20-78-702 Creation — Duties and powers.

(a) The Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program is established and shall be administered by the Department of Health. (b) The department shall implement the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation model developed by Dr. David Olds. (c) The department shall have the power to receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities under this subchapter. (d) The department shall collect data which will allow a valid and reliable evaluation of the short-term and long-term effectiveness of this intervention in improving maternal and child outcomes. The department shall collect data which at a minimum, will provide information on the effect of prenatal and infancy home visits by nurses on all of the following: (1) Preterm delivery, low birth weight, and infant morbidity and mortality; (2) Immunizations; (3) Mental development and behavioral problems; (4) Subsequent pregnancy; (5) Educational achievement; (6) Labor force participation; and (7) Use of public assistance programs. (e) The department shall coordinate with other state agencies to track childhood injuries, childhood maltreatment, and criminal activity. (f) The department shall cooperate with other state agencies and the developer of the program to create a more comprehensive evaluation of the overall impact and effectiveness of the program in Arkansas.

Ark. Code Ann. § 20-78-703 Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council.

(a) There is created the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council. (b) The council shall consist of eleven (11) members to be appointed by the Governor as follows: (1) Three (3) members from the Department of Health to be appointed by the Governor after consulting the Secretary of the Department of Health and subject to confirmation by the Senate; (2) Two (2) members from the College of Medicine of the University of Arkansas for Medical Sciences to be appointed by the Governor after consulting the Dean of the College of Medicine of the University of Arkansas for Medical Sciences and subject to confirmation by the Senate; (3) One (1) member from the College of Nursing of the University of Arkansas for Medical Sciences to be appointed by the Governor after consulting the Dean of the College of Nursing of the University of Arkansas for Medical Sciences and subject to confirmation by the Senate; (4) One (1) member from the Arkansas Nurses Association; (5) One (1) member from the School of Social Work of the University of Arkansas at Little Rock to be appointed by the Governor after consulting the Director of the School of Social Work of the University of Arkansas at Little Rock and subject to confirmation by the Senate; (6) One (1) member from the Division of Child Care and Early Childhood Education; and (7) Two (2) members from the public at large, at least one (1) of whom shall be active in child advocacy within the state . (c) The Director of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program shall serve as an ex officio member of the council. (d) Members shall be appointed for three-year staggered terms. The staggered terms shall be assigned by lot. The terms shall commence on January 15 of each year. (e) In the event of a vacancy of one (1) of the members appointed by the Governor for any reason other than expiration of a regular term, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor, and that person shall possess the same qualifications as are required for initial appointment. (f) Members of the council shall not be entitled to compensation for their services but may receive expense reimbursement in accordance with § 25-16-902 to be paid by the department. (g) The council shall hold its first meeting during January 2000 at a place and time designated by the Governor. (h) At the initial organizational meeting of the council, the members shall elect from among their number a chair and vice chair. Annually thereafter, a meeting shall be held to elect the Chair of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council and the Vice Chair of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council. (i)(1) Quarterly meetings of the council shall be held. (2) Special meetings may be called by the chair or as provided by the rules of the council. (j) The council shall monitor the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program as needed to ensure that the program is implemented according to the program training requirements, program protocols, program management information systems, and program evaluation requirements established by the department. The council shall evaluate the overall implementation of the program and include the evaluation, along with any recommendations concerning the selected entities or changes in the program training requirements, program protocols, program management information systems, or program evaluation requirements in the annual report submitted to the department. (k) The program staff shall submit a written status report annually to the council.

Ark. Code Ann. § 20-78-704 Freedom of Information Act — Exemption.

The Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program is expressly exempted from the Freedom of Information Act of 1967, § 25-19-101 et seq., and is prohibited from supplying any information by individual name or other personal identifier or in a form other than a statistical report or other appropriate form which protects the confidentiality of individuals except to any state agency or department which originally supplied the information to the program unless both the originating agency and the program grant release of this information for a specific purpose.

Ark. Code Ann. § 20-78-705 Patient records.

(a) All institutions receiving state or federal support and with patient records containing information pertaining to participating first-time mothers shall be required to share information in those records with the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program. (b) All participating first-time mothers shall sign an informed consent and medical records release document.

Ark. Code Ann. § 20-78-706 Limitation.

Nothing performed pursuant to this subchapter shall be deemed to constitute the practice of home health care as defined in § 20-10-801 et seq.

Ark. Code Ann. § 20-78-707 Referrals — Findings.

(a) Any physician, clinic, person, or organization may provide information and referrals to the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program. (b) No liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided the information or by reason of having released or published the findings of the program in order to reduce child abuse or neglect or to advance medical research or medical education.

Ark. Code Ann. § 20-78-708 Funding.

The Secretary of the Department of Health is authorized to utilize available general revenue savings and allowable federal funds in support of the activities described in this subchapter in the event that sufficient funds are not allocated for the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program herein. The secretary is authorized to transfer appropriations and funds as necessary but only for the purposes provided in this subchapter. Upon approval of the Chief Fiscal Officer of the State and review by the Legislative Council, the transfers shall be made upon the books of the Department of Finance and Administration, the Auditor of State, and the Treasurer of State.

Ark. Code Ann. § 20-78-801 Credential and endorsement — Definition.

(a)(1) A person teaching in a public early childhood education program may obtain a birth through prekindergarten teaching credential from the Division of Child Care and Early Childhood Education of the Department of Human Services. (2) Subdivision (a)(1) of this section shall not be construed to permit a person teaching in a public early childhood education program to utilize the teaching credential in lieu of a P-4 teaching license issued by the State Board of Education when the license is required. (b) As used in this subchapter, “public early childhood education program” means an education program that: (1) All or part of which is funded with state or federal funds; and (2) Serves children whose ages may range from birth through prekindergarten. (c)(1) The division shall develop the teaching credential under this subchapter not later than January 31, 2010. (2) The teaching credential is valid for five (5) years and may be renewed upon completion of the requirements set forth in law and established by the division. (3) An applicant for an initial teaching credential or a renewal teaching credential is not required to pay a fee for submitting the application or obtaining the teaching credential. (d) Institutions of higher education in this state may submit to the Department of Education proposals for the creation of a birth through prekindergarten endorsement for P-4 teacher licensure.

Ark. Code Ann. § 20-78-802 Minimum requirements for a teaching credential.

The Division of Child Care and Early Childhood Education of the Department of Human Services shall develop a birth through prekindergarten teaching credential that requires without limitation that the applicant: (1) Meet a minimum educational level; and (2)(A) Complete a core of courses in early childhood development and early childhood education. (B) The core courses shall meet the division's standards for the preparation of early childhood professionals.

Ark. Code Ann. § 20-78-803 Professional development.

A person holding a birth through prekindergarten teaching credential under this subchapter shall complete a minimum number of hours of professional development in early childhood development or early childhood education as determined by the Division of Child Care and Early Childhood Education of the Department of Human Services.

Ark. Code Ann. § 20-78-804 Monitoring and assessment.

The Division of Child Care and Early Childhood Education of the Department of Human Services shall periodically monitor and assess a person holding a birth through prekindergarten teaching credential as the division may determine by rule.

Ark. Code Ann. § 20-78-805 Core courses.

In consultation with the Division of Child Care and Early Childhood Education of the Department of Human Services and the state-supported institutions of higher education in this state, the Arkansas Higher Education Coordinating Board shall establish a minimum core of early childhood development and education courses that shall be applied toward meeting the requirements of the prekindergarten endorsement to a teaching degree.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026