Arkansas Administrative Code

20 CAR § 1025-1009. Seesaws. (a) Seesaws without spring centering devices shall have shock-absorbing materials, such as partial tires: (1) Embedded in the ground underneath the seats; or (2) Secured to the underside of the seats. (b) Hand holds: (1) Shall be provided for both han…

20 CAR § 1025-101. Definitions. As used in this part: (1) "Act" means the Childcare Facility Licensing Act, Arkansas Code § 20-78-201 et seq., as amended; (2)(A) "Childcare center" means any childcare facility conducted under public or private auspices on a profit or nonprofit ba…

20 CAR § 1025-1010. Protective surfacing. (a)(1) There shall be use zones and protective surfacing under and around all equipment that is over eighteen inches (18") in height at the highest accessible point. (2) “Highest accessible point” means the highest surface on the piece of…

20 CAR § 1025-1101. Furniture and equipment requirements. (a) All manufacturer guidelines shall be followed for furniture and equipment that is used by, or around, children. (b) All equipment shall be: (1) Sturdy; (2) Clean; and (3) Safe. (c) Paint on toys, equipment, and other m…

20 CAR § 1025-1102. Sleeping requirements for preschool. (a) There shall be a labeled, individual cot or mat, bottom sheet, and adequate cover for each child in care during rest time. (b) The use of mats shall be acceptable if they are: (1) At least two inches (2") thick; (2) Was…

20 CAR § 1025-1103. Infant and toddler sleeping requirements. (a) Sleeping infants and toddlers shall be: (1) Visually monitored at all times; and (2) Physically checked regularly for breathing. (b)(1) Infants and toddlers shall be placed in age-appropriate cribs, cots, or mats m…

20 CAR § 1025-1201. General health requirements. (a) No child or staff shall be admitted who has a contagious or infectious disease. (b)(1) The parent or legal guardian shall be notified as soon as possible when a child has any symptom that requires exclusion from the facility. (…

20 CAR § 1025-1202. Hand washing. (a) Individual towels, paper towels, or forced air dryers shall be within the reach of children. (b) A liquid soap shall be accessible in the hand washing area and used by caregivers and children. (c) Running water shall be available in all lavat…

20 CAR § 1025-1203. Infant and toddler hand washing. (a) Caregivers’ hands shall be washed with soap upon entering the work area. (b) There shall be at least one (1) sink in each infant and toddler room for ages under eighteen (18) months for diapering.

20 CAR § 1025-1204. Drinking facilities. (a) The water supply shall be approved by the Department of Health. (b) Drinking water shall be provided to the children. (c) Drinking water shall not be obtained from the hot water supply.

20 CAR § 1025-1205. Toilet facilities. (a) There shall be one (1) toilet and one (1) sink available for each group of fifteen (15) children. (b) Clean clothes shall be available for children who soil themselves. (c)(1) Each center licensed or approved for more than thirty (30) ch…

20 CAR § 1025-1206. Infant and toddler toilet facilities. (a) For every fifteen (15) children eighteen (18) months of age and above, there shall be one (1) toilet and sink. (b) The childcare center shall provide a bathroom that opens directly into the room where toddlers are loca…

20 CAR § 1025-1207. Diaper changing. (a) A hand washing sink shall be available for the staff within the diaper change areas. (b) There shall be a safe diaper changing table that meets the following requirements: (1) Impervious (nonabsorbent) smooth surfaces that do not trap soil…

20 CAR § 1025-1208. Toilet learning. (a) The caregiver shall assist children in toilet routine and hygiene practices. (b) The following methods shall not be used in toilet learning: (1) Placing child on toilet or potty chair for prolonged time periods; (2) Using harsh language; (…

20 CAR § 1025-1301. Safety requirements. (a) Within thirty (30) days of licensure and within thirty (30) days of any change or modification of the floor plan, the facility shall file a copy of their floor plan with the local office of emergency management, including the following…

20 CAR § 1025-1302. Infant and toddler safety requirements. (a) Balloon use shall not be allowed in infant and toddler areas. (b) Pacifiers, if used, shall not be secured around the neck by: (1) A cord; or (2) Any other means that could represent a strangulation hazard.…

20 CAR § 1025-1303. Swimming pools. (a) Swimming pools and natural pools of water may be used for water play for children age three (3) and up if the following requirements are met: (1) Department of Health approval where applicable; (2) Written parental permission; and (3) One (…

20 CAR § 1025-1401. Transportation requirements. (a)(1) The requirements in this section apply to all transportation provided by the licensee, including transportation provided by any person on behalf of the licensee, regardless of whether the person is employed by the licensee. …

20 CAR § 1025-1402. Infant and toddler transportation requirements. (a)(1) In a vehicle transporting infants and toddlers, the driver may be counted in the staff-to-child ratio but shall not be the only adult. (2) A ratio of one (1) adult for each of the three (3) infants and tod…

20 CAR § 1025-1501. Individuals with Disabilities Education Act — Generally. (a) Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.: (1)(A) It is a law ensuring services to children with disabilities throughout the nation. (B) The Individuals with Disabilities Ed…

20 CAR § 1025-1502. Special needs requirements. All childcare facilities shall comply with all applicable provisions as specified in the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.: (1)(A) The facility shall enroll children with special needs without reg…

20 CAR § 1025-1503. Infant and toddler special needs requirements. (a) To the maximum extent appropriate, children birth to two (2) years of age shall participate in early intervention services provided in natural environments. (b) When infants and toddlers cannot achieve satisfa…

20 CAR § 1025-1601. Program-specific variations. (a) Program-specific variations are numbered according to the section with which they vary. (b) Unless a variance is listed in this subpart, all basic requirements apply.

20 CAR § 1025-1602. School-age and summer day camp. (a) Staff-to-child ratio, 20 CAR § 1025-401. Kindergarten and above, one (1) worker per eighteen (18) children. (b) Program requirements, 20 CAR § 1025-501. (1) The program of activities shall: (A) Be flexible; and (B) Provide s…

20 CAR § 1025-1603. Evening and night care variations. (a) Night care is any care provided after midnight. (b) Staff-to-child ratio, 20 CAR § 1025-401.Staff members shall be awake at all times and shall have children in view at all times. (c) Program requirements, 20 CAR § 1025-5…

20 CAR § 1025-1604. Part-time program variations. (a) Program requirements, 20 CAR § 1025-501. (1) A rest period is not required for children who: (A) Are in care for less than four (4) hours per day; or (B) Arrive shortly after lunch. (2) Outside play may be scheduled for period…

20 CAR § 1025-1605. Sick care component. (a) Staff-to-child ratio, 20 CAR § 1025-401. (1) The following ratios shall be maintained at all times: (A) Infant and toddler. One-to-three (1:3), maximum group size = six (6); and (B) Preschool and school-age. One-to-five (1:5), maximum …

20 CAR § 1025-201. Related laws and requirements. (a)(1) The Childcare Facility Licensing Act, Arkansas Code §§ 20-78-201 – 20-78-220, as amended, is the statutory authority for licensing childcare facilities. (2) The Childcare Facility Licensing Act, Arkansas Code § 20-78-201 et…

20 CAR § 1025-202. General requirements. (a)(1) Childcare centers shall maintain compliance with the licensing requirements at all times. (2) To be in substantial compliance, the childcare center shall meet all essential standards necessary to protect the health, safety, and welf…

20 CAR § 1025-203. Licensing procedures. (a) Application. (1) An application shall be obtained from the Child Care Licensing Unit. (2) The completed application packet shall be submitted to the childcare licensing unit for review and approval. (3) A completed application packet s…

20 CAR § 1025-204. License fee. (a)(1) Each facility shall submit an annual license fee as long as the facility is in compliance with this part. (2)(A) A facility license fee is determined by combining the maximum license capacity of all licenses located within the same premises.…

20 CAR § 1025-205. Appeal of licensing actions. (a) A licensee or applicant for license may request an appeal of any of the following licensing actions: (1) Adverse licensing actions: (A) Revocation or suspension of a license; (B) Conversion to a provisional license; or (C) Denia…

20 CAR § 1025-206. Alternative compliance. (a) The Office of Early Childhood may grant alternative compliance with this part if the office determines that the alternative form of compliance: (1) Offers equal protection of health, safety, and welfare to children; and (2) Meets the…

20 CAR § 1025-207. Church-operated exemptions. (a) Please note that all rules included in this part also apply to church-operated exempt (COE) facilities. (b)(1) Acts 1983, No. 245, defines those facilities that may apply for an exemption from obtaining a license to operate a chi…

20 CAR § 1025-208. Licensing investigations. Childcare licensing staff shall investigate all complaints involving the possible violation of licensing requirements.

20 CAR § 1025-209. Child Maltreatment Central Registry Checks. (a) The following persons shall be required to have their background reviewed through a Child Maltreatment Central Registry check. (b) Prospective employees who have not lived in the State of Arkansas during the prece…

20 CAR § 1025-210. FBI criminal records check. (a)(1)(A) The following persons shall apply to the Identification Bureau of the Division of Arkansas State Police for a nationwide criminal record check, to be conducted by the Federal Bureau of Investigation, which shall include a f…

20 CAR § 1025-301. Administrative procedures. (a)(1) The owner and board of directors shall: (A) Be responsible for operating the facility; and (B) Have final responsibility to ensure that the facility meets licensing requirements. (2) Names, addresses, and telephone numbers of b…

20 CAR § 1025-401. Staff-to-child ratio. (a) A licensee shall not have more children in care at any one (1) time than the maximum specified on the license. (b) The following staff-to-child ratios shall be maintained: Ages of ChildrenNumber of StaffNumber of Children Birth – 18 mo…

20 CAR § 1025-402. Director. (a) There shall be a director, assistant director, or site supervisor who shall be responsible for: (1) Administering, planning, managing, and controlling the daily activities of the center; (2) Ensuring that the facility meets licensing requirements;…

20 CAR § 1025-403. Staff requirements. (a) A person shall be considered a staff member if they have disciplinary or supervisory control over children, are left alone with children at any time, or are counted in the staff-to-child ratio, regardless of whether or not they are paid …

20 CAR § 1025-404. Volunteer requirements. (a)(1) Volunteers are those individuals who have routine contact with children and assist staff in the facility. (2) If they are left alone with children, considered in the staff-to-child ratios, or given supervisory or disciplinary cont…

20 CAR § 1025-405. Student observers. (a)(1) Students visiting the center on a regular or periodic basis to observe classroom activities, or for similar purposes, shall not: (A) Be counted in the staff-to-child ratio; (B) Have disciplinary control over children; and (C) Be left a…

20 CAR § 1025-406. Professional development. (a) All directors, site supervisors, and staff who provide direct care to children shall be registered with the Office of Early Childhood professional development registry within thirty (30) days of hire and all training shall be: (1) …

20 CAR § 1025-501. Program requirements for all ages. (a) Each childcare center shall be equipped with supplies, resources, and indoor and outdoor equipment to take care of the needs of the total group and to provide each child with a variety of activities throughout the day. (b)…

20 CAR § 1025-502. Infant and toddler-specific program requirements. (a) The facility shall provide a safe and clean learning environment, both indoors and outdoors, with age-appropriate materials and equipment arranged to support learning. (b)(1) Toys used by infants and toddler…

20 CAR § 1025-601. Behavior guidance requirements. (a) Behavior guidance shall be: (1) Individualized and consistent for each child; (2) Appropriate to the child’s level of understanding; and (3)(A) Directed toward teaching the child acceptable behavior and self-control. (B) See …

20 CAR § 1025-602. Infant and toddler behavior guidance requirements. (a) Time-out shall not be used for children under two (2) years of age. (b)(1) The child may be placed in a supervised area away from the group or in a crib or playpen while staff attends to the situation. (2) …

20 CAR § 1025-701. Record requirements. (a)(1) All staff, child, and facility records shall be kept and made available to the Child Care Licensing Unit on request. (2) The records shall be maintained for three (3) years unless otherwise indicated. (b)(1) Licensing compliance form…

20 CAR § 1025-702. Facility records. Facility records shall be maintained on-site and include: (1) Attendance records on all children; (2) Transportation rosters, if applicable, maintained for one (1) year; (3) Verification of current vehicle registration, if applicable; (4) Veri…