Arkansas Administrative Code

20 CAR § 1025-802. Infant and toddler nutrition requirements. (a) It is recommended that mothers be allowed and encouraged to breastfeed their children at the facility. (b)(1) The routine use of food, bottles, and formula shall be agreed upon by the caregiver and parent. (2) Inst…

20 CAR § 1025-901. Building requirements. (a)(1) Childcare centers shall comply with the minimum requirements of the currently adopted Arkansas Fire Prevention Code, 12 CAR pt. 15, as administered by the local fire department or by the State Fire Marshal, who has final authority.…

20 CAR § 1025-902. Infant and toddler building requirements. (a) If infant and toddler centers and childcare centers are operated in the same building, the areas designated for care of infants and toddlers shall be in rooms separate from the activity of other children. (b) When i…

20 CAR § 1026-1001. Sleeping arrangement requirements. (a) All manufacturer guidelines shall be followed for furniture and equipment that is used by or around children. (b) Any cribs or playpens that have been identified as unsafe or have been subject to recall as defined by the …

20 CAR § 1026-101. Related laws and requirements. (a) Childcare Facility Licensing Act, Arkansas Code §§ 20-78-210 – 20-78-220, is the legal authority under which the Office of Early Childhood prescribes minimum standards for a variety of childcare facilities. (b) The office, und…

20 CAR § 1026-102. General requirements. (a)(1) “Childcare family home” means a situation in which children are cared for in: (A) A caregiver’s own family residence; or (B) Some other suitable family-type residence. (2) There shall be no more than one (1) license issued per home …

20 CAR § 1026-103. Licensing procedures. (a) Any applicant applying for a home license may contact the local Office of Early Childhood office or childcare licensing specialist to obtain information and the necessary application and related forms. (b) The primary caregiver in the …

20 CAR § 1026-104. License fees. (a) A childcare family home shall be assessed a license fee of fifteen dollars ($15.00) per year. (b) Upon review and determination by the childcare licensing specialist of a licensing recommendation to be presented to the Office of Early Childhoo…

20 CAR § 1026-105. Appeal of licensing actions. (a) A licensee or application 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) Den…

20 CAR § 1026-106. Alternative compliance. (a) The Office of Early Childhood may grant alternative compliance with this part if the Office of Early Childhood determines that the alternative form of compliance: (1) Offers equal protection of health, safety, and welfare to children…

20 CAR § 1026-107. Licensing investigations. (a) Childcare licensing staff shall have access to licensed homes for the purpose of conducting: (1) Inspections; (2) Reviews; and (3) Complaint investigations. (b) Denial of access to the home or denial of the right to interview child…

20 CAR § 1026-108. Child Maltreatment Central Registry checks. (a)(1) Prospective owners, household members who are ten (10) years of age or older, and employees who have not lived in the State of Arkansas during the preceding five (5) years will be subject to current federal gui…

20 CAR § 1026-109. Federal Bureau of Investigation criminal record checks. (a)(1)(A) The following persons shall apply to the Identification Bureau of the Division of Arkansas State Police for a nationwide criminal records check, to be conducted by the Federal Bureau of Investiga…

20 CAR § 1026-1101. General health requirements. (a) The home shall have an adequate supply of water that meets Department of Health standards for drinking water. (b) Water shall always be available to the children. (c) The facility shall follow any health or medical care plans o…

20 CAR § 1026-1102. Children’s health. (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. (2) The chi…

20 CAR § 1026-1103. Toilet arrangements. (a)(1) At least one (1) commode and one (1) sink shall be made available for the children’s use. (2) Potty seats may be used by the younger children if emptied, cleaned, and disinfected after each use. (3) Potty seats shall be located in t…

20 CAR § 1026-1104. Medication requirements. (a)(1) Prescription medication shall be: (A) In the original container, with a child-resistant cap; and (B) Labeled with the: (i) Child’s name; (ii) Instructions; and (iii) Physician’s name. (2) It should not have an expired date. (b) …

20 CAR § 1026-1105. Phone numbers required. The following phone numbers shall be available in the immediate area of the telephone: (1) Ambulance service or emergency medical services; (2) Police or sheriff’s department; (3) Fire department; (4) Poison control center, 1-800-376-47…

20 CAR § 1026-1106. Pet requirements. (a) Pets with which children have contact shall receive vaccinations as required by law. (b) Verification of vaccinations administered by a licensed veterinarian shall be maintained. (c) Any pet that constitutes a threat to the welfare and sa…

20 CAR § 1026-1201. Evacuation of infants. It is highly suggested that the home has an evacuation crib or equivalent that could be used for the safe evacuation of infants.

20 CAR § 1026-1202. Safety requirements. (a)(1) 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 its floor plan with the local office of emergency management including the following…

20 CAR § 1026-1203. Fire. (a)(1) The currently adopted Arkansas Fire Prevention Code, 12 CAR pt. 15, does not allow the use of basements or floors above ground level by children first grade and younger unless there is a ground-level exit. (2) Please be advised that the Arkansas F…

20 CAR § 1026-1301. 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 § 1026-1302. Infant and toddler transportation requirements. A vehicle transporting children under the age of thirty-six (36) months shall maintain a ratio of one (1) adult to three (3) children.

20 CAR § 1026-1401. Individuals with Disabilities Education Act. (a)(1) It is a law ensuring services to children with disabilities throughout the nation. (2) Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., governs how states and public agencies provide ear…

20 CAR § 1026-1402. 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 § 1026-1403. Infant and toddler special needs requirements. (a) To the maximum extent appropriate, children ages zero (0) to two (2) shall participate in early intervention services provided in natural environments. (b) When infants and toddlers cannot achieve satisfactory…

20 CAR § 1026-201. Administrative procedures. (a) All staff, children, and home records shall be kept and made available to the Child Care Licensing Unit on request. (b)(1) Falsification of any document and submission of false information to the Office of Early Childhood may cons…

20 CAR § 1026-301. Staff-to-child ratios. (a) Staff-to-child ratio table. Adult Caregiver(s)Number of ChildrenAges of Children A. 3-60-up (no more than 3 under 2 years) B. 70-up (no more than 2 under 2 years) ONEC. 80-up (no more than 1 under 2 years) D. 92-up (no more than 3 bet…

20 CAR § 1026-302. Homes specializing in infant care — Staff-to-child ratio (a) Homes specializing in infant care shall maintain a one-to-three (1:3) ratio. (b) Homes specializing in infant care shall have a fire department inspection and approval.

20 CAR § 1026-303. Caregiver qualifications and responsibilities. (a)(1) The primary caregiver shall be twenty-one (21) years or older. (2) A secondary caregiver shall be age eighteen (18) or older. (b)(1) Primary caregivers licensed after November 1, 2002, and all secondary care…

20 CAR § 1026-304. Volunteer requirements. (a)(1) Volunteers are those individuals who have routine contact with children and assist in the home. (2) If they are left alone with children, considered in the staff-to-child ratios, or given supervisory and disciplinary control over …

20 CAR § 1026-305. Student observers. (a)(1) Students visiting the home on a regular or periodic basis to observe classroom activities or for other similar purposes shall not: (A) Be counted in the staff-to-child ratio; (B) Have disciplinary control over children; and (C) Be left…

20 CAR § 1026-306. Adults in the home. (a)(1) The caregiver or caregivers shall provide a clear statement regarding the presence of any other adults eighteen (18) years of age and above who remain in the home during any hours in which care is being given. (2) Such persons shall n…

20 CAR § 1026-401. Program requirements. (a) There shall be a posted daily schedule that includes age-appropriate activities, including alternating periods of active play and quiet activities throughout the day. (b)(1) Staff shall plan and provide experiences that meet children’s…

20 CAR § 1026-402. Infant and toddler specific program requirements. (a) Infants shall be carefully supervised at all times. (b) The caregiver shall provide a safe and clean learning environment, both indoors and outdoors, with age-appropriate materials and equipment arranged to …

20 CAR § 1026-403. School-age children — Program requirements. (a) School-age children shall be provided with a choice of indoor and outdoor activities. (b)(1) A quiet time and a private place with appropriate equipment shall be provided for one-person activities, including resti…

20 CAR § 1026-404. Evening and night care — Program requirements. (a) “Night care” means any care provided after midnight. (b)(1) The caregiver shall remain awake at all times children are in care. (2) Alternative compliance may be requested to allow the caregiver to sleep after …

20 CAR § 1026-501. Behavior guidance requirements. (a) Behavior guidance shall be: (1) Individualized and consistent for each child; and (2) Appropriate to the child’s level of understanding. (b) Use of behavior guidance shall: (1) Show that the caregiver understands each child’s…

20 CAR § 1026-502. Infant and toddler — Behavior guidance requirements. (a) Time-out shall not be used with children under the age of two (2). (b) The only acceptable form of behavior guidance with infants and toddlers shall be redirection. (c) Brief separation from the group is …

20 CAR § 1026-601. Home records. (a)(1) All employee, child, and home records shall be kept on-site and made available to the Child Care Licensing Unit on request. (2) All required records shall be maintained for three (3) years. (3) This includes records on children no longer en…

20 CAR § 1026-602. Caregiver records. Caregiver records shall contain the following: (1) An employee application for secondary caregivers, including: (A) Name; (B) Date of birth; (C) Address; and (D) Telephone number; (2)(A) Documentation of: (i) High school diploma or GED; and (…

20 CAR § 1026-603. Children’s records. (a) Enrollment information shall be obtained for each child before admission. (b) Identifying and personal data shall include: (1) Child’s: (A) Name; (B) Birthdate; (C) Home address; and (D) Telephone number; (2) Name and addresses of the pa…

20 CAR § 1026-701. Nutrition requirements. (a) A home licensed for eleven (11) or more children, if food is prepared for the children in the home, shall provide a current verification of approval by the Department of Health, Sanitation Services. (b) All licensed homes shall meet …

20 CAR § 1026-702. Infant and toddler nutrition requirements. (a) It is recommended that mothers be allowed and encouraged to breastfeed their child at the childcare family home. (b)(1) The routine use of baby food, bottles, and formula shall be agreed upon by the caregiver and p…

20 CAR § 1026-801. Building requirements. (a)(1) The home’s building, grounds, and equipment shall be: (A) Clean; (B) Kept in good repair; and (C) Maintained as needed to protect the health and safety of the children. (2) If the home has sustained structural damage, the caregiver…

20 CAR § 1026-901. Playground safety — Generally. (a)(1) To provide the safest possible playground environment, you are encouraged to meet the Consumer Product Safety Commission’s guidelines listed in the Public Playground Safety Handbook. (2) However, the following are minimum r…