Arkansas Administrative Code

20 CAR § 1026-905. Slides. (a) Slides shall not have any spaces or gaps between the platform and the slide surface. (b) Slides shall have a transition platform of at least: (1) Fourteen inches (14”) deep for preschool and school-age children; and (2) Nineteen inches (19”) deep fo…

20 CAR § 1026-906. Swings. (a) The following swings shall not be used for any ages: (1) Multioccupancy swings designed to hold more than one (1) child, except tire swings; (2) Heavy molded swings such as animal figure swings; (3) Free-swinging rope (Tarzan ropes); (4) Swinging ex…

20 CAR § 1026-907. Climbing equipment. (a) Freestanding arch climbers shall not be used for preschoolers. (b) Flexible grid climbing devices, such as rope or chain ladders, climbing ropes, etc., shall be securely anchored at both ends. (c) Flexible grid climbing devices shall not…

20 CAR § 1026-908. Merry-go-rounds. (a) The only merry-go-rounds allowed are portable merry-go-rounds not designed to be anchored. (b) Merry-go-rounds shall have handgrips or other secure means of holding on.

20 CAR § 1026-909. 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 hand…

20 CAR § 1026-910. 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 § 1027-1001. Furniture and equipment requirements. (a) All manufacturer guidelines shall be followed for furniture and equipment that is used by or around participants. (b) All equipment shall be: (1) Sturdy; (2) Clean; and (3) Safe. (c) Paint on toys, equipment, and other…

20 CAR § 1027-1002. Sleeping equipment. (a) There shall be a labeled individual cot or mat, bottom sheet, and adequate cover for each participant in care during rest time. (b) The use of mats shall be acceptable if they are: (1) At least two inches (2”) thick; (2) Washable; (3) W…

20 CAR § 1027-101. Definitions. As used in this part: (1) “Act” means the Childcare Facility Licensing Act, Arkansas Code § 20-78-201 et seq.; (2)(A) “Assistive electronic device” means any electronic device that is used and needed by a child or youth with a disability. (B) Such …

20 CAR § 1027-102. Related laws and requirements. (a)(1) The Childcare Facility Licensing Act, Arkansas Code §§ 20-78-201 – 20-78-220, is the statutory authority for licensing out-of-school time (OST) programs. (2) This act: (A) Created the Division of Child Care and Early Childh…

20 CAR § 1027-103. General requirements. (a)(1) The out-of-school time (OST) facilities shall maintain compliance with the licensing requirements at all times. (2) To be in substantial compliance, the OST facility shall meet all essential standards necessary to protect the health…

20 CAR § 1027-104. 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 licensing unit for review and approval. (3) A completed application packet shall consi…

20 CAR § 1027-105. 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 facility license fee is determined by combining the maximum license capacity of all licenses located within the same premises: (A…

20 CAR § 1027-106. 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 § 1027-107. 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 participants; and (2) Meets…

20 CAR § 1027-108. Church-operated exemption. (a) Please note that all rules included in this part also apply to church-operated exempt out-of-school time (OST) facilities. (b)(1) Acts 1983, No. 245, defines: (A) Those facilities that may apply for an exemption from obtaining of …

20 CAR § 1027-109. Licensing investigations. Childcare licensing staff shall investigate all complaints involving the possible violation of licensing requirements.

20 CAR § 1027-110. Child Maltreatment Central Registry checks. (a)(1) The following persons shall be required to have their background reviewed through a Child Maltreatment Central Registry check. (2) Prospective employees who have not lived in the State of Arkansas during the pr…

20 CAR § 1027-1101. General health requirements. (a) No participant 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 participant has any symptom that requires exclusion from the…

20 CAR § 1027-1102. Hand washing. (a) Individual towels, paper towels, or forced air dryers shall be within the reach of participants. (b) A liquid soap shall be accessible in the hand washing area and used by caregivers and participants. (c) Running water shall be available in a…

20 CAR § 1027-1103. Drinking facilities. (a) The water supply shall be approved by the Department of Health. (b) Drinking water shall be provided to the participants. (c) Drinking water shall not be obtained from the hot water supply.

20 CAR § 1027-1104. Toilet facilities. (a) There shall be one (1) toilet and one (1) sink available for each group of thirty (30) participants. (b) Separate toilet facilities for boys and girls shall be provided. (c) Clean clothes shall be available for participants who might soi…

20 CAR § 1027-1105. Diaper changing. (a) When participants require diapering, there shall be a safe diaper changing area that meets the following criteria: (1) Impervious (nonabsorbent) smooth surfaces that do not trap soil and are easily disinfected; and (2) There shall be a cha…

20 CAR § 1027-111. Federal Bureau of Identification criminal records check. (a)(1) 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 Investigatio…

20 CAR § 1027-1201. 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 § 1027-1202. Swimming pools. (a) Swimming pools and natural pools of water may be used for water play if the following requirements are met: (1) Department of Health approval where applicable; (2) Written parental permission; and (3) One (1) person present at all times who…

20 CAR § 1027-1301. 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 § 1027-1401. Participants with disabilities. (a)(1) Participants with disabilities should be included in the same general activities as their same-age peers. (2) Certain accommodations for their disability and some modifications to activities may be necessary. (3) These ac…

20 CAR § 1027-1501. Generally. (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 § 1027-1502. Day camp. (a) Program requirements, 20 CAR § 1027-401. (1) If hazardous items (ex. archery equipment) are used during activities offered, such equipment must be used under close supervision and must be safely stored. (2) If specialized activities take place, s…

20 CAR § 1027-1503. Evening and night care variations. (a) Definition. “Night care” means any care provided after midnight. (b) Staff-to-participant ratio, 20 CAR § 1027-301. Staff members shall: (1) Be awake at all times; and (2) Have participants in view at all times. (c) Progr…

20 CAR § 1027-1504. Part-time program variations. Nutrition requirements, 20 CAR § 1027-701. Facilities in operation for more than three (3) hours per day shall provide a snack that meets current United States Department of Agriculture guidelines.

20 CAR § 1027-1505. Sick care components. (a) Staff-to-participant ratio, 20 CAR § 1027-301. (1) The following ratios shall be maintained at all times: (A) Out-of-school time participant, one to five (1:5); and (B) Maximum group size ten (10). (2) Staff shall be separated in the …

20 CAR § 1027-201. Administrative procedures. (a)(1) The owner or 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 bo…

20 CAR § 1027-301. Staff-to-participant ratio. (a) A licensee shall not have more participants in care at any one (1) time than the maximum specified on the license. (b) The following staff-to-participant ratios shall be maintained. Ages of ParticipantsNumber of StaffNumber of Ch…

20 CAR § 1027-302. Maximum group size. (a) Maximum group size limitations do not apply during: (1) Meal times; (2) Rest times; (3) Transitions; (4) Outdoor time periods; (5) Field trips; or (6) The length of a special occasion, including but not limited to celebrations or visits …

20 CAR § 1027-303. Director. (a) There shall be a director or site supervisor who shall be responsible for: (1) Administering, planning, managing, and controlling the daily activities of the out-of-school time (OST) facility; (2) Ensuring that the facility meets licensing require…

20 CAR § 1027-304. Staff requirements. (a) A person shall be considered a staff member if they have disciplinary or supervisory control over participants, are left alone with participants at any time, or are counted in staff-to-participant ratio, regardless of whether they are pa…

20 CAR § 1027-305. Volunteer requirements. (a)(1) Volunteers are those individuals who: (A) Have routine contact with participants; and (B) Assist staff in the facility. (2) If they are left alone with participants considered in the staff-to-participant ratios or given supervisor…

20 CAR § 1027-306. Student observers. (a)(1) Students visiting the out-of-school time facility on a regular or periodic basis to observe program activities, or for similar purposes, shall not: (A) Be counted in the staff-to-participant ratio; (B) Have disciplinary control over pa…

20 CAR § 1027-307. Professional development. (a) All directors, site supervisors, and staff who provide direct care to participants shall be registered with the Office of Early Childhood professional development registry within thirty (30) days of hire and all training shall be: …

20 CAR § 1027-401. Program requirements. (a) The out-of-school time (OST) program shall: (1) Develop a written weekly routine listing developmentally appropriate activities for participants; and (2) Provide a copy of the routine of weekly activities to parents when they enroll th…

20 CAR § 1027-402. Outdoor time. (a)(1) For full-time programs, there shall be a total of at least one (1) hour of outdoor activity time per day in suitable weather. (2) For programs operating part-day schedules, five (5) hours per day or less, a minimum of thirty (30) minutes of…

20 CAR § 1027-403. Screen time. (a)(1) An out-of-school time (OST) program shall ensure that its weekly schedule is constructed in a way that no more than twenty-five percent (25%) of the program’s total weekly program hours of operation allow participants to engage or use electr…

20 CAR § 1027-404. Field trips. (a)(1) The safety and welfare of participants during field trips is in the hands of the staff on the trip. (2) The following shall be met: (A) Safety risks, field trip rules, and behavior expectations shall be discussed with participants prior to f…

20 CAR § 1027-501. Behavior guidance requirements. (a) Behavior guidance shall be: (1) Individualized and consistent for each participant; (2) Appropriate to the participant’s level of understanding; and (3) Directed toward teaching the participant acceptable behavior and self-co…

20 CAR § 1027-601. Record requirements. (a)(1) All staff, participant, 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 Complianc…