Arkansas Administrative Code

20 CAR § 1027-701. Nutrition requirements. (a) The out-of-school time program shall ensure that during all-day program operations, a lunch and a midmorning and midafternoon snack are served to each participant. (b)(1)(A) Breakfast, lunch, snacks, and evening meals shall each meet…

20 CAR § 1027-801. Building requirements. (a)(1) Out-of-school time (OST) facilities 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 ha…

20 CAR § 1027-901. Playground requirements. (a) To provide the safest possible playground environment, you are encouraged to meet Consumer Product Safety Commission guidelines listed in the Public Playground Safety Handbook. (b) However, the following are minimum requirements and…

20 CAR § 1027-902. Layout and design. (a)(1) A diagram of the playground shall be submitted, clearly identifying: (A) The perimeter of the playground with measurements; and (B) Each piece of equipment used by the children enrolled at the licensed facility. (2) This documentation …

20 CAR § 1027-903. General hazards. (a) The area shall be free of hazards or potentially hazardous objects. (b) Equipment that has been determined by the Office of Early Childhood to be unsafe for the participants in the licensed facility to use shall be: (1) Removed from the pla…

20 CAR § 1027-904. Balance beams. Balance beams: (1) Shall not be higher than twelve inches (12”); and (2) Shall have use zones with protective surfacing.

20 CAR § 1027-905. 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 fourteen inches (14”) deep for school-age participants.

20 CAR § 1027-906. Swings. (a) The following swings shall not be used for any ages: (1) Multioccupancy swings designed to hold more than one (1) participant, except tire swings; (2) Heavy molded swings such as animal figure swings; (3) Free-swinging rope (Tarzan ropes); (4) Swing…

20 CAR § 1027-907. Climbing equipment. (a) Flexible grid climbing devices, such as rope or chain ladders, climbing ropes, etc., shall be securely anchored at both ends. (b) Sliding poles shall have no protruding welds or seams along the sliding surface and the pole shall not chan…

20 CAR § 1027-908. 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 § 1027-909. 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 § 1027-910. 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 § 1028-1001. 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 § 1028-101. Responsibilities and requirements. (a) The Office of Early Childhood, referred to hereafter as the office, under the Department of Education, is directly responsible for the inspection and evaluation of all registered homes. (b)(1) The office has the power to e…

20 CAR § 1028-102. General requirements. (a)(1) To determine a recommendation for registration, the applicant’s home shall be reviewed by a childcare licensing specialist to determine that the home is in substantial compliance with the requirements. (2) Clarification. (A) In addi…

20 CAR § 1028-103. Definitions and application. (a) There are three (3) types of registered homes as follows: (1) “Registered childcare family home” means a situation in which five (5) or fewer children are cared for in: (A) The caregiver’s own residence; or (B) Some other suitab…

20 CAR § 1028-104. Registration procedures. (a) Any applicant applying for registration may contact the local Office of Early Childhood office or childcare licensing specialist to obtain information and the necessary application and related forms. (b)(1) A preapplication consulta…

20 CAR § 1028-105. Appeal of registration actions. (a) A registrant or applicant for registration may request to appeal any of the following registration actions: (1) Adverse registration actions, revocation of the registration, or denial of an application for registration; (2) F…

20 CAR § 1028-106. 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 § 1028-107. Registration investigations and inspections. (a)(1) Childcare licensing staff shall have access to registered homes for the purpose of conducting: (A) Inspections; (B) Reviews; and (C) Complaint investigations. (2) Denial of access to the home or denial of the …

20 CAR § 1028-108. Child Maltreatment Central Registry checks. (a) 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 guidel…

20 CAR § 1028-109. Federal Bureau of Investigation criminal record checks. (a)(1) 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 Investigatio…

20 CAR § 1028-1101. General health requirements. (a) It is recommended that all caregivers and household members who have direct contact with children be immunized against: (1) Whooping cough; (2) Chicken pox; and (3) The flu. (b)(1) The registered home shall have an adequate sup…

20 CAR § 1028-1102. 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 § 1028-1103. Toilet arrangements. (a)(1) At least one (1) commode and one (1) sink shall be made available for the children’s use. (2) Potty chairs may be used by the younger children if emptied, cleaned, and disinfected after each use. (3) Potty chairs shall be located in…

20 CAR § 1028-1104. Medications. (a) Prescription medicine shall be in the original container with a child resistant cap and labeled with the child’s name, not have an expired date, instructions, and the physician’s name. (b) All nonprescription medicine (except aspirin substitut…

20 CAR § 1028-1105. Phone numbers required. The following 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, 1-800-376-4766; (5…

20 CAR § 1028-1106. Pets. (a)(1) Pets with which children have contact shall receive vaccinations as required by law. (2) Verification of vaccinations administered by a licensed veterinarian shall be maintained. (b) Any pet that constitutes a threat to the welfare and safety of t…

20 CAR § 1028-1201. Evacuation of infants. It is suggested that the home have an evacuation crib or equivalent that could be used for the safe evacuation of infants.

20 CAR § 1028-1202. Safety requirements. (a)(1) Within thirty (30) days of registration 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 foll…

20 CAR § 1028-1203. Fire requirements. (a) 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. (b)(1) A fire extinguisher with…

20 CAR § 1028-1301. Transportation requirements. (a)(1) The requirements in this section shall apply to all transportation provided by the registrant, including transportation provided by any person on behalf of the registrant, regardless of whether the person is employed by the …

20 CAR § 1028-1302. 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 § 1028-1401. Individuals with Disabilities Education Act. (a)(1) The Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., is a law ensuring services to children with disabilities throughout the nation. (2) The Individuals with Disabilities Education Act g…

20 CAR § 1028-1402. 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) The facility shall enroll children with special needs without regard…

20 CAR § 1028-1403. 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 § 1028-201. Administrative procedures. (a)(1) Parents shall be informed in writing upon enrollment of their child that children may be subject to interviews by licensing staff, child maltreatment investigators, or law enforcement officials for the purpose of determining li…

20 CAR § 1028-301. Caregiver qualifications and responsibilities. (a) The registered home primary caregiver shall be eighteen (18) years or older. (b) The primary caregiver and all secondary caregivers shall have a high school diploma or general education diploma (GED). (c) The c…

20 CAR § 1028-302. Adults in the registered 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 reside in the home. (2) Any adult, residents, or visitors shall not present a t…

20 CAR § 1028-303. 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 c…

20 CAR § 1028-304. Supervision. (a) The caregiver shall: (1) Be responsible for children in care at all times; and (2) Exercise prudent supervision. (b) When a caregiver is not in the same room with children: (1) The children shall be frequently observed; and (2) The caregiver sh…

20 CAR § 1028-401. Program requirements. (a) There shall be a posted daily schedule, which 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…

20 CAR § 1028-402. 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 § 1028-403. School-age children program requirements. (a) The school-age child 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 restin…

20 CAR § 1028-404. Evening and night care program requirements. (a) Night care is 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 the chi…

20 CAR § 1028-501. Behavior guidance requirements. (a) Use of behavior guidance shall show that the caregiver understands each child’s needs and shall promote self-discipline and good behavior. (b) Acceptable behavior guidance techniques include: (1) Look for appropriate behavior…

20 CAR § 1028-502. Infant and toddler behavior guidance requirements. (a) Time-out shall not be used with children under the age of two (2). (b)(1) The only acceptable form of behavior guidance with infants and toddlers shall be redirection. (2) Brief separation from the group is…