Title 20, Public Health and Welfare

(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 pro…

(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) 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…

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 University of Arkansas for Medical Sciences Psychiatric Research Institute and Department of Pediatrics a…

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

(1) 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.(…

(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 no…

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 t…

(a) There is created the Division of Child Care and Early Childhood Education within the Department of Human Services. In creating the Division of Child Care and Early Childhood Education, the General Assembly intends for the following to be maintained and enhanced:(1) Coordinati…

(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 deve…

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 p…

(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 …

(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…

(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 furnishe…

(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 divisi…

(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 facili…

(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 …

(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…

(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…

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 …

(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 …

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 divisio…

(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…

(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, educa…

(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…

(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.…

(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) p…

(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 divis…

(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 …

(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 dis…

(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 Serv…

(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 …

(a) As used in this section:(1) “Childcare family home” means a childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment; and(2) “Local governing authority” means the governing body of the municipality or county…

(a) As used in this section, “sex offender” means a:(1) Level 2 sex offender whose information is made public under § 12-12-913(j)(1)(B);(2) Level 3 sex offender; or(3) Level 4 sex offender. (1) Level 2 sex offender whose information is made public under § 12-12-913(j)(1)(B); (2)…

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 …

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 …

(1) 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 pr…

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 agre…

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

(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. (1) There is hereby established the Arkansas …

(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 Faci…

(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)…

(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 …

(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…

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).

(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…