237A.2  Licensing of child care centers.

A person shall not establish or operate a child care center without obtaining a license under the provisions of this chapter. A center may operate for a specified period of time, to be established by rule of the department, if application for a license has been made. The department shall issue a license if it determines that the following conditions have been met:

1.  An application for a license or a renewal has been filed with the administrator on forms provided by the department.

2.  The center is maintained to comply with state health and fire laws.

3.  The center is maintained to comply with rules promulgated under section 237A.12.

A person denied a license under the provisions of this section shall receive written notice of the denial stating the reasons for denial and shall be provided with an opportunity for an evidentiary hearing. Licenses granted under this chapter shall be valid for one year from the date of issuance unless revoked or suspended in accordance with the provisions of section 237A.8. A record of the license shall be kept by the department. The license shall be posted in a conspicuous place in the center and shall state the particular premises in which child day care may be offered and the number of individuals who may be received for care at any one time. No greater number of children than is authorized by the license shall be kept in the center at any one time.

The administrator may issue a provisional license for a period of time not to exceed one year if the center does not meet standards required under this section. A provisional license shall be posted in a conspicuous place in the center as provided in this section. If written plans to bring the center up to standards, giving specific dates for completion of work, are submitted to and approved by the department promulgating the regulations, the provisional license shall be renewable.

A program which is not a child care center by reason of the definition of child day care in section 237A.1, subsection 4, but which provides care, supervision, or guidance to a child may be issued a license if the program complies with all the provisions of this chapter.

If the department has denied or revoked a license because the applicant or person has continually or repeatedly failed to operate a licensed center in compliance with this chapter and rules adopted pursuant to this chapter, the person shall not own or operate a child care center for a period of six months from the date the license is denied or revoked. The department shall not act on an application for a license submitted by the applicant or person during the six-month period.

Section History: Early form

  [C75, § 237A.2, 237A.3; C77, 79, 81, § 237A.2]

Section History: Recent form

  90 Acts, ch 1005, § 4; 91 Acts, ch 232, § 12; 92 Acts, ch 1163, § 54

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