1. Pilot project. The department shall implement a pilot project applying the provisions of this section to registered family or group child care homes located in one county of this state. The provisions of this section shall not apply to unregistered family child care homes located in the pilot project county. The county selected for the pilot project shall be a rural county where there is interest among child care providers and consumers in implementing the pilot project. During the fiscal year beginning July 1, 1999, the department shall implement the pilot project in one county in each of the department's regions where there is interest in implementing the pilot project. In addition, the department may implement the pilot project in one other county in each of the department's regions where there is interest in implementing the pilot project. Commencing with the fiscal year beginning July 1, 2001, the department may implement the pilot project in other counties where there is an interest in implementing the pilot project. If a definition in section 237A.1, a provision in section 237A.3, or an administrative rule adopted under this chapter is in conflict with this section, this section and the rules adopted to implement this section shall apply to the pilot project.
2. Definition. For the purposes of this section, unless the context otherwise requires, "child care home" means a person registered under this section to provide child care in a pilot project county.
3. Registration.
a. The registration process for a child care home under this section shall be repeated on an annual basis as provided by rule.
b. A person who is a child foster care licensee under chapter 237 must register as a child care home provider in order to operate or establish a child care home in a pilot project county.
c. A person or program in a pilot project county which provides care, supervision, and guidance to a child which is not defined as child care under section 237A.1 may be issued a certificate of registration under this section.
d. (1) Four levels of registration requirements are applicable to registered child care homes in accordance with subsections 10 through 13 and rules adopted to implement this section. The rules shall apply requirements to each level for the amount of space available per child, provider qualifications and training, and other minimum standards.
(2) The rules shall allow a child care home to be registered at level II, III, or IV for which the provider is qualified even though the amount of space required to be available for the maximum number of children authorized for that level exceeds the actual amount of space available in that child care home. However, the total number of children authorized for the child care home at that level of registration shall be limited by the amount of space available per child.
4. Number of children. In determining the number of children cared for at any one time in a child care home, each child present in the child care home shall be considered to be receiving care unless the child is described by one of the following exceptions:
a. The child's parent, guardian, or custodian operates or established the child care home and the child is attending school or the child receives child care full-time on a regular basis from another person.
b. The child has been present in the child care home for more than seventy-two consecutive hours and meets the requirements of paragraph "a" as though the person who operates or established the child care home is the child's parent, guardian, or custodian.
5. Registration certificate. The department shall issue a certificate of registration upon receipt of a statement from the child care home or an inspection verifying that the child care home complies with rules adopted by the department. The certificate of registration shall be posted in a conspicuous place in the child care home and shall state the name of the registrant, the registration level of the child care home, the number of children who may be present for care at any one time, and the address of the child care home. In addition, the certificate shall include a check list of registration compliances.
6. Revocation or denial of registration. If the department has denied or revoked a certificate of registration because a person has continually or repeatedly failed to operate a registered or licensed child care facility in compliance with this chapter and rules adopted pursuant to this chapter, the person shall not operate or establish a registered child care home for a period of six months from the date the registration or license is denied or revoked. The department shall not act on an application for registration submitted by the person during the six-month period.
7. Inclement weather exception. If school classes have been cancelled due to inclement weather, a registered child care home may have additional children present in accordance with the authorization for the registration level of the child care home and subject to all of the following conditions:
a. The child care home has prior written approval from the parent or guardian of each child present in the child care home concerning the presence of additional children in the child care home.
b. The child care home has a responsible individual, age fourteen or older, on duty to assist the care provider as required for the registration level of the child care home pursuant to subsections 10 through 13.
c. One or more of the following conditions is applicable to each of the additional children present in the child care home:
(1) The child care home provides care to the child on a regular basis for periods of less than two hours.
(2) If the child was not present in the child care home, the child would be unattended.
(3) The child care home regularly provides care to a sibling of the child.
8. Fire safety. In consultation with the state fire marshal, the department shall adopt rules relating to the provision of fire extinguishers, smoke detectors, and two exits accessible to children in a registered child care home.
9. Sick children. The department shall adopt rules relating to the provision of a separate area for sick children in those child care homes which are registered at levels III and IV.
10. Level I registration. All of the following requirements shall apply to a level I registered child care home:
a. Except as otherwise provided in this subsection, not more than six children shall be present at any one time.
b. Not more than three children who are infants shall be present at any one time.
c. In addition to the number of children authorized in paragraph "a", not more than two children who attend school may be present for a period of less than two hours at any one time.
d. Not more than eight children shall be present at any one time when an inclement weather exception is in effect.
11. Level II registration. All of the following requirements shall apply to a level II registered child care home:
a. Except as otherwise provided in this subsection, not more than six children shall be present at any one time.
b. Not more than three children who are infants shall be present at any one time.
c. In addition to the number of children authorized in paragraph "a", not more than four children who attend school may be present for a period of more than two hours at any one time.
d. In addition to the number of children authorized in paragraph "a", not more than two children who are receiving care on a part-time basis may be present.
e. Not more than twelve children shall be present at any one time when an inclement weather exception is in effect. However, if more than eight children are present during an inclement weather exception, the provider shall be assisted by a responsible individual who is at least fourteen years of age.
12. Level III registration. All of the following requirements shall apply to a level III registered child care home:
a. Except as otherwise provided in this subsection, not more than six children shall be present at any one time.
b. Not more than three children who are infants shall be present at any one time.
c. In addition to the number of children authorized in paragraph "a", not more than four children who attend school may be present.
d. In addition to the number of children authorized in paragraph "a", not more than two children who are receiving care on a part-time basis may be present.
e. Not more than twelve children shall be present at any one time when an inclement weather exception is in effect.
f. If more than eight children are present at any one time for a period of more than two hours, the provider shall be assisted by a responsible individual who is at least fourteen years of age.
13. Level IV registration. All of the following requirements shall apply to a level IV registered child care home:
a. Except as otherwise provided in this subsection, not more than twelve children shall be present at any one time. If more than eight children are present, a second person must be present who meets the individual qualifications for child care home registration established by rule of the department.
b. Not more than four children who are infants shall be present at any one time.
c. In addition to the number of children authorized in paragraph "a", not more than two children who attend school may be present for a period of less than two hours at any one time.
d. In addition to the number of children authorized in paragraph "a", not more than two children who are receiving care on a part-time basis may be present.
e. Not more than sixteen children shall be present at any one time when an inclement weather exception is in effect. If more than eight children are present at any one time during an inclement weather exception, the provider shall be assisted by a responsible individual who is at least eighteen years of age.
97 Acts, ch 151, §3; 98 Acts, ch 1127, §1, 2, 6; 99 Acts, ch 192, §4-11, 37; 2001 Acts, ch 135, §4
Exceptions to child care home requirements during transition period; 99 Acts, ch 192, §37
Reports regarding implementation of expansion of pilot project; proposal for administrative civil penalties; 99 Acts, ch 192, §37
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