CHAPTER 109CHILD CARE CENTERS[Filed as Chapter 108, 2/14/75 and renumbered 7/1/75][Prior to 7/1/83, Social Services[770] Ch 109][Prior to 2/11/87, Human Services[498]]PreambleThe intent of this chapter is to specify minimum requirements for licensed child care centers and preschools and to define those child-caring environments that are governed by the licensing standards. The licensing standards govern licensing procedures, administration, parental participation, personnel, records, health and safety policies, physical facilities, activity programs, and food services.441109.1(237A) Definitions.
"Adult" means a person 18 years of age or older.
"Child" means either of the following:
- A person 12 years of age or younger.
- A person 13 years of age or older but younger than 19 years of age who has a developmental disability, as defined under the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law No.106-402, codified in 42 U.S.C. 15002(8).
"Child care" means the care, supervision, or guidance of a child by a person other than the child’s parent, guardian, or custodian for periods of less than 24 hours per day per child on a regular basis in a place other than the child’s home, but does not include care, supervision, or guidance of a child by any of the following:
- An instructional program for children who are attending prekindergarten as defined by the state board of education under Iowa Code section 256.11 or a higher grade level and are at least four years of age, or at least three years of age and eligible for special education under Iowa Code chapter 256B, and administered by a public or nonpublic school system accredited by the department of education or the state board of regents or a nonpublic school system which is not accredited by the department of education or the state board of regents.
- Any of the following church-related programs:
- An instructional program.
- A youth program other than a preschool, before or after school child care program, or other child care program.
- A program providing care to children on church premises while the children’s parents are attending church-related or church-sponsored activities on the church premises.
- Short-term classes of less than two weeks’ duration held between school terms or during a break within a school term.
- A child care center for sick children operated as part of a pediatrics unit in a hospital licensed by the department of inspections and appeals pursuant to Iowa Code chapter 135B.
- A program operated not more than one day per week by volunteers that meets all the following conditions:
- Not more than 11 children are served per volunteer.
- The program operates for less than 4 hours during any 24-hour period.
- The program is provided at no cost to the children’s parent, guardian, or custodian.
- A program administered by a political subdivision of the state which is primarily for recreational or social purposes and is limited to children who are five years of age or older and attending school.
- An after-school program continuously offered throughout the school year to children who are at least five years of age and enrolled in school and attend the program intermittently, or a summer-only program for such children. The program must be provided through a nominal membership fee or at no cost.
- A special activity program which meets less than four hours per day for the sole purpose of the special activity. Special activity programs include but are not limited to music or dance classes, organized athletic or sports programs, recreational classes, scouting programs, and hobby or craft clubs or classes.
- A nationally accredited camp.
- A structured program for the purpose of providing therapeutic, rehabilitative, or supervisory services to children under any of the following:
- A purchase of service or managed care contract with the department.
- A contract approved by a local decategorization governance board.
- An arrangement approved by a juvenile court order.
- Care provided on site to children of parents residing in an emergency, homeless, or domestic violence shelter.
- A child care facility providing respite care to a licensed foster family home for a period of 24 hours or more to a child who is placed with that licensed foster family home.
- A program offered to a child whose parent, guardian, or custodian is engaged solely in a recreational or social activity, remains immediately available and accessible on the physical premises on which the child’s care is provided, and does not engage in employment while the care is provided. However, if the recreational or social activity is provided in a fitness center or on the premises of a nonprofit organization, the parent, guardian, or custodian of the child may be employed to teach or lead the activity.
"Child care center" "center" means a facility providing child day care for seven or more children, except when the facility is registered as a child development home. For the purposes of this chapter, the word “center” shall apply to a child care center or preschool, unless otherwise specified.
"Child care facility" "facility" means a child care center, a preschool, or a registered child development home.
"Department" means the department of human services.
"Direct responsibility for child care" means being charged with the care, supervision, or guidance of a child.
"Extended evening care" means child care provided by a child care center between the hours of 9 p.m.and 5 a.m.
"Facility" means a building or physical plant established for the purpose of providing child day care.
"Get-well center" means a facility that cares for a child with an acute illness of short duration for short enrollment periods.
"Involvement with child care" means licensed or registered as a child care facility, employed in a child care facility, residing in a child care facility, receiving public funding for providing child care, providing child care as a child care home provider, or residing in a child care home.
"National Health and Safety Performance Standards" means the National Health and Safety Performance Standards: Guidelines for Out-of-Home Child Care Programs produced by the American Public Health Association and the American Academy of Pediatrics with the support of the Maternal and Child Health Bureau, Department of Health and Human Services.
"Parent" means parent or legal guardian.
"Person subject to an evaluation" means a person who has committed a transgression and who is described by any of the following:
- The person is being considered for licensure or is licensed.
- The person is being considered by a child care facility for employment involving direct responsibility for a child or with access to a child when the child is alone, or the person is employed with such responsibilities.
- The person will reside or resides in a child care facility.
- The person has applied for or receives public funding for providing child care.
"Preschool" means a child day care facility which provides care to children aged three through five, for periods of time not exceeding three hours per day. The preschool’s program is designed to help the children develop intellectual, social and motor skills, and to extend their interest in and understanding of the world about them.
"Regulatory fee" means the amount payable to the department for licensure of a child care center based on the capacity of the center.
"Requesting entity" means an entity covered by these rules that is requesting an evaluation to determine if the person being evaluated can have involvement with child care. The requesting entity must be a child care facility as defined in Iowa Code chapter 237A.
"Transgression" means the existence of any of the following in a person’s record:
- Conviction of a crime.
- A record of having committed founded child or dependent adult abuse.
- Listing in the sex offender registry established under Iowa Code chapter 692A.
- A record of having committed a public or civil offense.
- Department revocation or denial of a child care facility registration or license due to the person’s continued or repeated failure to operate the child care facility in compliance with licensing and registration laws and rules.
"Unrestricted access" means that a person has contact with a child alone or is directly responsible for child care.
Related ARC(s): 8650B, 0030C, 1809C, 2169C, 2646C, 3555C441109.2(237A) Licensure procedures. 109.2(1) Application for license. a. Any adult or agency has the right to apply for a license. The application for a license shall be made to the department on a department-provided application for a license to operate a child care center. b. Requested reports including the fire marshal’s report and other information relevant to the licensing determination shall be furnished to the department upon application and renewal. A building owned or leased by a school district or accredited nonpublic school that complies with rules adopted by the state fire marshal for school buildings is considered appropriate for use by a child care facility. c. When a center makes a sufficient application for an initial license, the center may operate for a period of up to 120 calendar days from the date of issuance of the form granting permission to open without a license, pending a final licensing decision. A center has made a sufficient application when it has had an on-site visit and has submitted the following to the department: (1) An application for a license. (2) An approved fire marshal’s report. (3) A floor plan indicating room descriptions and dimensions, including location of windows and doors. (4) Information sufficient to determine that the center director meets minimum personnel qualifications. d. Applicants shall submit the regulatory fee as specified in subrule 109.2(7) to the department’s division of fiscal management. e. Applicants shall be notified of approval or denial of initial applications within 120 days from the date the application is submitted. (1) If the applicant has been issued a form granting permission to open without a license, the applicant shall be notified of approval or denial within 120 calendar days of the date of issuance of the form. (2) No full or provisional license shall be issued before payment of the applicable regulatory fee as determined pursuant to subrule 109.2(7). f. The department shall not act on a licensing application for 12 months after an applicant’s child care center license has been denied or revoked. g. When the department has denied or revoked a license, the applicant or person shall be prohibited from involvement with child care unless the department specifically permits involvement through a record check decision. 109.2(2) License. a. An applicant showing compliance with center licensing laws and these rules, including department approval of center plans and procedures and submission of the regulatory fee as specified in subrule 109.2(7) to the department by the date due, shall be issued a license for 24 months. In determining whether or not a center is in compliance with the intent of a licensing standard outlined in this chapter, the department shall make the final decision. b. A new license shall be applied for when the center moves, expands, or the facility is remodeled to change licensed capacity. c. A new license shall be applied for when another adult or agency assumes ownership or legal responsibility for the center. 109.2(3) Provisional license. a. A provisional license may be issued or a previously issued license may be reduced to a provisional license for a period up to one year when the center does not sufficiently meet standards imposed by law and these rules. b. A provisional license shall be renewable when written plans giving specific dates for completion to bring the center up to standards are submitted to and approved by the department. A provisional license shall not be reissued for more than two consecutive years when the lack of compliance with the same standards has not been corrected within two years. c. When the center submits documentation or it can otherwise be verified that the center complies with standards imposed by law or these rules, the license shall be upgraded to a full license. 109.2(4) Denial. Initial applications or renewals shall be denied when: a. The center does not comply with center licensing laws and these rules in order to qualify for a full or provisional license. b. The center is operating in a manner which the department determines impairs the safety, health, or well-being of children in care. c. A person subject to an evaluation has transgressions that merit prohibition of involvement with child care and of licensure, as determined by the department. d. Information provided either orally or in writing to the department or contained in the center’s files is shown to have been falsified by the provider or with the provider’s knowledge. e. The center is not able to obtain an approved fire marshal’s certificate as prescribed by the state fire marshal or fails to comply in correcting or repairing any deficiencies in the time determined by the fire marshal or the fire marshal determines the facility is not safe for occupancy. f. The regulatory fee as specified in subrule 109.2(7) is not received by the department’s division of fiscal management within 60 calendar days from the due date on the invoice. 109.2(5) Revocation and suspension. A license shall be revoked or suspended if corrective action has not been taken when: a. The center does not comply with center licensing laws or these rules. b. The center is operating in a manner which the department determines impairs the safety, health, or well-being of the children in care. c. A person subject to an evaluation has transgressions that merit prohibition of involvement with child care and of licensure, as determined by the department. d. Information provided to the department or contained in the center’s files is shown to have been falsified by the provider or with the provider’s knowledge. e. The facility is not able to obtain an approved fire marshal’s certificate as prescribed by the state fire marshal or fails to comply in correcting or repairing any deficiencies in the time determined by the fire marshal or the fire marshal determines the facility is not safe for occupancy. f. The regulatory fee as specified in subrule 109.2(7) is not paid in full due to insufficient funds to cover a check submitted to the department for the fee. 109.2(6) Adverse actions. a. Notice of adverse actions for a denial, revocation, or suspension and the right to appeal the licensing decision shall be given to applicants and licensees in accordance with 441—Chapter 7 and rule 441—16.3(17A). b. An applicant or licensee affected by an adverse action may request a hearing by means of a written request directed to the Department of Human Services, Appeals Section, 1305 E. Walnut Street, Fifth Floor, Des Moines, Iowa 50319-0114. The request shall be submitted within 30 days after the date the department mailed the official notice containing the nature of the denial, revocation, or suspension. c. A letter received by an owner or director of a licensed center initiating action to deny, suspend, or revoke the facility’s license shall be conspicuously posted at the main entrance to the facility where it can be read by parents or any member of the public. The letter shall remain posted until resolution of the action to deny, suspend or revoke the license. If the action to deny, suspend, or revoke is upheld, the center shall return the license to the department. d. If the center’s license is denied, suspended or revoked, the administrator of the department shall notify the parent, guardian, or legal custodian of each child for whom the facility provides child care. The center shall cooperate with the department in providing the names and address of the parent, guardian, or legal custodian of each child for whom the facility provides child care. 109.2(7) Regulatory fees. A fee based upon center capacity is due to the department at the time of issuance of the license in accordance with this subrule. a. Fee structure. The amount of the fee is based on the capacity of the center as indicated below:Center CapacityFee Amount0 to 20 children$5021 to 50 children$7551 to 100 children$100101 to 150 children$125151 or more children$150 b. Determination of capacity. The licensing consultant shall determine center capacity by dividing the amount of usable space by the amount of space required per child, as specified in subrule 109.11(1) and subparagraphs 109.11(3)“a”(2) and (3). Upon approval by the department, the final determination of center capacity may include evaluation of other factors that influence capacity, as long as physical space requirements per child as defined in subrule 109.11(1) and subparagraphs 109.11(3)“a”(2) and (3) are maintained. c. Notification. Upon final determination of center capacity by the licensing consultant, the licensing consultant or designee shall sign and provide the child care center licensing fee invoice to the center. d. Payment. The center shall return the child care center licensing fee invoice to the department with the licensing fee payment within 60 calendar days from the date on the invoice. Payment may be in the form of cash, check, money order, or cashier’s check. Regulatory fees are nonrefundable and nontransferable.Related ARC(s): 8650B, 1209C, 2646C, 4752C, 4973C, 6023C441109.3(237A) Inspection and evaluation. The department shall conduct an unannounced on-site visit in order to make a licensing recommendation for all initial and renewal applications for licensure and shall determine compliance with licensing standards imposed by licensing laws and these rules when a complaint is received. 109.3(1) At least one unannounced on-site visit shall be conducted each calendar year. 109.3(2) After each visit and complaint, the department shall document whether a center was in compliance with center licensing standards imposed by licensing laws and these rules. 109.3(3) The written documentation of the department’s conclusion as to whether a center was in compliance with licensing standards for all licensing visits and complaints shall be available to the public. However, the identity of the complainant shall be withheld unless expressly waived by the complainant.Related ARC(s): 4752C441109.4(237A) Administration. 109.4(1) Purpose and objectives. Incorporated and unincorporated centers shall submit a written statement of purpose and objectives. The plan and practices of operation shall be consistent with this statement. 109.4(2) Required written policies. The child care center owner, board or director shall: a. Develop fee policies and financial agreements for the children served. b. Develop and implement policies for enrollment and discharge of children, field trips and non-center activities, transportation, discipline, nutrition, and health and safety policies. c. Develop a curriculum or program structure that uses developmentally appropriate practices and an activity program appropriate to the developmental level and needs of the children. d. Develop and implement a written plan for staff orientation to the center’s policies and to the provisions of 441—Chapter 109 where applicable to staff. e. Develop and implement a written plan for ongoing training and staff development in compliance with professional growth and development requirements established by the department in rule 441—109.7(237A). f. Make available for review a copy of the center policies and program to all staff at the time of employment and each parent at the time a child is admitted to the center. A copy of the fee policies and financial agreements shall be provided to each parent at the time a child is admitted to the center. g. Develop and implement a policy for responding to incidents of biting that includes the following elements. (1) An explanation of the center’s perspective on biting. (2) A description of how the center will respond to individual biting incidents and episodes of ongoing biting. (3) A description of how the center will assess the adequacy of caregiver supervision and the context and the environment in which the biting occurred. (4) A description of how the center will respond to the individual child or caregiver who was bitten. (5) A description of the process for notification of parents of children involved in the incident. (6) A description of how the incident will be documented. (7) A description of how confidentiality will be protected. (8) A description of first-aid procedures that the center will use in response to biting incidents. h. Develop a policy to ensure that people do not have unauthorized access to children at the center. The policy shall be subject to review for minimum safety standards by the licensing consultant. The policy shall include but is not limited to the following: (1) The center’s criteria for allowing people to be on the property of the facility when children are present. (2) A description of how center staff will supervise and monitor people who are permitted on the property of the center when children are present, but who have not been cleared for involvement with child care through the formal record check process as outlined in subrule 109.6(6). The description shall include definitions of “supervision” and “monitoring.” (3) A description of how responsibility for supervision and monitoring of people in the center will be delegated to center staff, which includes provisions that address conflicts of interest. (4) A description of how the policy will be shared with parents, guardians, and custodians of all children who are enrolled at the center. i. Develop and implement a policy for protection of each child’s confidentiality. 109.4(3) Required postings. a. Postings are required for the certificate of license, notice of exposure of children to a communicable disease, and notice of decision to deny, suspend, or revoke the center’s license or reduce the center’s license to a provisional status. The center’s license, reflecting current regulatory status, and all other required postings shall be conspicuously placed at the main entrance to the center. If the center is located in a building used for additional purposes and shares the main entrance to the building, the required postings shall be conspicuously placed in the center in an area that is frequented daily by parents or the public. b. Postings are required for mandatory reporter requirements, the notice of availability of the handbook required in subrule 109.4(5), and the program activities and shall be placed in an area that is frequented daily by parents or the public. 109.4(4) Mandatory reporters. Requirements and procedures for mandatory reporting of suspected child abuse as defined in Iowa Code section 232.69 shall be posted where they can be read by staff and parents. Methods of identifying and reporting suspected child abuse and neglect shall be discussed with all staff within 30 days of employment. 109.4(5) Handbook. A copy of “Child Care Centers and Preschools Licensing Standards and Procedures” shall be available in the child care center, and a notice stating that a copy is available for review upon request from the center director shall be conspicuously posted. The name, office mailing address and telephone number of the child care consultant shall be included in the notice. 109.4(6) Certificate of license. The child care license shall be posted in a conspicuous place and shall state the particular premises in which child care may be offered and the number of children who may be cared for at any one time. Notwithstanding the requirements in rule 441—109.8(237A), no greater number of children than is authorized by the license shall be cared for at any one time.Related ARC(s): 8650B, 1209C, 2646C441109.5(237A) Parental participation. 109.5(1) Unlimited access. Parents shall be afforded unlimited access to their children and to the provider caring for their children during the center’s hours of operation or whenever their children are in the care of a provider, unless parental contact is prohibited by court order. The provider shall inform all parents of this policy in writing at the time the child is admitted to the center. 109.5(2) Parental evaluation. If requested by the department, centers shall assist the department in conducting an annual survey of parents being served by their center. The department shall notify centers of the time frames for distribution and completion of the survey and the procedures for returning the survey to the department. The purpose of the survey shall be to increase parents’ understanding of developmentally appropriate and safe practice, solicit statewide information regarding parental satisfaction with the quality of care being provided to children and obtain the parents’ perspective regarding the center’s compliance with licensing requirements.Related ARC(s): 2646C441109.6(237A) Personnel. The board or director of the center shall develop policies for hiring and maintaining staff that demonstrate competence in working with children and that meet the following minimum requirements: 109.6(1) Center director requirements. Centers that have multiple sites shall have a center director or on-site supervisor in each center. The center director is responsible for the overall functions of the center, including supervising staff, designing curriculum and administering programs. The director shall ensure services are provided for the children within the framework of the licensing requirements and the center’s statement of purpose and objectives. The center director shall have overall responsibility for carrying out the program and ensuring the safety and protection of the children. Information shall be submitted in writing to the child care consultant prior to the start of employment. Final determination shall be made by the department. Information shall be submitted sufficient to determine that the director meets the following minimum qualifications: a. Is at least 21 years of age. b. Has obtained a high school diploma or passed a general education development test. c. Has completed at least one course in business administration or 12 contact hours in administrative-related training related to personnel, supervision, record keeping, or budgeting or has one year of administrative-related experience. d. Has certification in infant, child, and adult cardiopulmonary resuscitation (CPR), first aid, and Iowa’s training for the mandatory reporting of child abuse. e. Has achieved a total of 100 points obtained through a combination of education, experience, and child development-related training as outlined in the following chart:EDUCATIONEXPERIENCE(Points multiplied byyears of experience)CHILD DEVELOPMENT-RELATED TRAININGBachelor’s or higher degree in early childhood, child development, or elementary education75Full-time (20 hours or more per week) in a child care center or preschool setting20One point per contact hour of trainingAssociate’s degree in child development or bachelor’s degree in a child-related field50Part-time (less than 20 hours per week) in a child care center or preschool setting10Child development associate (CDA) or one-year diploma in child development from a community college or technical school40Full-time (20 hours or more per week) child development-related experience10Bachelor’s or higher degree in a non-child-related field40Part-time (less than 20 hours per week) child development-related experience5Associate’s degree in a non-child-related field or completion of at least two years of a four-year degree20Registered child development home provider10Nonregistered family home provider5 (1) In obtaining the total of 100 points, a minimum of two categories must be used, no more than 75 points may be achieved in any one category, and at least 20 points shall be obtained from the experience category. (2) Points obtained in the child development-related training category shall have been taken within the past five years. (3) For directors in centers predominantly serving children with special needs, the directors may substitute a disabilities-related or nursing degree for the bachelor’s degree in early childhood, child development or elementary education in determining point totals. In addition, experience in working with children with special needs in an administrative or direct care capacity shall be equivalent to full-time experience in a child care center or preschool in determining point totals. (4) For directors in centers serving predominantly school-age children, the directors may substitute a degree in secondary education, physical education, recreation or related fields for the bachelor’s degree in early childhood, child development or elementary education in determining point totals. In addition, child-related experience working with school-age children shall be equivalent to full-time experience in a child care center or preschool in determining point totals. 109.6(2) On-site supervisor. The on-site supervisor is responsible for the daily supervision of the center and must be on site daily either during the hours of operation that children are present or a minimum of eight hours of the center’s hours of operation. Information shall be submitted in writing to the child care consultant prior to the start of employment. Final determination shall be made by the department. Information shall be submitted sufficient to determine that the on-site supervisor meets the following minimum qualifications: a. Is an adult. b. Has obtained a high school diploma or passed a general education development test. c. Has certification in infant, child, and adult cardiopulmonary resuscitation (CPR), first aid, and Iowa’s mandatory reporting of child abuse. d. Has achieved a total of 75 points obtained through a combination of education, experience, and child development-related training as outlined in the following chart:EDUCATIONEXPERIENCE(Points multiplied byyears of experience)CHILD DEVELOPMENT-RELATED TRAININGBachelor’s or higher degree in early childhood, child development, or elementary education75Full-time (20 hours or more per week) in a child care center or preschool setting20One point per contact hour of trainingAssociate’s degree in child development or bachelor’s degree in a child-related field50Part-time (less than 20 hours per week) in a child care center or preschool setting10Child development associate (CDA) or one-year diploma in child development from a community college or technical school40Full-time (20 hours or more per week) child development-related experience10Bachelor’s or higher degree in a non-child-related field40Part-time (less than 20 hours per week) child development-related experience5Associate’s degree in a non-child-related field or completion of at least two years of a four-year degree20Registered child development home provider10Nonregistered family home provider5 (1) In obtaining the total of 75 points, a minimum of two categories must be used, no more than 50 points may be achieved in any one category, and at least 10 points shall be obtained from the experience category. (2) Points obtained in the child development-related training category shall have been taken within the past five years. (3) For on-site supervisors in centers predominantly serving children with special needs, the on-site supervisor may substitute a disabilities-related or nursing degree for the bachelor’s degree in early childhood, child development or elementary education in determining point totals. In addition, experience in working with children with special needs in an administrative or direct care capacity shall be equivalent to full-time experience in a child care center or preschool in determining point totals. (4) For on-site supervisors in centers serving predominantly school-age children, the on-site supervisor may substitute a degree in secondary education, physical education, recreation or related fields for the bachelor’s degree in early childhood, child development or elementary education in determining point totals. In addition, child-related experience working with school-age children shall be equivalent to full-time experience in a child care center or preschool in determining point totals. 109.6(3) Director and on-site supervisor functions combined. In a center where the functions of the center director and the on-site supervisor are accomplished by the same person, the educational and experience requirements for a center director shall apply. If the center director is serving in the role of the on-site supervisor, the director shall be on site daily either during the hours of operation or a minimum of at least eight hours of the center’s hours of operation. If the staff person designated as the on-site supervisor is temporarily absent from the center, another responsible adult staff shall be designated as the interim on-site supervisor. 109.6(4) Transition period for staff. Rescinded IAB 8/3/16, effective 10/1/16. 109.6(5) Volunteers. A volunteer shall be at least 16 years of age. All volunteers shall: a. Sign a statement indicating whether or not they have one of the following: (1) A conviction of any law in any state or any record of founded child abuse or dependent adult abuse in any state. (2) A communicable disease or other health concern that could pose a threat to the health, safety, or well-being of the children. b. Sign a statement indicating the volunteer has been informed of the volunteer’s responsibilities as a mandatory reporter. c. Undergo the record check process when any of the following criteria are met: (1) The volunteer is included in meeting the required child-to-staff ratio; (2) The volunteer has direct responsibility for a child or children; or (3) The volunteer has access to a child or children with no other staff present. d. Have on file at the facility a record containing the statements required in paragraphs 109.6(5)“a” and “b” and documentation of any record check process. The record shall be maintained as required in paragraph 109.9(1)“b.” 109.6(6) Record checks. a. Applicability. (1) Criminal and child abuse record checks shall be conducted for:- Each owner, director, staff member, volunteer, or subcontracted staff person with direct responsibility for child care or with access to a child when the child is alone;
- Anyone living in the child care facility who is 14 years of age or older.
- Date of most recent national criminal history check conducted by the center on the person in question, and
- Whether or not the national check process resulted in clearance of the person for involvement with child care.
- Conviction of a controlled substance offense under Iowa Code chapter 124.
- Founded child abuse that was determined to be physical abuse.
- Documentation of criminal justice proceedings.
- Documentation of rehabilitation.
- Written employment references or applications.
- Documentation of substance abuse education or treatment.
- Criminal history records, child abuse information, and dependent adult abuse information from other states.
- Documentation of the person’s prior residences.
- The nature and seriousness of the transgression in relation to the position sought or held.
- The time elapsed since the commission of the transgression.
- The circumstances under which the transgression was committed.
- The degree of rehabilitation.
- The likelihood that the person will commit the transgression again.
- The number of transgressions committed by the person.
- The person’s position with the subsequent employer is substantially the same or has the same job responsibilities as the position for which the previous evaluation was performed.
- Any restrictions placed on the person’s employment by the department in the previous evaluation shall remain applicable in the person’s subsequent employment.
- The person subject to the record check has maintained a copy of the previous evaluation and provides the evaluation to the subsequent employer, or the previous employer provides to the subsequent employer the previous evaluation from the person’s personnel file pursuant to the person’s authorization. If a physical copy of the previous evaluation is not provided to the subsequent employer, the record check shall be reevaluated.
- The subsequent employer may request a reevaluation of the record check and may employ the person while the reevaluation is being performed.
- Planning a safe, healthy learning environment (includes nutrition).
- Steps to advance children’s physical and intellectual development.
- Positive ways to support children’s social and emotional development (includes guidance and discipline).
- Strategies to establish productive relationships with families (includes communication skills and cross-cultural competence).
- Strategies to manage an effective program operation (includes business practices).
- Maintaining a commitment to professionalism.
- Observing and recording children’s behavior.
- Principles of child growth and development.
- The precise location in the center where the sex offender may be present;
- The reason for the sex offender’s presence at the facility;
- The duration of the sex offender’s presence;
- Description of the supervision that the center staff will provide the sex offender to ensure that no child is alone with the sex offender.