CHAPTER 110CHILD DEVELOPMENT HOMESPreambleThis chapter establishes registration procedures for child development homes. Included are application and renewal procedures, standards for providers, and procedures for compliance checks and complaint investigations.441—110.1(237A)  Definitions.  
"Adult" means a person 18 years of age or older.
"Assistant" means a responsible person 14 years of age or older. The assistant may never be left alone with children. Ultimate responsibility for supervision is with the child care provider.
"Child" means either of the following:
  1. A person 12 years of age or younger.
  2. 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. “Child care” shall not mean special activity programs that meet on a regular basis such as music or dance classes, organized athletics or sports programs, scouting programs, or hobby or craft classes or clubs.
"Child care facility" "facility" means a child care center, a preschool, or a registered child development home.
"Child care home" means a person or program providing child care to five or fewer children at any one time that is not registered to provide child care under this chapter, as authorized under Iowa Code section 237A.3.
"Child development home" means a person or program registered under this chapter that may provide child care to six or more children at any one time.
"Department" means the department of human services.
"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.
"Parent" means parent or legal guardian.
"Part-time hours" means the hours that child development homes in categories B and C are allowed to exceed their maximum preschool- or school-age capacity. A provider may use a total of up to 180 hours per month as part-time hours. No more than two children using part-time hours may be in the child development home at any one time.
"Person subject to an evaluation" means a person who has committed a transgression and who is described by any of the following:
  1. The person is being considered for registration or is registered.
  2. 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.
  3. The person will reside or resides in a child care facility.
  4. The person has applied for or receives public funding for providing child care.
  5. The person will reside or resides in a child care home that is not registered but that receives public funding for providing child care.
"Provider" means the person or program that applies for registration to provide child care and is approved as a child development home.
"Registration" means the process by which child care providers certify that they comply with rules adopted by the department.
"Registration certificate" means the written document issued by the department to publicly state that the provider has certified in writing compliance with the minimum requirements for registration of a child development home.
"School" means kindergarten or a higher grade level.
"Transgression" means the existence of any of the following in a person’s record:
  1. Conviction of a crime.
  2. A record of having committed founded child or dependent adult abuse.
  3. Listing in the sex offender registry established under Iowa Code chapter 692A.
  4. A record of having committed a public or civil offense.
  5. 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.
Related ARC(s): 2647C441—110.2(237A)  Application for registration.  A provider shall apply for registration on Form 470-3384, Application for Child Development Home Registration, provided by the department’s local office or, if available, on the department’s website. The provider shall also use Form 470-3384 to inform the department of any changes in circumstances that would affect the registration.Related ARC(s): 2647C441—110.3(237A)  Renewal of registration.  Renewal of registration shall be completed every 24 months. To request renewal, a provider shall submit Form 470-3384, Application for Child Development Home Registration, and copies of certificates of training, which shall be retained in the registration file. The registration renewal process shall include completion of child abuse, sex offender, and criminal record checks.Related ARC(s): 2647C441—110.4(237A)  Compliance checks.  Prior to registration, a compliance visit to inspect for compliance with health, safety, and fire standards shall be completed.An unannounced compliance visit shall be conducted not less than annually to check for compliance with health, safety, and fire standards as well as all child care regulatory standards. Completed evaluation checklists shall be placed in the registration files.Related ARC(s): 2647C441—110.5(237A)  Parental access.  Parents shall be afforded unlimited access to their children and to the people caring for their children during the normal hours of operation or whenever their children are in the care of the child development home, unless parental contact is prohibited by court order.Related ARC(s): 2647C441—110.6(237A)  Number of children.  The number of children in a child development home shall conform to the following standards:  110.6(1)    Limit.  Except as provided in subrule 110.6(3), no greater number of children shall be received for care at any one time than the number authorized on the registration certificate.  110.6(2)    Children counted.  To determine the number of children cared for at any one time in a child development home, each child present in the child development 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 established or operates the child development home and either 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 development home for more than 72 consecutive hours and meets the requirements of the exception in paragraph 110.6(2)“a” as though the person who established or operates the child development home is the child’s parent, guardian, or custodian.  110.6(3)    Exception for emergency school closing.  On days when schools are closed due to emergencies such as inclement weather or physical plant failure, a child development home may have additional children present in accordance with the authorization for the registration category of the home and subject to all of the following conditions:  a.  The child development home has prior written approval from the parent or guardian of each child present in the home concerning the presence of additional children in the home.  b.  The child development home has a department-approved assistant, aged 14 or older, on duty to assist the care provider, as required for the registration category of the home.  c.  One or more of the following conditions are applicable to each of the additional children present in the child development home:  (1)  The home provides care to the child on a regular basis for periods of less than two hours.  (2)  If the child were not present in the child development home, the child would be unattended.  (3)  The home regularly provides care to a sibling of the child.  d.  The provider shall maintain a written record including the date of the emergency school closing, the reason for the closing, and the number of children in care on that date.Related ARC(s): 2647C441—110.7(237A)  Provider requirements.    110.7(1)    Provider.  The provider shall:  a.  Give careful supervision at all times.  b.  Exchange information with the parent of each child frequently to enhance the quality of care.  c.  Give consistent, dependable care and be capable of handling emergencies.  d.  Be present at all times except when emergencies occur or an absence is planned, at which time care shall be provided by a department-approved substitute. When an absence is planned, the provider shall give parents at least 24 hours’ prior notice.  e.  Be free of the use of illegal drugs and shall not be under the influence of alcohol or of any prescription or nonprescription drug that could impair the provider’s ability to give careful supervision.  110.7(2)    Substitutes.  The provider shall assume responsibility for providing adequate and appropriate supervision at all times when children are in attendance. Any designated substitute shall have the same responsibility for providing adequate and appropriate supervision. Ultimate responsibility for supervision shall be with the provider.  a.  All standards in this chapter regarding supervision and care of children shall apply to substitutes.  b.  Except in emergency situations, the provider shall inform parents in advance of the planned use of a substitute.  c.  The substitute must be 18 years of age or older.  d.  Use of a substitute shall be limited to:  (1)  No more than 25 hours per month.  (2)  An additional period of up to two weeks in a 12-month period.  e.  The provider shall maintain a written record of the number of hours care is provided by a substitute, including the date of the care and the name of the substitute.Related ARC(s): 2647C441—110.8(237A)  Standards.  Conditions in the home shall be safe, sanitary, and free of hazards. The provider shall certify that the child development home meets the following standards and also the standards in either rule 441—110.13(237A), 441—110.14(237A), or 441—110.15(237A), specific to the category of home for which the provider requests registration.  110.8(1)    Facility requirements.    a.  The home shall have a nonpay, working landline or mobile telephone with emergency numbers posted for police, fire, ambulance, and the poison information center. The number for each child’s parent, for a responsible person who can be reached when the parent cannot, and for the child’s physician shall be written on paper and readily accessible by the telephone. The home must prominently display all emergency information, and all travel vehicles must have a paper copy of emergency parent contact information.  b.  Electrical wiring shall be maintained, and all accessible electrical outlets shall be tamper-resistant outlets or shall be safely capped. Electrical cords shall be properly used. Improper use includes the running of cords under rugs, over hooks, or through door openings or other use that has been known to be hazardous.  c.  Combustible materials shall be kept a minimum of three feet away from furnaces, stoves, water heaters, and gas dryers.  d.  Approved safety gates at stairways and doors shall be provided and used as needed.  e.  Annual laboratory analysis of a private water supply shall be conducted to show satisfactory bacteriological quality. When children under the age of two are to be cared for, the analysis shall include a nitrate analysis. When private water supplies are determined unsuitable for drinking, commercially bottled water or water treated through a process approved by the health department or designee shall be provided.  f.  A safety barrier shall surround any heating stove or heating element, in order to prevent burns.  g.  The home shall have at least one 2A 10BC-rated fire extinguisher located in a visible and readily accessible place on each child-occupied floor.  h.  The home shall have at least one single-station, battery-operated, UL-approved smoke detector in each child-occupied room and at the top of every stairway. Each smoke detector shall be installed according to the manufacturer’s recommendations. The provider shall test each smoke detector monthly and keep a record of testing for inspection purposes.  i.  Smoking and the use of tobacco products shall be prohibited at all times in the home and in every vehicle in which children receiving care in the home are transported. Smoking and the use of tobacco products shall be prohibited in the outdoor play area during the home’s hours of operation. “No smoking” signs shall be posted at every entrance of the child care home and in every vehicle used to transport children. All signs shall include:  (1)  The telephone number for reporting complaints, and  (2)  The Internet address of the department of public health (www.iowasmokefreeair.gov).  j.  Homes served by private sewer systems shall be in compliance with discharge restrictions identified at 567—Chapter 69. Discharge of untreated waste water from private sewage disposal systems is prohibited. Compliance shall be verified by the local board of health at the time of registration renewal and new registration.  k.  A provider operating in a facility built before 1960 shall assess and control lead hazards before being issued an initial child development home registration or a renewal of the registration. To comply with this requirement, the provider shall:  (1)  Conduct a visual assessment of the facility for lead hazards that exist in the form of chipping or peeling paint;  (2)  Apply interim controls on any chipping or peeling paint found, using lead-safe work methods in accordance with and as defined by department of public health rules at 641—Chapters 69 and 70, unless a certified inspector as defined in 641—Chapter 70 determines that the paint is not lead-based paint; and  (3)  Submit Form 470-4755, Lead Assessment and Control, as verification of the visual assessment and completion of interim controls, if necessary.  l.  The child development home shall be located in a single-family residence that is owned, rented, or leased by the person, or, for dual registrations, at least one of the persons, who is named on the child development home’s certificate of registration.  m.  Any driver who transports children for any purpose shall have a valid driver’s license and adequate motor vehicle insurance that authorizes the driver to operate the type of vehicle being driven. Child restraint devices shall be utilized in compliance with Iowa Code section 321.446.  n.  Providers shall inform parents of the presence of any pet in the home.  (1)  Each dog or cat in the household shall undergo an annual health examination by a licensed veterinarian. Acceptable veterinary examinations shall be documented on Form 470-5153, Veterinary Health Certificate. This examination shall verify that the animal’s routine immunizations, particularly rabies, are current and that the animal shows no evidence of endoparasites (roundworms, hookworms, whipworms) and ectoparasites (fleas, mites, ticks, lice).  (2)  Each pet bird in the household shall be purchased from a dealer licensed by the Iowa department of agriculture and land stewardship and shall be examined by a veterinarian to verify that the bird is free of infectious diseases. Acceptable veterinary examinations shall be documented on Form 470-5153, Veterinary Health Certificate. Children shall not handle pet birds.  (3)  Aquariums shall be well maintained and installed in a manner that prevents children from accessing the water or pulling over a tank.  (4)  All animal waste shall be immediately removed from the children’s areas and properly disposed of. Children shall not perform any feeding or care of pets or cleanup of pet waste.  (5)  No animals shall be allowed in the food preparation, food storage, or serving areas during food preparation and serving times.  o.  Using an injury report form, the provider shall document all injuries that require first aid or medical care. The form shall be completed on the date of occurrence, shared with the parent, and maintained in the child’s file.  p.  The provider shall have written policies regarding the care of mildly ill children and the exclusion of children due to illness and shall inform parents of these policies.  q.  The provider shall have written policy and procedures for responding to health-related emergencies.  r.  The certificate of registration shall be displayed in a conspicuous place.  s.  Serious injuries.  (1)  Serious injuries, as defined in Iowa Code section 702.18, that occur in a child care facility or when a child is in the care of child care facility staff shall be reported to the department within 24 hours of the incident.  (2)  Serious injuries shall be documented and information maintained in the child’s file as required by subrule 110.9(4).  110.8(2)    Use of outdoor space.    a.  A safe outdoor play area shall be maintained in good condition throughout the year. The play area shall be fenced off when located on a busy thoroughfare or near a hazard which may be injurious to a child and shall have both sunshine and shade areas. The play area shall be kept free from litter, rubbish, and flammable materials and shall be free from contamination by the drainage or ponding of sewage, household waste, or storm water.  b.  When there is a swimming or wading pool on the premises:  (1)  The wading pool shall be drained daily and shall be inaccessible to children when it is not in use.  (2)  An aboveground or in-ground swimming pool that is not fenced shall be covered whenever the pool is not in use. The cover shall meet or exceed the ASTM International (formerly known as the American Society for Testing and Materials) specification intended to reduce the risk of drowning by inhibiting access to the water by children under five years of age.  (3)  An uncovered aboveground swimming pool shall be enclosed with an approved fence that is nonclimbable and is at least four feet high.  (4)  An uncovered in-ground swimming pool shall be enclosed with an approved fence that is nonclimbable and is at least four feet high and flush with the ground.  c.  If children are allowed to use an aboveground or in-ground swimming pool:  (1)  Written permission from parents shall be available for review.  (2)  Equipment needed to rescue a child or adult shall be readily accessible.  (3)  The child care provider shall accompany the children and provide constant supervision while the children use the pool.  (4)  The child care provider shall complete training in cardiopulmonary resuscitation for infants, toddlers, and children, according to the criteria of the American Red Cross or the American Heart Association.  110.8(3)    Medications and hazardous materials.    a.  All medicines and poisonous, toxic, or otherwise unsafe materials shall be secured from access by a child.  b.  A first-aid kit shall be available and easily accessible whenever children are in the child development home, in the outdoor play area, in vehicles used to transport children, and on field trips. The kit shall be sufficient to address first aid related to minor injury or trauma and shall be stored in an area inaccessible to children. The kit shall, at a minimum, include adhesive bandages, bottled water, disposable tweezers, and disposable plastic gloves.  c.  Medications shall be given only with the parent’s or doctor’s written authorization. Each prescribed medication shall be accompanied by a physician’s or pharmacist’s direction. Both nonprescription and prescription medications shall be in the original container with directions intact and labeled with the child’s name. All medications shall be stored properly and, when refrigeration is required, shall be stored in a separate, covered container so as to prevent contamination of food or other medications. All medications shall be stored so they are inaccessible to children. Any medication administered to a child shall be recorded, and the record shall indicate the name of the medication, the date and time of administration, and the amount administered.  d.  All new providers and providers renewing registrations after September 30, 2016, shall not provide medications to a child if the provider has not completed preservice/orientation training that includes medication administration.  110.8(4)    Emergency plans.  Emergency plans in case of man-made or natural disaster shall be written and posted by the primary and secondary exits. The plans shall clearly map building evacuation routes and tornado and flood shelter areas.  a.  Fire and tornado drills shall be practiced monthly, and the provider shall keep documentation evidencing compliance with monthly practice on file for the current year and the previous year.   b.  The provider must have procedures in place for the following:  (1)  Evacuation to safely leave the facility.  (2)  Relocation to a common, safe location after evacuation.  (3)  Shelter-in-place to take immediate shelter where the child is when it is unsafe to leave that location due to the emergent issue.  (4)  Lockdown to protect children and providers from an external situation.  (5)  Communication and plans for reunification with families.  (6)  Continuity of operations.  (7)  To address the needs of individual children, including those with functional or access needs.  110.8(5)    Safe sleep.    a.  The provider shall follow safe sleep practices as recommended by the American Academy of Pediatrics for infants under the age of one. Infant sleep shall conform to the following standards:   (1)  Infants shall always be placed on their backs for sleep.   (2)  Infants shall be placed on a firm mattress with a tight fitted sheet that meets U.S. Consumer Product Safety Commission federal standards.   (3)  Infants shall not be allowed to sleep on a bed, sofa, air mattress or other soft surface.   (4)  No toys, soft objects, stuffed animals, pillows, bumper pads, blankets, or loose bedding shall be allowed in the sleeping area with the infant.   (5)  No co-sleeping shall be allowed.   (6)  Sleeping infants shall be actively observed by sight and sound.   (7)  If an alternate sleeping position is needed, a signed physician or physician assistant authorization with statement of medical reason is required.  b.  No child shall be allowed to sleep in any item not designed for sleeping including, but not limited to, an infant seat, car seat, swing, or bouncy seat.   c.  A crib or criblike furniture which has a waterproof mattress covering and sufficient bedding to enable a child to rest comfortably and which meets the current standards or recommendations from the Consumer Product Safety Commission or ASTM International for juvenile products shall be provided for each child under two years of age if developmentally appropriate. Crib railings shall be fully raised and secured when the child is in the crib. A crib or criblike furniture shall be provided for the number of children present at any one time. The home shall maintain all cribs or criblike furniture and bedding in a clean and sanitary manner. There shall be no restraining devices of any type used in cribs.  d.  All items used for sleeping must be used in compliance with manufacturer standards for age and weight of the child.  110.8(6)    Discipline.  Discipline shall conform to the following standards:  a.  Corporal punishment, including spanking, shaking and slapping, shall not be used.  b.  Punishment that is humiliating or frightening or that causes pain or discomfort to the child shall not be used.  c.  Punishment shall not be administered because of a child’s illness, or progress or lack of progress in toilet training, nor shall punishment or threat of punishment be associated with food or rest.  d.  No child shall be subjected to verbal abuse, threats, or derogatory remarks about the child or the child’s family.  e.  Discipline shall be designed to help the child develop self-control, self-esteem, and respect for the rights of others.  110.8(7)    Meals and snacks.    a.  Regular meals and midmorning or midafternoon snacks shall be provided. The meals and snacks shall be well-balanced, nourishing, and in appropriate amounts as defined by the USDA Child and Adult Care Food Program.  b.  Children may bring food to the child development home for their own consumption but shall not be required to provide their own food.  c.  Clean, sanitary drinking water shall be readily available to children in indoor and outdoor areas, throughout the day.  110.8(8)    Activity program.  There shall be an activity program which promotes self-esteem and exploration and includes:  a.  Active play.  b.  Quiet play.  c.  Activities for large-muscle development.  d.  Activities for small-muscle development.  e.  Play equipment and materials in a safe condition, for both indoor and outdoor activities which are developmentally appropriate for the ages and number of children present.Related ARC(s): 2647C, 3096C, 3556C441—110.9(237A)  Files.    110.9(1)  A provider file shall be maintained and shall contain the following:  a.  A physical examination report. Providers and all members of a provider’s household over the age of 12 shall have good health as evidenced by a preregistration physical examination. Acceptable physical examinations shall be documented on Form 470-5152, Child Care Provider Physical Examination Report. The physical examination shall include any necessary testing for communicable diseases; shall include a discussion regarding current Advisory Committee on Immunization Practices (ACIP)-recommended vaccinations; shall be performed by a licensed medical doctor, doctor of osteopathy, physician assistant or advanced registered nurse practitioner within six months prior to the provider’s registration; and shall be repeated at least every three years. All children residing in the household who are 12 years of age or younger must have the medical documentation outlined in paragraphs 110.9(4)“d,”“f,” and “g.”  b.  Certificates or other documentation from the department verifying the following:  (1)  Required training as set forth in subrule 110.10(1).  (2)  Completion of all record checks as required in subrule 110.11(3), at initial application, at each application for change, and at each application for renewal.  110.9(2)  An individual file for each staff assistant shall be maintained and shall contain the following:  a.  Documentation from the department which confirms that the record checks required under subrule 110.11(3) have been completed and authorizes or conditionally limits the person’s involvement with child care.  b.  A completed Form 470-5152, Child Care Provider Physical Examination Report, that meets the requirements of paragraph 110.9(1)“a.”  c.  Certification of a minimum of two hours of approved training relating to the identification and reporting of child abuse as required by Iowa Code section 232.69, completed within three months of employment.  110.9(3)  An individual file for each substitute shall be maintained and shall contain the following:  a.  Documentation from the department which confirms that the record checks required under subrule 110.11(3) have been completed and authorizes or conditionally limits the person’s involvement with child care.  b.  A completed Form 470-5152, Child Care Provider Physical Examination Report, that meets the requirements of paragraph 110.9(1)“a.”  c.  Certification of a minimum of two hours of approved training relating to the identification and reporting of child abuse as required by Iowa Code section 232.69, completed within three months of employment.  d.  Certification in first aid that meets the requirements of paragraph 110.10(1)“c.”  e.  Certification or other documentation that minimum health and safety training has been completed in compliance with paragraph 110.10(1) “a” within three months of a substitute’s hiring or before a substitute provides care, whichever occurs first.  110.9(4)    Children’s files.  An individual file for each child shall be maintained and updated annually or when the provider becomes aware of changes. The file shall contain:  a.  Identifying information including, at a minimum, the child’s name and birth date; the parent’s name, address and telephone number; special needs of the child; and the parent’s work address and telephone number.  b.  Emergency contact information including, at a minimum, where the parent can be reached, the name, street address, city and telephone number of the child’s regular source of health care, and the name, telephone number, and relationship to the child of another adult available in case of emergency.  c.  A signed medical consent from the parent authorizing emergency medical and dental treatment.  d.  An admission physical examination report signed by a licensed physician or a designee in a clinic supervised by a licensed physician.  (1)  The date of the physical examination shall not be more than 12 months before the child’s first day of attendance at the child development home.  (2)  The written report shall include the child’s past health history, status of the child’s present health, allergies and restrictive conditions, and recommendations for continued care when necessary.  (3)  For a child who is five years of age or older and enrolled in school, a statement of health status signed by the parent or legal guardian may be substituted for the physical examination report.  (4)  The examination report or statement of health status shall be on file before the child’s first day of care.  e.  A statement of health condition signed by a physician or designee and submitted annually from the date of the admission physical examination. For a child who is five years of age or older and enrolled in school, a statement of health status signed by the parent or legal guardian may be substituted for the physician statement.  f.  For each school-age child, on the first day of attendance, documentation of a physical examination that was completed at the time of school enrollment or since.  g.  A signed and dated immunization certificate provided by the Iowa department of public health. For the school-age child, a copy of the most recent immunization record shall be acceptable.  h.  For any child with allergies, a written emergency plan in case of an allergic reaction. A copy of this information shall accompany the child if the child leaves the premises.  i.  A list that is signed by the parent and names persons authorized to pick up the child. The authorization shall include the name, telephone number, and relationship of the authorized person to the child.  j.  Written permission from the parent for the child to attend activities away from the child development home. The permission shall include:  (1)  Times of departure and arrival.  (2)  Destination.  (3)  Names of persons who will be responsible for the child.  k.  Injury report forms documenting injuries requiring first aid or medical care.  l.  If the child meets the definition of homelessness as defined by Section 725(2) of the McKinney-Vento Homeless Education Assistance Act, the family shall receive a 60-day grace period to obtain medical documentation.Related ARC(s): 2647C, 3095C, 4753C441—110.10(237A)  Professional development.    110.10(1)    Required training.    a.  Prior to registration, the provider shall complete minimum health and safety trainings, approved by the department, in all of the following areas:  (1)  Prevention and control of infectious disease, including immunizations.  (2)  Prevention of sudden infant death syndrome and use of safe sleep practices.  (3)  Administration of medication, consistent with standards for parental consent.  (4)  Prevention of and response to emergencies due to food and allergic reactions.  (5)  Building and physical-premises safety, including identification of and protection from hazards that can cause bodily injury, such as electrical hazards, bodies of water, and vehicular traffic.  (6)  Prevention of shaken baby syndrome and abusive head trauma.  (7)  Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event.  (8)  Handling and storage of hazardous materials and the appropriate disposal of biocontaminants.  (9)  Precautions in transporting children.  (10)  Child development, on or after August 1, 2017.  b.  Prior to registration, the provider shall complete two hours of Iowa’s training for mandatory reporting of child abuse as required by Iowa Code section 232.69. The provider shall maintain a valid certificate indicating expiration date.  c.  Prior to registration, the provider shall complete first-aid and cardiopulmonary resuscitation (CPR) training that meets the following requirements:  (1)  Training shall be provided by a nationally recognized training organization, such as the American Red Cross, American Heart Association, National Safety Council, the American Safety and Health Institute, or MEDIC First Aid or by an equivalent trainer using curriculum approved by the department.  (2)  CPR training shall include certification in infant and child CPR.  (3)  The provider shall maintain a valid certificate indicating the date of first-aid training and the expiration date.  (4)  The provider shall maintain a valid certificate indicating the date of CPR training and the expiration date.  d.  During each two-year registration period, the provider shall receive a minimum of 24 hours of training from one or more of the following content areas. A provider shall not use a specific training or class to meet minimum continuing education requirements more than one time every five years.  (1)  Planning a safe, healthy learning environment (includes nutrition).   (2)  Steps to advance children’s physical and intellectual development.  (3)  Positive ways to support children’s social and emotional development (includes guidance and discipline).  (4)  Strategies to establish productive relationships with families (includes communication skills and cross-cultural competence).  (5)  Strategies to manage an effective program operation (includes business practices).   (6)  Maintaining a commitment to professionalism.  (7)  Observing and recording children’s behavior.   (8)  Principles of child growth and development.  e.  Minimum health and safety training may be required if content has significant changes which warrant that the training be renewed.  f.  A provider who has completed training through a child care resource and referral agency or community college within six months prior to initial registration shall be permitted to count the training toward the provider’s total training required during the initial registration.  110.10(2)    Approved training.    a.  The training must be conducted by a trainer who is employed by or under contract with one of the following entities or who uses curriculum or training materials developed by or obtained with the written permission of one of the following entities:  (1)  An accredited university or college.  (2)  A community college.  (3)  Iowa State University Extension.  (4)  A child care resource and referral agency.   (5)  An area education agency.  (6)  The regents’ center for early developmental education at the University of Northern Iowa.   (7)  A hospital (for health and safety, first-aid, and CPR training).  (8)  The American Red Cross, American Heart Association, National Safety Council, American Safety and Health Institute or MEDIC First Aid (for first-aid and CPR training).  (9)  An Iowa professional association, including the Iowa Association for the Education of Young Children (Iowa AEYC), the Iowa Family Child Care Association (IFCCA), the Iowa After School Alliance, and the Iowa Head Start Association.  (10)  A national professional association, including the National Association for the Education of Young Children (NAEYC), the National Child Care Association (NCCA), the National Association for Family Child Care (NAFCC), the National After School Association, and the American Academy of Pediatrics.  (11)  The Child and Adult Care Food Program (CACFP) and the Special Supplemental Nutrition Program for Women, Infants and Children (WIC).  (12)  The Iowa department of public health, department of education, or department of human services.  (13)  Head Start agencies or the Head Start technical assistance system.  (14)  Organizations that are certified by the International Association for Continuing Education and Training (IACET).  b.  Training received in a group setting must follow a presentation format that incorporates a variety of adult learning methods. The material or content of the training must be obtained from one of the entities listed in paragraph 110.10(2)“a” or an entity approved under paragraph 110.10(2)“h.  c.  Approved training shall be made available to Iowa child care providers through the child care provider training registry.  d.  Training received in a group setting may include distance learning opportunities, such as training conducted over the Iowa communications network, online courses, or web conferencing (webinars) if:  (1)  The training meets the requirements in subrule 110.10(3);  (2)  The training is taught by an instructor and requires interaction between the instructor and the participants, such as required chats or message boards; and  (3)  The training organization meets the requirements listed in this subrule or is approved by the department.  e.  The department will not approve more than eight hours of training delivered in a single day.  f.  The department may randomly monitor any state-approved training for quality control purposes.  g.  Training conducted with the provider either during the hours of operation of the facility, provider lunch hours, or while children are resting must not diminish the required ratio coverage. The provider shall not be actively engaged in care and supervision and simultaneously participate in training.  h.  A training organization not approved by the department may submit a request for review to the department on Form 470-4528, Request for Child Care Training Approval. All approvals, unless otherwise specified, shall be valid for five years. The department shall issue its decision within 30 business days of receipt of a complete request.  110.10(3)    Elements of training.  Training provided to Iowa child care providers shall offer:  a.  Instruction that is consistent with:  (1)  Iowa child care regulatory standards;   (2)  The Iowa early learning standards; and  (3)  The philosophy of developmentally appropriate practice as defined by the National Association for the Education of Young Children, the Program for Infant/Toddler Care, and the National Health and Safety Performance Standards.  b.  Content equal to at least one contact hour of training.  c.  An opportunity for teacher-student interaction and timely feedback, including questions and answers and with evaluation of learning.  d.  For each participant, a certificate of training that includes:   (1)  The name of the participant.  (2)  The title of the training.  (3)  The dates of training.  (4)  The content area addressed.  (5)  The name of the training organization.  (6)  The name of the instructor.  (7)  The number of contact hours.Related ARC(s): 2647C, 3095C, 3556C, 4753C441—110.11(234)  Registration decision.  The department shall issue Form 470-3498, Certificate of Registration, when an applicant meets all requirements for registration. Each local office of the department shall maintain a current list of registered child development homes as a referral service to the community.  110.11(1)  Registration shall be denied or revoked if the department finds a hazard to the safety and well-being of a child and the provider cannot correct or refuses to correct the hazard, even though the hazard may not have been specifically listed under the health and safety rules. Registration may also be denied or revoked if the department determines that the provider has failed to comply with standards imposed by law and these rules.  110.11(2)  Record of all denials or revocations of registration and the documentation of reasons for denying or revoking the registration shall be kept in an open file.  110.11(3)  Record checks.  a.    Applicability.  The department shall conduct Iowa criminal history record and child abuse record checks for each registrant, substitute or staff member, anyone living in the home who is 14 years of age or older, and anyone having access to a child when the child is alone. The department shall conduct national criminal history record checks, based on fingerprints, for each registrant, substitute or staff member, anyone living in the home who is 18 years of age or older, and anyone 18 years of age or older having access to a child when the child is alone. In accordance with Iowa Code section 726.23, minors under the age of 18 will not be subject to the fingerprint requirement.  (1)  The purpose of these record checks is to determine whether the person has committed a transgression that prohibits or limits the person’s involvement with child care.  (2)  The department may also conduct criminal history record and child abuse record checks in other states and may conduct dependent adult abuse, sex offender registry, and other public or civil offense record checks in Iowa or other states.  (3)  Effective July 1, 2013, registration or renewal certificates shall not be issued until the results of all state and national record checks have been received and, when necessary, evaluated.  b.    Authorization.  The person subject to record checks shall complete the Iowa department of human services record check authorization form; Form DCI-45, Waiver Agreement; Form FD-258, Federal Fingerprint Card; and any other forms required by the department of public safety to authorize the release of records.  c.    Iowa records checks.  Checks and evaluations of Iowa child abuse and criminal history records shall be completed before the person’s involvement with child care. Iowa records checks shall be repeated at a minimum of every two years and when the department or the registrant becomes aware of any possible transgressions. The department is responsible for the cost of conducting the Iowa records checks.  d.    National criminal history record checks.  Fingerprint-based checks of national criminal history records shall also be completed before a person’s involvement with child care. This requirement shall be for an initial application for registration or a renewal application for registration. The national criminal history record check shall be repeated for each person subject to the check every four years and when the department or registrant becomes aware of any new transgressions committed by that person in another state. The department is responsible for the cost of conducting the national criminal history record check.  (1)  The registrant is responsible for any costs associated with the taking (rolling) of fingerprints of all persons subject to record checks and for submitting the fingerprints to the department so that the national criminal history record check can be completed. Fingerprints may be taken (rolled) by law enforcement agencies or by agencies or companies that specialize in taking (rolling) fingerprints.  (2)  The department shall provide fingerprints to the department of public safety no later than ten business days after receipt of the fingerprint cards. The department shall submit the fingerprints on forms or in a manner allowed by the department of public safety.  (3)  The department may rely on the results of previously conducted national criminal history record checks when a person subject to a record check in one child development home or child care home submits a request for involvement with child care in another child development home or child care home, so long as the person’s national criminal history record check is within the allowable four-year time frame. All initial or new applications shall require a new national criminal history record check.  e.    Mandatory prohibition.  A person with any of the following convictions or founded abuse reports is prohibited from involvement with child care:  (1)  Founded child or dependent adult abuse that was determined to be sexual abuse.  (2)  A requirement to be listed on any state sex offender registry or the national sex offender registry.  (3)  Any of the following felony convictions:  1.  Child endangerment or neglect or abandonment of a dependent person.   2.  Domestic abuse.   3.  Crime against a child including, but not limited to, sexual exploitation of a minor.   4.  Forcible felony.  5.  Arson.  (4)   A record of a misdemeanor conviction of a crime against a child that constitutes one of the following offenses:  1.  Child abuse.  2.  Child endangerment.  3.  Sexual assault.  4.  Child pornography.  (5)  If a person subject to a record check refuses to consent to a record check, the person shall be prohibited from involvement with child care.  (6)  If a person has been convicted of a crime and makes what the person knows to be a false statement of material fact in connection with the conviction or record check, the person shall be prohibited from involvement with child care.  f.    Mandatory time-limited prohibition.    (1)  A person with the following conviction or founded abuse report is prohibited from involvement with child care for five years from the date of the conviction or founded abuse report:
  1. Conviction of a controlled substance offense .
  2. Founded abuse that was determined to be physical abuse.
  (2)  After the five-year prohibition period (from the date of the conviction or the founded abuse report) as defined in subparagraph 110.11(3)“f”(1), the person may request the department to perform an evaluation under paragraph 110.11(3)“g” to determine whether prohibition of the person’s involvement with child care continues to be warranted.
  g.    Evaluation required.  For all other transgressions, and as requested under subparagraph 110.11(3)“f”(2), the department shall evaluate the transgression and make a decision about the person’s involvement with child care.  (1)  The person with the transgression shall complete and return the record check evaluation form within ten calendar days of the date on the form. The department shall use the information the person with the transgression provides on this form to assist in the evaluation. Failure of the person with the transgression to complete and return this form within ten calendar days of the date on the form shall result in denial or revocation of the registration certificate.  (2)  The department may use information from the department’s case records in performing the evaluation.  (3)  In an evaluation, the department shall consider all of the following factors:
  1. The nature and seriousness of the transgression in relation to the position sought or held.
  2. The time elapsed since the commission of the transgression.
  3. The circumstances under which the transgression was committed.
  4. The degree of rehabilitation.
  5. The likelihood that the person will commit the transgression again.
  6. The number of transgressions committed by the person.
  (4)  When a person subject to a record check has a transgression that has been determined in a previous evaluation not to warrant prohibition of the person’s involvement with child care and the person has no subsequent transgressions, an exemption from reevaluation of the latest record check is authorized. The person may commence employment with another child care facility in accordance with the department’s previous evaluation. The exemption is subject to all of the following conditions:
  1. The 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.
  2. Any restrictions placed on the person’s employment by the department in the previous evaluation shall remain applicable in the person’s subsequent employment.
  3. 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.
  4. The subsequent employer may request a reevaluation of the record check and may employ the person while the reevaluation is being performed.
  h.    Evaluation decision.  The department has final authority in determining whether prohibition of the person’s involvement with child care is warranted and in developing any conditional requirements or corrective action plan.  (1)  Within 30 calendar days of receipt of a completed record check evaluation, the department shall make a decision on the person’s involvement with child care.  (2)  Within 30 calendar days of receipt of a completed record check evaluation, the department shall mail to the person subject to an evaluation a record check decision that explains the decision reached regarding the evaluation of the transgression and a notice of decision: child care.  (3)  The department shall issue a notice of decision: child care prohibiting involvement with child care when the person subject to an evaluation fails to complete the record check evaluation within the ten-calendar-day time frame.  (4)  If the department determines, through the record check evaluation process, that the person’s prohibition of involvement with child care is warranted, the person shall be prohibited from involvement with child care. The department may identify a period of time after which the person may request that another record check and evaluation be performed.  (5)  The department may permit a person who is evaluated to maintain involvement with child care if the person complies with the department’s conditions relating to the person’s involvement with child care, which may include completion of additional training or an individually designed corrective action plan, or both. For an employee of a registrant, these conditional requirements shall be developed with the registrant. All conditions placed on a person’s involvement with child care shall be communicated, in writing, to both the person subject to the evaluation and the registrant.  (6)  The department shall reevaluate any transgressions where a state or federal law change requires different considerations of the transgression than had been previously applied.  i.    Notice to parents of abuse in care.  If there has been founded child abuse committed by an owner, director, or staff member of the child care facility or child care home, the department’s administrator shall notify the parents, guardians, and legal custodians of each child for whom the facility or child care home provides care.   (1)  The child care facility or child care home shall cooperate with the department in providing the names and addresses of the parent, guardian, or custodian of each child for whom the facility provides child care.  (2)  This information shall be provided to the department within ten calendar days from the date of the initial request.  (3)  Failure or refusal to provide the requested information may result in revocation of registration.
  110.11(4)  If the department has denied or revoked a registration because the provider has continually or repeatedly failed to operate in compliance with Iowa Code chapter 237A and this chapter, the person shall not own or operate a registered facility for a period of 12 months from the date of denial or revocation. The department shall not act on an application for registration submitted by the applicant or provider during the 12-month period. The applicant shall be prohibited from involvement with child care unless the department specifically permits the involvement.  110.11(5)  Required notifications. If a certificate of registration is revoked, the administrator of the department shall notify the parent, guardian, or legal custodian of each child for whom the facility provides care. The provider shall cooperate with the department in providing the name and address of the parent, guardian, or legal custodian of each child for whom the facility provides child care.  110.11(6)  Required notifications to the department.  a.  The provider shall, within ten days, notify the department of any of the following:  (1)  Changes in assistants or substitutes;  (2)  Changes in household membership;  (3)  Address changes; and  (4)  Criminal convictions.  b.  No assistant, substitute, or coprovider shall be utilized in the care of children and no person shall be permitted to reside in the household until approved by the department.  c.  If the provider does not notify the department of changes within ten days, the provider may be subject to revocation of registration or to recoupment of child care assistance provided, or both.  110.11(7)  Letter of revocation. A letter received by an owner or operator of a child development home initiating action to deny or revoke the home’s registration shall be conspicuously posted 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 or revoke an owner’s or operator’s certificate of registration.
Related ARC(s): 2647C, 4114C441—110.12(237A)  Complaints.  The department shall conduct an on-site visit when a complaint is received.  110.12(1)  After each complaint visit, the department shall document whether the child development home was in compliance with registration requirements.  110.12(2)  The written documentation of the department’s conclusion as to whether the child development home was in compliance with requirements shall be available to the public. However, the identity of all complainants shall be confidential, unless expressly waived by the complainant.Related ARC(s): 2647C441—110.13(237A)  Additional requirements for child development home category A.  In addition to the requirements in rule 441—110.8(237A), a provider requesting registration in child development home category A shall meet the following standards:  110.13(1)    Limits on number of children in care.    a.  No more than six children not attending kindergarten or a higher grade level shall be present at any one time.  b.  Of these six children, no more than four children who are 24 months of age or younger shall be present at any one time. Of these four children, no more than three may be 18 months of age or younger.  c.  In addition to the six children not in school, no more than two children who attend school may be present for a period of less than two hours at a time.  d.  No more than eight children shall be present at any one time when an emergency school closing is in effect.  110.13(2)    Provider qualifications.    a.  The provider shall be at least 18 years old.  b.  The provider shall have three written references which attest to character and ability to provide child care.Related ARC(s): 2647C441—110.14(237A)  Additional requirements for child development home category B.  In addition to the requirements in rule 441—110.8(237A), a provider requesting registration in child development home category B shall meet the following standards:  110.14(1)    Limits on number of children in care.    a.  No more than six children not attending kindergarten or a higher grade level shall be present at any one time.  b.  Of these six children, no more than four children who are 24 months of age or younger shall be present at any one time. Of these four children, no more than three may be 18 months of age or younger.  c.  In addition to the six children not in school, no more than four children who attend school may be present.  d.  In addition to these ten children, no more than two children who are receiving care on a part-time basis may be present.  e.  No more than 12 children shall be present at any one time when an emergency school closing 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 department-approved assistant who is at least 14 years old.  110.14(2)    Provider qualifications.    a.  The provider shall be at least 20 years old.  b.  The provider shall have a high school diploma, GED, or documentation of current or previous enrollment in credit-based coursework from a postsecondary educational institution that is an accredited college or university.  c.  The provider shall either:  (1)  Have two years of experience as a registered or nonregistered child care provider, or  (2)  Have a child development associate credential or any two-year or four-year degree in a child care-related field and one year of experience as a registered or nonregistered child care home provider.  110.14(3)    Facility requirements.    a.  The home shall have a minimum of 35 square feet of child-use floor space for each child in care indoors, and a minimum of 50 square feet per child in care outdoors.  b.  The home shall have a separate quiet area for sick children.  c.  The home shall have a minimum of two direct exits to the outside from the main floor.  (1)  If the second level or the basement of the home is used for the provision of child care, other than the use of a restroom, each additional child-occupied floor shall have at least one direct exit to the outside in addition to one inside stairway.  (2)  All exits shall terminate at grade level with permanent steps.  (3)  A basement window may be used as an exit if the window can be opened from the inside without the use of tools and it provides a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor, with permanent steps inside leading up to the window.  (4)  Occupancy above the second floor shall not be permitted for child care.Related ARC(s): 2647C441—110.15(237A)  Additional requirements for child development home category C.  In addition to the requirements in rule 441—110.8(237A), a provider requesting registration in child development home category C shall meet the following standards:  110.15(1)    Limits on number of children in care.    a.  No more than 12 children not attending kindergarten or a higher grade level shall be present at any one time.  b.  Of these 12 children, no more than four children who are 24 months of age or younger shall be present at any one time. Whenever four children who are under the age of 18 months are in care, both providers shall be present.  c.  In addition to the 12 children not in school, no 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 these 14 children, no more than two children who are receiving care on a part-time basis may be present.  e.  No more than 16 children shall be present at any one time when an emergency school closing is in effect. If more than eight children are present at any one time due to an emergency school closing exception, the provider shall be assisted by a department-approved assistant who is at least 18 years of age.  f.  If more than eight children are present, both providers shall be present. Each provider shall meet the provider qualifications for child development home category C.  110.15(2)    Provider qualifications.    a.  One provider who meets the following qualifications must always be present:  (1)  The provider shall be at least 21 years old.  (2)  The provider shall have a high school diploma, GED, or documentation of current or previous enrollment in credit-based coursework from a postsecondary educational institution that is an accredited college or university.  (3)  The provider shall either:
  1. Have five years of experience as a registered or nonregistered child care provider, or
  2. Have a child development associate credential or any two-year or four-year degree in a child care-related field and four years of experience as a registered or nonregistered child care home provider.
  b.  The coprovider shall meet the requirements of subrule 110.14(2).  c.  No more than two named providers shall be allowed on a registration certificate.
  110.15(3)    Facility requirements.    a.  The home shall have a minimum of 35 square feet of child-use floor space for each child in care indoors, and a minimum of 50 square feet per child in care outdoors.  b.  The home shall have a separate quiet area for sick children.  c.  The home shall have a minimum of two direct exits to the outside from the main floor.  (1)  If the second level or the basement of the home is used for the provision of child care, other than the use of a restroom, each additional child-occupied floor shall have at least one direct exit to the outside in addition to one inside stairway.  (2)  All exits shall terminate at grade level with permanent steps.  (3)  A basement window may be used as an exit if the window can be opened from the inside without the use of tools and it provides a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor, with permanent steps inside leading up to the window.  (4)  Occupancy above the second floor shall not be permitted for child care.
Related ARC(s): 2647C441—110.16(237A)  Registration actions for nonpayment of child support.  The department shall revoke or deny the issuance or renewal of a child development home registration upon the receipt of a certificate of noncompliance from the child support recovery unit of the department according to the procedures in Iowa Code chapter 252J. In addition to the procedures set forth in Iowa Code chapter 252J, the rules in this chapter shall apply.  110.16(1)    Service of notice.  The notice required by Iowa Code section 252J.8 shall be served upon the applicant or registrant by restricted certified mail, return receipt requested, or personal service in accordance with Iowa Rule of Civil Procedure 1.305. Alternatively, the applicant or registrant may accept service personally or through authorized counsel.  110.16(2)    Effective date.  The effective date of the revocation or denial of the registration as specified in the notice required by Iowa Code section 252J.8 shall be 60 days following service of the notice upon the applicant or licensee.  110.16(3)    Preparation of notice.  The department director or designee of the director is authorized to prepare and serve the notice as required by Iowa Code section 252J.8 upon the applicant or registrant.  110.16(4)    Responsibilities of registrants and applicants.  Registrants and registrant applicants shall keep the department informed of all court actions, and all child support recovery unit actions taken under or in connection with Iowa Code chapter 252J, and shall provide the department copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 252J.9, all court orders entered in the actions, and withdrawals of certificates of noncompliance by the child support recovery unit.  110.16(5)    District court.  A registrant or applicant may file an application with the district court within 30 days of service of a department notice pursuant to Iowa Code sections 252J.8 and 252J.9.  a.  The filing of the application shall stay the department action until the department receives a court order lifting the stay, dismissing the action, or otherwise directing the department to proceed.  b.  For purposes of determining the effective date of the revocation, or denial of the issuance or renewal of a registration, the department shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.  110.16(6)    Procedure for notification.  The department shall notify the applicant or registrant in writing through regular first-class mail, or such other means as the department deems appropriate in the circumstances, within ten days of the effective date of the revocation of a registration or the denial of the issuance or renewal of a registration, and shall similarly notify the applicant or registrant when the registration is issued, renewed, or reinstated following the department’s receipt of a withdrawal of the certificate of noncompliance.  110.16(7)    Appeal rights.  Notwithstanding Iowa Code section 17A.18, the registrant does not have the right to a hearing regarding this issue but may request a court hearing pursuant to Iowa Code section 252J.9.Related ARC(s): 2647C441—110.17(237A)  Prohibition from involvement with child care.  If the department has prohibited a person or program from involvement with child care, that person or program shall not provide child care as a nonregistered child care home provider.Related ARC(s): 2647CThese rules are intended to implement Iowa Code section 234.6 and chapter 237A.
Related ARC(s): 8098B, 0418C, 0666C, 0715C, 0996C, 1209C, 1636C, 1637C, 1809C, 1851C, 1852C, 1893C, 1933C, 1935C, 2647C, 3095C, 3096C, 3556C, 4114C, 4753C