Ga. Comp. R. & Regs. R. 290-2-3-.04 - Requirements for Applications and Licenses

Current through Rules and Regulations filed through April 4, 2022

(1) General
(a) No person shall operate a Family Child Care Learning Home in the State of Georgia unless a License has been obtained from the Department.
(b) A License is nontransferable. A License to operate a Home is not transferable in any way. A change of residence or address or Provider requires a new License. Each License shall become invalid immediately upon the final closure of the Home, or the final suspension, revocation, or restriction of the License in accordance with Georgia law.
(c) Any person that provides care for at least three but not more than six Children for pay under 13 years of age who are not Related to such persons and whose Parent(s) are not residents in the same private residence as the Provider shall make application to the Department for a License to operate a Family Child Care Learning Home.
(d) Any person that provides care for more than six children for pay, related or unrelated, as defined in these rules, shall make application to the Department for a License to operate a Child Care Learning Center, except as provided in 290-2-3-.07(15).
(e) No home shall claim to be a licensed Family Child Care Learning Home unless it has been issued a current and valid License by the Department.
(f) License Fees. Every License or Commission issued by the Department to operate a Family Child Care Learning Home shall be subject to an annual fee of $50.00. If such annual fee is not paid by the date set forth by the Department, the Department may issue a late fee of up to $250.00 within 30 days of the due date. If such annual fee and any imposed late fees are not paid within 30 days of the due date, the Department shall revoke the License or Commission.
(2) License Applications and Requirements
(a) An application for a License to operate a Family Child Care Learning Home shall be submitted to the Department on the forms provided by the Department.
(b) Pre-Service Training. Prior to the submission of the License application, the applicant who will be responsible for the day-to-day operations shall complete the pre-service training listed below that has been approved by the Department and which will include:
1. Licensure orientation that provides, at a minimum, instruction on the application process and gives an overview of the Department's rules and regulations that relate to the operation of the Family Child Care Learning Home;
2. Pre-licensure training course on Provider competencies that serve as a framework for professional development, which includes, but is not limited to, early learning standards, communication, developmentally appropriate practices, professional and leadership development, business management, and advocacy for the Family Child Care Learning Home, Parents, Children, and Staff;
3. Cardiopulmonary resuscitation (CPR) and first aid training programs offered by certified or licensed health care professionals or trainers and approved by the Department, which include emergency care for infants and children.
(c) Pre-Licensing Visit. Following receipt and review of the complete license application package, the Department shall conduct an on-site inspection of the potential Family Child Care Learning Home to assess compliance with these rules. The Department may deny the application for License if conditions are found during the on-site inspection that pose health and/or safety risks to children.
(d) Criminal Records. Before a License to operate a Home may be issued there shall be on file a valid, current satisfactory Comprehensive Records Check Determination issued by the Department for the Provider and every potential Employee of the Home, including persons age 17 or older who reside at the Home or who, with or without compensation and regardless of age, perform duties at the Home which include personal contact between that person and Children in care.
(e) Qualifications. Before a License to operate a Home may be issued the Provider of the Home and all Employees must be qualified, as defined in these rules, to administer or work in a Home. The Department may require additional reasonable verification of the qualifications of the Provider and Employees at the time of application for a License or at any other time the Department has reason to believe or is shown by credible evidence that a Provider or Employee is not qualified under these rules to administer or work in a Home. Reasonable verification which may be required by the Department may include, but need not be limited to, any or all of the following: statement(s) from an attending physician or other health care professionals attesting to the mental and/or physical health of the Provider or Employee; letters of reference from designated persons in the community where the Provider and/or Employee intends to work or is working; certified copies of court orders and additional records check submissions.
(f) A License will be issued, upon presentation of evidence satisfactory to the Department that the Home is in compliance with applicable statutes and these rules. The License is valid for one year unless voluntarily surrendered, reduced to a restricted License or suspended or revoked by the Department.
(g) Denial of License. The Department may deny a License to an applicant for knowingly making any false statement in connection with the application for a License, for failing to comply with these rules and regulations, for flagrant and continued operation of an unlicensed Home in contravention of the law, for prior denial or revocation of any License within one year of the date of the application, or for failure to provide the Department access to the Home or to information pertinent to the initial License of the Home.


Ga. Comp. R. & Regs. R. 290-2-3-.04
O.C.G.A. § 20-1A-1et seq., 42 U.S.C. § 9857 et seq.
Original Rule entitled "Records" adopted. F. Feb. 21, 1983; eff. Mar. 23, 1983, as specified by the Agency. Repealed: New Rule entitled "Registration Requirements and Applications" adopted. F. Feb. 4, 1994; eff. Mar. 1, 1994, as specified by the Agency. Repealed: New Rule of same title adopted. F. Jan. 12, 2009; eff. Feb. 1, 2009. Amended: F. Aug. 16, 2013; eff. Sept. 5, 2013. Amended: F. Dec. 13, 2013; eff. Jan. 2, 2014. Amended: New title "Requirements for Applications and Licenses." F. Dec. 4, 2015; eff. Dec. 24, 2015. Amended: F. Sep. 26, 2016; eff. Oct. 16, 2016. Amended: F. May 26, 2017; eff. June 15, 2017. Amended: F. Aug. 17, 2018; eff. Sept. 6, 2018. Amended: F. Aug. 28, 2019; eff. Sept. 17, 2019. Amended: F. Aug. 31, 2020; eff. Sept. 20, 2020.

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