State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-6 > Chapter-237a > 237a-3a

        237A.3A  CHILD DEVELOPMENT HOMES.
         1.  Registration.
         a.  A person shall not establish or operate a child
      development home unless the person obtains a certificate of
      registration.  The department shall issue a certificate of
      registration upon receipt of a statement from the person or upon
      completion of an inspection conducted by the department or a designee
      of the department verifying that the person complies with applicable
      rules adopted by the department pursuant to this section and section
      237A.12.
         b.  The certificate of registration shall be posted in a
      conspicuous place in the child development home and shall state the
      name of the registrant, the registration category of the child
      development home, the maximum number of children who may be present
      for child care at any one time, and the address of the child
      development home.  In addition, the certificate shall include a
      checklist of registration compliances.
         c.  The registration process for a child development home
      shall be repeated every twenty-four months as provided by rule.
         d.  A person who holds a child foster care license under
      chapter 237 shall register as a child development home provider in
      order to provide child care.
         2.  Revocation or denial of registration.  If the department
      has denied or revoked a certificate of registration because a person
      has continually or repeatedly failed to operate a registered or
      licensed child care facility in compliance with this chapter and
      rules adopted pursuant to this chapter, the person shall not operate
      or establish a registered child development home for a period of
      twelve months from the date the registration or license was denied or
      revoked.  The department shall not act on an application for
      registration submitted by the person during the twelve-month period.
      The applicant or person shall be prohibited from involvement with
      child care unless the involvement is specifically permitted by the
      department.
         3.  Rules.
         a.  Three categories of standards shall be applicable to child
      development homes.  The initial designations of the categories, which
      may be revised by the department, shall be "A", "B", and "C", as
      ranked from less stringent standards and capacity to more stringent
      standards and capacity.  The "C" registration category standards
      shall require the highest level of provider qualifications and allow
      the greatest capacity of the three categories.  The department of
      human services, in consultation with the Iowa department of public
      health, shall adopt rules applying standards to each category
      specifying provider qualifications and training, health and safety
      requirements, capacity, amount of space available per child, and
      other minimum requirements.  The capacity requirements shall take
      into consideration the provider's own children, children who have a
      mild illness, children receiving part-time child care, and children
      served as a sibling group in overnight care.
         b.  The rules shall allow a child development home to be
      registered in a particular category for which the provider is
      qualified even though the amount of space required to be available
      for the maximum number of children authorized for that category
      exceeds the actual amount of space available in that home.  However,
      the total number of children authorized for the child development
      home at that category of registration shall be limited by the amount
      of space available per child.
         c.  In consultation with the state fire marshal, the
      department shall adopt rules relating to the provision of fire
      extinguishers, smoke detectors, and two exits accessible to children
      in a child development home.
         d.  The rules shall require a child development home to 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.  For purposes of this paragraph, a "single-family
      residence" includes an apartment, condominium, townhouse, or other
      individual unit within a multiple unit residential dwelling, but does
      not include a commercial or industrial building that is primarily
      used for purposes other than a residence.
         4.  Number of children.
         a.  In determining the number of children present for child
      care at any one time in a child development home, each child present
      in the child development home shall be considered as being provided
      child care unless the child is described by one of the following
      exceptions:
         (1)  The child's parent, guardian, or custodian operates or
      established the child development home and the child is attending
      school or the child is provided child care full-time on a regular
      basis by another person.
         (2)  The child has been present in the child development home for
      more than seventy-two consecutive hours and the child is attending
      school or the child is provided child care full-time on a regular
      basis by another person.
         b.  For purposes of determining the number of children present
      for child care in a child development home, a child receiving foster
      care from a child development home provider shall be considered to be
      the child of the provider.  
         Section History: Recent Form
         97 Acts, ch 151, §3; 98 Acts, ch 1127, §1, 2, 6; 99 Acts, ch 192,
      §4--11, 37; 2001 Acts, ch 135, §4; 2002 Acts, ch 1142, §12, 31; 2003
      Acts, ch 81, §4; 2008 Acts, ch 1084, §12; 2008 Acts, ch 1187, §120
         Referred to in § 237A.1, 237A.3, 237A.19, 237A.20 
         Footnotes
         Legislative intent to enact required licensure of child
      development homes commencing on July 1, 2013, with certain
      exceptions; transition activities to begin on July 1, 2009, for
      implementation of intended licensure requirement; department is to
      develop and submit a plan by December 15, 2010, for creating
      sustainable funding sources to support home-based child care
      providers in meeting intended licensing requirement; 2009 Acts, ch
      179, §210

State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-6 > Chapter-237a > 237a-3a

        237A.3A  CHILD DEVELOPMENT HOMES.
         1.  Registration.
         a.  A person shall not establish or operate a child
      development home unless the person obtains a certificate of
      registration.  The department shall issue a certificate of
      registration upon receipt of a statement from the person or upon
      completion of an inspection conducted by the department or a designee
      of the department verifying that the person complies with applicable
      rules adopted by the department pursuant to this section and section
      237A.12.
         b.  The certificate of registration shall be posted in a
      conspicuous place in the child development home and shall state the
      name of the registrant, the registration category of the child
      development home, the maximum number of children who may be present
      for child care at any one time, and the address of the child
      development home.  In addition, the certificate shall include a
      checklist of registration compliances.
         c.  The registration process for a child development home
      shall be repeated every twenty-four months as provided by rule.
         d.  A person who holds a child foster care license under
      chapter 237 shall register as a child development home provider in
      order to provide child care.
         2.  Revocation or denial of registration.  If the department
      has denied or revoked a certificate of registration because a person
      has continually or repeatedly failed to operate a registered or
      licensed child care facility in compliance with this chapter and
      rules adopted pursuant to this chapter, the person shall not operate
      or establish a registered child development home for a period of
      twelve months from the date the registration or license was denied or
      revoked.  The department shall not act on an application for
      registration submitted by the person during the twelve-month period.
      The applicant or person shall be prohibited from involvement with
      child care unless the involvement is specifically permitted by the
      department.
         3.  Rules.
         a.  Three categories of standards shall be applicable to child
      development homes.  The initial designations of the categories, which
      may be revised by the department, shall be "A", "B", and "C", as
      ranked from less stringent standards and capacity to more stringent
      standards and capacity.  The "C" registration category standards
      shall require the highest level of provider qualifications and allow
      the greatest capacity of the three categories.  The department of
      human services, in consultation with the Iowa department of public
      health, shall adopt rules applying standards to each category
      specifying provider qualifications and training, health and safety
      requirements, capacity, amount of space available per child, and
      other minimum requirements.  The capacity requirements shall take
      into consideration the provider's own children, children who have a
      mild illness, children receiving part-time child care, and children
      served as a sibling group in overnight care.
         b.  The rules shall allow a child development home to be
      registered in a particular category for which the provider is
      qualified even though the amount of space required to be available
      for the maximum number of children authorized for that category
      exceeds the actual amount of space available in that home.  However,
      the total number of children authorized for the child development
      home at that category of registration shall be limited by the amount
      of space available per child.
         c.  In consultation with the state fire marshal, the
      department shall adopt rules relating to the provision of fire
      extinguishers, smoke detectors, and two exits accessible to children
      in a child development home.
         d.  The rules shall require a child development home to 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.  For purposes of this paragraph, a "single-family
      residence" includes an apartment, condominium, townhouse, or other
      individual unit within a multiple unit residential dwelling, but does
      not include a commercial or industrial building that is primarily
      used for purposes other than a residence.
         4.  Number of children.
         a.  In determining the number of children present for child
      care at any one time in a child development home, each child present
      in the child development home shall be considered as being provided
      child care unless the child is described by one of the following
      exceptions:
         (1)  The child's parent, guardian, or custodian operates or
      established the child development home and the child is attending
      school or the child is provided child care full-time on a regular
      basis by another person.
         (2)  The child has been present in the child development home for
      more than seventy-two consecutive hours and the child is attending
      school or the child is provided child care full-time on a regular
      basis by another person.
         b.  For purposes of determining the number of children present
      for child care in a child development home, a child receiving foster
      care from a child development home provider shall be considered to be
      the child of the provider.  
         Section History: Recent Form
         97 Acts, ch 151, §3; 98 Acts, ch 1127, §1, 2, 6; 99 Acts, ch 192,
      §4--11, 37; 2001 Acts, ch 135, §4; 2002 Acts, ch 1142, §12, 31; 2003
      Acts, ch 81, §4; 2008 Acts, ch 1084, §12; 2008 Acts, ch 1187, §120
         Referred to in § 237A.1, 237A.3, 237A.19, 237A.20 
         Footnotes
         Legislative intent to enact required licensure of child
      development homes commencing on July 1, 2013, with certain
      exceptions; transition activities to begin on July 1, 2009, for
      implementation of intended licensure requirement; department is to
      develop and submit a plan by December 15, 2010, for creating
      sustainable funding sources to support home-based child care
      providers in meeting intended licensing requirement; 2009 Acts, ch
      179, §210

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-6 > Chapter-237a > 237a-3a

        237A.3A  CHILD DEVELOPMENT HOMES.
         1.  Registration.
         a.  A person shall not establish or operate a child
      development home unless the person obtains a certificate of
      registration.  The department shall issue a certificate of
      registration upon receipt of a statement from the person or upon
      completion of an inspection conducted by the department or a designee
      of the department verifying that the person complies with applicable
      rules adopted by the department pursuant to this section and section
      237A.12.
         b.  The certificate of registration shall be posted in a
      conspicuous place in the child development home and shall state the
      name of the registrant, the registration category of the child
      development home, the maximum number of children who may be present
      for child care at any one time, and the address of the child
      development home.  In addition, the certificate shall include a
      checklist of registration compliances.
         c.  The registration process for a child development home
      shall be repeated every twenty-four months as provided by rule.
         d.  A person who holds a child foster care license under
      chapter 237 shall register as a child development home provider in
      order to provide child care.
         2.  Revocation or denial of registration.  If the department
      has denied or revoked a certificate of registration because a person
      has continually or repeatedly failed to operate a registered or
      licensed child care facility in compliance with this chapter and
      rules adopted pursuant to this chapter, the person shall not operate
      or establish a registered child development home for a period of
      twelve months from the date the registration or license was denied or
      revoked.  The department shall not act on an application for
      registration submitted by the person during the twelve-month period.
      The applicant or person shall be prohibited from involvement with
      child care unless the involvement is specifically permitted by the
      department.
         3.  Rules.
         a.  Three categories of standards shall be applicable to child
      development homes.  The initial designations of the categories, which
      may be revised by the department, shall be "A", "B", and "C", as
      ranked from less stringent standards and capacity to more stringent
      standards and capacity.  The "C" registration category standards
      shall require the highest level of provider qualifications and allow
      the greatest capacity of the three categories.  The department of
      human services, in consultation with the Iowa department of public
      health, shall adopt rules applying standards to each category
      specifying provider qualifications and training, health and safety
      requirements, capacity, amount of space available per child, and
      other minimum requirements.  The capacity requirements shall take
      into consideration the provider's own children, children who have a
      mild illness, children receiving part-time child care, and children
      served as a sibling group in overnight care.
         b.  The rules shall allow a child development home to be
      registered in a particular category for which the provider is
      qualified even though the amount of space required to be available
      for the maximum number of children authorized for that category
      exceeds the actual amount of space available in that home.  However,
      the total number of children authorized for the child development
      home at that category of registration shall be limited by the amount
      of space available per child.
         c.  In consultation with the state fire marshal, the
      department shall adopt rules relating to the provision of fire
      extinguishers, smoke detectors, and two exits accessible to children
      in a child development home.
         d.  The rules shall require a child development home to 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.  For purposes of this paragraph, a "single-family
      residence" includes an apartment, condominium, townhouse, or other
      individual unit within a multiple unit residential dwelling, but does
      not include a commercial or industrial building that is primarily
      used for purposes other than a residence.
         4.  Number of children.
         a.  In determining the number of children present for child
      care at any one time in a child development home, each child present
      in the child development home shall be considered as being provided
      child care unless the child is described by one of the following
      exceptions:
         (1)  The child's parent, guardian, or custodian operates or
      established the child development home and the child is attending
      school or the child is provided child care full-time on a regular
      basis by another person.
         (2)  The child has been present in the child development home for
      more than seventy-two consecutive hours and the child is attending
      school or the child is provided child care full-time on a regular
      basis by another person.
         b.  For purposes of determining the number of children present
      for child care in a child development home, a child receiving foster
      care from a child development home provider shall be considered to be
      the child of the provider.  
         Section History: Recent Form
         97 Acts, ch 151, §3; 98 Acts, ch 1127, §1, 2, 6; 99 Acts, ch 192,
      §4--11, 37; 2001 Acts, ch 135, §4; 2002 Acts, ch 1142, §12, 31; 2003
      Acts, ch 81, §4; 2008 Acts, ch 1084, §12; 2008 Acts, ch 1187, §120
         Referred to in § 237A.1, 237A.3, 237A.19, 237A.20 
         Footnotes
         Legislative intent to enact required licensure of child
      development homes commencing on July 1, 2013, with certain
      exceptions; transition activities to begin on July 1, 2009, for
      implementation of intended licensure requirement; department is to
      develop and submit a plan by December 15, 2010, for creating
      sustainable funding sources to support home-based child care
      providers in meeting intended licensing requirement; 2009 Acts, ch
      179, §210