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20-78-606. Criminal history records checks required — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-78-606. Criminal history records checks required — Definitions.
(a) As used in this section:
(1) “Registry records check” means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as that term is defined in § 20-38-101; and
(2) “Service provider” means any of the following:
(A) A childcare facility as defined by § 20-78-202; and
(B) A church-exempt childcare facility as recognized under § 20-78-209.
(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq. concerning criminal history records checks.
(c)(1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(2)(A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 — 20-78-605 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 — 20-78-605 [repealed].
(B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.
(d)(1) The person who signs an application for licensure or certification as a service provider on or after September 1, 20
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-78-606
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-78-606
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f3bf0fa94fe7d599747d6bb67e44fb6d06d5144ee5c2f0394d2de00c92485d1c
Source location: content.xml paragraph 39903
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20-78-606. Criminal history records checks required — Definitions.
(a) As used in this section:
(1) “Registry records check” means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as that term is defined in § 20-38-101; and
(2) “Service provider” means any of the following:
(A) A childcare facility as defined by § 20-78-202; and
(B) A church-exempt childcare facility as recognized under § 20-78-209.
(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq. concerning criminal history records checks.
(c)(1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(2)(A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 — 20-78-605 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 — 20-78-605 [repealed].
(B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.
(d)(1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(2)(A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 — 20-78-605 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 — 20-78-605 [repealed].
(B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq.
(e) The Division of Child Care and Early Childhood Education of the Department of Human Services shall establish by rule requirements for registry records checks for:
(1) An applicant for licensure or exemption from licensure as a service provider;
(2) An applicant for employment with a service provider; and
(3) An employee of a service provider.
(f) The division shall establish by rule requirements for criminal history and registry records checks of persons who volunteer for a service provider.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-38-101. Definitions.
As used in this chapter:
(1) “Care” means treatment, services, assistance, education, training, instruction, or supervision for which the service provider is compensated either directly or indirectly;
(2) “Determination” means the determination made by the licensing or certifying agency that a service provider, operator, applicant for employment with, or employee of a service provider is or is not disqualified from licensure, exemption from licensure, certification, any other operating authority, or employment based on the criminal history of the service provider, operator, applicant, or employee;
(3)(A) “Employee” means any person who:
(i) Has unsupervised access to clients of a service provider, except as provided in subdivision (3)(B) of this section; and
(ii) Meets any of the following criteria:
(a) Provides care to clients of a service provider on behalf of, under the supervision of, or by arrangement with the service provider;
(b) Is employed by a service provider to provide care to clients of the service provider;
(c) Is a temporary employee placed by an employment agency with a service provider to provide care to clients of the service provider; or
(d) Resides in an alternative living home in which services are provided to individuals with developmental disabilities.
(B) “Employee” does not include a person who:
(i) Is a family member of a client receiving care from a service provider;
(ii) Is a volunteer; or
(iii) Works in an administrative capacity and does not have unsupervised access to clients of a service provider;
(4) “Licensing or certifying agency” means the state agency charged with licensing, exempting from licensure, certifying, or granting other operating authority to a service provider;
(5) “Na
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-38-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-38-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-78-202. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1)(A) “Child Care Appeal Review Panel” or “panel” means an eleven-member body under the Department of Human Services which shall serve as a review and appeal body regarding licensure or registration actions.
(B)(i) The panel shall consist of eleven (11) members, including the following:
(a) Three (3) early childhood professionals;
(b) One (1) pediatric health professional;
(c) One (1) parent of a child in a licensed early childhood program;
(d) The Director of the Division of Child Care and Early Childhood Education or his or her designee who shall serve as Chair of the Child Care Appeal Review Panel and shall not vote; and
(e) Five (5) licensed childcare providers representing a diversity of childcare settings.
(ii) Legal counsel from the Office of the Attorney General shall serve as a facilitator of the panel and shall not serve as a voting member.
(iii) Alternates shall be chosen to serve during times of absence or in cases of conflict of interest. Five (5) alternates shall be chosen as follows:
(a) One (1) early childhood professional;
(b) One (1) pediatric health professional;
(c) One (1) parent of a child in a licensed early childhood program; and
(d) Two (2) licensed childcare providers.
(iv) Members of the panel shall not be members of the Arkansas Early Childhood Commission.
(C)(i) The commission, from applications submitted, shall make panel selections from persons meeting the qualifications for service and exhibiting a willingness and time commitment to serve on the panel.
(ii) Panel members may be replaced under the same guidelines as commission members.
(D)(i) Members of the panel shall serve for three-year terms, not to exceed six
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-78-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-78-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-78-209. License — Religious exception — Definitions.
(a) Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929, § 26-51-101 et seq., when operating a childcare facility shall be exempt from obtaining a license to operate the childcare facility upon the receipt by the Division of Child Care and Early Childhood Education of written request therefor. A written request shall be made by those churches desiring exemption to the division, which is mandated under the authority of this subchapter to license all childcare facilities.
(b)(1) In order to maintain an exempt status, the childcare facility shall maintain in its files verification that its childcare facility has met the required fire, safety, and health inspections on an annual basis and is in substantial compliance with published standards that similar nonexempt childcare facilities are required to meet.
(2) Visits to review and advise exempt childcare facilities shall be made as deemed necessary by the division to verify and maintain substantial compliance with all published standards for nonexempt childcare facilities.
(3) Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child is not endangered.
(4) Standards for corporal punishment shall be as established by present rules unless alternative compliance is granted by the division.
(c)(1) Any questions of substantial compliance with the published standards, adverse actions, founded licensing complaints, and denied requests for alternative compliance shall be appealed first through the division's internal appeal process and then may be appealed to the Child Care Appeal Review Panel for determination.
(2) Fina
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-78-209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-78-209. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-78-601, 20-78-602. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-78-601
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 20-78-601. This identifies an authority to review, not proof of applicability.