237A.2 - LICENSING OF CHILD CARE CENTERS.
237A.2 LICENSING OF CHILD CARE CENTERS.
1. A person shall not establish or operate a child care center
without obtaining a license under the provisions of this chapter. A
center may operate for a specified period of time, to be established
by rule of the department, if application for a license has been
made. If the department denies an application for an initial
license, notwithstanding section 17A.18, the applicant center shall
not continue to provide child care pending the outcome of an
evidentiary hearing. The department shall issue a license if it
determines that all of the following conditions have been met:
a. An application for a license or a renewal has been filed
with the administrator on forms provided by the department.
b. The center is maintained to comply with state health and
fire laws.
c. The center is maintained to comply with rules adopted
under section 237A.12.
2. a. A person denied a license under this section shall
receive written notice of the denial stating the reasons for denial
and shall be provided with an opportunity for an evidentiary hearing.
b. A license issued under this chapter shall be valid for
twenty-four months from the date of issuance. A license shall remain
valid unless it is revoked or suspended in accordance with the
provisions of section 237A.8 or is reduced to a provisional license
under subsection 3. The department may inspect a licensed center at
any time. A record of the license shall be kept by the department.
c. The license shall be posted in a conspicuous place in the
center and shall state the particular premises in which child care
may be offered and the number of individuals who may be received for
care at any one time. A greater number of children than is
authorized by the license shall not be kept in the center at any one
time.
3. The administrator may reduce a previously issued license to a
provisional license or issue a provisional license for a period of
time not to exceed one year if the center does not meet standards
required under this section. A provisional license shall not be
renewable in regard to the same standards for more than two
consecutive years. A provisional license shall be posted in a
conspicuous place in the center as provided in this section. If
written plans to bring the center up to standards, giving specific
dates for completion of work, are submitted to and approved by the
department, the provisional license shall be renewable as provided in
this subsection.
4. A program which is not a child care center by reason of the
exceptions to the definition of child care in section 237A.1,
subsection 3, but which provides care, supervision, and guidance to a
child may be issued a license if the program complies with all the
provisions of this chapter.
5. If the department has denied or revoked a license because the
applicant or person has continually or repeatedly failed to operate a
licensed center in compliance with this chapter and rules adopted
pursuant to this chapter, the person shall not own or operate a child
care center for a period of twelve months from the date the license
is denied or revoked. The department shall not act on an application
for a license submitted by the applicant or 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. Section History: Early Form
[C75, § 237A.2, 237A.3; C77, 79, 81, § 237A.2] Section History: Recent Form
90 Acts, ch 1005, § 4; 91 Acts, ch 232, § 12; 92 Acts, ch 1163, §
54; 99 Acts, ch 192, §2; 2002 Acts, ch 1142, §9, 10, 31; 2003 Acts,
ch 44, §54; 2003 Acts, ch 81, §2