Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 1   State of Arkansas
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             SENATE BILL 682
 4
 5   By: Senator B. Davis
 6   By: Representative Bentley
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 8                                     For An Act To Be Entitled
 9                   AN ACT CONCERNING LICENSING REQUIREMENTS FOR
10                   CHILDCARE FACILITIES; TO AMEND THE LAW CONCERNING
11                   INSPECTIONS AND INVESTIGATIONS OF CHILDCARE
12                   FACILITIES; AND FOR OTHER PURPOSES.
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15                                                 Subtitle
16                           CONCERNING LICENSING REQUIREMENTS FOR
17                           CHILDCARE FACILITIES; AND TO AMEND THE
18                           LAW CONCERNING INSPECTIONS AND
19                           INVESTIGATIONS OF CHILDCARE FACILITIES.
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22   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24          SECTION 1.       Arkansas Code  20-78-214, concerning inspections and
25   investigations of childcare facilities and personnel, is amended to add an
26   additional subsection to read as follows:
27          (c)(1)       Before the division concludes an investigation of a childcare
28   facility under this section, the licensee of the childcare facility shall be
29   given an opportunity to:
30                           (A)(i)     Request that the division interview one (1) or more
31   individuals with information relevant to the investigation.
32                                    (ii)   The division shall interview an individual
33   identified by the licensee under subdivision (c)(1)(A)(i) of this section;
34                           (B)   Provide the division with evidence relevant to the
35   investigation; and
36                           (C)   Respond in writing to the allegations against the
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                                                                                  SB682
 1   childcare facility.
 2               (2)    The division shall consider information obtained under the
 3   provisions of subdivisions (c)(1)(A)-(C) of this section in making a
 4   determination as to whether the childcare facility is being operated in
 5   accordance with this section and the published rules of the division for
 6   childcare facilities.
 7               (3)    The division shall not publish a determination that the
 8   childcare facility is not being operated in accordance with this section and
 9   the published rules of the division for childcare facilities on the website
10   of the Department of Human Services until after the division provides written
11   notice to the childcare facility of the rights described under subdivisions
12   (c)(1)(A)-(C) of this section and the childcare facility:
13                       (A)   Does not respond to the notice within thirty (30) days
14   of the date on which the childcare facility receives the notice;
15                       (B)   Does not provide the information described under
16   subdivisions (c)(1)(A)-(C) of this section to the division:
17                             (i)    Within thirty (30) days of the date on which the
18   childcare facility receives the notice; or
19                             (ii)   At a later time as permitted by the division;
20   or
21                       (C)   Waives the right to provide the information described
22   in subdivisions (c)(1)(A)-(C) of this section.
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24         SECTION 2.    Arkansas Code Title 20, Chapter 78, Subchapter 2, is
25   amended to add additional sections to read as follows:
26         20-78-229.    Playground diagrams  Changes to play areas.
27         (a)   A childcare facility shall not be required to submit a satellite
28   photo of a playground located on the property of the childcare facility to
29   the Division of Child Care and Early Childhood Education if the childcare
30   facility provides the division with a diagram of the playground that:
31               (1)    Clearly identifies the perimeter of the playground;
32               (2)    Includes measurements of the perimeter of the playground;
33   and
34               (3)    Identifies each piece of playground equipment used by
35   children enrolled at the childcare facility.
36         (b)   A childcare facility shall not be required to obtain the approval
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                                                                                SB682
 1   of the division before changing the play area boundaries and playground
 2   equipment used by children enrolled at the childcare facility.
 3
 4        20-78-230.   Infant and toddler handwashing.
 5        (a)   A child who attends a childcare facility shall not be required to
 6   wash his or her hands while at the childcare facility if the child is unable
 7   to stand on his or her own and reach a sink while using a step stool.
 8        (b)   A child who is unable to wash his or her hands as described under
 9   subsection (a) of this section may use sanitary hand wipes or hand sanitizer
10   in lieu of washing his or her hands.
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Statutes affected: 
SB 682: 20-78-214