LD 1887
pg. 5
Page 4 of 8 An Act To Update Licensing and Certification Requirements for Child Care Facili... Page 6 of 8
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LR 3007
Item 1

 
4. Complaints. Upon receipt of a complaint about a licensed
child care facility or a certified home day family child care
provider and if the department has reasonable cause to suspect
that a violation of the licensure or certification requirements
has occurred, the department may investigate the complaint and
enter the premises at any reasonable time for the purposes of the
investigation.

 
5. Administrative suspension. Whenever conditions exist that
immediately jeopardize the health and safety of children, the
commissioner may issue an order of closure, which suspends the
certification of the home day family child care provider or the
child care facility license for up to 10 days, pending further
investigation or prior to obtaining an order of emergency
suspension from the court. The department shall require that an
order of closure be posted at the facility and made public as it
determines to be most appropriate for parents and other potential
customers.

 
6. Temporary license. Whenever a certified home day family
child care provider or licensed child care facility moves to a
new location the department may issue a temporary certificate or
license, valid pending final action on the application for the
new location by the department, when:

 
A. All applicable standards have been met except a
requirement that is dependent on the action of an agency of
State Government or a contractor of that agency; and

 
B. Through no action by the applicant that causes a
significant delay, timely issuance of a provisional or full
license has been delayed by the agency or contractor.

 
7. Injunctive relief. The department may seek an injunction
to require compliance with the provisions of this section or
rules adopted pursuant to this section.

 
8. Rulemaking. The department shall adopt rules to implement
this section. Rules adopted pursuant to this section are routine
technical rules as defined by Title 5, chapter 375, subchapter
II-A 2-A.

 
9. Exemption from certain requirements for accredited
Montessori schools. Notwithstanding any provision of this
chapter or rules adopted pursuant to this chapter, a child care
facility that is accredited as a Montessori school by a national
or international accreditation organization may apply to the
commissioner for an exemption from those requirements of this
chapter or rules adopted pursuant to this chapter that conflict
with the recognized tenets of the Montessori philosophy.


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