Each Center shall have a clearly identified governing body
which shall be empowered and responsible for determining all policies and
procedures and ensuring compliance with these rules and regulations. The
chairperson or chief executive officer of the governing body shall complete a
statement of responsibility on behalf of the governing body acknowledging the
same in connection with any application for License or Permit on a form
provided by the Department. If the Center is individually owned, then the
owner(s) will complete the statement of responsibility.
(a) Application for License. Prior to filing
for licensure, an applicant shall attend an orientation of no more than 16
hours that has been approved by the Department. This orientation shall, at a
minimum, provide instruction on the application process and give an overview of
the Department's regulations that relate to the operation of early child care
learning centers.
1. Orientation. An existing
License Holder applying for another Child Care Learning Center License is not
required to attend another orientation within two years following the
successful completion of a prior orientation.
2. An applicant applying for multiple Child
Care Learning Center Licenses at one time is only required to attend one
orientation.
(b)
Director's Training. Prior to the issuance of an initial License, the Director
of a Center responsible for its day-to-day operations shall have completed a
40-hour director's training course that has been approved by the Department. At
a minimum, the subject matter taught at a Director's training course shall
cover the areas of administrator competencies that serve as a framework for
professional development, which include, but are not limited to, early learning
standards, business management, communication, developmentally appropriate
practices, professional and leadership development, and advocacy for the
Center, Parents, children and Staff.
(c) No person shall operate a Center without
a License or Permit. A separate License or Permit is required for each address
or location at which a Center is proposed to be operated even when all of the
proposed Centers are owned by the same person or entity. A separate License or
Permit is also required for each Center operated at a single location by the
same governing body.
1. Temporary License. The
Department may at its discretion issue a temporary License if the health and
safety of the children to be served by the Center will not be endangered. A
temporary License will be valid for a specified period not to exceed one (1)
year and may be issued when the Center is not in full compliance with these
rules but has demonstrated satisfactory evidence that it is making progress
toward meeting these rules and has submitted an acceptable Plan of
Correction.
2. Restricted License.
The Department may at its discretion issue a restricted License in lieu of a
temporary or regular License. The restricted License may be granted either in
connection with the initial application process for a License or Permit or as a
result of a subsequent determination made by the Department concerning
compliance with these rules. The restriction shall appear on the face of the
License and shall restrict a Center from providing care or services which are
beyond the capability of the License Holder to provide. The restriction may
also limit the number and/or age of the children served by the
Center.
3. Regular License. A
License will be issued upon presentation of evidence satisfactory to the
Department that the Center is in compliance with applicable statutes and these
rules. The License is valid for one year unless voluntarily surrendered by the
holder, reduced to a restricted or temporary License or suspended or revoked by
the Department.
4. Qualification
Requirement. In order to obtain or retain a License or Permit, the Director of
the Center and its Employees must be qualified as defined in these rules to
administer or work in a Center. The Department may presume that the Director
and Employees are qualified subject to a satisfactory Comprehensive Records
Check Determination. However, the Department may require additional reasonable
verification of the qualifications of the Director and Employees either at the
time of application for a License or Permit or at any time during the License
or Permit period whenever the Department has reason to believe that a Director
or Center Employee is not qualified under these rules to administer or work in
a Child Care Learning Center. Reasonable verification which may be required by
the Department may include, but need not be limited to, any or all of the
following: statement(s) from an attending physician or other health care
professionals attesting to the mental and/or physical health of the applicant
and/or staff member; letters of reference from designated persons in the
community where the applicant and/or staff member intends to work or is
working; certified copies of court orders and additional criminal records
checks.
(d) License or
Permit is Non-transferable. A License or Permit to operate a Child Care
Learning Center is not transferable in any way. Each License and Permit shall
be returned to the Department immediately upon the expiration, suspension,
revocation, restriction of the License or Permit or closure or termination of
the operation.
(e) License Fees.
Every License or Commission issued by the Department to operate a Child Care
Learning Center shall be subject to an annual fee. Such annual fee shall be
determined by the following:
1. Capacity of
one to 25 children.......$50.00
2.
Capacity of 26 to 50 children....$100.00
3. Capacity of 51 to 100
children.....$150.00
4. Capacity of
101 to 200 children...$200.00
5.
Capacity of more than 200 children...$250.00
If such annual fee is not paid by the date set forth by the
Department, the Department may issue a late fee of up to $250.00 within 30 days
of the due date. If such annual fee and any imposed late fees are not paid
within 30 days of the due date, the Department shall revoke the License or
Commission.
(f)
Amended License. If there is a change in the name of the program or Center,
changes in the ages of the children to be served, an increase in the regular
hours of operation such that the Center would be providing evening or
night-time care in addition to day-time care, changes in the services provided,
additions to or changes in the use of the building by the licensed Center, an
application for an amended License shall be submitted at least thirty (30) days
prior to the change, except in the case of an emergency. If an emergency
situation arises which makes it impossible to give thirty (30) days' notice,
the management of the Center shall notify the Department by telephone and shall
submit an application for an amended License as soon as management becomes
aware of the change that will be necessitated by the emergency situation. In no
case, however, shall a new owner operate the Center without first securing a
new License or Permit from the Department.
(g) False or Misleading Information. The
application for a License or Permit, including the Records Check Application,
must be truthfully and fully completed. In the event that the Department has
reason to believe that the application has not been completed truthfully, it
may require additional verification of the facts alleged. The Department may
refuse to issue or revoke a License or Permit where false statements have been
made in connection with the application or any other documents submitted to the
Department.
(h) E-mail Contact
Information. Each Center issued or applying for a License or Permit in the
state of Georgia shall provide the Department e-mail contact information
("Contact Information") so that this agency may contact the Center and send
information to the Center via e-mail. It shall be the Center's responsibility
to maintain correct contact information, to update the Department if contact
information changes, and to respond timely to information requests from the
Department transmitted to the provided e-mail address. Delivery of any such
information, including but not limited to directives, bulletins, data requests,
notices of proposed amendments to rules and regulations, and any other matters
affecting Centers, to said e-mail address shall be considered valid so long as
the Department does not receive a failure to deliver message.
(i) Permit. The Department may issue a Permit
for a program to operate without a License for a limited term in situations,
such as but not limited to, a change of ownership.
1. An application for a Permit to operate a
Child Care Learning Center shall be submitted to the Department on the forms
provided by the Department.
2. A
Permit Applicant or Permit Holder must provide evidence of a satisfactory
Comprehensive Records Check Determination for the Director and every Employee
and a satisfactory Fingerprint Records Check Determination for every
Provisional Employee of the program.
3. A Permit Applicant or Permit Holder may
continue to employ an individual from the prior ownership, if applicable.
During the Permitting process, such individual may be present at the Center
while any child is present for care based on the prior satisfactory
Comprehensive Records Check Determination so long as that determination is
valid and current, no more than 5 years old and the individual has not had a
lapse of employment from the child care industry that lasted for 180 days (6
months) or longer.
4. The Permit
Applicant or Permit Holder shall not allow any individual to reside at the
Center or be present at the Center while any child is present for care if the
Center knows or reasonably should know that the individual has a Criminal
Record, an unsatisfactory Fingerprint Records Check Determination or an
unsatisfactory Comprehensive Records Check Determination.
5. Each Director and Employee must receive a
satisfactory Comprehensive Records Check Determination and each Provisional
Employee must receive a satisfactory Fingerprint Records Check Determination
issued by the Department before that individual can be present at the Center
while any Child is present for care or reside in the Center and prior to
issuance of a License.
6. Issuance
of a Permit. A Permit will be issued, upon presentation of evidence
satisfactory to the Department that a Center is in compliance with applicable
statutes and these rules. The Permit shall be valid for 21 calendar days unless
voluntarily surrendered by the Holder or suspended or revoked by the
Department.
7. Renewal of a Permit.
A Permit may be renewed only if every resident and member of the Center's Staff
has both submitted a Records Check Application to the Department and submitted
to a fingerprint scan within 21 calendar days of the issuance of the initial
Permit.
Notes
Ga. Comp. R. & Regs. R. 591-1-1-.16
O.C.G.A.
§
20-1A-1et seq.,
42 U.S.C. §
9857
et
seq.
Original Rule entitled "Governing Body" adopted. F.
Dec. 23, 1997; eff.
Mar. 1, 1998, as
specified by the Agency.
Amended: ER.
591-1-1-0.2-.16 adopted. F.
Jan. 31, 2005; eff.
Feb. 1, 2005, as
specified by the Agency.
Amended: Permanent Rule adopted. F.
May 23, 2005; eff.
June 12,
2005.
Amended: F. Apr. 17,
2009; eff. May 7,
2009.
Amended: F. Dec. 4,
2015; eff. Dec. 24,
2015.
Amended: F. May 26,
2017; eff. June 15,
2017.
Amended: F. Aug. 17,
2018; eff. Sept. 6,
2018.
Amended: F. Aug. 28,
2019; eff. Sept. 17,
2019.
Amended: F. Aug. 31,
2020; eff. Sept. 20,
2020.
Amended: F. Aug. 29,
2023; eff. Sep. 18,
2023.