Licensing Procedures
1. Application for a License
a. Day care or nighttime care shall not be provided or advertised prior to issuance of a license or a six-month permit.
b. Any person, group of persons, or corporation may obtain an application for a license
to operate a child care facility by contacting the Department of Human Resources.
c. An application for a license to operate a child care home shall be made on the required form and shall include all requested information.
d. Applications for a license shall not be transferred from one person to another or from one location to another.
2. Prohibited Advertisement
a. No person, unless licensed or holding a six-month permit, may cause to be published any advertisement which solicits a child or children for care. To solicit a child or children for care means, among other similar actions or terms, to invite, appeal, plead, lure, beg, request, offer, suggest, promote, or implore. Both free and paid advertisement is prohibited.
b. Prohibited advertisement includes, but is not limited to, printed and published material; descriptive literature and aids; speeches, talks, and presentations; flyers; booklets and pamphlets; signs and posters; illustrations and depictions; newspaper, radio, television, magazine, Internet, and/or other media advertising; letters and direct mail advertising; and any materials used by agents. Prohibited advertisement also includes printed and illustrated material or descriptions on cups, mugs, pens, pencils, or other objects.
c. The following activity does not constitute prohibited advertisement:
(1) Advertisement using a name and address seeking employment applications for staff positions; provided that a license application has been filed with
the Department and the advertisement includes the clearly visible phrase, “license application pending.”
(2) “Under Construction,” “Renovation,” or “Remodeling” signs (with or without name and address) on the premises; provided that a license application has been filed with the Department and the sign includes the clearly visible phrase, “license application pending.”
(3) A market survey to determine the need for child care in a locality. Using
the name and address of the business or individual is permitted so long as it does not solicit a child or children for care or promote the business.
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