| (a) When evaluating an application for a residential
child-care license, Licensing must consider the previous five-year
compliance history of a residential child-care operation that:
(1) Is applying for a new license in a different location;
(2) Is re-applying for a new license after voluntarily
closing; or
(3) Had a change in ownership; and
(A) Any controlling person from the previous operation
serves or intends to serve as a controlling person in the new operation;
or
(B) A new owner, including a sole proprietor, either
partner of a partnership, or any member of the governing body of a
corporation, is related to a controlling person of the previous operation
by a third degree of consanguinity or second degree of affinity as
defined in §745.21 of this chapter (relating to What do the following
words and terms mean when used in this chapter?).
(b) The five-year compliance history consideration
required by this section must include and document information concerning
a related residential child-care operation, including:
(1) The number of abuse, neglect, or exploitation intakes
in the previous five years;
(2) The number of confirmed abuse, neglect, or exploitation
findings in the previous five years;
(3) The number of citations issued for corporal punishment
in the previous five years; and
(4) A narrative description of how this data and information
was or will be considered.
(c) The five-year compliance history consideration
required by this section is a component of the application evaluation
and must be completed prior to the on-site inspection related to the
application for a new license.
(d) The five-year compliance history collected under
subsection (b) of this section may be considered in future extended
compliance history reviews of a license granted pursuant to an application
subject to subsection (a) of this section.
|
