| (a) When issuing an initial license to a residential
child-care operation that is on or otherwise meets the criteria for
heightened monitoring and is applying for a new license in a different
location, Licensing must include a condition on the license that the
operation is on heightened monitoring.
(b) When issuing an initial license to a residential
child-care operation that was on heightened monitoring at the time
of voluntary closure or otherwise met the criteria for heightened
monitoring in the five years before voluntarily closing and reapplying
for a new license at the same or a different location, Licensing must
include a condition on the license that the operation is on heightened
monitoring.
(c) When issuing an initial license to a residential
child-care operation that had a change in ownership while on heightened
monitoring or otherwise met the criteria for heightened monitoring
in the five years before the change in ownership, Licensing must include
a condition on the license that the operation is on heightened monitoring
if:
(1) Any controlling person from the previous operation
serves or intends to serve as a controlling person in the new operation;
or
(2) 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?).
(d) If an operation successfully completed heightened
monitoring in the five years prior to the relocation, voluntary closure,
or change of ownership, Licensing will not include a condition on
the license that the operation is on heightened monitoring, unless
the operation again met the criteria for heightened monitoring after
successfully completing it.
(e) When issuing an initial license to a residential
child-care operation, if Licensing determines that the applicant has
employed or intends to employ a substantial number of employees from
a previous operation, Licensing as a condition of the license may
include employee screening requirements or training requirements that
must be met before employees may have contact with children.
(f) The timeframes for an initial license in §745.347
of this chapter (relating to How long is an initial license valid?)
may be extended for an initial license issued with conditions as described
by this section.
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