(A) A statement of registration must be issued when the family childcare operator satisfactorily completes the procedures prescribed by this chapter. The current statement must be displayed in a prominent place in the facility at all times and the registration number must be stated in all advertisements of the family childcare home.
(B) Registration expires at the end of one year from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.
(C)(1) A person applying for renewal of registration as an operator of a family childcare home registered under this article and a person employed or providing caregiver services at a family childcare home registered under this article, who has not done so previously, on the first renewal after June 30, 1996, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history, a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history, a Central Registry check to be conducted by the department to determine any abuse or neglect perpetrated by the person upon a child, and a search of the National Crime Information Center National Sex Offender Registry and the state sex offender registry pursuant to Section 23-3-430. The person shall be subject to a state criminal register or repository check, a state sex offender check, and a state child abuse and neglect registry and database check in each state where the person has lived in the previous five years.
(2) Application forms for registration renewal issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in Section 63-13-40(A)(1) who applies for registration as an operator or a person who applies for registration as an operator who has a person fifteen years of age or older living in the home who has been convicted of a crime enumerated in Section 63-13-40(A)(1) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(D) Application forms for registration renewal issued under this chapter by the department for a family childcare home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in Section 63-13-40(A)(1) who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(E)(1) The department may deny an application for a statement of registration, deny an application for a renewal of registration, work with a family childcare home operator to resolve a concern, or withdraw a statement of registration if one or more of the following apply:
(a) the health or safety of any child in the facility is at risk;
(b) the family childcare home operator, in the operation of a family childcare home facility, previously enrolled or currently has enrolled children beyond the limits defined in this chapter;
(c) the operator fails to comply with the registration procedures provided in this chapter; or
(d) the operator fails to comply with the training requirements provided in Section 63-13-825(A).
(2) If a family childcare home has had its application for a statement or renewal of registration denied by the department or its statement of registration withdrawn by the department pursuant to this subsection, the family childcare home may elect to meet the requirements for licensure by demonstrating compliance with Article 3 of this chapter and the suggested standards developed by the department pursuant to Section 63-13-180.
(3) The department shall consider previous applications, the circumstances of prior inspections, or withdrawals of registration, by the department or the applicant, as factors to be considered in the application process; however, a prior concern does not prohibit the department from granting the family childcare home a statement or renewal of registration if the department is satisfied the concern has been resolved.
(4) If the operator fails to comply with the training requirements provided in Section 63-13-825(A) prior to the expiration of the registration or fails to timely renew the registration, the department shall place the operator on a corrective action plan.
HISTORY: 2008 Act No. 361, Section 2; 2016 Act No. 263 (H.4262), Section 3, eff June 9, 2016; 2019 Act No. 52 (S.595), Section 9, eff May 16, 2019.
Effect of Amendment
2016 Act No. 263, Section 3, rewrote (E), providing additional authority of the department of social services and rights of family childcare homes.
2019 Act No. 52, Section 9, in (C), inserted the (1) identifier, rewrote the first sentence and added the second sentence, inserted the (2) identifier and substituted "Section 63-13-40(A)(1)" for "Section 63-13-820(D)" in two places; and in (D), substituted "Section 63-13-40(A)(1)" for "this section".