Monitoring Visits, Monitoring Statements, Program Improvement Plans, and Enforcement

(a) The department shall conduct an announced monitoring visit prior to enrollment.

(b) The department shall conduct an annual announced monitoring visit for all enrolled facility-based child care providers as a condition of maintaining enrollment.

(c) The department shall issue a monitoring statement to the program for each monitoring visit.

(d) At the close of any monitoring visit or when an investigation is concluded, or as soon as possible thereafter, the department shall review with the program a summary of any violations of He-C 6916 found during the visit.

(e) The department shall issue the monitoring statement via email, if a valid email address has been provided by the program, or by United States mail if an email address has not been provided.

(f) Programs shall:

(1) Display the monitoring statement and program improvement plan approved by the department for the most recent visit to the program in a prominent location which is accessible to all, and notify all of the location of the monitoring statement and program improvement plan;

(2) Make available upon request to all a copy of the monitoring statement and program improvement plan approved by the department for the most recent visit to the program; and

(3) Not alter the monitoring statement or program improvement plan issued by the department.

(g) Programs shall complete a program improvement plan for each violation included on the monitoring statement, which shall include the following:

(1) The action the program has taken or will take to correct each violation;

(2) The steps the program will take to ensure compliance with He-C 6916 and the applicable statutes in the future;

(3) The date by which each violation was corrected or will be corrected;

(4) The interim measures the program has implemented to protect the health and safety of children when the violation cannot be corrected immediately; and

(5) The dated signature of the enrolled child care provider or their authorized representative.

(h) Programs shall complete program improvement plans and return them to the department in accordance with the following:

(1) The program improvement plan shall be submitted to the department within 21 calendar days of the date that the monitoring statement is sent out by the department; and

(2) The names of individuals, including children, shall not be included in the program improvement plan.

(i) When a submitted program improvement plan in accordance with (g) and (h) above is not acceptable to the department in correcting a violation, the department shall issue a directed program improvement plan to the program.

(j) Notwithstanding (g), (h), and (i) above, when the department determines that there is an imminent threat to the health or safety of children, it shall issue a program improvement plan to the program, without first offering the program an opportunity to complete a program improvement plan.

(k) When a program receives a directed program improvement plan issued by the department in accordance with (i) or (j) above, it shall:

(1) Add any additional details regarding the improvement plan the program feels are necessary; and

(2) Complete and return the program improvement plan in accordance with (g)(5) and (h) above.

(l) Notwithstanding (a) through (g) above, when a program has repeatedly violated standards set forth in He-C 6916 or has violated a rule or statute which resulted in physical or mental injury to a child, or caused a child to be in danger of physical or mental injury, the department shall initiate enforcement action pursuant to He-C 6914.08 without first requesting that the program submit a program improvement plan.

(m) Programs shall comply with all approved program improvement plans.

(n) The department shall conduct follow-up announced monitoring visits as needed to monitor the implementation of the program improvement plan.

(o) The department shall post the monitoring statement and program improvement plan within 5 days of the date of issue on the department website.

(p) Programs shall maintain all records, whether in electronic or paper format, required by He-C 6916:

(1) On file on the premises of the program; and

(2) Accessible and available for review by the department, upon request, for one year, unless otherwise specified.

(q) Child care program staff shall not:

(1) Make false or misleading statements to the department, whether verbal or written; or

(2) Falsify any documents, other written information, or reports issued by or required by the department under He-C 6912, He-C 6914, He-C 6916, and He- C 6920.