Monitoring Visits, Monitoring Statement, Program Improvement Plan, 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 in-home child care providers in order to maintain enrollment.

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

(d) At the close of any monitoring visit, when an investigation is concluded, or as soon as possible thereafter, the department shall review with the provider a summary of any violations of He-C 6917 found during the visit.

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

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

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

(2) The steps the provider will take to ensure compliance with He-C 6917 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 provider has implemented to protect the health and safety of children when the violation cannot be corrected immediately; and

(5) The dated signature of the provider.

(g) The provider shall develop 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 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 plans.

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

(i) Notwithstanding (f), (g), and (h) 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 provider, without first offering the provider an opportunity to complete a program improvement plan.

(k) Notwithstanding (a) through (g) above, when a provider has repeatedly violated standards set forth in He-C 6917 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 provider submit a program improvement plan.

(l) The provider shall comply with all department-approved program improvement plans.

(m) The provider shall:

(1) Maintain on file on the premises and make available to all a copy of the monitoring statement and program improvement plan; and

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

(n) Except for relative providers and children being cared for in their own home by a relative as defined in He-C 6917.03(r), the department shall post the monitoring statement and program improvement plan within 5 days of the date of issue on the department website.

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

(p) The department shall revoke or deny a new applicant or renewal as an enrolled child care provider in accordance with He-C 6912, He- C 6914, He- C 6918, and He-C 6920.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23