ARC 0540D

ARC 0540D

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rulemaking related to child development homes
and providing an opportunity for public comment

    The Department of Health and Human Services hereby proposes to rescind Chapter 110, “Child Development Homes,” and to adopt a new Chapter 110, “Child Care Homes with a Child Care Assistance Provider Agreement,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 234.6 and chapter 237A.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code section 234.6 and chapter 237A.

Purpose and Summary

    This proposed chapter was reviewed pursuant to Executive Order 10. During that review, it was determined that because there are many similarities between registered child development homes and child care homes with a child care provider agreement, the rules in 441—Chapter 120 could be integrated into Chapter 110, with specific rules for each category of child care home. By combining these rules into one chapter, the Department removed duplicative content and organized the new chapter in a way that the public can still find the information based on the type of child care home in question. This proposed chapter establishes registration procedures for child development homes. Included are application and renewal procedures, standards for providers, and procedures for compliance checks and complaint investigations. The proposed chapter also establishes procedures for child care homes that have a child care assistance provider agreement to receive child care assistance funds.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on July 22, 2026. A public hearing was held on the following date(s):

     ?   August 11, 2026

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 2504.

Public Comment

     Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on September 23, 2026. Comments should be directed to:

Public Hearing

     Public hearings at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 441—Chapter 110 and adopt the following new chapter in lieu thereof:

CHAPTER 110

CHILD DEVELOPMENT HOMES AND CHILD CARE HOMES WITH A CHILD CARE ASSISTANCE PROVIDER AGREEMENT

441—110.1(237A) Definitions.

    “Adult” means a person 18 years of age or older.

    “Assistant” means a responsible person 14 years of age or older employed by the child care provider. The assistant may never be left alone with children. Ultimate responsibility for supervision is with the child care provider.

    “Category,” when referring to category A, B, or C, means one of the three categories of standards for child development homes established by Iowa Code section 237A.3A(3)“a.”

    “Child” means the same as defined in Iowa Code section 237A.1.

    “Child care” means the same as defined in Iowa Code section 237A.1.

    “Child care assistance provider agreement” means the approved form to receive payment under the child care assistance program.

    “Child care facility” or “facility” means the same as defined in Iowa Code section 237A.1.

    “Child care home” means the same as defined in Iowa Code section 237A.1.

    “Child development home” means the same as defined in Iowa Code section 237A.1.

    “Child support services” means the same as defined in Iowa Code section 252J.1(2).

    “Coaching” means a relationship-based process led by an expert to build capacity for specific professional dispositions, skills, and behaviors and is focused on performance-based outcomes.

    “Education” means formal coursework offered through a state-approved accredited secondary school, college, or university.

    “Infant” means the same as defined in Iowa Code section 237A.1.

    “Involvement with child care” means the same as defined in Iowa Code section 237A.1.

    “Nonregistered child care home” means a child care home that has an approved payment application and a current child care assistance provider agreement with the department. Nonregistered child care homes are required to meet minimum health and safety standards under the child care and development block grant under 45 CFR 98.41 as amended to August 1, 2026.

    “Parent” means parent or legal guardian.

    “Person subject to an evaluation” means the same as defined in Iowa Code section 237A.5.

    “Professional development” means a continuum of learning activities designed to prepare and support individuals for work with children and families, including coaching, education, and training.

    “Provider” means the person or program that applies for registration to provide child care and is approved as a child development home or a nonregistered child care home.

    “Registration” means the process by which child care providers certify that they comply with rules adopted by the department.

    “Registration certificate” means the written document issued by the department to publicly state that the provider has certified in writing compliance with the minimum requirements for registration of a child development home.

    “Relative” means grandparents, great-grandparents, aunts, uncles, and siblings living in a separate residence.

    “School” means the same as defined in Iowa Code section 237A.1.

    “Training” means a learning experience that addresses a specific topic of professional relevance that builds or enhances knowledge.

    “Transgression” means the same as defined in Iowa Code section 237A.1.

441—110.2(237A) Application for registration as a child development home or payment as a nonregistered child care home.

    110.2(1) A child development home provider shall apply for registration on the Application for Child Development Home Registration form.

    110.2(2) A nonregistered provider shall apply for payment as a nonregistered child care home on the Payment Application for Nonregistered Provider form.

441—110.3(237A) Renewal of registration or payment application. Renewal of registration or payment application shall be completed every 24 months. To request renewal, a provider shall submit a renewal application on the department-approved form and supply to the department all training completion evidence either through certificates or as updated in Iowa’s early childhood and school age professional workforce registry (i-PoWeR).

441—110.4(237A) Compliance checks. Prior to child development home registration, a site visit to inspect for compliance with health, safety, and fire standards will be completed. An unannounced compliance visit will be conducted not less than annually to each child development home and nonregistered child care home.

441—110.5(237A) Parental access. Parents shall be afforded unlimited access to their children and to the people caring for their children during the normal hours of operation or whenever their children are in the care of the child development home or nonregistered child care home unless parental contact is prohibited by court order.

441—110.6(237A) Number of children.

    110.6(1) Standards. The number of children in a child development home or nonregistered child care home shall conform to the following standards.

    a.  Registered child development home limits. Except as provided in subrule 110.6(3), no greater number of children shall be received for care at any one time than the number authorized on the registration certificate.

    b.  Nonregistered child care home limits. No more than six children shall receive care at any one time if at least one child is school-aged.

    110.6(2) Children counted. The number of children counted is as stated in Iowa Code section 237A.3A(4).

    110.6(3) Exception for emergency school closing. On days when schools start late, are dismissed early, or are canceled or closed due to emergencies such as inclement weather, physical plant failure, structural damage, or public health emergency, a child development home may have additional children present in accordance with the authorization for the registration category of the home and subject to all of the following conditions:

    a.  One or more of the following conditions are applicable to each of the additional children present in the child development home:

    (1)  The home provides care to the child on a regular basis for periods of less than two hours.

    (2)  If the child were not present in the child development home, the child would be unattended.

    (3)  The home regularly provides care to a sibling of the child.

    b.  The provider shall maintain a written record, including the date of the emergency school closing, the reason for the closing, and the number of children in care on that date.

441—110.7(237A) Provider requirements.

    110.7(1) Provider. The provider shall:

    a.  Give careful supervision at all times.

    b.  Exchange information with the parent of each child frequently to enhance the quality of care.

    c.  Give consistent, dependable care and be capable of handling emergencies.

    d.  Be present at all times, except when emergencies occur or an absence is planned, at which time care shall be provided by a department-approved substitute as permitted for a child development home under subrule 110.7(2).

    e.  Be free of the use of illegal drugs and not under the influence of alcohol or any prescription or nonprescription drug that could impair the provider’s ability to give careful supervision.

    110.7(2) Substitutes in child development homes. Any designated substitute shall have the same responsibility for providing adequate and appropriate supervision. Ultimate responsibility for supervision shall be with the provider.

    a.  All standards in this chapter regarding supervision and care of children shall apply to substitutes.

    b.  Except in emergency situations, the provider shall inform parents in advance of the planned use of a substitute.

    c.  The substitute must be 18 years of age or older.

    d.  Use of a substitute shall be limited to:

    (1)  No more than 25 hours per month.

    (2)  An additional period of up to two weeks in a 12-month period.

    e.  The provider shall maintain a written record of the number of hours care is provided by a substitute, including the date of the care and the name of the substitute.

441—110.8(237A) Standards. Conditions in the home shall be safe, sanitary, and free of hazards.

    110.8(1) Facility requirements.

    a.  The home shall have a telephone with emergency numbers for police, fire, ambulance, and the poison information center accessible.

    b.  The phone number for each child’s parent, and for a responsible person who can be reached when the parent is not available, shall be accessible.

    c.  All travel vehicles must have a copy of emergency parent contact information in the vehicle.

    d.  Electrical wiring shall be maintained, and all accessible electrical outlets shall be tamper-resistant outlets or shall be safely capped. Electrical cords shall be properly used and in the manner for which they were designed.

    e.  Combustible materials shall be kept a minimum of three feet away from furnaces, stoves, water heaters, and gas dryers.

    f.  Approved safety gates at stairways and doors shall be provided and used as needed.

    g.  Annual laboratory analysis of a private water supply shall be conducted to show satisfactory bacteriological quality. When children under the age of two are to be cared for, the analysis shall include a nitrate analysis. When private water supplies are determined unsuitable for drinking, commercially bottled water or water treated through a process approved by the department shall be provided.

    h.  A safety barrier shall surround any heating stove or heating element.

    i.  The home shall have at least one 2A 10BC-rated fire extinguisher located in a visible and readily accessible place on each child-occupied floor.

    j.  The home shall have at least one single-station, battery-operated, UL-approved smoke detector in each child-occupied room and at the top of every stairway. The provider shall test each smoke detector monthly and keep a record of testing for inspection purposes.

    k.  Smoking and the use of tobacco products shall be prohibited at all times in the home and in every vehicle in which children receiving care in the home are transported. Smoking and the use of tobacco products shall be prohibited in the outdoor play area during the home’s hours of operation. “No smoking” signs shall be posted at every entrance of the child care home and in every vehicle used to transport children. All signs shall include:

    (1)  The telephone number for reporting complaints, and

    (2)  The internet address of the department where complaints can be filed.

    l.  Homes served by a private sewage disposal system shall be operated and maintained to ensure the system is properly treating the wastewater and not creating an unsanitary condition in the environment. Discharge of untreated wastewater from private sewage disposal systems is prohibited.

    m.  A provider operating in a facility built before 1978 shall assess and control lead hazards. To comply with this provision, the provider shall:

    (1)  Determine whether painted surfaces on the interior or exterior of the facility are chipping, peeling, cracking, or in need of repair. Painted surfaces include walls, ceilings, windows, doors, stairs, and woodwork; and

    (2)  If painted surfaces are in need of repair, the home shall hire an Iowa certified lead-safe renovator to make repairs. Iowa lead-safe renovators shall apply interim controls on any chipping, peeling, or cracking paint found, using lead-safe work methods in accordance with and as defined by department as set forth in 481—Chapters 469 and 470.

    n.  The child development home or nonregistered child care home shall be located in a single-family residence that is owned, rented, or leased by the person or, for dual registrations, at least one of the persons named on the child development home’s certificate of registration.

    o.  Any driver who transports children for any purpose shall have a valid driver’s license and adequate motor vehicle insurance that authorizes the driver to operate the type of vehicle being driven. Child restraint devices shall be utilized in compliance with Iowa Code section 321.446.

    p.  Providers shall inform parents of the presence of any pet in the home.

    (1)  Each dog or cat in the household shall undergo an annual health examination by a licensed veterinarian. Veterinary examinations shall be documented on a veterinary health certificate or record of standard veterinary preventative care. This examination shall verify the animal’s routine immunizations are current and there is no evidence of endoparasites and ectoparasites.

    (2)  Aquariums shall be well maintained and installed in a manner that prevents children from accessing the water or pulling over a tank.

    (3)  All animal waste shall be immediately removed from the children’s areas and properly disposed of. Children cannot perform any feeding or care of pets or cleanup of pet waste.

    (4)  No animals shall be allowed in the food preparation, food storage, or serving areas during food preparation and serving times.

    q.  Using an injury report form, the provider shall document all injuries needing first aid or medical care. The form shall be completed on the date of occurrence, shared with the parent, and maintained in the child’s file.

    r.  The provider shall have written policies regarding the care of mildly ill children and the exclusion of children due to illness and shall inform parents of these policies.

    s.  The provider shall have written policy and procedures for responding to health-related emergencies.

    t.  The certificate of registration shall be displayed in a conspicuous place.

    u.  Serious injuries, as defined in Iowa Code section 702.18, that occur in a child care facility or when a child is in the care of child care facility staff shall be reported to the department within 24 hours of the incident. Serious injuries shall be documented and information maintained in the child’s file.

    110.8(2) Use of outdoor space.

    a.  A safe outdoor play area shall be maintained in good condition throughout the year. The play area shall:

    (1)  Be fenced off when located on a busy thoroughfare or near a hazard that could be injurious to a child.

    (2)  Have both sunshine and shade areas.

    (3)  Be kept free from litter, rubbish, and flammable materials.

    (4)  Be free from contamination by the drainage or ponding of sewage, household waste, or storm water.

    b.  When there is a swimming or wading pool on the premises:

    (1)  The wading pool shall be drained daily and shall be inaccessible to children when it is not in use.

    (2)  An aboveground or in-ground swimming pool that is not fenced shall be covered whenever the pool is not in use. The cover shall meet or exceed the standards set forth by ASTM International intended to reduce the risk of drowning by inhibiting access to the water by children under five years of age.

    (3)  An uncovered aboveground swimming pool shall be enclosed with an approved fence that is nonclimbable and is at least four feet high.

    (4)  An uncovered in-ground swimming pool shall be enclosed with an approved fence that is nonclimbable and is at least four feet high and flush with the ground.

    c.  If children are allowed to use an aboveground or in-ground swimming pool:

    (1)  Written permission from parents shall be available for review.

    (2)  Equipment needed to rescue a child or adult shall be readily accessible.

    (3)  The child care provider shall accompany the children and provide constant supervision while the children use the pool.

    (4)  The child care provider shall complete training in cardiopulmonary resuscitation (CPR) for infants, toddlers, and children, according to the criteria of the American Red Cross or the American Heart Association.

    110.8(3) Medications and hazardous materials.

    a.  All medicines and poisonous, toxic, or otherwise unsafe materials shall be secured from access by a child.

    b.  A first aid kit shall be available and easily accessible whenever children are in the child development home or nonregistered child care home, in the outdoor play area, in vehicles used to transport children, and on field trips. The kit shall be sufficient to address first aid related to minor injury or trauma and shall be stored in an area inaccessible to children. The kit shall at a minimum include adhesive bandages, bottled water, tweezers, and disposable plastic gloves.

    c.  Medications shall be given only with the parent’s or doctor’s written authorization. Each prescribed medication shall be accompanied by a physician’s or pharmacist’s direction. Both nonprescription and prescription medications shall be in the original container with directions intact and labeled with the child’s name. All medications shall be stored properly and, when refrigeration is required, stored in a separate, covered container to prevent contamination of food or other medications. All medications shall be stored so they are inaccessible to children. Any medication administered to a child shall be recorded, including the name of the medication, the date and time of administration, and the amount administered.

    d.  The provider shall establish procedures related to infectious disease control and handling of any bodily excrement or discharge or blood. Soiled diapers shall be stored in containers separate from other waste.

    110.8(4) Emergency plans. Emergency plans in case of human-made or natural disaster shall be written and posted by the primary and secondary exits. The plans shall clearly map building evacuation routes and tornado and flood shelter areas.

    a.  Fire and tornado drills shall be practiced monthly, and the provider shall keep documentation evidencing compliance with monthly practice on file for the current year and the previous year.

    b.  The provider must have procedures in place for the following:

    (1)  Evacuation to safely leave the facility.

    (2)  Relocation to a common, safe location after evacuation.

    (3)  Shelter-in-place to take immediate shelter where the child is when it is unsafe to leave that location due to the emergent issue.

    (4)  Lockdown to protect children and providers from an external situation.

    (5)  Communication and plans for reunification with families.

    (6)  Continuity of operations.

    (7)  To address the needs of individual children, including those with functional or physical access needs.

    110.8(5) Safe sleep.

    a.  The provider shall follow safe sleep practices as recommended by the American Academy of Pediatrics for infants under the age of one. Infant sleep shall conform to the following standards:

    (1)  Infants shall always be placed on their backs for sleep.

    (2)  Infants shall be placed on a firm mattress with a tight-fitted sheet that meets U.S. Consumer Product Safety Commission standards.

    (3)  Infants cannot be allowed to sleep on a bed, sofa, air mattress, or other soft surface.

    (4)  No toys, soft objects, stuffed animals, pillows, bumper pads, blankets, or loose bedding shall be allowed in the sleeping area with the infant.

    (5)  No co-sleeping shall be allowed.

    (6)  Sleeping infants shall be actively observed by sight and sound.

    (7)  If an alternate sleeping position is needed, a signed physician or physician associate authorization with statement of medical reason is required.

    b.  No child shall be allowed to sleep in any item not designed for sleeping, such as an infant seat, car seat, swing, or bouncy seat.

    c.  A crib or criblike furniture that has a waterproof mattress covering and sufficient bedding to enable a child to rest comfortably and that meets the current standards or recommendations from the U.S. Consumer Product Safety Commission or ASTM International for juvenile products shall be provided for each child under two years of age if developmentally appropriate. Crib railings shall be fully raised and secured when the child is in the crib. A crib or criblike furniture shall be provided for the number of children present at any one time. The home shall maintain all cribs or criblike furniture and bedding in a clean and sanitary manner. There shall be no restraining devices of any type used in cribs.

    d.  All items used for sleeping must be used in compliance with manufacturer standards for the age and weight of the child.

    110.8(6) Discipline. Discipline shall conform to the following standards:

    a.  Corporal punishment, including spanking, shaking, and slapping, shall not be used.

    b.  Punishment that is humiliating or frightening or that causes pain or discomfort to the child shall not be used.

    c.  Punishment cannot be administered because of a child’s illness, or progress or lack of progress in toilet training, nor shall punishment or threat of punishment be associated with food or rest.

    d.  No child shall be subjected to verbal abuse, threats, or derogatory remarks about the child or the child’s family.

    e.  Discipline shall emphasize prevention by having clear and consistent rules and by teaching children self-control, self-esteem, and respect for the rights of others.

    110.8(7) Meals and snacks.

    a.  Registered child development homes shall provide regular meals, midmorning snacks, and midafternoon snacks.

    (1)  The meals and snacks shall be well-balanced, nourishing, and in appropriate amounts as defined by the United States Department of Agriculture (USDA) Child and Adult Care Food Program.

    (2)  Nonregistered child care homes do not have to meet the USDA Child and Adult Care Food Program.

    b.  Children may bring food to the child development home or nonregistered child care home for their own consumption but cannot be required to provide their own food.

    c.  Clean, sanitary drinking water shall be readily available to children in indoor and outdoor areas throughout the day.

    110.8(8) Activity program. There shall be an activity program that promotes self-esteem and exploration and includes:

    a.  Active play.

    b.  Quiet play.

    c.  Activities for large-muscle development.

    d.  Activities for small-muscle development.

    e.  Play equipment and materials in a safe condition, for both indoor and outdoor activities that are developmentally appropriate for the ages and number of children present.

441—110.9(237A) Files.

    110.9(1) The child development home provider shall maintain a file that contains the following:

    a.  A physical examination report within six months of becoming registered. Acceptable physical examinations shall be documented on the Child Care Provider Physical Examination Report form. All children residing in the household must have the medical documentation outlined in paragraphs 110.9(4)“d,” “f,” and “g.”

    b.  i-PoWeR records or certificates verifying required training completion.

    110.9(2) An individual file for each staff assistant in a child development home shall be maintained and contain the following:

    a.  Documentation from the department that confirms the required record checks have been completed and authorizes or conditionally limits the person’s involvement with child care.

    b.  A completed Child Care Provider Physical Examination Report form.

    c.  Certification of a minimum of two hours of approved training relating to the identification and reporting of child abuse as required by Iowa Code section 232.69.

    110.9(3) An individual file for each substitute in a child development home shall be maintained and shall contain the following:

    a.  Documentation from the department that confirms the required record checks have been completed and authorizes or conditionally limits the person’s involvement with child care.

    b.  A completed Child Care Provider Physical Examination Report form.

    c.  Certification of a minimum of two hours of approved training relating to the identification and reporting of child abuse as required by Iowa Code section 232.69.

    d.  Certification in first aid and CPR.

    e.  Certification or other documentation that minimum health and safety training has been completed.

    110.9(4) Children’s files. An individual file for each child shall be maintained and updated annually or when the provider becomes aware of changes. If the child meets the definition of homelessness as defined by Section 725(2) of the McKinney-Vento Homeless Education Assistance Act as amended to August 1, 2026, the family shall receive a 60-day grace period to obtain medical documentation. The file shall contain:

    a.  Identifying information including at a minimum the child’s name, birth date, and address.

    b.  Parent/guardian contact information.

    c.  Emergency contacts and persons who can pick up the child as authorized by the parent.

    d.  Contact information and authorization of emergency medical and dental services.

    e.  An admission physical examination report signed by a licensed medical doctor, doctor of osteopathy, chiropractor, physician associate, or advanced registered nurse practitioner.

    (1)  The date of the physical examination cannot be more than 12 months before the child’s first day of attendance at the child development home or non-regulated child care home.

    (2)  The written report shall include the child’s past health history; status of the child’s present health, allergies, and restrictive conditions; and recommendations for continued care when necessary.

    (3)  For a child who is five years of age or older and enrolled in school, a statement of health status signed by the parent or legal guardian may be substituted for the physical examination report.

    (4)  The examination report or statement of health status shall be on file before the child’s first day of care.

    f.  For children under the age of six, a statement of health condition signed by a licensed medical doctor, doctor of osteopathy, chiropractor, physician associate, or advanced registered nurse practitioner and submitted annually from the date of the admission physical examination. For a child who is enrolled in school, a statement of health status signed by the parent or legal guardian may be substituted for the statement of health.

    g.  For each school-age child, on the first day of attendance, documentation of a physical examination that was completed at the time of school enrollment or since.

    h.  A signed and dated immunization certificate provided by the department. For the school-age child, a copy of the most recent immunization record shall be acceptable. Documentation of a valid certificate of immunization exemption (religious or medical) or provisional certificate of immunization may be submitted in lieu of a certificate of immunization.

    i.  For any child with allergies, a written emergency care plan in case of an allergic reaction. A copy of this information shall accompany the child if the child leaves the premises.

    j.  Documentation that is signed by the parent and names of persons authorized to pick up the child. The authorization shall include the name, telephone number, and relationship of the authorized person to the child.

    k.  Written permission from the parent for the child to attend activities away from the child development home or nonregistered child care home.

    l.  Injury report forms documenting injuries requiring first aid or medical care.

441—110.10(237A) Professional development.

    110.10(1) Required training.

    a.  Prior to registration or approval as a nonregistered child care home, the provider shall complete minimum health and safety trainings, approved by the department, in all of the following areas:

    (1)  Prevention and control of infectious disease, including immunizations.

    (2)  Prevention of sudden infant death syndrome and use of safe sleep practices.

    (3)  Administration of medication, consistent with standards for parental consent.

    (4)  Prevention of and response to emergencies due to food and allergic reactions.

    (5)  Building and physical-premises safety, including identification of and protection from hazards that can cause bodily injury, such as electrical hazards, bodies of water, and vehicular traffic.

    (6)  Prevention of shaken baby syndrome and abusive head trauma.

    (7)  Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event.

    (8)  Handling and storage of hazardous materials and the appropriate disposal of biocontaminants.

    (9)  Precautions in transporting children.

    (10)  Child development.

    b.  Prior to registration or approval as a nonregistered child care home, the provider shall complete two hours of Iowa’s training for mandatory reporting of child abuse as required by Iowa Code section 232.69. The provider shall maintain a valid certificate indicating expiration date.

    c.  Prior to registration or approval as a nonregistered child care home, the provider shall complete pediatric first aid and pediatric CPR training that meets the following requirements:

    (1)  Training shall be provided by a nationally-recognized training organization, such as the American Red Cross, American Heart Association, National Safety Council, American Safety and Health Institute, or MEDIC First Aid or by an equivalent trainer using curriculum approved by the department.

    (2)  The provider shall maintain a valid certificate indicating the date of first aid training and the expiration date.

    (3)  The provider shall maintain a valid certificate indicating the date of CPR training and the expiration date.

    d.  The provider must earn 12 contact hours of training each calendar year from approved subject areas from the Council for Professional Recognition or approved content areas from the National Afterschool Association.

    e.  During each calendar year, the nonregistered child care home provider shall receive a minimum of three hours of training from approved content areas. If course content overlaps between calendar years, hours may still count towards professional development requirements.

    f.  Minimum health and safety training may be required if content has significant changes that the department warrants that the training be renewed.

    g.  A child development home provider who has completed training through a child care resource and referral agency or community college within six months prior to initial registration shall be permitted to count the training toward the provider’s total training required during the initial registration.

    110.10(2) Approved trainings.

    a.  Professional development contact hours can be coaching, education, or training provided by a department-approved entity.

    b.  Coaching contact hours may only be used to meet up to half of an individual’s annual professional development requirement.

    c.  The department may randomly monitor any state-approved professional development for quality control purposes.

    d.  Professional development conducted with staff during the hours of operation of the facility, during staff lunch hours, or while children are resting cannot diminish supervision provided to children. The provider cannot be actively engaged in care and supervision while simultaneously participating in training.

    e.  A professional development organization not approved by the department may submit for review to the department a request for child care training approval. All approvals unless otherwise specified shall be valid for five years. The department will issue its decision within 30 business days of receipt of a complete request.

    f.  Department-approved entities must provide participants a professional development certificate for approved professional development contact hours.

441—110.11(237A) Child development home registration; child care assistance provider agreement and payment application for nonregistered providers.

    110.11(1) Child development home registration.

    a.  The department will issue a Certificate of Registration form when an applicant meets all requirements for registration.

    b.  Registration will be denied or revoked if the department finds a hazard to the safety and well-being of a child and the provider cannot correct or refuses to correct the hazard, even though the hazard may not have been specifically listed under the health and safety rules. Registration may also be denied or revoked if the department determines that the provider has failed to comply with standards imposed by law and these rules.

    110.11(2) Child care assistance provider agreement and payment application for nonregistered providers decision.

    a.  The department will approve a payment agreement application when an applicant meets the requirements.

    b.  The child care assistance provider agreement will be denied or revoked if the department finds a hazard to the safety and well-being of a child and the provider cannot correct or refuses to correct the hazard, even though the hazard may not have been specifically listed under the health and safety rules. The child care assistance provider agreement may also be denied or revoked if the department determines that the provider has failed to comply with standards imposed by law and these rules.

    110.11(3) Record checks.

    a.  State and national record checks. The department will conduct Iowa criminal history record and child abuse record checks for each registrant, substitute or staff member, anyone living in the home who is 14 years of age or older, and anyone having access to a child when the child is alone. The department will conduct national criminal history record checks, based on fingerprints, for each registrant, substitute or staff member, anyone living in the home who is 18 years of age or older, and anyone 18 years of age or older having access to a child when the child is alone. In accordance with Iowa Code section 726.23, minors under the age of 18 will not be subject to the fingerprint requirement.

    (1)  The purpose of these record checks is to determine whether a person has committed a transgression that prohibits or limits the person’s involvement with child care.

    (2)  The department may also conduct criminal history record and child abuse record checks in other states and may conduct dependent adult abuse, sex offender registry, and other public or civil offense record checks in Iowa or other states.

    b.  Authorization. The person subject to record checks shall complete the Record Check Authorization form, Waiver Agreement form, federal fingerprint card, and any other forms required by the department of public safety to authorize the release of records.

    c.  Iowa records checks. Checks and evaluations of Iowa child abuse and criminal history records will be completed before the person’s involvement with child care. Iowa records checks will be repeated at a minimum of every two years and when the department or the registrant becomes aware of any possible transgressions committed by that person. The department is responsible for the cost of conducting the Iowa records checks.

    d.  National criminal history record checks. Fingerprint-based checks of national criminal history records will also be completed before a person’s involvement with child care. This requirement will be for an initial application for registration or a renewal application for registration. The national criminal history record check will be repeated for each person subject to the check every four years and when the department or registrant becomes aware of any new transgressions committed by that person in another state. The department is responsible for the cost of conducting the national criminal history record check.

    (1)  The registrant/provider is responsible for any costs associated with the taking of fingerprints of all persons subject to record checks and for submitting the fingerprints to the department so that the national criminal history record check can be completed. Fingerprints may be taken (rolled) by law enforcement agencies or by agencies or companies that specialize in taking fingerprints and are approved by the department.

    (2)  The department will provide fingerprints to the department of public safety no later than ten business days after receipt of the fingerprint cards. The department will submit the fingerprints on forms or in a manner prescribed by the department of public safety.

    (3)  The department may rely on the results of previously conducted national criminal history record checks when a person subject to a record check in one child development home or child care home submits a request for involvement with child care in another child development home or child care home, so long as the person’s national criminal history record check is within the allowable four-year time frame. All initial or new applications shall require a new national criminal history record check.

    e.  Mandatory and mandatory time-limited prohibition. A person with any convictions or founded abuse reports as defined in Iowa Code section 237A.5(2)“i” is prohibited from involvement with child care.

    f.  Evaluation required. For all other transgressions, and as requested, the department will evaluate the transgression and make a decision about the person’s involvement with child care.

    (1)  The person with the transgression shall complete and return the Record Check Evaluation form within ten calendar days of the date on the form. The department will use the information the person with the transgression provides on this form to assist in the evaluation. Failure of the person with the transgression to complete and return this form within ten calendar days of the date on the form shall result in denial or revocation of the registration certificate.

    (2)  The department may use information from the department’s case records in performing the evaluation.

    (3)  When a person subject to a record check has a transgression that has been determined in a previous evaluation not to warrant prohibition of the person’s involvement with child care and the person has no subsequent transgressions, an exemption from reevaluation of the latest record check is authorized. The person may commence employment with another child care facility in accordance with the department’s previous evaluation. The exemption is subject to all of the following conditions:

    1.  The position with the subsequent employer is substantially the same or has the same job responsibilities as the position for which the previous evaluation was performed.

    2.  Any restrictions placed on the person’s employment by the department in the previous evaluation shall remain applicable in the person’s subsequent employment.

    3.  The person subject to the record check has maintained a copy of the previous evaluation and provides the evaluation to the subsequent employer or the previous employer provides to the subsequent employer the previous evaluation from the person’s personnel file pursuant to the person’s authorization. If a physical copy of the previous evaluation is not provided to the subsequent employer, the record check shall be reevaluated.

    4.  The subsequent employer may request a reevaluation of the record check and may employ the person while the reevaluation is being performed.

    g.  Evaluation decision. The department has final authority in determining whether prohibition of the person’s involvement with child care is warranted and in developing any conditional requirements or corrective action plan.

    (1)  Within 30 calendar days of receipt of a completed record check evaluation, the department will make a decision on the person’s involvement with child care.

    (2)  Within 30 calendar days of receipt of a completed record check evaluation, the department will mail to the person subject to an evaluation a record check decision that explains the decision reached regarding the evaluation of the transgression and a notice of decision.

    (3)  The department will issue a notice of decision prohibiting involvement with child care when the person subject to an evaluation fails to complete the record check evaluation within the ten-calendar-day time frame.

    (4)  If the department determines, through the record check evaluation process, that the person’s prohibition of involvement with child care is warranted, the person shall be prohibited from involvement with child care. The department may identify a period of time after which the person may request that another record check and evaluation be performed.

    (5)  The department may permit a person who is evaluated to maintain involvement with child care if the person complies with the department’s conditions relating to the person’s involvement with child care, which may include completion of additional training or an individually designed corrective action plan, or both. For an employee of a registrant, these conditional requirements shall be developed with the registrant. All conditions placed on a person’s involvement with child care shall be communicated, in writing, to both the person subject to the evaluation and the registrant.

    (6)  The department will reevaluate any transgressions where a state or federal law change requires different considerations of the transgression than had been previously applied.

    h.  Notice to parents of abuse in care. If there has been founded child abuse committed by an owner, director, or staff member of the child care facility or child care home, the department’s administrator shall notify the parents, guardians, and legal custodians of each child for whom the facility or child care home provides care.

    (1)  The child care facility or child care home shall cooperate with the department in providing the names and addresses of the parent, guardian, or custodian of each child for whom the facility provides child care.

    (2)  This information shall be provided to the department within ten calendar days from the date of the initial request.

    (3)  Failure or refusal to provide the requested information may result in cancellation of the provider agreement.

    110.11(4) If the department has denied or revoked a registration or child care assistance provider agreement because the provider has continually or repeatedly failed to operate in compliance with Iowa Code chapter 237A and this chapter, the person cannot own or operate a registered facility for a period of 12 months from the date of denial or revocation. The department will not act on an application for registration submitted by the applicant or provider during the 12-month period. The applicant shall be prohibited from involvement with child care unless the department specifically permits the involvement.

    110.11(5) If a certificate of registration or child care assistance provider agreement is revoked, the department will notify the parent, guardian, or legal custodian of each child for whom the facility provides care. The provider shall cooperate with the department in providing the name and address of the parent, guardian, or legal custodian of each child for whom the facility provides child care.

    110.11(6) Required notifications to the department. The provider shall, within ten days, notify the department of any of the following:

    a.  Changes in assistants or substitutes;

    b.  Changes in household membership;

    c.  Address changes; and

    d.  Criminal convictions.

    110.11(7) No assistant, substitute, or co-provider shall be utilized in the care of children and no person shall be permitted to reside in the household until approved by the department.

    110.11(8) If the provider does not notify the department of changes within ten days, the provider may be subject to revocation of registration or to recoupment of child care assistance provided, or both.

    110.11(9) Notice of child development home revocation. A notice received by an owner or operator of a child development home initiating action to deny or revoke the home’s registration shall be conspicuously posted where it can be read by parents or any member of the public. The letter shall remain posted until resolution of the action to deny or revoke an owner’s or operator’s certificate of registration.

441—110.12(237A) Complaints. The department will conduct a visit when a complaint is received.

    110.12(1) After each complaint visit, the department will document whether the child development home or nonregistered child care home was in compliance with health and safety requirements.

    110.12(2) The written documentation of the department’s conclusion as to whether the child development home or nonregistered child care home was in compliance with requirements will be available to the public. However, the identity of all complainants will be confidential unless expressly waived by the complainant.

441—110.13(237A) Additional requirements for child development home category A. In addition to the requirements in rule 441—110.8(237A), a provider requesting registration in child development home category A shall meet the following standards.

    110.13(1) Limits on number of children in care.

    a.  No more than six children not attending kindergarten or a higher grade level shall be present at any one time.

    b.  Of these six children, no more than four children who are 24 months of age or younger shall be present at any one time. Of these four children, no more than three can be 12 months of age or younger.

    c.  In addition to the six children not in school, no more than two children who attend school can be present.

    d.  No more than eight children shall be present at any one time when an emergency school closing is in effect.

    110.13(2) Provider qualifications.

    a.  The provider shall be at least 18 years old.

    b.  The provider shall have three written references that attest to character and ability to provide child care.

441—110.14(237A) Additional requirements for child development home category B. In addition to the requirements in rule 441—110.8(237A), a provider requesting registration in child development home category B shall meet the following standards.

    110.14(1) Limits on number of children in care.

    a.  No more than eight children not attending kindergarten or a higher grade level shall be present at any one time.

    b.  Of these eight children, no more than four children who are 24 months of age or younger shall be present at any one time. Of these four children, no more than three can be 12 months of age or younger.

    c.  In addition to the eight children not in school, no more than four children who attend school can be present.

    d.  No more than 12 children shall be present at any one time when an emergency school closing is in effect.

    e.  If more than eight children are present at any one time for a period of more than two hours, the provider shall be assisted by a department-approved assistant unless extra children are present as a result of an emergency school closing.

    110.14(2) Provider qualifications.

    a.  The provider shall be at least 20 years old.

    b.  The provider shall have a high school diploma, a GED, or documentation of current or previous enrollment in credit-based coursework from a postsecondary educational institution that is an accredited college or university.

    c.  The provider shall have either:

    (1)  Two years of experience as a registered or nonregistered child care provider or a child care center experience, or

    (2)  A child development associate credential or any two-year or four-year degree in a child care-related field and one year of experience as a registered or nonregistered child care home provider or child care center experience.

    110.14(3) Facility requirements.

    a.  The home shall have a minimum of 35 square feet of child-use floor space for each child in care indoors and a minimum of 50 square feet per child in care outdoors.

    b.  The home shall have a separate quiet area for sick children.

    c.  The home shall have a minimum of two direct exits to the outside from the main floor.

    (1)  If the second level or the basement of the home is used for the provision of child care, other than the use of a restroom, each additional child-occupied floor shall have at least one direct exit to the outside in addition to one inside stairway.

    (2)  All exits shall terminate at grade level with permanent steps.

    (3)  A basement window may be used as an exit if the window can be opened from the inside without the use of tools and it provides a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor, with permanent steps inside leading up to the window.

    (4)  Occupancy above the second floor cannot be permitted for child care.

441—110.15(237A) Additional requirements for child development home category C without a co-provider. In addition to the requirements in rule 441—110.8(237A), a provider requesting registration in child development home category C without a co-provider shall meet the following standards.

    110.15(1) Limits on number of children in care.

    a.  No more than eight children not attending kindergarten or a higher grade level shall be present at any one time.

    b.  Of these eight children, no more than four children who are 24 months of age or younger shall be present at any one time. Of these four children, no more than three can be 12 months of age or younger.

    c.  In addition to the eight children not in school, no more than four children who attend school can be present.

    d.  No more than 12 children shall be present at any one time when an emergency school closing is in effect.

    e.  If more than eight children are present at any one time for a period of more than two hours, the provider shall be assisted by a department-approved assistant unless extra children are present as a result of an emergency school closing.

    110.15(2) Provider qualifications.

    a.  The provider shall be at least 21 years old.

    b.  The provider shall have a high school diploma, a GED, or documentation of current or previous enrollment in credit-based coursework from a postsecondary educational institution that is an accredited college or university.

    c.  The provider shall have either:

    (1)  Four years of experience as a registered, nonregistered child care provider, child care center experience, or

    (2)  A child development associate credential or any two-year or four-year degree in a child care-related field and four years of experience as a registered or nonregistered child care home provider.

    110.15(3) Facility requirements.

    a.  The home shall have a minimum of 35 square feet of child-use floor space for each child in care indoors and a minimum of 50 square feet per child in care outdoors.

    b.  The home shall have a separate quiet area for sick children.

    c.  The home shall have a minimum of two direct exits to the outside from the main floor.

    (1)  If the second level or the basement of the home is used for the provision of child care, other than the use of a restroom, each additional child-occupied floor shall have at least one direct exit to the outside in addition to one inside stairway.

    (2)  All exits shall terminate at grade level with permanent steps.

    (3)  A basement window may be used as an exit if the window can be opened from the inside without the use of tools and it provides a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor, with permanent steps inside leading up to the window.

    (4)  Occupancy above the second floor cannot be permitted for child care.

441—110.16(237A) Additional requirements for child development home category C with co-provider. In addition to the requirements in rule 441—110.8(237A), a provider requesting registration in child development home category C with a co-provider shall meet the following standards.

    110.16(1) Limits on number of children in care.

    a.  No more than 14 children not attending kindergarten or a higher grade level shall be present at any one time.

    b.  Of these 14 children, no more than 6 children who are 24 months of age or younger shall be present at any one time. Whenever four children who are under the age of 12 months are in care, both providers shall be present.

    c.  In addition to the 14 children not in school, no more than 2 children who attend school can be present.

    d.  No more than 16 children shall be present at any one time when an emergency school closing is in effect.

    e.  If more than eight children are present, both providers shall be present.

    110.16(2) Provider qualifications.

    a.  The provider shall be at least 21 years old.

    b.  The provider shall have a high school diploma, a GED, or documentation of current or previous enrollment in credit-based coursework from a postsecondary educational institution that is an accredited college or university.

    c.  The provider shall have either:

    (1)  Four years of experience as a registered or nonregistered child care provider or a child care center experience, or

    (2)  A child development associate credential or any two-year or four-year degree in a child care- related field and four years of experience as a registered or nonregistered child care home provider.

    d.  The co-provider shall meet the requirements of subrule 110.14(2).

    e.  No more than two named providers shall be allowed on a registration certificate.

    110.16(3) Facility requirements.

    a.  The home shall have a minimum of 35 square feet of child-use floor space for each child in care indoors, and a minimum of 50 square feet per child in care outdoors.

    b.  The home shall have a separate quiet area for sick children.

    c.  The home shall have a minimum of two direct exits to the outside from the main floor.

    (1)  If the second level or the basement of the home is used for the provision of child care, other than the use of a restroom, each additional child-occupied floor shall have at least one direct exit to the outside in addition to one inside stairway.

    (2)  All exits shall terminate at grade level with permanent steps.

    (3)  A basement window may be used as an exit if the window can be opened from the inside without the use of tools and it provides a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor, with permanent steps inside leading up to the window.

    (4)  Occupancy above the second floor cannot be permitted for child care.

441—110.17(237A) Relative care exemptions. Relatives who are providing care for relative children as a nonregistered child care home are required to meet minimal health and safety standards as contained in the child care and development block grant under 45 CFR 98.41 as amended to August 1, 2026, and this chapter, with the following exemptions:

    110.17(1) Facility requirements as set forth in subrule 110.8(1).

    110.17(2) Emergency plans as set forth in subrule 110.8(4).

    110.17(3) Children’s files as set forth in subrule 110.9(4).

    110.17(4) Required training as set forth in subrule 110.10(1).

441—110.18(237A) Registration actions for nonpayment of child support. The department will revoke or deny the issuance or renewal of a child development home registration upon the receipt of a certificate of noncompliance from child support services according to the procedures in Iowa Code chapter 252J. In addition to the procedures set forth in Iowa Code chapter 252J, the rules in this chapter apply.

    110.18(1) Service of notice. The notice required by Iowa Code section 252J.8 will be served upon the applicant or registrant in writing. Alternatively, the applicant or registrant may accept notice personally or through authorized counsel.

    110.18(2) Effective date. The effective date of the revocation or denial of the registration as specified in the notice required by Iowa Code section 252J.8 will be 60 days following service of the notice upon the applicant or licensee.

    110.18(3) Preparation of notice. The department is authorized to prepare and serve the notice as required by Iowa Code section 252J.8.

    110.18(4) Responsibilities of registrants and applicants. Registrants and registrant applicants shall keep the department informed of all court actions, and all child support services actions taken under or in connection with Iowa Code chapter 252J, and shall provide the department copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 252J.9, all court orders entered in the actions, and withdrawals of certificates of noncompliance by the child support services.

    110.18(5) District court. A registrant or applicant may file an application with the district court within 30 days of service of a department notice pursuant to Iowa Code sections 252J.8 and 252J.9.

    a.  The filing of the application shall stay the department action until the department receives a court order lifting the stay, dismissing the action, or otherwise directing the department to proceed.

    b.  For purposes of determining the effective date of the revocation, or denial of the issuance or renewal of a registration, the department will count the number of days before the action was filed and the number of days after the action was disposed of by the court.

    110.18(6) Procedure for notification. The department will notify the applicant or registrant in writing within ten days of the effective date of the revocation of a registration or the denial of the issuance or renewal of a registration and will similarly notify the applicant or registrant when the registration is issued, renewed, or reinstated following the department’s receipt of a withdrawal of the certificate of noncompliance.

    110.18(7) Appeal rights. Notwithstanding Iowa Code section 17A.18, the registrant does not have the right to a hearing regarding this issue but may request a court hearing pursuant to Iowa Code section 252J.9.

441—110.19(237A) Prohibition from involvement with child care. If the department has prohibited a person or program from involvement with child care, that person or program cannot provide child care as a nonregistered child care home provider.

These rules are intended to implement Iowa Code section 234.6 and chapter 237A.