Section 5-A113. REVOCATION, DENIAL, AND SUSPENSION

 

113.1 An application for a license to operate a Facility may be denied by OSSE or a license to operate a Facility issued pursuant to this chapter may be denied for renewal, suspended for a period determined by OSSE, or revoked by OSSE if the applicant or Licensee, or an employee or volunteer of either, has:

 

(a) Failed to comply with any provision of the Facilities Act or this chapter;

 

(b) Failed to comply with any federal or District of Columbia laws or regulations applicable to Facilities;

 

(c) Fraudulently or deceptively obtained or attempted to obtain an initial license or renewal license or committed any other action described in D.C. Official Code § 7-2040(3);

 

(d) Provided false or misleading information on any form or report required by OSSE;

 

(e) Failed to allow authorized officials entry to conduct an inspection or investigation, or to otherwise determine whether the applicant or Licensee is in compliance with this chapter or any relevant federal or District of Columbia laws or regulations;

 

(f) Employed any method of discipline prohibited by this chapter;

 

(g) Been determined by a duly authorized District of Columbia government official to pose a danger to children or youth, pursuant to CYSHA;

 

(h) Pled guilty or nolo contendere with respect to, or received probation before judgment with respect to, or been convicted of, one of the following crimes as defined in the District of Columbia Official Code or a comparable crime in another state or federal law:

 

(1) Murder;

 

(2) Child abuse;

 

(3) Rape or sexual abuse;

 

(4) A sexual offense involving a minor or non-consenting adult;

 

(5) Child pornography;

 

(6) Kidnapping or abduction of a child;

 

(7) Subject to Section 133.9, illegal possession, use, sale, or distribution of controlled substances;

 

(8) Illegal possession or use of weapons;

 

(9) A felony involving behavior or acts that gravely violate moral sentiments or accepted moral standards of this community and are of a morally culpable quality;

 

(10) A crime of violence as defined in District of Columbia Official Code § 23-1331(4);

 

(i) Failed to report suspected child abuse or neglect, as required by District of Columbia Official Code § 4-1321.02;

 

(j) Been denied a license to operate a Facility or had a license to operate a Facility denied, suspended, or revoked in another jurisdiction within the previous three (3) years for a cause which would be grounds for denial, suspension, or revocation under this section;

 

(k) If the Facility at issue is a Child Development Home, a determination that any person living in the home that operates as a licensed Facility has pled guilty or nolo contendere with respect to, or received probation before judgment with respect to, or been convicted of, any of the offenses identified in Subsection 113.1(h);

 

(l) A determination that an applicant or Licensee, or any employee or volunteer who is reasonably expected to come into contact with one (1) or more children, has admitted to or has been found to have abused or neglected a child in the District of Columbia or in any other jurisdiction;

 

(m) Any bankruptcy of the Facility or the parent entity of the Facility; or

 

(n) Voluntarily closure by a Facility while enforcement action is pending without OSSE approval.

 

113.2 A Licensee may not reapply for a license for a period of three (3) years if the license to operate a Child Development Facility is revoked.

 

113.3 If the license of a Facility is suspended or revoked for a building structural issue or construction, the owner, Center Director or Caregiver may reapply for a license after all building structural issues are abated or construction is completed, provided that the application shall include such evidence as is reasonably required by OSSE to determine that all building structural or construction issues have been resolved. 

 

 

authority

The State Superintendent of Education (“State Superintendent”), pursuant to authority set forth in Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.).

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).