Requirements; child care facilities; early intervention

providers. A. A child care facility that participates in the child care assistance program shall: (1) not accept or receive child care assistance for hours that a child is enrolled in a head start program or an early head start program or an early pre- kindergarten program or a pre-kindergarten program, except when determined necessary by the department; (2) not accept or require payment or donations in any form from an eligible child's family who is participating in the child care assistance program for an eligible child to be admitted or enrolled beyond the rate paid by the department for the hours paid for through the child care assistance program; (3) refer an at-risk child to appropriate programs of the department and, when applicable, to an appropriate tribal department for services; (4) meet and maintain required training as set by rule of the department to identify and refer at-risk children to home visiting and the family, infant, toddler programs of the department and of tribal departments, as appropriate; (5) meet and maintain required professional development and certification pathways, as set by rule of the department; (6) not unreasonably exclude early intervention providers from accessing a child care setting to provide early intervention services. If intervention providers are excluded for any reason, a facility shall notify the department within forty-eight hours; (7) report to the department program participation, daily hours of operation, days of care provided annually, professional qualifications of staff members, including staff members' roles and levels as established in the department's wage scale and career ladder framework, salaries and benefits for each employee and the employee benefit structure; (8) submit an annual report to the department by July 1 of each year in a manner prescribed by the department that contains the following child care facility business information: (a) the legal name and address of the business; (b) the legal name and address of any management company, owner or entity with a direct or indirect ownership interest in the business; (c) the name and address, if applicable, of any members of a board of directors of the business; (d) the legal structure of the business, including its form of organization; (e) the legal structure of any owner or ownership entity of the business; (f) each investment in the business by any person or entity comprising a ten percent equity stake or greater; (g) each debt or lien against the business comprising at least ten percent of the annual revenue of the business; (h) all documentation of any changes in ownership of the business in the past five years, including sales, transfers, mergers or acquisitions; and (i) all details of any out-of-state sources of funding or investment for the business; and (9) comply with department requirements promulgated by rule. B. If a child is referred for early intervention, an early intervention provider shall not intervene without express authorization by the parent, legal guardian or custodian of the child. C. The department shall create a reporting mechanism for early intervention providers to report suspected child abuse or neglect occurring in a child care facility and for a child care facility to report suspected child abuse or neglect by early intervention providers. D. A child care facility that participates in the child care assistance program shall notify the department of any ownership changes to the facility within sixty days of the transaction closing. E. Funds received by a child care facility for services provided by the facility pursuant to the child care assistance program shall not supplant funds pursuant to the state equalization guarantee distribution or funds appropriated for instructional or general funding. F. Nothing in the Child Care Assistance Program Act shall be construed to limit language- and culturally appropriate child care or limit any educational regulations adopted by Indian nations, tribes or pueblos related to language- and culturally appropriate child care.