Section 411.65  Provisional Licenses

a)         The Department will issue a provisional license for the first two years to applicants for initial license as a secure child care facility when the facility achieves compliance with all of the Department's licensing standards for secure child care facilities.  A provisional license shall be valid for a period of two years from the date of issuance.

b)         The Department may restrict the operation of the secure child care facility by attaching provisions to the license, such as those identified in subsection (d) of this Section.  In addition, a provisional license may be issued when a former license holder seeks to reapply after the license was voluntarily surrendered or after the Department revoked or refused to renew the former license.

c)         Good cause for issuing a provisional license to a former or current holder of a secure child care facility license is evidenced by, but not limited to:

1)         lack of financial responsibility as evidenced by maintaining inadequate assets or by late payment (more than ten days after the scheduled payment date) of tax obligations, bills or other evidence of financial instability;

2)         inadequate or missing records or reports, as required by this Part;

3)         missing case reviews or court hearings, when staff presence is requested or required, on a regular basis or coming to case reviews or court hearings unprepared on a regular basis;

4)         excessive turnover (25% or more turnover within a one-year period or more than provided in the by-laws) in the governing body;

5)         excessive turnover (50% or more turnover within a one-year period) among permanent secure child care staff in each unit; or

6)         other good cause when supported by adequate documentation that the facility is failing to operate in the interest of the children and youth served.

d)         The facility shall adhere to the provisions specified on the license that may include, but are not limited to:

1)         establishing specific supervisor/child welfare staff ratios that the facility must maintain;

2)         requiring at least six bi-monthly meetings of the Board of Directors and greater involvement from the Board of Directors in facility operations;

3)         requiring oversight by a certified public auditor who provides periodic reports to the Department; or

4)         requiring other supportive or corrective measures as deemed necessary in writing by the Department.