When a county agency learns that a family day care or adult foster care program required to be licensed is operating without a license, the county shall, within five working days, notify the operator in writing that a license is required or the program must discontinue operation.
If the operator discontinues the unlicensed operation, no further action is required.
If an operator who is eligible for licensure fails to sign an application form within 30 calendar days after notice that a license is required or fails to cooperate in the licensing study, the county agency shall:
ask the county attorney to take legal action to halt the continued operation of the program or obtain misdemeanor prosecution of the operator; and
inform the commissioner of the unlicensed program.
Nothing in items A and B prevents a county agency from immediately asking the county attorney to seek a court order against the continued operation of an unlicensed program.
The agency shall report to the county child protection unit when it learns of a child in an unlicensed foster care program that is required to be licensed.
15 SR 2105
December 29, 2005