§ 49-1-1105 — Criminal violations

(a) Any person or entity operating a child care program without being certified by the department or who continues to operate such program while a suspension of the certificate is in effect, or who operates a child care program following the effective date of a denial or revocation of a certificate, commits a Class A misdemeanor. (b) Each day of operation without an effective certificate constitutes a separate offense. (c) (1) It is unlawful for any person who is an operator, certificate holder or employee of a child care program to make any statement, whether written or verbal, to a parent or guardian of a child in the care of such program, to any state or local official having jurisdiction over such program, or to any law enforcement officer, knowing the statement is false, including, but not limited to, statements regarding: (A) The number of children in the child care program; (B) The area of the child care program used for child care; or (C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care program. (2) In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care program. (3) A violation of subdivision (c)(1) is a Class A misdemeanor. (4) This subsection (c) includes statements made in any child care program certificate application that misrepresents or conceals a material fact that would have resulted in the certificate being denied. (5) In addition to any punishment authorized under this subsection (c), the department may also take any certificate action authorized under this part.

Legislative History

Acts 2000, ch. 981, § 45.