1. The department shall grant a license or certification for the operation of a facility receiving persons for foster care, for a period of not more than two years, to reputable and responsible persons upon showing that: a. The premises to be used are in fit sanitary condition and properly equipped to provide good care for all persons who may be received; b. The persons in active charge of the facility are properly qualified to carry on efficiently the duties required of them; c. The facility is likely to be conducted for the public good in accordance with sound social policy and with due regard to the health, morality, and well -being of all persons cared for in the facility; d. The facility will be maintained according to the standards prescribed for its conduct by the rules of the department; e. The applicant has not had a previous facility license, certification, or approval denied within two years of the date of the current application, unless waived by the department after the department considers the health and safety of children and the licensing, certification, or approval history of the applicant; and f. The applicant has not had a previous facility license, certification, or approval revoked within five years of the date of the current application, unless waived by the department after the department considers the health and safety of children and the licensing, certification, or approval history of the applicant. 2. Before licensing, certifying, or approving a facility providing foster care for children or adults, the department shall seek a criminal history record when required by this chapter. The department shall consider any criminal history record information available at the time a license, certification, or approval decision is made. 3. The department shall determine, in accordance with rules of the department, whether a license, certification, or approval may be issued to a facility that houses or employs any individual who has a criminal record.
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