For purposes of these regulations, words and phrases shall
have their common meaning unless otherwise defined here.
APPLICATION - An official form provided by the Division which
when completed and signed by the applicant is a request for a day care
license.
CAREGIVER - The person who is responsible for facilitating
the physical, cognitive, social and emotional growth and development of
children in her/his care and is counted in the adult/child ratio. This category
may include Director, Head Teacher, Teacher and Assistant.
CHILD - Person who has not yet reached the age of sixteen
years.
CHILD CARE - The developmentally appropriate care, protection
and supervision of which is designed to ensure wholesome growth and educational
experiences for children outside of their homes for periods of less than 24
hours a day in a day care facility.
COMMISSIONER - Commissioner of the Department of Social and
Rehabilitation Services or his/her designee.
CONDITIONS OF THE LICENSE - Requirements that must be met in
order to retain a license.
CORPORAL PUNISHMENT - The intentional infliction of pain by
any means for the purpose of punishment, correction, discipline, instruction or
any reason.
DAY CARE FACILITY - Any place, operated as a business or
service on a regular or continuous basis whether for compensation or not, which
provides child care services. Used interchangeably with the term School Age
Care (SAC).
DEPARTMENT - The Vermont Department of Social and
Rehabilitation Services, Agency of Human Services and/or its agent(s).
DEVELOPMENTALLY APPROPRIATE - Activities and supports which
meet the individual needs (physical, emotional, social and cognitive) of each
child, and which include a balance of adult directed and child initiated
activities.
DIRECTOR - The staff person possessing the qualifications for
the position of Director and responsible for the overall operation of the
facility.
DISCIPLINE - A process of guiding children to develop
internal pro- social behavior through the supportive consistent use of the
following: modeling appropriate behavior, praise, active listening, limit
setting, reinvolvement, and modifying the environment.
DIVISION - The Division of Licensing and Regulation of the
Vermont Department of Social and Rehabilitation Services.
EDUCATIONAL - Programming which serves to impart knowledge or
skill and which is appropriate to the developmental level of the child.
FACILITY - See definition for Day Care Facility.
GROUP - The number of children assigned to a
teacher/caregiver or team of staff members who meet together regularly and can
be identified with one another as being distinct from the larger population of
children in care.
HEAD TEACHER - The staff person who possesses the
qualifications for the position of Head Teacher and responsible is for the
development/implementation of the program curriculum, support and supervision
of teaching staff.
HIGHER EDUCATION COURSE - A three credit course or equivalent
which could apply toward acquiring a post secondary degree in Early Childhood
Education, Elementary Education, Human Development or other related
field.
LICENSE - An official document which certifies that a
licensee has been granted permission by the State to operate a day care
facility in accordance with the provisions of the law and regulations of the
Department.
LICENSEE - The person, corporation or other legal entity
named on the license certificate as having received the license and who is
responsible for maintaining compliance with these regulations.
PARENT - The legal custodian of the child enrolled in the
facility.
PARENT CONFERENCE - A meeting scheduled and held between the
parents and staff for the purpose of discussing the needs of and/or progress of
a child relative to the services provided by the facility.
PHILOSOPHY - A comprehensive description of how children
develop and learn and the role of the program in enhancing this process.
PRIMARY CAREGIVER - The staff person responsible for
facilitating and nurturing a child's cognitive, social, emotional, and physical
growth and development and the person responsible for communicating the child's
daily activities to the child's parent.
PROVISIONAL LICENSE - A non-renewable license issued by the
Department for a period of not more than one year to an applicant who is
applying for a license for the first time or who has submitted an application
for the licensure of a facility not previously licensed. A provisional license
may be issued provided the Department finds that, although the facility, its
staff, or service or any matter subject to regulation is not yet in full
compliance to all regulations, it is likely that all regulations will be
complied with in a reasonable and predetermined period of time of one year or
less as determined by the Department.
RECREATION AIDES - Persons over the age of 16 years who
otherwise meet staff requirements.
iv) programs which provide for the
development of single skill based activity such as skiing, pottery making,
computer operation, tennis or musicianship.
REVOCATION - The formal act of closing a day care facility
due to violation of these regulations or related statutes. A facility may
continue to operate during a revocation action pending an appeal to the Human
Services Board.
SCHOOL AGE CARE - A licensed day care facility whose services
are designed to ensure that school age children are provided with wholesome
growth and educational experiences. Used interchangeably with the terms Day
Care Facility.
SCHOOL AGE CHILD - A child who has attained the age required
by law to attend school and is attending a full day school session or is
attending Kindergarten.
SERIOUS VIOLATION - A violation of group size, staffing
requirements or any violation which immediately imperils the health, safety or
well-being of children. Serious violations may also include corporal
punishment, physical or sexual abuse or health and safety or health and safety
requirements.
STAFF - Adults who have direct responsibilities for the
operation of the program or the care and education of children.
SPECIAL NEEDS - One or more of the following areas in which a
child shows difficulty or delay:
- ability to learn
- social/emotional
- self care - fine and gross motor
- communication (speech & language)
- medical or environmental factor(s) that may affect
participation in daily activities
SUPERVISION OF CHILDREN - The knowledge of and accounting for
the activity and whereabouts of each child in care and the proximity of staff
to children at all times assuring immediate intervention of staff to safeguard
a child from harm and maintenance of the program of the facility.
SUSPENSION - The formal act of immediately closing a day care
facility due to the immediate imperilment of the health, safety or well-being
of a child.
TEACHER - A caregiver who meets the qualifications specified
in these regulations and the requirements of the SAC's job description for
teacher.
TRAINING - Interactive developmental activity for child care
providers in areas such as child development, discipline/behavior management,
health and safety, age- appropriate activities, first aid, child abuse
prevention and detection, working with parents, children with special needs,
space design and community early childhood resources including but not limited
to observation and assessment (not to exceed two hours) of other early
childhood programs.
USEABLE SPACE - The space described by the application which
had been inspected and approved by the Division and described by the license as
the space where children are cared for in accordance with these regulations.
All other space is not useable space.
VARIANCE - An exception to a regulation granted by the
Commissioner in exceptional circumstances when, in his or her discretion, the
literal application of the regulation will result in unnecessary hardship and
when the intent of the regulation can be achieved by other means.
Section A Administration
1. The licensee shall be responsible for
compliance with these regulations and shall operate the facility at all times
within the terms and conditions of the license.
2
a. The
number of children at the facility or otherwise being provided care shall not
exceed the maximum number of children for which the facility is
licensed.
b. The licensee shall not
sell or otherwise transfer the license to another individual, organization or
corporation.
c. The license is
valid only for the location listed on the license.
d. The licensee shall not alter or tamper
with the license document or cause another to alter or tamper with the license
document.
3. The license
shall be posted in a conspicuous place where it can be easily read by parents
and the public.
4. A copy of
current regulations shall be posted at the facility. Parents shall be informed
of the public availability of these regulations at the facility.
5. The licensee shall not represent or give
the impression that the day care facility and/or its services are otherwise
than as defined by the license certificate and the limitations of these
regulations.
6. The licensee shall
notify the Department within 15 days of any change of the person responsible
for developing and implementing the program.
7. The facility shall be used only for
purposes of child care or child care training during the hours of
operation.
8. The facility shall
meet all applicable requirements of the Department of Labor & Industry,
Department of Environmental Conservation, Vermont Department of Taxes and
Americans with Disabilities Act.
9.
There shall be a process of introducing children and parents to the center
which offers a parent orientation, pre-enrollment visit and a gradual
introduction of children to the center.
10. Parents shall have unlimited access
without delay to their children and their caregivers during the normal hours of
operation or whenever such children are in the care of such
caregivers.
11. The staff shall
encourage parents to spend periods of time at the center interacting with their
children.
12. The following shall
be provided in writing to all parents:
a. a
typical daily schedule;
b. a policy
regarding the reporting of suspected child abuse and/or neglect;
c. a description of religious activity, if
any;
d. a schedule of fees and
payment plans;
e. a statement
regarding parental freedom of access to the program;
f. a description of ECP's program which sets
forth the philosophy and methods employed to reach developmental goals for
children and families;
g.
information concerning complaint procedures concerning the welfare of
children.
13. A parent
conference shall be offered at least annually to discuss children's progress,
accomplishments, and issues at home and the center. Parent's reasonable
requests for additional conference(s) shall be honored within 7 days.
14. Current emergency phone numbers shall be
posted or located near the phone. Numbers shall include health care provider,
fire, police, ambulance, poison center, parents' home and work and the
Division.
15. A child shall be
released only to persons authorized by the parent/guardian. However, a child
shall be released to either parent unless there is a court order which
prohibits release to a particular parent, a copy of which is kept in the
SAC.
16. Each facility shall carry
liability insurance of a reasonable amount for its own protection. Evidence of
insurance coverage shall be provided to the Division upon licensing and
relicensing.
17. The director shall
inform all staff of revisions in regulations as they become
effective.
18. Informational
material relative to the care and development of children published or
distributed by the local training, resource and referral centers and other
relevent[relevant] sources shall be made accessible to all staff.
19. The Program Director, upon obtaining
written parental permission, may make appropriate professional referrals where
necessary.
Section B
Records and Reports
1. Prior to admission,
each child shall have a file on the premises, which contains, at a minimum, the
following:
a. a completed child's admission
form which is signed and dated by the parent;
b. child's complete name, birthdate, and date
admitted;
c. parent(s)' full name,
home and daytime (if applicable) addresses and telephone numbers;
d. name, address, and telephone numbers of
two responsible persons to contact if the parent cannot be reached;
e. name and telephone number of child's
health care provider and dentist if any;
f. description of child's health history
current medications, allergies, special dietary requirements and other
identified special need(s).
g.
signed permission by parent to authorize emergency medical care; transportation
(if provided) and persons who can remove child from program.
2. A child shall be admitted in a
SAC or receive child care in a SAC when there is on file on the premises:
a. an immunization report form which is
completed (showing types and dates of immunizations), dated and signed by a
physician licensed to practice medicine or osteopathy which attests that the
child has been immunized in accordance with the schedule of immunization
determined by the Vt. Department of Health or,
b. a statement which attests that the child
has not been immunized because the immunization is medically contraindicated
or,
c. a statement which attests
that the child has not been immunized because to do so would interfere with the
free exercise of the child's or the family's moral or religious rights
or,
d. a statement which attests
that the child has been immunized according to the schedule except for
specifically named immunizations listed in the statement. The statement shall
attest that these immunizations will be given within a reasonable stated period
of time. A child shall not receive care at the facility after the stated
reasonable period of time has lapsed unless there is a written statement that
the child has received all immunizations required by the schedule.
3. Daily attendance records,
listing the dates of attendance for each child shall be maintained and kept
up-to-date for a period of at least 12 months.
4. The date of withdrawal shall be recorded
in the child's file. The child's file shall be maintained at the facility for a
period of not less than 12 months from the child's withdrawal.
5. Within a year of the date of withdrawal, a
copy of the child's file shall be made available to the child's parent upon
request.
6. All records and reports
required by these regulations shall be maintained in an up-to-date manner at
the facility and are subject to inspection by and/or surrender to the
Department upon request.
7. A
child's presence at the facility will always be known by utilizing a check in
and check out procedure for each child in attendance.
8. A written report shall be placed in the
child's file and copies submitted to the parent and Division within two working
days of an accident or injury occurring while a child was in care which
required the services of a physician or dentist.
9. Any incident where a child is bitten by an
animal while in care shall be reported to the Division.
10. The licensee shall submit a written
report to the Division within 48 hours of a fire that required the use of a
fire extinguisher and/or the services of a fire department.
11. Each center will establish written
procedures for handling emergency situations, evacuations, and the reporting of
allegations of child abuse/neglect. Such procedures shall be included in staff
training.
12. All child/family
records will be kept confidential unless otherwise required by law or
emergency.
13. All reports and
notices issued by the Department shall, upon the Department's request, be
conspicuously posted near the license certificate for a length of time
determined by the Department or mailed to the individual parents.
13. [14. sic] Written parental permission
shall be acquired for field trips. Parents are to be notified in advance when
vehicles are to be used. Parents may grant general authorization for walking
field trips.
Section C
Staff Requirements
1. Each facility shall have
a Director and a Head Teacher on site the majority of time the center is open
(this may be one and the same person for centers licensed for 59 or fewer
children). In the event that the Director or Head Teacher is not present there
shall be a staff person on site at all times during the licensed hours who is
authorized to act in their place.
2. The person (Director and/or Head Teacher)
responsible for developing and implementing the program in a facility of twelve
(12) or fewer children shall have at least the following qualifications:
- Child Development Associate (CDA), or Certified Childcare
Professional (CCP) Early Childhood Education Specialist, or
- Associates Degree in Early Childhood, Human/Child
Development (includes Pediatric Nursing), or Recreation, or
- Two (2) years of successful experience relative to the
population being served and at least one (1) successfully completed higher
education course in early childhood related topics (to be completed within 9
months),
- Child Care Certificate from Community College of Vermont or
a certificate of completion from a Voc/ Tech Human Services Program approved by
the State Board of Education emphasizing child care or early childhood
education.
3. The person
(Director and/or Head Teacher) responsible for developing and implementing the
program in a facility of between thirteen (13) and fifty-nine (59) children
shall have at least the following qualifications:
- CDA, CCP, or Associates Degree in Early Childhood
Education, Elementary Education, Human Development, or Recreation and two (2)
years experience with groups of schoolage children, or
- BA/BS with four courses in Early Childhood Education,
Elementary Education, Human Development, or Recreation related topics and two
(2) years experience with groups of schoolage children, or
- BA/BS in Early Childhood or Human/Child Development or
Recreation and one (1) year experience with groups of schoolage children,
or
- Three (3) years successful experience in a youth or
recreational program and four (4) higher education courses successfully
completed relative to the population being served. These higher education
courses may be completed within eighteen (18) months of employment.
4. The person (Director and Head
Teacher) responsible for developing and implementing the program in a facility
of sixty (60) or more children shall have at least a:
- BA/BS in Early Childhood or Human/Child Development,
Elementary Education or Recreation and two (2) years of successful experience
relative to the population to be served, or
- BA/BS and four (4) higher education courses success- fully
completed in early childhood, elementary education or recreation related topics
and three (3) years successful experience relative to the population to be
served, or
- Associates Degree and four (4) higher education courses
successfully completed in early childhood, elementary education or recreation
related topics and four (4) years of successful experience relative to the
population to be served. Course work requirements shall be completed within one
(1) year of employment.
5.
The Teacher for each group of children shall have at least a:
- CDA, CCP, or
- Associates Degree in Early Childhood or Human/Child
Development, or
- One (1) year of successful experience working with young
children and one (1) higher education course successfully completed in Early
Childhood Education or Human/Child Development.
6. The Assistant for a group of children
shall be at least 18 years old and must have successfully completed, within one
year of the beginning of employment or assignment, 1 course in child
development approved by the Division. An assistant must be supervised by a
Teacher, Head Teacher or Director until she/he has successfully completed a
reasonable probationary employment period.
7. Recreation aides who are over the age of
16 years may count in the staff/child ratios in a schoolage program providing
supervision but shall not be out of eyesight or earshot of an adult caregiver.
The number of recreation aides can not exceed the number of adult staff persons
on duty.
8. Any person employed in
one of the aforementioned positions (under the existing license prior to
4/1/93, and who does not meet these qualifications shall be granted a waiver
which will permit them to continue in their position.
9. Staff hired prior to April 1, 1993 shall
have at least 3 positive written references and a written work history on file
at the facility which attest to their ability to perform the duties related to
their job description.
10. Staff
hired after April 1, 1993 shall have on file references taken by
representatives of the facility from three persons who are unrelated to the
staff person which attest to his/her ability to perform the duties required by
the job description. These references shall be dated and signed by the
facility's representative and shall include the name and the telephone number
of the person who gave the reference.
11. Written records for each staff person
shall be maintained at the facility and shall include:
a. job descriptions;
b. records of employment history, training,
education and experience;
c. three
positive references;
d. signed
statement(s) indicating that the employee has read and understands the
Licensing Regulations for SAC and the center's policy manual.
12. The following persons may not
operate, reside at, be employed at or be present at a day care facility:
a. persons convicted of fraud, felony or an
offense involving violence or unlawful sexual activity or other bodily injury
to another person including, but not limited to abuse, neglect or sexual
activity with a child; or
b.
persons found by a court to have abused, neglected or mistreated a
child;
c. adults or children who
have had report of abuse or neglect substantiated against them under Chapters
49 & 69 of Title 33 Vermont Statutes Annotated.
13. Persons prohibited in Section
12
above may be present at or employed in a day care facility if the licensee and
the person involved request a waiver from the prohibition and evidence
acceptable to the Commissioner is presented which shows suitability or
rehabilitation sufficient to warrant their participation or presence in a child
care setting.
14. Parents of
children enrolled in the facility who may be otherwise prohibited under Section
12
above, but are participating in prevention or parent education programs within
the facility, may be present at the facility as long as they are visually
supervised by staff of the facility.
15. For employees who are not employed in
direct care services, but who are present when children are in care, there
shall be at least 3 written references and work history on file at the
facility.
16. Substitute staff and
volunteers acting as assistants, shall not provide care at the facility for
more than three days unless there are on file at the facility no less than
three references which attest to the person's ability and competence to perform
duties which may be assigned to them.
17. There shall be on file at the facility
(for staff, assisting parents and volunteers) a written statement signed and
dated, indicating that the individual was informed of the center's policies on
abuse and neglect and that they are aware that the abuse and/or neglect of
children is against the law, and prohibited by the program and reportable to
the Department.
18. When a request
for a physical or mental examination is made by the Department, the licensee or
staff person shall submit to the examination when there is just cause to
suggest that the person's mental or physical condition impairs the person's
ability to carry out the duties listed in his/her job description. The examiner
shall be objectively selected by a third party designated by the Division each
year for such purpose.
19. All
staff counted in the ratio except recreation aides shall be competent in
administering basic first aid. At least one staff person shall be present at
the program who is certified in basic first aid and CPR.
20. Staff who have a contagious illness or
are incapacitated by illness, fatigue, or any other condition(s) which limits
their ability to care for children shall not care for children.
20. [21. sic] No staff person may be under
the influence of alcohol or drugs except that prescription drugs which do not
impair their ability to provide care may be taken.
Section D Groups and Numbers
1. Children shall be provided developmentally
appropriate care in a group setting subject to the following descriptions and
limitations and ratio of staff to children.
|
Children's Ages
|
Maximum in Group
|
Staff/Child Ratio
|
|
Infants: 6 Weeks Through 16 months
|
8
|
1:4
|
|
Toddlers: 17 Months Through 23
Months
|
8
|
1:4
|
|
24 Months Through 35 Months
|
10
|
1:5
|
|
3 Years Through Kindergarten
|
20
|
1:10
|
|
First Grade Through 15 Years
|
No Maximum
|
1:13
|
2.
Each group of children shall have a caregiver/teacher present who spends time
each day with the group and is available to the group on a regular
basis.
3. A group may consist of
children of mixed ages provided the maximum number of children in the group,
and the staff to child ratio, are in accordance with the age of the youngest
child in the group as listed in subsection
1
above.
4. In determining the
child/caregiver ratio, only those staff members working directly with the
children a minimum of 90% of their assigned duty time shall be counted. These
staff members can be counted when they are readily available on the premises
and are temporarily not with children. Directors may be counted in the
child/caregiver ratio when they are working directly with children.
5. There shall be a minimum of 2 staff
persons on duty when the number of children in attendance exceeds eight (8).
When the number of children allows a single staff person on duty, another
caregiver shall be identified to be available to provide prompt assistance in
the event of an emergency.
6. No
person other than an employee of the center, except the child's parent, shall
be left alone with children.
7. On
emergency school closing days during the school year, such as snow days,
school-age children who regularly are scheduled to attend on that day may
attend for the full day provided the total number of children in care does not
exceed the licensed capacity.
8.
All children present and being cared for in the day care facility shall be
included in determining the child/adult ratio.
9. The Division may otherwise alter the
number of children in care in consideration of the experience, physical
strength, skill and capacity of the staff and their ability to deal with
children of different ages and capabilities.
Section E Program
1. Each child shall be supervised at all
times by staff.
1a. Children who
are in fourth, fifth, and sixth grades may participate in activities without
the physical presence of staff when:
i. staff
have determined that children have a good understanding of the program's rules,
regarding appropriate behavior and privileges and are capable of handling this
responsibility; and
ii. the
whereabouts of each child is known to staff; and
iii. children are in space approved by the
Department; and
iv. children are in
groups which do not exceed six; and
v. staff are in earshot of children and are
able to provide immediate intervention if needed; and
vi. staff monitor children by in-person
checks at least every 15 minutes; and
vii. staff have knowledge and approve of the
activity in which the children are engaged (homework, club meeting, etc.);
and
viii. no child shall be alone,
except for toileting.
2.
A developmentally appropriate curriculum shall be planned in advance to reflect
the program's philosophy and goals for children. A daily activity guide for the
day/week related to the curriculum shall be posted in a conspicuous place or
otherwise made available to parents. The daily activity guide shall provide for
the following activities:
a.
indoor/outdoor
b.
quiet/active
c. individual/small
group/large group
d. large
muscle/small muscle
e. child
initiated/staff initiated.
3. Staff expectations of children's social
behavior shall be appropriate to the child's developmental level.
4. Each child shall be treated equally with
regard to respect, consideration, and opportunity to take part in all
developmentally appropriate activities.
5. Staff shall interact with children
throughout each day expressing respect and affection. Staff shall appropriately
touch, hold, and smile at children. Staff shall speak to children at the
child's eye level frequently.
6.
Staff shall be available and responsive to children, encourage them to share
experiences, ideas and feelings, and listen to them with attention and
respect.
7. Staff shall plan and
implement realistic curriculum goals for children based on the children's
individual needs and interests.
8.
The highlights of each child's day shall be communcated[communicated] to
parents.
9. Staffing patterns shall
ensure that each child has a consistent primary caregiver in order to maintain
continuity of care and the relationship between parent and facility for the
purpose of establishing secure attachment.
10. If television/video viewing occurs it
shall be:
a. in the presence of
staff;
b. designed for children;
and
c. shall not exceed 1/3 of
total child care program time per child.
11. Program modification and emergency
procedures related to children with special needs shall be developed and
followed.
12. Outdoor play areas
shall be under the supervision of a staff person.
13. Materials and daily activities for
schoolage children shall be varied and age-appropriate, including:
a. cooperative active play
(indoor/outdoor);
b. quiet,
individual time (rest, read, homework);
c. structured and unstructured;
d. staff directed and child initiated with
expectations, responsibilities and limits clearly explained by staff.
14. Planned activities should
include children's suggestions, interests, and the development of new
skills.
15. At least one adult
shall sit with children during meals and snacks.
16. Children shall be attended to when they
cry indicating they need assistance.
17. A person shall be prohibited from the
facility when her/his presence or behavior disrupts the program, distracts the
staff from their responsibilities, intimidates or promotes fear among the
children, or when there is reason to believe that her/his action or behavior
will present children in care with risk of harm.
Section F Guidance/Discipline
1. Staff shall use positive methods of
guidance/discipline which encourage self-control, self-direction, self-esteem
and cooperation. Guidance/discipline shall be designed to meet the individual
needs of each child.
2. No
employee, volunteer or parent may employ any form of cruel or unusual
punishment including corporal punishment such as, but not limited to:
a. Hitting, shaking, biting, spanking,
pinching;
b. Restricting a child's
movement by binding or tying or use of any other form of mechanical
restraint;
c. Withholding necessary
food, water, rest or toilet use;
d.
Confining a child in an enclosed or darkened area such as a closet or locked
room;
e. Inflicting mental or
emotional punishment such as humiliating, shaming, threatening or frightening a
child.
3. Rules,
expectations and limits shall be applied consistently and explained in a clear
manner. A child shall not be expected to perform behavior which is beyond the
child's comprehension or ability.
Section G Environment
1. The facility shall provide a pleasant,
safe, clean, well-lighted, environment suitable for children.
2. The facility's building, grounds and
equipment shall be maintained in a clean and orderly fashion and kept in good
repair.
3. There shall be at least
35 square feet of safe usable licensed space per child inside the facility,
excluding areas primarily used for hallways, bathrooms, offices and the food
preparation area in the kitchen.
4.
Each child shall have a primary care space to offer security and continuity in
the program.
5. There shall be a
safe outdoor play area which provides a minimum of 75 square feet of space per
child. The play area shall include provision for shade.
6. Children in care shall be protected from
any and all conditions which threaten a child's health, safety and well-being.
This includes protecting children from stoves, pools, window covering pull
cords, asbestos, wells, chips and dust from lead paint, traffic and other
hazards.
7. There shall be
equipment which encourages quiet activity (clay, crayons, paints, story and
picture books, dolls, puzzles, etc.). These shall be stored in a manner so as
to promote easy access by children.
8. Furniture, equipment and climbing
structures shall be clean, sturdy, without sharp edges, present minimal
hazards, and shall be appropriate for the size, abilities and activities of the
children. Pressure treated wood containing creosote or pentachlorophenol shall
not be present.
9. All equipment
shall be arranged so that children playing on one piece of equipment shall not
interfere with children playing on or running to another piece of equipment.
10. Climbing equipment and swings
shall be securely anchored to the ground.
11. Cushioning material which is absorbent
shall be in place in sufficient depth under climbers, slides, swings, or other
structures which allow children to achieve a height of more than 30 inches.
This material shall be maintained in good condition. Grass, bare ground,
asphalt and concrete are prohibited under these structures.
12. Closet and bathroom doors which can be
locked shall be capable of being unlocked from the outside. The unlocking
device shall be readily accessible.
13. All areas used to determine the indoor
licensed capacity shall not be subject to drafts.
14. There shall be no animal present at the
facility, regardless of ownership, which presents a danger or health hazard to
the children. Children shall not have contact with wild animals.
15. There shall be a telephone, in working
order, on the premises immediately accessible for incoming and outgoing use
during the time children are present. The telephone number shall be publicly
listed. The use of answering machines is permitted only when they are fully
operational and located where they can be heard by staff.
Section H Transportation
1. Upon written permission from the parent,
transportation may be provided for children.
2. The vehicle used for transporting children
shall be registered, inspected and insured according to State law.
3. When the licensee provides transportation,
the maximum amount of time a child can be transported to or from home shall not
exceed 45 minutes one way.
4. The
operator of the vehicle shall hold a valid operator's license appropriate for
that vehicle.
5. Children in
vehicles shall not be left unattended or unsupervised at any time.
6. When there are 3 or more non-ambulatory
children in the vehicle, there must be at least 2 staff present unless the
vehicle is equipped with a two-way communication system linked to emergency
backup services. When there are more than 6 non-ambulatory children in the
vehicle a 1:4 ratio shall apply.
7.
The driver shall wear an individual seat belt.
8. When being transported in a motor vehicle,
all children, except children who have physical conditions which prevent the
use of a child safety seat or seat belt, must be properly restrained in
accordance with the following chart:
|
Age
|
Front Seat
|
Rear Seat
|
|
Under 5
|
Child Safety Seat
|
Child Safety Seat
|
|
5 to 15
|
Safety Belt
|
Safety Belt
|
9.
The practice of allowing two or more children in the same child safety seat or
seat belt is prohibited.
10. When
school-age children are transported in school buses, there must be a second
adult if there are 10 or more children. After the 2nd staff person, a
staff/child ratio of at least 1:13 shall be maintained.
11. When school buses are utilized, the
driver shall be licensed by the Vt. Dept. of Motor Vehicles to operate a school
bus.
12. The number of children
within the school bus shall not be more than the number of seating spaces
provided.
13. Automobile insurance
at limits of bodily injury liability of not less than $ 100,000/$ 300,000, and
property damage of not less than $ 50,000 shall be carried.
Section I Swimming
1. Each child shall have written permission
from her/his parent prior to participating in a wading/swimming
activity.
2. Swimming facilities
shall be protected and pools fenced so that no child may gain access without
staff approval, observation and supervision. Facilities and pools shall be
maintained in accordance with sound health and safety practices.
3. Ratios shall not exceed 1:6 for schoolage
children when swimming except when a certified lifeguard is present and
assigned specifically to the group. Fewer than 24 children may be supervised by
two caregivers in addition to the certified lifeguard providing that staff are
swimmers.
4. When swimming lessons
are being provided, the lessons shall be provided by a certified instructor.
Section J Emergency
Procedures
1. A first aid kit containing at a
minimum: adhesive, bandages, ice pack, scissors, safety pins, sterile gauze
dressings, rolls of gauze bandages, thermometer or fever strip, tweezers,
disposable latex gloves, syrup of ipecac and an easy reference first aid manual
shall be available and accessible to staff. This kit shall be replenished as
supplies are used or as expiration date(s) indicate.
2. There shall be an emergency evacuation
plan consisting of simple, clear drawings which depict evacuation routes posted
by the door in each room in which children are in care.
a. A mechanism shall be in place to assure
that all children are accounted for at a predetermined safe place.
b. The plan, which may be preannounced, shall
be practiced at least once a month. A written record of the dates practiced
shall be maintained. Evacuation required under this plan shall be completed
within three (3) minutes.
3. The parent(s) of a child who becomes ill
or who is injured at the facility shall be notified immediately. Severely
injured children shall be moved only with the permission of the parent or by
direction of a medical professional unless such are not available and immediate
movement is necessitated by an emergency situation.
4. An ill or injured child shall receive
immediate attention of the staff. Clear plans shall be made to notify parent
and make plans for the parent(s) or other designated person to pick up the
child.
5. Upon determination that a
child may be lost or may have been abducted, the facility shall immediately
notify the parent(s) of the child, the police and the Division.
6. When a child, who is enrolled in an
after-school program, does not arrive as scheduled, every effort shall be made
to notify the parent or authorized person immediately.
Section K Health
1. Disinfection
a. Bathroom fixtures, floors and table
surfaces shall be cleaned and disinfected daily. disinfected daily.
b. All toys and indoor equipment shall be
cleaned at least monthly.
c. Blood
spills shall be treated cautiously and decontaminated promptly. Disposable
gloves shall be worn while handling any blood spill, bloody diarrhea, bloody
nose, etc. and discarded after each use. Contaminated surfaces shall first be
cleaned with hot, soapy water, and then disinfected with a solution of 5.25%
sodium hypochlorite (household bleach) diluted 1:10 to 1:100 with water (1/2
oz. bleach to a quart of water), prepared daily or other acceptable
disinfectant solution (EPA rated as hospital disinfectant with label claim for
mycobactericidal activity). Handwashing with soap and water shall occur after
the cleaning of any spill involving blood, vomitus, fecal or urinary
incontinence.
2.
Excludable Conditions
a. No child shall be
admitted if in the opinion of the Director or a medical professional the child
is too ill to be in day care.
b. A
child or staff member diagnosed as having any of the following diseases or
infections shall be excluded from the day care setting until a medical
professional indicates that it is safe for him or her to return:
bacterial meningitis
chicken pox
Shigella
Campylobacter
Salmonella
Giardia
polio
impetigo
diphtheria
hepatitis A
measles
mumps
pertussis (whooping cough)
rubella (german measles)
streptococcal infection, including
scarlet fever, strep throat
tuberculosis (active)
c. A child or staff member diagnosed as
having the following conditions shall be excluded until indicated below:
Lice: may return after appropriate treatment is
completed;
Scabies, pinworm infection, ringworm
infection: may return 24 hours after treatment is
initiated.
d. A child or
staff member who has the following symptoms shall be excluded from the day care
setting until the symptoms disappear or until otherwise indicated by a medical
professional:
Diarrhea: 3 loose stools beyond what the child normally has
in 24 hours or loose stools persisting for more than 48 hours;
Vomiting: 2 or more episodes in previous 24 hours;
Fever: greater than 101 degrees F. rectally or 100 degrees F.
orally or axillary;
Severe coughing: child gets red/blue in the face or produces
whooping or croupy noise after cough;
Purulent conjunctivitis (pink eye);
Jaundice: yellowing of skin or white part of eye;
Rash with fever or behavior change;
Other symptoms of possible severe illness, such as unusual
lethargy, irritability, persistent crying, difficulty with breathing,
persistent abdominal pain.
3. Food Services
a. All food shall be transported, stored,
prepared and served in a sanitary manner. All on-site food preparation and/or
use of multi-service utensils shall have prior approval by the
Division.
b. Children may be
permitted in meal preparation areas when supervised.
c. The food preparation area shall not be
used for other activities when food or drink is being prepared or
served.
d. Live animals shall not
be kept or allowed in any rooms where food or drink is being
prepared.
e. Hot and cold water
under pressure shall be available in all rooms where food or drink is prepared
or utensils are washed.
f. All
kitchen sinks shall be equipped with individual cloth or paper towels and soap
for handwashing by food service personnel.
g. Surfaces coming into contact with food or
drink shall be easily cleanable, in good repair, and shall not be made of toxic
material.
h. Kitchen facilities
shall be maintained in a sanitary condition, free of dust, insects and other
contaminants.
i. No wastewater
pipes shall be located over food preparation, storage or serving
areas.
j. All readily perishable
food or drink, including that brought by children, shall be refrigerated at or
below 45 degrees (F), 7 degrees (C), except when being prepared or
served.
k. Food and containers of
food shall be labelled and dated and stored in the refrigerator in order to
permit free circulation of cool air, and in such a manner as to prevent
contamination.
l. Frozen foods
shall be stored at 0 degrees (F) (-17C) or below.
m. Readily perishable food not in its
original container shall be stored in the refrigerator in covered shallow pans
not more than 3" in depth to promote rapid cooling.
n. All readily perishable food shall not be
kept at room temperature for more than 1 hour while being prepared or
served.
o. Fresh fruits and
vegetables shall be thoroughly washed before use.
p. All readily perishable or readily
contaminated frozen food shall be thawed at or below 45 degrees F. (7C) or
above 150 degrees F. (60C).
q. All
readily perishable or readily contaminated hot food shall be kept at 150
degrees (F) (60C) or above.
r. All pork and pork products, chicken and chicken products,
shall be cooked until all signs of redness have disappeared.
s. All milk, fluid milk products, ice cream
and frozen desserts shall be pasteurized and obtained from sources approved by
the Vermont Department of Agriculture.
t. Any food served to a child shall not be
served to another child.
u. All
utensils, equipment and food shall be stored in a clean, dry place, free from
insects, dust and other contamination, and shall be handled in such a manner as
to prevent contamination.
1. All containers
and utensils shall be stored 18" off the floor if stored openly. Dishes shall
be stored in closed space. Cupboards shall be clean.
2. Utensils shall be covered or inverted when
not in use.
3. Containers and
utensils shall not be handled on the surfaces which come in contact with food
or drink.
4. Paper cups, plates,
straws, spoons, forks, and other single service containers and utensils shall
be purchased in sanitary cartons and stored in a clean and dry place until
used. After removal from the cartons, these articles shall be placed in
dispensers or stored so that the food contact surfaces are not exposed to
sources of contamination; single service utensils shall be used only
once.
5. All machinery and
equipment in connection with the operation of the kitchen shall be so
constructed and arranged so as to be easily cleanable and shall be kept in good
repair.
6. Enamelware and cracked
or chipped china or glassware shall not be used.
7. All foods shall be stored in plainly
labeled, dated and rodent proof containers.
8. All foods that are contaminated shall be
disposed of promptly. Swelled, rusty, dented or leaky canned food or drink
shall be disposed of promptly.
v. When multi-services utensils are used a
mechanical dishwasher shall be equipped with a rinse cycle of 140 degrees (F)
(57C). This shall be installed and operated according to the manufacturer's
recommendations.
1. In a day care center
serving 12 or fewer children, a family kitchen in good repair shall be
acceptable. A domestic dishwasher is acceptable for washing dishes.
w. When a dishwasher is not
available and single service items are not used; a three compartment sink with
adequate space for drainboards shall be required for the dishwashing, rinsing
and sanitizing of dishes and utensils. Dishes, shall be washed in hot, clean
water (120 degrees F. 49 C), rinsed in hot, clean water and immersed for two
minutes in sanitizing rinse. One and 1/4 teaspoons of chlorine bleach must be
used for each gallon of water during the sanitizing rinse. Handwashed dishes
shall be air dried.
1. In a day care center
serving 12 or fewer children, when a dishwasher is not available, there shall
be a two compartment sink with adequate space for drainboards, and dishes shall
be washed subject to the procedures stated in Section w above.
x. Food may be prepared in an
approved facility and transported to the program in appropriate sanitary
containers and at appropriate temperatures.
y. Milk or food, if heated, shall be served
to children only after contents have been shaken (if liquid) and
tested.
z. The facility staff shall
practice good hygiene when handling food. Staff with diarrhea shall not work in
the food preparation area. Staff with open sores that cannot be covered shall
not prepare food.
4.
Handwashing
a. Staff shall wash hands with
soap under warm running water:
1. before
preparing or serving food;
2.
before feeding a child;
3. after
assisting a child with toileting;
4. after cleaning up after a sick child or a
bloodspill.
5. after
toileting.
6. after handling
animals.
b. Children
must wash hands with soap under warm running water:
1. before they eat;
2. after they use the toilet;
3. after handling animals.
c. Staff shall wash the hands of
children who are unable to wash themselves.
5. Illumination
a. Areas licensed as indoor usable space for
children, except sleeping areas, shall have artificial lighting available that
provides a minimum of 50 foot candles of light 24" above the floor. Other areas
must provide a minimum of 30 foot candles over the entire room.
b. Stairways shall be well-lighted and
equipped with handrails.
6. Laundry
a. Wet or soiled clothing shall be changed
promptly.
7. Medication
a. Prior to giving prescription medication to
a child, written permission from the parent shall be obtained specifying reason
for medication, dosage, content and schedule. Prescription medication shall
only be given when:
1. the prescription is
for the child;
2. the medication is
clearly labeled as to dosage, content, schedule, is in its original container
and the date is current;
3. dosage
does not exceed the recommended dosage on label.
b. Written parental permission shall be
acquired for dispensing non-prescription medication. Parent are to be notified
in advance when non-prescription medications are to be used. Parents may grant
general authorization for topically applied non-prescription
medications.
8.
Nutrition
a. There shall be no more than
three hours between the serving of meals and snacks.
b. Children shall receive meals and/or snacks
according to the following:
|
Hours of Care
|
Minimum Meals and/or Snacks that shall be
served.
|
|
12 Hours
|
2 Meals and 2 Snacks
|
|
8 Hours or more but less than 12
Hours
|
1 Meal and 2 Snacks or 2 Meals and 1
Snack
|
|
4 Hours or more, but less than 8
Hours
|
1 Meal and 1 Snack
|
|
4 Hours or less
|
1 Snack
|
|
8-10 Hours of Night-time Care
|
2 Snacks or Meals if child is present at standard
mealtime Hours.
|
c.
Snacks provided by the parents which are subject to rapid deterioration or
spoilage shall be refrigerated upon arrival at the facility.
d. When the child care facility provides
meals, menus of the previous 6 weeks shall be on file for inspection and the
menus for the current week shall be posted.
e. When furnished by the facility, snacks and
meals shall be wholesome, adequate, nutritious and in appropriate portions.
Snacks shall consist of foods belonging to at least two (2) food groups and
meals shall consist of foods belonging to at least three (3) food
groups.
e.
1. When meals/snacks are furnished by the
parent, parents shall be encouraged to provide appropriate portions of food
which is adequate and nutritious.
f. Sufficient food shall be available for
second servings at meals.
g. No
child shall be forced to eat.
h.
Powdered milk shall be used for cooking only.
i. Upon request, children shall be provided
with water for drinking.
j.
Medically required special diets, formulas or food supplements shall be given
to children only after obtaining written instructions from the child's
parent(s) and registered dietician or physician.
k. A child shall be provided a special diet
only upon written authorization and direction by the parent.
9. Outdoors
Outdoor areas shall be well drained and free from depressions
in which water may stagnate.
10. Plumbing
a. Approval for new interior plumbing or
renovation must be obtained through the Department of Labor and Industry. The
plumber performing the work must file a Plumbers Work Notice before beginning
work, as well as comply with all other Labor and Industry notification
requirements while performing the work (unless the municipality is
exempt).
b. All building wastewater
pipes shall be connected to a public sewer when there is one
available.
c. All plumbing shall
comply with the applicable plumbing code and be designed and installed to
prevent contamination of the water supply through interconnections and/or
back-siphonage from fixtures and equipment and to prevent contamination of
food, drink, food bearing surfaces, utensils and equipment.
d. Prior to licensure approval of water
supply and wastewater disposal system must be granted by the Department of
Environmental Conservation.
11. Poisons
a. All poisonous substances, including
aerosol sprays shall be inaccessible to children and used
appropriately.
b. Drugs, alcohol
and other medications shall be clearly labelled and shall be inaccessible to
children.
12. Premises
a. Roofs, exterior walls, doors, skylights,
and windows shall be weathertight and in sound condition and good
repair.
b. Floors, interior walls,
ceilings, and windows shall be maintained in good repair. All painted surfaces
accessible to children shall be smooth and easily cleanable and free of toxic
material. Lead-base paint is prohibited.
c. Prior to initial licensure of an existing
building an assessment shall be performed by a person certified by the Vermont
Department of Health to determine (1) if Asbestos Containing Material (ACM) is
present; and, (2) if ACM is present, to ascertain the condition of such
material. A copy of the assessment shall be made part of the initial license
application. If abatement recommendations (repairs, enclosure, encapsulation or
removal and clean up) are made, then recommendations must be corrected prior to
licensure. When recommendations such as these are made, the Vermont Health
Department Asbestos Control Program shall be notified by the applicant and, of
warranted, a site visit may be made to determine the necessity of the
recommendations.
d. The center's
air conditioners, electric fans, and heaters must be mounted out of the
children's reach or have safeguards which prevent children from being
injured.
e. There shall be
railings, easily reachable by children, on stairs, porches and platforms more
than 2 feet above the ground.
f.
The premises shall be cleaned at least daily.
g. Stairs, ramps, walks and porches shall be
maintained in a safe condition relative to the accumulation of water, ice, snow
or other hazards.
h. Bathroom and
kitchen floors and molding surfaces shall be constructed and maintained so as
to be reasonably impervious to water and to permit the floor to be easily kept
in a clean condition.
i. Garbage
and refuse shall be stored in insect and rodent proof containers with secure
fitting lids.
j. Garbage and refuse
shall be removed from the building at least daily, and removed from the
premises at least weekly.
k.
Reasonable efforts shall be made to keep the center free of insects and
rodents.
l. Dumpsters, garbage cans
or highly flammable materials are prohibited from the outdoor play area.
Covered trash cans are permitted.
m. Devices that constantly diffuse air-borne
chemicals that are harmful to humans are prohibited.
n. When 220-volt electrical connections are
within the children's reach, the SAC must cover them a screen or
guard.
o. Low shelves and doorknobs
shall be washed and disinfected so as to minimize the spread of
illness.
p. Step stools for
children shall be required if lavatories (hand sinks) are installed at other
than child height.
13.
Smoking
a. Smoking is prohibited on the
premises or in view of the children.
14. Temperature
a. A minimum draft-free temperature of 68
degrees F. one foot above the floor must be maintained in areas of the facility
used by children. Indoor gross motor areas not counted in the indoor square
footage measurement are exempt from this 68 degree F. provision.
15. Toilets and Toileting
a. There shall be a conveniently located
toilet and sink for every 15 children or portion thereof. Toilets are to be
used only by children, parents, staff and volunteers of the center.
b. Bathrooms are to be kept clean and in good
repair with adequate lighting and ventilation.
c. Ventilation from the bathroom to the
outside air must be by a screened window or electric exhaust fan.
d. Children shall have free access to toilet
facilities when needed.
e. Toilets
are to be cleaned and disinfected daily.
f. Toilet paper shall be available at all
times at each toilet and be properly dispensed through a dispenser.
g. Toilets are to be flushed after each
use.
h. Lavatories shall have hot
and cold running water which emanate from a single spigot.
i. Soap and paper towels shall be available,
properly dispensed and accessible to the children at each lavatory (hand
sink).
j. The facility shall have a
continuous program to instruct the children in the proper and sanitary use of
toilet facilities.
k. Staff shall
assure that children use only those toilet articles belonging to or
individually assigned to them.
16. Ventilation
a. All rooms shall have at least one openable
(screened in the summer) window unless artificial ventilation is used as a
supplement or substitute; minimum ventilation shall be 4 cfm per
occupant.
b. All rooms must be
sufficiently ventilated to be reasonably free of disagreeable odors,
condensation, and toxic gases.
c.
Doorways to the outside which are open, excluding fire doors, must be
screened.
17. Water
a. Water from a public water system must be
in compliance with the Vermont Department of Health's "Public Water System
Regulations" and/or applicable Department of Environmental Conservation
Regulations.
b. Private water
systems shall be capable of furnishing an adequate supply of potable water at
pressure necessary to sustain equipment during all hours of operation. A
minimum residual pressure of 20 pounds per square inch is required during
maximum draft at faucets.
c.
Drilled wells must be capped at least 18 inches above the ground. Springs must
have tightfitting metal or concrete tops.
d. The temperature of hot water available to
children shall not exceed 120 degrees F.
e. Water supply employing water haulage (tank
truck haulage, containers, etc.) in the distribution system will be approved
only in emergency situations. Prior approval must be obtained from the
Division.
Section
L Training
1. Program directors
and head teachers shall receive at least 9 hours of training per
year.
2. Paid staff who are
included in the staff/child ratio shall receive at least six hours of training
a year the majority of which shall be related to the care and development of
the children in their care. This training is in addition to any infant/child
CPR certificate or recertification.
3. At least two of the six hours of required
staff raining shall focus on the skills and competencies related to the ages or
developmental stages of the children in the caregiver's group.
4. It shall be the responsibility of the
Licensee or Director to provide, or arrange for the provision of in-service
training. In addition, the Licensee or Director shall disseminate information
about training meetings in the area and shall encourage staff to attend
workshops or meetings which will benefit them.
5. The Director shall be responsible for
obtaining appropriate training for staff caring directly for children with
special needs.
6. The Department
may determine whether additional training or technical assistance is needed in
order to achieve compliance with these regulations. When such a determination
is made, the training/technical assistance must be completed prior to the
re-issuance of future licenses.
Section M Relationship Between Licensee and
the Division
1. All notices of violation shall
be posted in a place in the facility where parents can see and read
them.
2. When violations are found
to exist, the Department may offer a Licensee the opportunity to develop a
program improvement plan whereby the violations will be corrected within a time
period specified by the Division. Such opportunity may not be provided when the
violation poses risk of harm or is of a repeated nature.
3. The Licensee shall notify the parent of
each enrolled child, by mail, of a serious violation. In the case where the
child's parents are separated or divorced, a copy shall be mailed to each
parent if both are known and the SAC has a relationship with both
parents.
4. No later than 15 days
after employing a person, the Licensee or his/her designee shall furnish the
Division with the name, birthdate, place of birth and social security number of
that person. No person can end probationary status until the Division has
informed the Licensee that the staff person does not have an abuse or criminal
history which would preclude his/her presence at an SAC.
5. Upon request, a Licensee shall provide the
Department with a list of the names, addresses and telephone numbers of
families served during the prior twelve months and dates of attendance for each
child served. The Division shall contact the Licensee by telephone, or in
writing, to inform the Licensee of the request.
6. The Licensee shall permit visits,
inspections and examinations of the Licensed Facility, its records, equipment
and materials at reasonable hours by representatives of the Division.
7. The Division may deny the issuance of a
license if it has found that the person who has submitted the application has
not complied with these regulations.
8. The Division may attach conditions to a
license or issue a provisional license when conditions warrant.
9. When a Licensee has made timely and
sufficient application for license renewal, the existing license does not
expire until the application for license renewal has been acted upon by the
Division.
10. A Licensee or
applicant providing false information or who causes the Division to receive
false information, may have their license denied, suspended and/or
revoked.
11. A violation of any
section of the law or regulations regarding a Licensed Day Care Facility may be
cause for the revocation of the license.
12. When there is reason to believe that the
health, safety or well-being of children in care is immediately imperiled, the
license may be suspended.
13. The
Division may notify parents of enrolled children of its action or proposed
action in the event that that the license has been suspended or is the subject
of an intended revocation.
14. An
intention of the Division to revoke, or a decision to suspend, shall be
communicated in writing, and shall set forth the facts of conduct the Division
believes warrants the intended action. This notice shall contain the Licensee's
rights to a hearing and an appeal:
a. If the
Licensee is aggrieved by the intended action, he or she must indicate to the
Department or the Human Services Board that they wish to challenge the action
within thirty (30) days from the date of the mailing of the Division's letter
of intended action.
b. Such a
grievance shall also be considered a request for a hearing and fair hearing
before the Human Services Board pursuant to
3 VSA 3091. If the
Licensee has not already requested a fair hearing, the Division shall notify
the Board of the Licensee's request.
c. Within fifteen (15) working days of the
receipt of the grievance the Commissioner shall schedule a review of the
intended action and provide the Licensee with an opportunity to be heard with
regard to the intended action.
d.
The Licensee may submit a written response to the letter of intended action or
may present her/his position to the Commissioner, or her/his designee, in
person or through an attorney or other representative. At that time the
Licensee may bring witnesses, documents or present any other evidence in their
behalf.
e. The burden of proving
facts alleged as the basis for the intended action shall be on the
Department.
f. After the hearing
the Commissioner shall notify the Licensee in writing of the decision of the
Department regarding the intended action. If the Commissioner decides that the
intended action should take place, an appeal will be conducted according to the
rules of the Human Services Board. Notice of the Department's intended action
shall be posted in a place where parents can see and read it.
g. Unless the license has been suspended, it
shall remain in effect until the Human Services Board enters its final decision
on the appeal.
15. The
SAC shall have a written policy which is known to all staff which requires the
Licensee as well as staff who have a reasonable cause to believe that any child
has been abused or neglected to report or cause a report to be made to the
Department within 24 hours. If staff has followed the written policy of the SAC
in making abuse reports, then the Licensee may not terminate the employment of
or take any other adverse action toward the staff person for making the
report.
16. The Licensee or his/her
designee shall not discharge, demote, transfer, reduce pay, benefits or work
privileges, prepare a negative word performance evaluation or take any other
action detrimental to any employee because the employee filed a good faith
report regarding suspicion of abuse.
17. The staff shall distribute materials and
information relevant to child care, development, health and safety as requested
by the division.
18. A Licensee who
is licensed to provide child care in their residence may not provide respite
care for foster children, or foster care, either licensed or provisional,
except that they may provide respite or short term foster care to a child who
is already enrolled in their licensed facility.
