FOREWORD
Child Care Licensing Regulations govern child care facilities
and programs in the State of Vermont. These rules are minimum requirements
established to protect the health and safety of Vermont's children in
out-of-home care and ensure that children in care, early education and
afterschool programs in Vermont are provided with wholesome growth and
educational experiences.
From September 2018 to April 2019, the Child Development
Division worked with a Public School Prekindergarten Program Work Group to
revise these regulations with the goal of reducing duplication. The work group
consisted of Public School Prekindergarten Program representatives and
stakeholders (e.g. Head Start representatives, Agency of Education
representatives, and Let's Grow Kids representatives). The group reviewed
approximately 59 Center Based Child Care and Preschool Program regulations.
While the work group recommended many regulations remain the same after
learning that the regulations were not duplicative, the work group recommended
24 regulations be revised. Revisions have been applied within the various
sections of the regulations when application across environments applied.
Section 8.2 had 9 regulations added due to being specifically relevant to
Public School Prekindergarten Programs.
Revisions to the rules reflect an understanding of current
scientific evidence related to how children learn and develop. The rules also
reflect industry standards and realities in implementing child care and early
education program practices that impact the health, safety and well-being of
children. The rules incorporate changes in the organization of Vermont state
agencies responsible for licensing and monitoring; changes in applicable state
and federal legislation and regulations from other related governing entities;
the use of information technology in government and program administration; and
the evolving system of early childhood and afterschool services in
Vermont.
It is the intent of the Department for Children and Families,
Child Development Division in the Vermont Agency of Human Services that
licensing requirements are clear, reasonable, fair, and enforceable and keep
children and their families at the center of our concern. In the interests of
serving the public, comments on the rules are welcome at any time and will be
considered for future revisions or the
MISSION
The mission of the Child Development Division is to improve
the well-being of Vermont's children. We do this through partnerships with
families, communities, schools, providers, and state and federal agencies that
increase access to high-quality, sustainable, child development
services.
CBCCPP Section 1 Introduction.
1.1
Legal Authority to
Regulate Service: A person shall not operate a child care
facility without a license unless exempted under 33 V.S.A. §§ 3502.
The legal authority for these regulations is 33 V.S.A. §§§§
105.(b) and 3502.
1.2
Purpose: The purpose of these regulations
is for the protection and promotion of the health, safety, well-being, positive
growth, and development of children who receive services in Center Based Child
Care and Preschool Programs. These regulations reflect the baseline or minimum
standards for these programs regulated in Vermont. All regulated programs shall
have the option of exceeding the regulations set by the Department for Children
and Families.
1.3
Effective Dates:
1.3.1 These rules will go into effect for all
initial applications for licensure as a Center Based Child Care and Preschool
Program received on or after September 1, 2020.
1.3.2 These rules will go into effect for all
Center Based Child Care and Preschool Programs with a current license on
September 1, 2020.
1.3.3 All
licensees who hold a current license to operate a Center Based Child Care and
Preschool Program on September 1, 2020 shall read these finalized rules and
ensure full understanding of these rules prior to December 1, 2020.
CBCCPP Section 2 General Provisions.
2.1
Definitions of
Regulated Service and Limitations
2.1.1 A Center Based Child Care and Preschool
Program provides developmentally appropriate care, education, protection, and
supervision that are designed to ensure wholesome growth and educational
experiences for children outside of their own homes for periods of less than
twenty-four (24) hours per day. A Center Based Child Care and Preschool Program
operates as a business or service on a regular or continuous basis, whether or
not for compensation. Pre-kindergarten programs operated by public and private
schools are considered Center Based Child Care and Preschool Programs. Programs
providing child care services to non-recurring clientele are considered Center
Based Child Care and Preschool Programs.
2.1.2 The following facilities that operate
for less than twenty-four (24) hours per day shall be exempt from licensure
under these rules:
-- Child care provided for children of not more than two (2)
families other than that of the person providing care;
-- A hospital or establishment holding a license issued by
the Department of Health, or a person operating a program primarily for
recreation or therapeutic purposes, unless the hospital, establishment, or
person provides services for the care, protection, and supervision of children
not incidental to its primary purpose;
-- Child care facilities operated by a religious organization
for the care and supervision of children during or in connection with religious
services or church sponsored activities;
-- An after-school program that serves students in one (1) or
more grades from Kindergarten through secondary school, that receives funding
through the 21st Century Community Learning Centers Program, and that is
overseen by the Agency of Education, unless the after-school program asks to
participate in the Child Care Financial Assistance Program; and
-- Recreation programs that provide services that:
-- Operate less than four (4) hours per day and not more than
thirteen (13) weeks a year for children ages three (3), four (4) and five (5)
years old;
-- Operate for not more than thirteen (13) consecutive weeks
for children that have completed Kindergarten or will reach six (6) years of
age by September 1st of the year enrolled;
-- Operate for not more than four (4) hours one (1) day per
week or not more than two (2) hours two (2) days per week; or
-- Operate to provide a single skill based activity for
children ages three (3) years or older.
2.1.3 Non-Recurring Care Services and Public
School Pre-kindergarten Programs have exceptions for certain specific rules in
these regulations. The exceptions for Non- Recurring Care Services are in the
rules in section 8.1 of these regulations. The exceptions for Public School
Pre-kindergarten Programs are in the rules in section 8.2 of these regulations.
2.1.3.1 Non-Recurring Care Services are
designed to meet the short term, temporary child care needs for some or for all
children enrolled in the program.
2.1.3.1.1 A
program open for not more than six (6) months every 365 days shall have a term
placed on the license that states all exceptions in the rules in section 8.1 of
these regulations apply to all children enrolled and staff.
2.1.3.1.2 A program open for more than six
(6) months every 365 days shall have two terms placed on their license:
-- All exceptions in the rules in section 8.1 of these
regulations shall apply only to the children whose enrollment forms and
attendance records indicate that they are enrolled in non-recurring care
services.
-- All exceptions in the rules in section 8.1 of these
regulations shall apply only to the staff whose employment file and staffing
schedule indicate that they are employed as seasonal staff.
2.1.4 Any person or
entity registered or licensed to operate a Family Child Care Home shall be
prohibited from concurrently operating a Center Based Child Care and Preschool
Program or an Afterschool Child Care Program.
2.1.5 Children in a regulated Center Based
Child Care and Preschool Program shall not be subjected to abuse, neglect,
mistreatment, or immoral surroundings.
2.2
Definitions of Terms
Used in Regulations
2.2.1
"Annual Licensing Requirements" refers to compliance activities that shall be
completed every 365 days within the three (3) year license period.
2.2.2 "Auxiliary Staff" means the staff of
the Center Based Child Care and Preschool Program who may have contact with
children and whose responsibilities do not include care and education of
children. This includes, but is not limited to, cooks, janitors, maintenance
workers, and other staff not directly responsible for the supervision, care and
education of children.
2.2.3
"Bright Futures Information System" referred to as "BFIS" in these regulations,
means the web-based information and management system used by the Division to
communicate with child care and education providers and parents. It is used to
manage processes, actions, documents and information related to: child care and
early education licensing; the qualifications and professional development
experiences of early childhood and afterschool professionals; and Child Care
Financial Assistance Program and other payments.
2.2.4 "Business Manager" means a staff or
board member that has direct responsibilities for the sustainable business
operation and financial management of the Center Based Child Care and Preschool
Program.
2.2.5 "Capacity" means the
total number of children allowed to be present at any one (1) time as approved
on the license.
2.2.6 "Center Based
Child Care and Preschool Program" referred to as the "CBCCPP" in these
regulations, means the program and facility approved to provide developmentally
appropriate care, education, protection, and supervision designed to ensure
wholesome growth and educational experiences for children outside of their home
for periods of less than twenty-four (24) hours per day. A CBCCPP license is
specific to a physical location where services are provided.
2.2.7 "Child" for the purposes of these
regulations, means a person who is at least six (6) weeks old and has not
reached the age of thirteen (13) years.
2.2.8 "Child with Special Needs" means (a) a
person under the age of thirteen (13) who is eligible for special services in
accord with a Children's Integrated Services One Plan, Individual Family
Service Plan (IFSP), or an Individualized Education Plan (IEP) or a 504 Plan
who may need special accommodations to be successful in a CBCCPP OR (b) a
person who is age thirteen (13) up to age nineteen (19) who has an IEP or a
documented physical, emotional or behavioral condition that precludes the
person from providing self-care or being left unsupervised, as verified by the
written record of a physician, licensed psychologist or court records.
2.2.9 "Classroom Aide" means a
person assigned to work with a specific child or group of children in addition
to the staff who count in staff/child ratios.
2.2.10 "Cleaning" means the removal of all
dirt and debris by washing with a detergent solution in accordance with the
manufacturer's directions.
2.2.11
"Commissioner" means the Commissioner of the Department for Children and
Families or designee.
2.2.12
"Condition" means a time limited requirement to which the licensee shall
achieve compliance prior to the completion date listed on the license
certificate.
2.2.13
"Confidentiality" means the protection of personal information, including
health information from persons who are not authorized to see or hear
it.
2.2.14 "Corporal Punishment"
means the intentional infliction of physical pain by any means for the purpose
of punishment, correction, discipline, instruction, or any other
reason.
2.2.15 "Curriculum" means
goals for the knowledge and skills to be acquired by the children and the
activities and experiences through which such knowledge and skills are
achieved.
2.2.16 "Department" means
the Vermont Agency of Human Services, Department for Children and Families,
and/or its agents.
2.2.17
"Developmentally Appropriate" means practices grounded in research on how young
children develop and learn. It means providing activities and interactions
suitable to children's age and developmental status, as individuals and as a
group, and providing support for each child in attaining challenging yet
achievable goals that contribute to his/her unique, ongoing development and
learning. Such practice is responsive to the social and cultural contexts in
which children live.
2.2.18
"Disinfecting" means to destroy or inactivate most germs on objects or
surfaces. Disinfecting is appropriate for non-porous surfaces that will not be
in contact with food or be mouthed by children.
2.2.19 "Division" means the Vermont
Department for Children and Families, Child Development Division.
2.2.20 "Experience" as used in relation to
qualifications, means experience working with groups of children birth through
school age as a paid professional or a consistent and regularly scheduled
volunteer or trainee.
2.2.21
"Group" means the number of children
-- Who meet together regularly;
-- Can be identified with one another as being distinct from
the larger population of children present; and
-- Are assigned to a consistent staff member or team of staff
members.
2.2.22 "Health Care
Provider" means someone who practices medicine with or without supervision, and
who is licensed by an established licensing body. The most common types of
health care professionals include physicians, nurse practitioners, nurses, and
physician assistants.
2.2.23 "Human
Services Board" as defined in 3 V.S.A. §§ 3090-3091.
2.2.24 "Individual Professional Development
Plan" referred to as "IPDP" in these rules, means a current personalized plan
for increasing one's knowledge and improving skills in the field of child
care
2.2.25 "Infant" means a child
who is at least six (6) weeks and under thirteen (13) months of age.
2.2.26 "Kindergarten" means a one (1) year
educational program designed to meet the needs of children who will attend
first grade the following school year.
2.2.27 "License" means the official document
that certifies that a licensee has been granted permission by the State to
operate a CBCCPP in accordance with the law and the regulations of the
Department.
2.2.28 "Licensed Space"
means the indoor and outdoor space approved by the Division as useable space
where children may be present.
2.2.29 "Licensee" means the person,
corporation or other legal entity named on the license who submits an
application and/or has been approved to operate a licensed CBCCPP, is
responsible for the operation of that CBCCPP and considered legally responsible
for compliance with these regulations.
2.2.30 "Non-Recurring Care Services" referred
to as the "NRCS" in these regulations, means a program that provides child care
designed to meet the short term, temporary child care needs of parents arising
from, but not limited to tourism, recreation, or shopping.
2.2.31 "Northern Lights at Community College
of Vermont" referred to as the "Northern Lights at CCV" in these rules, is
Vermont's professional development system for early childhood and after school
professionals.
2.2.32 "Parent"
means a birth or adoptive parent, legal guardian, foster parent, or any other
person having responsibility for, or legal custody of a child.
2.2.33 "Parental Notification Letter"
referred to as "PNL" in these rules, means a written notification from the
CBCCPP to the parent(s) of enrolled children, delivered securely, as required
by 33 V.S.A. §§ 151(7) indicating that a staffing or serious health
or safety violation has been identified by the Division.
2.2.34 "Partner Staff" means a person
employed by another entity, other than the CBCCPP, who works with a child or
group of children within the CBCCPP.
2.2.35 "Pattern of non-compliance" means an
increased number of licensing visits with repeated systemic violations with
immediate and/or direct impact on the health, safety, and development of
children; and/or there are three (3) or more violations with similarities that
indicate systemic noncompliance over time.
2.2.36 "Pre-kindergartener" means a child who
is thirty-six (36) months of age up until school age.
2.2.37 "Professional Development" means
learning and support activities, designed in accordance with adult learning
principles that prepare and enhance individuals in their work with children and
their families and lead to improvements in practitioner knowledge, skills, and
practices.
2.2.38 "Program" means
all activities related to the provision of child care and education in the
CBCCPP.
2.2.39 "Program Director"
means the staff member, who is directly responsible for the CBCCPP's daily
operations and services to children and their families, for the development or
approval of the CBCCPP's program and curriculum, and for supervision of staff
and volunteers.
2.2.40 "Program
Improvement Plan" means the set of actions to be taken by the CBCCPP to come
into full or substantial compliance with these rules when violations have been
cited.
2.2.41 "Provisional License"
means a non-renewable license issued by the Division to a currently licensed
CBCCPP or a prospective licensee who is not fully compliant with these rules
but is likely to achieve full compliance within a predetermined time period set
by the Division not to exceed one (1) year.
2.2.42 "Public School Pre-kindergarten
Program" referred to as "PSPP" in these regulations, means a licensed CBCCPP
for which the licensee is a public school system also overseen by the Vermont
Agency of Education.
2.2.43
"Revocation" means the formal licensing action of closing a license to operate
a CBCCPP due to serious violations, a pattern of non-compliance with these
rules, and/or non-compliance related to statutes. A CBCCPP may continue to
operate while a decision of an appeal made to the Human Services Board is
pending.
2.2.45 "Sanitizing" means
to reduce germs on objects and surfaces to levels considered safe by public
health codes. Sanitizing is appropriate for surfaces that are in contact with
food or anything that children may place in their mouths.
2.2.46 "School age" means a child who is five
(5) years of age or older and currently attending kindergarten or has completed
kindergarten or a higher grade.
2.2.47 "Screen Time" means the time spent
watching television, videotapes, DVDs, playing video games, using computers
(including handheld devices), and surfing the internet.
2.2.48 "Seasonal staff" means staff employed
by the CBCCPP to work exclusively during a time limited portion of the year,
not to exceed six (6) months every 365 days, due to non-recurring care
services.
2.2.49 "Sensory" means
the intentional and concrete means of supporting each child's individual
learning style by providing opportunities to learn through the five (5)
senses.
2.2.50 "Serious Violation"
means a violation of group size or staffing requirements or violations that
immediately imperil the health, safety or well-being of children. Serious
violations may also include corporal punishment, lack of supervision, or
inappropriate physical or sexual contact.
2.2.51 "Single use towel" means a cloth towel
that is used by one (1) child or adult for a single hand washing. The towel is
then placed in a hamper or other container to be laundered; or a single use
cloth towel may be assigned to a specific child or adult to be used for
multiple hand washings. The towel is then placed in a hamper or other container
to be laundered at the end of each day.
2.2.52 "Single service items" means items
used to prepare, serve, or consume food that are used only one time and then
are disposed.
2.2.53 "Staff" means
all persons employed by or substituting at the CBCCPP as a program director,
teacher, teacher associate, teacher assistant, trainee, classroom aide, or
seasonal staff. If a licensee (such as Head Start) has a contractual
relationship with another entity (such as a school supervisory union) to
provide an individual to the licensee to serve as staff within the licensee's
CBCCPP and who will not be employed by the licensee, these individuals may be
defined as staff and shall have all CBCCPP regulations pertaining to staff
apply. Documentation of this contractual relationship shall be maintained at
the CBCCPP.
2.2.54 "Substitute"
means a staff member who is temporarily filling a position in a CBCCPP due to
the absence or lack of a regularly employed staff member.
2.2.55 "Supervision" (of children) means the
knowledge of and accounting for the activity and whereabouts of each child
present and the proximity of staff to children at all times assuring immediate
intervention of staff to safeguard a child from harm.
2.2.56 "Supervision" (of staff, partner
staff, and volunteers) means performing monitoring and evaluation of staff,
partner staff, and volunteers (as required) that includes the observation of
interactions with children; implementation of CBCCPP policies, procedures and
curriculum; and adherence to requirements established in these rules.
2.2.57 "Suspension" means the formal act of
immediately removing a license to operate due to the immediate imperilment of
the health, safety, and/or well-being of a child or children attending the
CBCCPP. A CBCCPP may not continue to operate during a suspension action while a
decision of an appeal made to the Human Services Board is pending.
2.2.58 "Teacher" means a staff member, who is
responsible for a group of children, provides direct education and child care
services, develops and implements curriculum, and may supervise
trainees.
2.2.59 "Teacher
Associate" means a staff member, who is responsible for a group of children,
provides direct education and child care services, develops and implements
curriculum, and may supervise trainees.
2.2.60 "Teacher Assistant" means a staff
member, who provides direct education and child care services, and implements
curriculum. A teacher assistant may assist with developing curriculum and may
supervise a group of children for a limited portion of the day.
2.2.61 "Term" means a requirement to which
the licensee shall maintain compliance for as long as the requirement is listed
on the license certificate.
2.2.62
"Toddler" means a child between thirteen (13) through thirty-five (35) months
of age.
2.2.64 "Variance" means a
temporary exception to a rule granted by the Commissioner, or designee, in
circumstances when, in his/her judgment, the immediate or literal application
of a rule would result in unnecessary hardship for the licensee or for a child
and family and when the intent of the rule can be achieved by other
means.
2.2.65 "Violation" means a
breach or infraction of a licensing law or rule.
2.2.66 "Volunteer" means an unpaid person who
assists with children.
2.3
Licensing Process and
Procedures
2.3.1
Authority to Inspect
2.3.1.1 The prospective
licensee, the licensee, or CBCCPP staff shall allow access to the CBCCPP at
reasonable hours by any authorized representative of the Division, other state
agency, or any local building, fire or health agency for the purpose of
determining compliance with applicable provisions of these regulations. The
Division representative shall make a reasonable effort to announce their
presence and shall identify themselves upon entering the CBCCPP. The
prospective licensee, the licensee, or CBCCPP staff may request the
representative produce valid identification.
2.3.1.2 The prospective licensee, the
licensee, or CBCCPP staff shall permit visits, inspections and examination of
the CBCCPP, its records, equipment and materials relevant to determining
compliance with applicable provisions of these rules at reasonable hours by
representatives of the Division. Any records or reports required in these
regulations must be surrendered to a Division representative on request. The
Division representative shall make a reasonable effort to announce their
presence and shall identify themselves upon entering the CBCCPP. The
prospective licensee, the licensee, or CBCCPP staff may request the
representative produce valid identification.
2.3.1.3 The licensee shall allow
representatives of the Division to interview any staff members regarding
information relevant to determining compliance with these
regulations.
2.3.1.4 Upon request,
the licensee or program director shall provide the Division with a list of
names, addresses and telephone numbers of families served during the prior
twelve (12) months and dates and hours of attendance of each child served. The
Division may request this during a visit or contact the licensee by telephone
or in writing to make this request.
2.3.1.5 The licensee shall not interfere
with, impede, deter, provide false information or cause another to do any of
the aforementioned, or in any manner hinder the Department or its agent(s) in
an investigation or inspection.
2.3.2 Issuance of License
2.3.2.1 To qualify for a license, or a
license renewal, a prospective licensee or licensee shall demonstrate to the
satisfaction of the Division that the CBCCPP is in full or substantial
compliance with these regulations.
2.3.2.2 A license shall be issued only to the
licensee for the CBCCPP for which an application is made and for the address of
the CBCCPP's actual site.
2.3.2.3 A
license is valid only for the location listed on the license.
2.3.2.4 A license shall not be transferable,
assignable or subject to sale.
2.3.2.5 During the hours of operation, the
facility shall be used only for the purposes of providing CBCCPP services or
training.
2.3.3 Licensing
of an Organization with More than One (1) Site
2.3.3.1 A separate application shall be made
for each CBCCPP site location.
2.3.3.2 A CBCCPP that operates in two (2) or
more buildings at the same location shall have the option of applying for a
single license for all buildings or for separate licenses for each
building.
2.3.4 Posting
of License
The licensee shall post a current license to operate a CBCCPP
and a copy of the current CBCCPP Regulations in the licensed space where it is
clearly visible to parents, staff, and visitors. A null and void or out-of-date
license shall be immediately removed.
2.3.5 Nullification of a License
2.3.5.1 When a CBCCPP is sold, leased, or
discontinued; the operation has moved to a new location; or the license has
been revoked; the current license shall immediately become null and
void.
2.3.5.2 If the licensee
chooses to voluntarily close the CBCCPP, it is the responsibility of the
licensee to proactively contact the Division and surrender the license. Until
and unless official notification has been submitted to the Division through
BFIS; or until and unless the Division has taken definitive action to suspend
or revoke or deny renewal of a license; or until and unless the license has
expired with no application for renewal, the licensee shall be considered
legally licensed and responsible for compliance with these regulations
regardless of how many children are enrolled.
2.3.6 Complaint Procedure
2.3.6.1 The Division shall maintain the
capacity to receive and respond to complaints from the public regarding
regulated child care and early education providers. Division staff will assess
every complaint received to determine if it pertains to these
regulations.
2.3.6.2 An
investigation by the Division shall be made if a complaint is received
pertinent to compliance with these regulations. The Division shall notify the
licensee that a complaint is being investigated unless such information would
imperil an on-going and concurrent criminal or child abuse investigation. The
results of the investigation shall be reported in writing to the licensee. If
the complaint is substantiated or if any other violations are found as a result
of the investigation, the licensee shall be required to take corrective action
to come into full or substantial compliance with state law and these
regulations. Information, not otherwise confidential by law, about
substantiated complaints will be made available to the public on
request.
2.3.6.3 Complaints
relating specifically to laws, rules, or regulations of other governmental
entities shall be referred to the appropriate authority for investigation. At
the time of the referral, the Division shall request a report on the
investigation findings.
2.3.7 Types of Licenses
2.3.7.1 Full License:
2.3.7.1.1 A full license is issued when the
Division determines that the licensee is in full or substantial compliance with
applicable provisions of these regulations.
2.3.7.1.2 A full license is effective for
three (3) years from the date of issuance, unless it is:
-- Modified to a provisional license;
-- Revoked;
-- Surrendered prior to the expiration date; or
-- Suspended.
2.3.7.2 Provisional License:
2.3.7.2.1 A provisional license may be issued
when the Division determines that: there is no serious risk to the health,
safety, and well-being of the children, and
-- An emergency occurs that affects a licensee's ability to
be in substantial compliance with regulations;
-- The licensee has applied for approval of a change that
impacts their license;
-- The licensee has a pattern of non-compliance with these
regulations;
-- The licensee has applied for renewal and is not in
substantial compliance with regulations; or
-- An individual has submitted a new application for
licensure and full compliance has not been determined.
2.3.7.2.2 A provisional license is effective
for a period determined by the Division and specified on the license, not to
exceed one (1) year from the date of issuance, unless it is:
-- Modified to a full license;
-- Revoked;
-- Surrendered prior to the expiration date; or
-- Suspended.
2.3.7.2.3 A provisional license shall replace
a full license when the Division determines that one (1) of the conditions
specified in the rule 2.3.7.2.1 of these regulations has been met. Upon
issuance of a provisional license, the full license shall be expired by the
Division.
2.3.7.2.4 During the
provisional period, the licensee must implement a written regulatory compliance
plan that has been submitted to and approved by the Division.
2.3.7.2.5 A provisional license may be
replaced with a full license when the Division determines that the licensee has
come into full or substantial compliance with applicable provisions of these
rules in advance of the expiration date of the provisional license.
2.3.7.2.6 If the licensee is not able to come
into full or substantial compliance with applicable provisions of these rules
in advance of the expiration date of the provisional license, the license
expires and the licensee must re-apply and meet all requirements for the
issuance of a full license in order to provide care and education for children
in more than two (2) families other than their own.
2.3.8 Procedures for Initial
Licensure
2.3.8.1 Forms: A prospective
licensee shall apply for a license on forms provided and in a manner prescribed
by the Division.
2.3.8.2 Background
Check Requirements at Initial Licensure
2.3.8.2.1 The prospective licensee shall
submit a Records Check Authorization form for the licensee, every staff person
and auxiliary staff person to the Division with the initial application and
shall submit to fingerprinting at a location designated by the Division after
having received the Fingerprint Authorization Certificate by the
Division.
2.3.8.2.2 The Division at
its discretion, may use the results of a background check on file with the
Division as long as it has been completed within the last five (5) years and
instead of requiring a new background check.
2.3.8.2.3 For the purposes of this section,
and for any section of these regulations referencing a Records Check
Authorization form, such form shall be considered complete only when it has
been completed and includes at minimum all of the following: the full and
complete name(s) of the person subject to the record check; date of birth;
social security number; current telephone number; current home mailing address;
name and certificate number of the licensee; position; the name of all states
lived in; and a signature authorizing the background check to be
completed.
2.3.8.2.4 For the
purposes of this section, and for any section of these regulations referencing
a Fingerprint Authorization Certificate, such certificate shall be considered
complete only when it has been completed and signed by the Division and
includes at minimum all of the following: the full and complete name(s) of the
person subject to fingerprinting; date and place of birth; social security
number; current telephone number; the name of all states lived in; the
signature of the person subject to the fingerprinting; the name and address of
the Division to whom the fingerprinting results shall be forwarded.
2.3.8.2.5 The Division shall complete and
process all background check clearances as expeditiously as possible, but not
to exceed forty-five (45) days from the day the Vermont Crime Information
Center receives all documentation.
2.3.8.2.6 Based on the results of background
checks described in this section the following persons are prohibited and shall
not operate, be employed at, or be allowed unsupervised access to children at
the CBCCPP:
-- A person who is required to complete a background check
who refuses or knowingly makes a material false statement in connection with
such background check;
-- A person convicted of fraud;
-- A person convicted of a felony consisting of:
-- Murder,
-- Child abuse or neglect,
-- A crime against children, including sexual activity or
child pornography,
-- Spousal abuse,
-- A crime involving rape or sexual assault,
-- Kidnapping,
-- Arson,
-- Physical assault or battery, or
-- A drug related offense committed during the proceeding
five (5) years;
-- A person convicted of a misdemeanor offense against a
child or another person consisting of:
-- Violence,
-- Child abuse or neglect,
-- Child endangerment,
-- Sexual assault or activity,
-- Child pornography, or
-- Other bodily injury;
-- A person found by a court to have abused, neglected or
mistreated a child, elderly or disabled person, or animal;
-- An adult or child who has had a report of abuse or neglect
substantiated against them under Chapters 49 and 69 of Title 33 Vermont
Statutes Annotated; or
-- A person registered, or is required to be registered, on a
state sex offender registry or repository or the National Sex Offender Registry
established under the Adam Walsh Child Protection and Safety Act of
2006.
2.3.8.2.7 The
Department may determine a person as prohibited when there is information known
that indicates his/her action or behavior may present children enrolled with
risk of harm.
2.3.8.2.8 The
Division shall provide the result of the background check to the prospective
licensee that indicates whether the individual, for whom the background check
was completed, shall be prohibited as required in the rule 2.3.8.2.6 or rule
2.3.8.2.7 of these regulations without revealing the basis for the decision as
required in the rule 2.3.8.2.10 of these regulations and shall identify whether
a prohibited person is eligible to request a variance.
2.3.8.2.9 When the Division has determined an
individual to be prohibited as required in the rule 2.3.8.2.6 or rule 2.3.8.2.7
of these regulations, the Division shall provide the individual, for whom the
background check was completed, the result of the background check; the basis
for the decision; and the process by which the individual may challenge the
accuracy or completeness of the information contained in the basis for the
decision and whether the prohibition is eligible for a variance
request.
2.3.8.2.10 The Division
shall not share any information related to a background check with anyone other
than as required in the rule 2.3.8.2.8 or rule 2.3.8.2.9 of these
regulations.
2.3.8.2.11 Only
persons prohibited under rule 2.3.8.2.7 of these regulations or 2.3.8.2.6 of
these regulations for the following reasons are eligible to request a variance:
-- A conviction of fraud;
-- A drug related offense committed during the preceding five
(5) years;
-- A conviction of a misdemeanor offense against another
person consisting of:
-- Violence;
-- Other bodily injury;
-- A person found by a court to have abused, neglected or
mistreated a child, elderly or disabled person, or animal; or
-- Other information known to the Department. These
individuals may operate or be employed in a CBCCPP only when the prospective
licensee and the person involved, have obtained a written variance from the
Commissioner, or designee. The prospective licensee and the involved person
shall request a variance by submitting evidence of suitability or
rehabilitation to the Commissioner, or designee. The burden of proof is on the
prospective licensee and the involved person.
2.3.8.3 Program Director: Prior to initial
licensure, the prospective licensee shall ensure written documentation of
education, training and experience for the proposed program director is in the
proposed program director's BFIS Quality and Credential Account. This
documentation shall demonstrate how the proposed program director meets the
minimum requirements for qualifications established in the rules in section 7.3
of these regulations.
2.3.8.4 Lead
Poisoning Prevention: If the facility to be licensed was constructed prior to
1978 and has not been determined to be lead free by an inspector licensed by
the Vermont Department of Health, the prospective licensee shall comply with
the requirements of 18 V.S.A. Chapter 38 Vermont Lead Law prior to licensure
and shall ensure that Essential Maintenance Practices (EMP) have been
performed. Information from the EMP shall be included in the initial
application for licensure. An application may be denied on the basis of
children potentially exposed to lead as a health hazard.
2.3.8.5 Insurance Coverage: The prospective
licensee shall carry liability insurance of a reasonable amount for its own
protection and for the protection of children attending the CBCCPP. Evidence of
insurance coverage shall be provided to the Division. Transportation insurance,
if applicable, shall cover property damage, bodily injury and
liability.
2.3.8.6 The prospective
licensee shall meet all applicable requirements of the Vermont Division of Fire
Safety and the United States Americans with Disabilities Act.
2.3.8.7 The prospective licensee shall ensure
that the water and wastewater system used by the CBCCPP, if required by the
Vermont Water Supply Rule and/or Wastewater System and Potable Water Supply
Rules, as determined by the Department of Environmental Conservation, obtains
required permits. Required permits or documentation of an approved water system
shall be submitted with the initial application.
2.3.8.8 The prospective licensee shall ensure
that the drinking water system complies with the lead water testing
requirements according to 18 V.S.A. Chapter 24A and all relevant Vermont
Department of Health lead water testing regulations. Bottled water for
drinking, cooking purposes, and brushing teeth shall be provided until such
time as at least one (1) outlet meets the Vermont standards and in compliance
with CBCCPP rule 5.10.2.1.2.
2.3.8.9 If a prospective licensee is not
required to have a drinking water permit related to the Vermont Water Supply
Rule as in rule 2.3.8.7 of these regulations, then the prospective licensee
shall ensure a system of potable water is maintained.
-- Potable water testing shall include bacterial
(presence/absence of total coliform), and chemical screening (arsenic, uranium,
nitrite, manganese, nitrate and fluoride). This testing shall be analyzed by a
Drinking Water Laboratory certified by the State of Vermont according to 18
V.S.A. § 501b.
-- Results shall meet Vermont standards. Water shall be
remedied and retested to ensure potability if any test(s) are elevated. Bottled
water for drinking shall be provided until such time as the drinking water
system meets Vermont standards.
-- The sample shall be a representative sample from the tap
most frequently used for drinking after any treatment (for example a UV light
system, a softener or charcoal filter).
-- Information from this water test shall be included in the
initial application.
2.3.8.10 As of the date of the application,
the prospective licensee shall certify that he/she is in compliance with 32
V.S.A. § 3113 by being in good standing with respect to, or in full
compliance with a plan approved by the Commissioner of Taxes, to pay any and
all taxes due to the State of Vermont.
2.3.8.11 As of the date of the application,
the prospective licensee shall certify that he/she is in compliance with 15
V.S.A. § 795 by being in good standing with respect to, or in full
compliance with a plan approved by the Vermont Office of Child Support, to pay
any and all child support due to the State of Vermont.
2.3.8.12 Zoning and Approvals for CBCCPP
2.3.8.12.1 The prospective licensee shall
meet all applicable requirements of the municipal zoning bylaws.
2.3.8.12.2 Zoning approval for the CBCCPP
shall be properly recorded in the municipal office in which the CBCCPP is
located, and a copy provided to the Division in the initial application. A
CBCCPP located in an approved public school or independent school building
shall be exempt from providing documentation to the Division in the initial
application.
2.3.8.12.3 The
prospective licensee shall ensure that the building is constructed, furnished,
maintained and equipped in compliance with all applicable requirements
established by Federal, State, local and municipal regulatory bodies.
2.3.8.13 Division Review and
Response: Upon receipt of a complete application, a Division representative
shall:
-- Review the application, confer with the prospective
licensee, make an inquiry, investigate and may inspect the premises to
determine whether the prospective licensee has fully or substantially complied
with the applicable provision of these regulations;
-- Make a timely decision regarding issuance of a license;
and
-- Inform the prospective licensee of the decision.
2.3.8.14 If a license to operate
is denied, the Division will notify the prospective licensee in writing of the
reason(s) for the denial and set forth the prospective licensee's rights to
appeal the decision.
2.3.9 Annual Licensing Requirements
2.3.9.1 Sixty (60) days prior to anniversary
of the CBCCPP current license, the Division shall send the licensee electronic
notice of the annual licensing requirements.
2.3.9.2 The licensee shall complete all
annual licensing requirements by the anniversary date of the CBCCPP current
license.
2.3.9.3 The licensee shall
ensure that all staff have met ongoing background check requirements by
submitting at least once every five (5) years a Records Check Authorization
form to the Division and as required shall submit to fingerprinting.
2.3.9.4 The Division shall conduct a
licensing visit at least once every 365 days at each CBCCPP.
2.3.9.5 The licensee shall ensure that all
staff have met ongoing professional development requirements as defined in the
rules in section 7.4 of these regulations.
2.3.9.6 If the licensed facility was
constructed prior to 1978 and has not been determined to be lead free by an
inspector licensed by Vermont Department of Health, the licensee shall comply
with the requirements of 18 V.S.A. Chapter 38 Vermont Lead Law and shall ensure
that Essential Maintenance Practices (EMP) have been performed and
documented.
2.3.9.7 The licensee
shall provide evidence of continuous insurance as defined in the rule 2.3.8.5
of these regulations.
2.3.10 Procedures for License Renewal
2.3.10.1 Sixty (60) days prior to the
expiration of the CBCCPP current license, the Division shall send the licensee
electronic notice of the requirement to apply for license renewal through
BFIS.
2.3.10.2 It is the
responsibility of the licensee to monitor their license expiration date and to
submit a complete renewal application in a timely and sufficient manner to
maintain their license status. It is recommended that the licensee submit an
application for license renewal to the Division at least forty-five (45)
calendar days before expiration of the CBCCPP current license to ensure that
all necessary documentation and verification is completed prior to the
expiration date. Applications for renewal
2.3.10.3 A complete application and all
necessary documentation and verification must be submitted prior to the
expiration date of the current license.
2.3.10.4 A licensee shall apply for renewal
of a license on forms provided and in a manner prescribed by the Division.
Renewal application requirements shall include at a minimum:
2.3.10.4.1 All annual requirements related to
background check requirements, staff qualifications, annual professional
development, lead poisoning prevention, and insurance as specified in the rules
in section 2.3.9 of these regulations;
2.3.10.4.2 A licensee shall ensure that the
drinking water system complies with the lead water testing requirements
according to 18 V.S.A. Chapter 24A and all relevant Vermont Department of
Health water testing regulations. Bottled water for drinking, cooking purposes,
and brushing teeth shall be provided until such time as at least one (1) outlet
meets the Vermont standards and is in compliance with CBCCPP rule
5.10.2.1.2.
2.3.10.4.3 A licensee
that is not required to have a drinking water permit as in rule 2.3.8.7 of
these regulations shall ensure the drinking water system be chemically tested
for arsenic, uranium, nitrite, manganese, and fluoride once every six (6)
years. This testing shall be analyzed by a Drinking Water Laboratory certified
by the State of Vermont according to 18 V.S.A. § 501b.
-- Results shall meet Vermont standards. Water shall be
remedied and retested to ensure potability if any test(s) are elevated.
-- Bottled water for drinking shall be provided until such
time as the drinking water system meets Vermont standards.
-- The sample shall be a representative sample from the tap
most frequently used for drinking after any treatment (for example a UV light
system, a softener or charcoal filter).
-- Information from these water tests shall be included in
the license renewal.
2.3.10.4.4 Good standing in regard to payment
of taxes due to the State of Vermont as specified in the rule 2.3.8.10 of these
regulations; and
2.3.10.4.5 Good
standing in regard to payment of child support obligations as specified in the
rule 2.3.8.11 of these regulations.
2.3.10.5 At the time of renewal, the licensee
must demonstrate to the satisfaction of the Division that the CBCCPP is in full
or substantial compliance with these regulations.
2.3.10.6 When a licensee makes a timely and
sufficient application for renewal, the existing license shall not expire until
the Division makes a decision on the renewal application.
2.3.10.7 If the licensee does not provide
sufficient application materials and documentation of compliance prior to the
expiration date of the current license, the license expires and the licensee
must submit a new license application and meet all requirements for the
issuance of a full license in order to provide care for children. A CBCCPP
shall not operate when the license has expired.
2.3.10.8 Division Review and Response: Upon
receipt of a completed application for renewal, a Division representative
shall:
-- Review the application, confer with the licensee, make an
inquiry, investigate, and may inspect the premises to determine whether the
licensee has fully or substantially complied with applicable provision of these
regulations;
-- Make a timely decision regarding renewal of a license;
and
-- Inform the licensee of the decision.
2.3.10.9 If a license renewal is denied, the
Division will notify the licensee in writing of the reason(s) for denial and
set forth the licensee's right to appeal the decision. The licensee submitting
a timely appeal may continue to operate under a provisional license during the
appeal period as specified in the rules in section 2.5 of these regulations.
2.3.11 License
2.3.11.1 The official posted license shall
contain and display the following:
-- Status of the license: full or provisional;
-- Effective date of the license;
-- Expiration date of the license;
-- The maximum number of children who may be served at one
(1) time;
-- The ages of the children who may be served;
-- The applicable type of regulated service for which
authorization to operate has been granted;
-- Terms and/or conditions added to the license; and
-- Approval to prepare and provide meals if
granted.
2.3.11.2 The
Division may attach terms and conditions to the approval of a license when
unique circumstances warrant. The licensee shall maintain compliance with all
terms and conditions on the license certificate.
2.3.11.3 The licensee shall not alter or
tamper with the official posted license or cause another to alter or tamper
with the official posted license.
2.3.11.4 The licensee shall be responsible
for compliance with these rules and shall operate the CBCCPP at all times
within the terms and conditions of the license.
2.3.11.5 The licensee shall be responsible
for compliance with all applicable state and federal laws even when they are
more stringent than the rules in this set of CBCCPP regulations.
2.3.11.6 The licensee shall not represent or
give the impression that the CBCCPP and its services are other than as defined
by the license certificate and the limitations of these
regulations.
2.3.12
Changes that Impact a License
The licensee shall notify the Division prior to any of the
following changes in the operation of the CBCCPP. The Division shall determine
whether it will be possible to modify a current license, approve a time limited
variance or if the licensee must submit an application for a new
license:
-- A reduction, addition, or substantial change in the indoor
or outdoor spaces utilized for the care of children in the CBCCPP;
-- A change in the name of the CBCCPP;
-- A change in the CBCCPP's Taxpayer Identification
Number;
-- A change in the authorized license type of regulated
service as defined in these rules;
-- A change in the number of children the CBCCPP serves at
any one (1) time;
-- A change in the ages of children the CBCCPP serves;
-- A personnel change designating a new/different program
director; or
-- A change naming a new designated representative for the
licensee.
2.4
Violations and Corrective Action
2.4.1 When violations are found to exist, the
Division will offer the licensee the opportunity to develop a program
improvement plan whereby the violations will be corrected within a time period
mutually agreeable to the Division and the licensee.
2.4.2 When violations present an imminent
risk of physical, emotional or developmental harm to children, show a pattern
of repeated non-compliance, or a licensee fails to comply with corrective
action requirements; the Division may choose to take additional regulatory
action.
2.5
Suspension, Revocation or Denial of a License
2.5.1 If the Division
determines that the health, safety, or well-being of children attending the
CBCCPP is in serious or imminent danger, the Division may immediately suspend
the license upon issuance of a written suspension order. The licensee shall not
operate a program once the licensee is suspended. The order shall state the
reason(s) and factual basis for the suspension. The order shall contain the
licensee's rights to appeal the decision and request a hearing.
2.5.2 The Division may deny an application
for licensure or renewal or revoke the current license of a CBCCPP for good
cause, including but not limited to the following:
2.5.2.1 Failure to submit sufficient
information to make a licensing decision at initial license or prior to
expiration of the license;
2.5.2.2
Failure to comply with applicable provisions of state or federal law or these
rules;
2.5.2.3 Violation of the
terms or conditions of the license;
2.5.2.4 Any activity, policy, practice, or
staff conduct that puts the health, safety, or well-being of children attending
the CBCCPP in serious or imminent danger and is deemed by the Division to be
detrimental to the on-going health, safety, development, or well-being of
children;
2.5.2.5 Providing false
information, incomplete information, or misrepresentation of facts in obtaining
a license, renewing a license, or in the operation of the CBCCPP;
2.5.2.6 Refusal to furnish the Division with
information, files, reports or records as required by these rules;
2.5.2.7 Refusal to permit an authorized
representative of the Division to gain admission to the CBCCPP during
reasonable hours as required in these rules; or
2.5.2.8 Conduct that demonstrates a pattern
of unwillingness or inability to consistently comply with these
rules.
2.5.3 An intention
of the Division to revoke a license shall be communicated in writing and state
the reason(s) and factual basis for the intended action. This notice shall
contain the licensee's right to appeal the decision and request a hearing.
Sufficient notice shall be provided for the licensee to exercise these
rights.
2.5.4 The Division shall
notify the parent(s) of enrolled children of its actions or proposed actions in
the event that the license has been suspended or is the subject of intended
revocation.
2.6
Right to Appeal Regulatory Actions
2.6.1 If the Division takes any of the
following actions or intended actions:
-- Revokes a full or provisional license to operate;
-- Denies approval of a provisional license;
-- Denies approval of a full license;
-- Replaces a full license with a provisional license;
-- Cites a violation of regulation(s) in a site visit
report;
-- Denies a request for a variance; or
-- Deems a variance null and void, the Division shall notify
the licensee in writing with appropriate notice, including the factual evidence
the Division believes warrants the action or intended action and specify the
licensee's right to appeal the decision and request a hearing.
2.6.2 If the licensee is aggrieved
by the action or intended action, they must indicate in writing within thirty
(30) days from the date of the Division's written notice that he/she wishes to
challenge the action or intended action. In the written notice of appeal, the
licensee shall indicate whether he/she is requesting a Commissioner's Review
hearing or an appeal directly to the Human Services Board. If the licensee
requests an appeal directly to the Human Services Board, the Division shall
notify the Human Services Board of the licensee's request.
-- Appeals challenging the revocation of a full or
provisional license to operate or appeals on a denied variance shall not be
subject to a Commissioner's Review hearing but made directly to the Human
Services Board.
-- All other appeals may be made through a Commissioner's
Review hearing or directly to the Human Services Board.
Decisions resulting from the Commissioner's Review hearing
are subject to further appeal to the Human Services Board.
2.6.3 If a written request for a
Commissioner's Review hearing is received by the Division within thirty (30)
days of the date of the notice of action or intended action, the Division shall
ensure that a Commissioner's Review hearing is conducted within thirty (30)
days from the date of the written request.
2.6.4 A designee of the Commissioner who has
had no previous involvement in the matter prompting the appeal shall conduct
the Commissioner's Review.
2.6.5
The Commissioner's Review hearing shall provide the licensee an opportunity to
be heard with regard to the action or intended action. The licensee may submit
a written response to the Division's notice, may present his/her position in
person or by phone to the Commissioner's designee at the Department, or through
an attorney or other representative designated in writing by the licensee. The
licensee may provide witnesses, documents or other evidence on their
behalf.
2.6.6 The Commissioner's
Review process shall include review of the factual evidence provided by the
Licensing Unit of the Division, shall interview Licensing Unit staff, and may
interview any witnesses with information relevant to the facts of the matter,
including but not limited to program staff and parents. The burden of proving
facts alleged, as the basis for the intended regulatory action, shall be on the
Department.
2.6.7 The Division
shall notify the licensee in writing of the final decision of the Department as
a result of the Commissioner's Review and of the reasons for upholding or
overturning the action or intended action.
2.6.8 If the licensee does not agree with the
findings of the Commissioner's Review, he/she may continue his/her appeal and
exercise the right to a hearing before the Human Services Board. If the
licensee wishes to continue the appeal, he/she shall notify the Human Services
Board within thirty (30) days from the date of the letter communicating the
findings of the Commissioner's Review.
2.6.9 If a licensee requests an appeal in a
timely manner, the existing license shall remain in effect until an official
written decision has been rendered by the Department in the case of a
Commissioner's Review or by the Human Services Board if the licensee continues
the appeal to the Board. However, the Division shall have the authority to
suspend the license immediately whenever it believes the health, safety, or
well-being of children attending the CBCCPP is in serious or imminent
danger.
2.6.10 If a licensee does
not make a timely request for an appeal, the action or intended action shall
take effect thirty (30) days after the issuance of the original
notice.
2.7
Rule Variance
2.7.1 The Commissioner, or designee, upon
request in an individual case and at his/her discretion may grant a variance to
a rule. A variance may be granted when in unique and exceptional circumstances
literal application of a rule will result in unnecessary hardship for the
licensee or for a child and family, and the intent of the rule can be achieved
through other means. Under no circumstances, shall the Commissioner, or
designee, grant a variance to rules 3.5, 4.7, 6.1.4.3, and 6.2.5.1.
2.7.2 A licensee must apply to the Division
for a variance in writing prior to putting any activity, policy, or practice
into effect that is contrary to full or substantial compliance with these
rules. The licensee must identify:
-- The particular regulation(s) they seek to vary;
-- The specifics of the request in relation to specific time
frames or individual children or staff;
-- The specific hardship created by literal application;
and
-- The plan for how the intent of the rule will be achieved
and maintained.
2.7.3 Upon
receipt of a completed request for a variance, the Division shall:
-- Review the request, confer with the licensee, make an
inquiry, investigate, and may authorize an inspection of the program and/or
premises to determine whether the submitted plan will achieve the intent of the
regulation;
-- Make a timely decision regarding the request; and
-- Inform the licensee of the decision.
2.7.4 The decision of the Division shall be
in writing, shall state the reasons for the decision, and shall be a public
record.
2.7.5 In the event that the
licensee does not maintain the approved plan for the intent of the regulation
as specified in the rule 2.7.2 and 2.7.3 of these regulations, the Division may
deem the variance null and void.
2.8
Public Record of
Violations
2.8.1 The
licensee shall post site visit reports as directed, notices of violations, or
notices of regulatory action for no fewer than fifteen (15) days following
receipt by the CBCCPP in a place where the information is clearly visible to
parents.
2.8.2 When a parental
notification letter, due to a serious violation is required, the Division
representative shall inform the licensee of this requirement in writing,
including reasons and factual basis for the violation and its designation as a
serious violation. The licensee shall mail the PNL to the parent of each
enrolled child. When the child's parents are separated or divorced a copy shall
be mailed to each parent if both are known to the licensee. Serious violations
are defined by law and in the rule 2.2.50 of these regulations as violations of
group size or staffing requirements, or violations that immediately imperil the
health, safety, or well-being of children. Serious violations may also include
corporal punishment, lack of supervision, or inappropriate physical or sexual
contact.
2.8.3 Violations shall be
posted publicly on the BFIS website to inform parents about regulatory status
and compliance history of the CBCCPP. Public posting of violations shall remain
on the BFIS website for a minimum of five (5) years. If there are no repeat
violations of a particular regulation, the licensee may request the Division
remove the public violation record from the BFIS website after that time.
CBCCPP Section 3 Administration and Operation.
3.1
Governing
Body
3.1.1 The licensee
shall have an identified owner and/or functioning governing body with
responsibility for and authority over the operation of the CBCCPP.
3.1.1.1 The licensee of a privately owned
CBCCPP shall provide documents identifying the name(s) and address of the
owner(s).
3.1.1.2 A corporation,
partnership or association shall provide documents, when applicable,
identifying all members of the governing body; their contact information; their
terms of membership; officers of the governing body; the terms of the office of
all officers; and inform the Division of the individual designated as their
representative.
3.1.2 The
owner or governing body of a CBCCPP shall comply with all applicable local,
State and Federal Laws and shall be responsible for compliance with these rules
established in the rule 2.3.11.4 of these regulations.
3.1.3 The owner or governing body shall
designate a person to function as the program director and, when approved, as
the business manager.
3.1.4 A
licensee shall have a procedure for informing all parents of children attending
the CBCCPP of the identities of the governing body members.
3.1.5 The licensee shall have an organized
system of business management and sufficient staff, space, and equipment to
fulfill the following functions within a CBCCPP:
-- Administrative;
-- Fiscal;
-- Clerical;
-- Cleaning and maintenance;
-- Food service;
-- Direct child care and early education; and
-- Staff supervision.
3.2
Notifications to Child
Care Licensing
3.2.1
Serious injury or death of a child: The licensee shall make a timely report to
the Division of any injury or accident involving an enrolled child resulting in
in-patient or out-patient medical or dental treatment or death. In the event of
a death, a verbal report shall be made immediately followed by a written report
within twenty-four (24) hours. In the event of an injury or accident resulting
in in-patient or out-patient medical treatment, a verbal report shall be made
within forty-eight (48) hours and the written report shall be made within five
(5) business days.
3.2.2 The
licensee shall immediately report any incident where a child is bitten by an
animal while attending the CBCCPP. A written report shall be made to the
Division and to the State Public Health Veterinarian at the Vermont Department
of Health within twenty-four (24) hours of the incident.
3.2.3 The licensee shall notify the Division
in writing within forty-eight (48) hours of any fire in the CBCCPP that
required the use of a fire extinguisher and/or the services of a fire
department.
3.2.4 Missing child:
When it is determined that a child attending the CBCCPP is missing from the
program, the licensee or staff must immediately notify the police, the child's
parents, and the Division. A written report shall be made to the Division
within twenty-four (24) hours.
3.2.4.1 When a
child who is enrolled and expected to arrive, from another program or person
other than the parents, does not arrive as scheduled and the parent has not
informed the licensee of the child's absence, the parent or authorized person
for the child must be contacted immediately.
3.2.5 Self-reported violations: If an
incident or situation occurs in a CBCCPP while children are present that could
be considered a serious violation as defined in the rule 2.2.50 of these
regulations, the licensee has a responsibility to self-report this to the
Division within twenty-four (24) hours of the incident. A complete report will
include a description of the incident, what the licensee has done to verify the
particulars of what occurred, and how the licensee has taken corrective action
to ensure the safety and well-being of children and to prevent a future serious
violation. If such a report is received in a timely manner from a licensee with
a history of consistent regulatory compliance, no child has been seriously
injured or harmed as a result of the incident or situation, and the licensee
has taken prompt and appropriate corrective action; the Division may, on a case
by case basis and at the Division's discretion, elect to issue a warning,
rather than a violation related to that incident or situation.
3.2.6 The licensee shall submit a new Records
Check Authorization form to the Division within one (1) business day of being
notified by an individual, who has completed the background check process as
required by these regulations, that there has been a change of situation that
may affect his/her background check clearance. The licensee shall ensure the
individual completes all required action, as determined by the Division, and
shall comply with all rules in section 7.2 of these regulations as related to
the individual's change in situation.
3.3
Legal Mandates
Regarding Child Abuse and Neglect
3.3.1 The licensee, staff, auxiliary staff,
and partner staff shall be informed of and have ready access to the twenty-four
(24) hour Child Abuse Hotline maintained by the Department.
3.3.2 The licensee, staff, auxiliary staff,
and partner staff working with children are mandated reporters of child abuse
and neglect pursuant to 33 V.S.A. § 4913 and are required to report to the
Child Abuse Hotline when they reasonably suspect abuse or neglect of a child.
This report must be made within twenty-four (24) hours of the time information
regarding the suspected abuse or neglect was first received or
observed.
3.3.3 The licensee,
staff, auxiliary staff, and partner staff shall understand that abuse and/or
neglect of children is against the law and that all child care workers are
legally required to report suspected child abuse or neglect as specified in the
rule 3.3.2 of these regulations.
3.3.4 The program director shall develop and
implement a written policy requiring the licensee, staff, and auxiliary staff
to report suspected child abuse or neglect to the Department as specified in
the rule reporting of child abuse and neglect.
3.3.6 The licensee, staff, and auxiliary
staff shall be trained in prevention of child sexual abuse; in signs and
symptoms of sexual abuse, sexual violence, and grooming processes; in
recognizing the dangers of child sexual abuse in and close to the home; and
other predatory behaviors of sex offenders.
3.3.7 The licensee shall not discharge,
demote, transfer, reduce pay, benefits or work privileges, prepare a negative
work performance evaluation, or take any other action detrimental to any person
because he/she filed a good faith report with the Department regarding
suspicion of abuse or neglect of a child.
3.4
Program Management and
Recordkeeping
3.4.1 The
licensee shall keep all required records, schedules, materials, and equipment
used to operate and maintain the CBCCPP in good order and in locations
appropriate for day to day access.
3.4.2 All written policies and procedures
shall be reviewed once every 365 days and revised when necessary.
3.4.3 A system for taking attendance,
including documentation of the time when each child arrives and departs each
day he/she attends the CBCCPP, shall be established. The licensee shall save
all daily attendance records identifying the hours of children's attendance for
at least twelve (12) months from the date that care is provided.
3.4.4 Children's Files
3.4.4.1 The program director shall maintain a
complete and up-to-date enrollment file on-site for each child enrolled in the
CBCCPP. A complete file shall contain, at minimum, the following information:
-- A completed child's admission form signed and dated by the
parent that includes the first date the child attended the CBCCPP and the days
and hours the child is regularly scheduled to attend the CBCCPP;
-- The child's name, current home address, and current home
telephone number;
-- Identification of child's home language;
-- The child's date of birth;
-- Name, address, and all applicable current telephone
numbers for parents;
-- Name, address, and all applicable current telephone
numbers for at least two (2) other people designated by the parents as
emergency contacts;
-- Names for all persons authorized to pick the child up from
the CBCCPP;
-- Record of an annual physical and health history as
required in the rule 5.1.2 of these regulations that includes the name and
telephone number of the child's primary health care and dental care providers
(if the child has a dental care provider);
-- A description of any special medical, developmental,
emotional, or educational needs of the child including allergies, existing
illnesses or injuries, previous serious illnesses or injuries and any
prescribed medication including those for emergency situations;
-- Written authorization from the parent for the CBCCPP to be
able to obtain emergency medical care and transportation;
-- Child's immunization record or Vermont Department of
Health approved exemption document as required in the rules in section 5.1.3 of
these regulations;
-- Written permission from parents for the CBCCPP to
transport the child, if transportation is provided, as required in the rule
5.10.6.6.1 of the regulations;
-- Written permission from parents for the child to
participate in swimming activities, if swimming activities are a part of the
program, as required in the rule 5.10.5.1 of these regulations;
-- If applicable, a copy of court orders on custody and
visitation arrangements as required in the rule 3.6.4 of these regulations;
and
-- If applicable, any obvious injuries discovered and
documented on daily health check as required in the rule 5.3.2 of these
regulations.
3.4.4.2 Each
child's file shall be complete with all required information within the first
week that the child begins to attend care. The required annual physical shall
be obtained within forty-five (45) days of enrollment as required in rule 5.1.2
of these regulations. School age children visiting a CBCCPP within the public
school building, of which they are a student, shall be exempt from needing to
have a child's file as required in rule 3.4.4.1 of these regulations.
3.4.4.3 The program director shall ensure
that all emergency contact information for parents is current and that other
information supplied by parents is regularly updated, at least once every 365
days.
3.4.4.4 Pertinent information
from a child's enrollment file shall be available to staff responsible for that
child.
3.4.4.5 When a child stops
attending care, the last date of attendance shall be recorded in the child's
enrollment file. Children's enrollment files shall be saved for at least 365
days after the child's last day of enrollment and attendance.
3.4.4.6 All documentation related to a
specific child, required by these rules, shall be saved for 365 days after a
child's last day of enrollment and attendance. All documentation related to a
specific child, required by these rules, shall be made available to the
parent(s) of that child within five (5) business days from the time of a
request.
3.4.5 Personnel
Files
3.4.5.1 A licensee shall maintain a
complete and up-to-date personnel file for staff working at the CBCCPP. A
complete file shall contain, at minimum, the following information:
-- Name, date of birth, home address and telephone
number;
-- Copies of current first aid and CPR certification;
-- Signed statement verifying understanding of legal
requirement to report suspected child abuse and neglect;
-- Documentation of a current Records Check Authorization
form;
-- Documentation of having read and having ready access to a
current copy of applicable child care licensing regulations;
-- Administration of Medication training certification (if
applicable);
-- Signed statement verifying current job title and
supervisor's name;
-- Application for employment including references or
reference checks;
-- Employment start date;
-- Documentation of completed Orientation Training;
-- Employment end date;
-- IPDP (Substitutes filling a staff position for less than
thirty (30) consecutive days within a 365 day period shall be exempt);
and
-- Written annual performance reviews (Substitutes filling a
staff position for less than thirty (30) consecutive days within a 365 day
period shall be exempt).
3.4.5.2 A licensee shall maintain a complete
and up-to-date file for auxiliary staff at the CBCCPP. A complete file shall
contain, at minimum, the following information:
-- Name, date of birth, home address, and telephone
number;
-- Signed statement verifying understanding of legal
requirement to report suspected child abuse or neglect;
-- Documentation of a current Records Check Authorization
form; and
-- A job description.
3.4.5.3 A licensee shall maintain a complete
and up-to-date list of all partner staff at the CBCCPP that includes, at a
minimum, the following information:
-- Name, date of birth, home address, and telephone
number;
-- Signed statement verifying understanding of legal
requirement to report suspected child abuse or neglect; and
-- A written description of their role in the program.
3.4.5.4 When the licensee
maintains off-site personnel records, the licensee or designee shall also
maintain a legally notarized affidavit onsite, signed by the licensee or
designee, testifying that each personnel file required for staff, auxiliary
staff, and partner staff contains all records as required in the rules 3.4.5.1
- 3.4.5.3 of these regulations. The licensee shall permit representatives of
the Division to have full access to off-site records to verify
documentation.
3.4.6
Other Administrative Records
3.4.6.1 The
licensee shall maintain a record of the date of each evacuation drill as
required in the rules in section 3.7.2 of these regulations that includes the
number of children and staff evacuated, time taken to evacuate, and notation of
the drill conducted while children were sleeping or resting.
Evacuation records shall be kept for two (2) years. When the
CBCCPP counts lock-down drills as allowed in the rules in section 3.7.2 of
these regulations, the licensee shall maintain a record of the date of each
lock- down drill, the number of CBCCPP children and staff who participated, and
note that the drill performed was a lock-down drill.
3.4.6.2 The licensee shall maintain records
pertaining to accidents and injuries involving children as required in the rule
5.8.3 of these regulations. These may be kept in children's files or in a
separate injury log book. Incident reports related to accidents and injuries
shall be kept for a minimum of twenty-four (24) months from the date the
incident occurred.
3.4.6.3 The
licensee shall maintain records pertaining to all medications administered to
children as required in the rule 5.6.7 of these regulations. These may be kept
in children's files or in a separate medication administration log book.
Medication records must be kept for a minimum of 365 days from the date the
medication was given.
3.4.6.4 The
licensee shall document all pesticide applications as required in the rule
5.10.1.9.1 of these regulations. Records shall include: the pesticide product
name, EPA Registration Number, amount used, dates of application, location of
application and pests treated. These records shall be kept for twenty-four (24)
months after the date of the pesticide application and be made available for
inspection by Division representatives and parents.
3.4.6.5 Staffing Schedule: A licensee shall
maintain a written record of the daily schedule for at least 365 days of all
staff including exact days and hours worked and the group of children to whom
they are assigned.
3.4.7
Bright Futures Information System (BFIS)
3.4.7.1 The licensee shall provide written
reports as required in the rules in section 3.2 of these regulations
electronically using BFIS.
3.4.7.2
The Division shall provide licensing notifications, documents and information
to the licensee electronically utilizing BFIS.
3.4.7.3 Within six (6) months of the initial
date of employment; staff and auxiliary staff left alone with children and/or
counted in staff/child ratio as specified in the rule 6.2.1.8 of these
regulations, and the program director shall maintain an up-to-date BFIS Quality
and Credential Account. Documentation, verification of qualifications, and all
annual professional development activities as specified in the rules in
sections 7.3 and 7.4 of these regulations shall be submitted to Northern Lights
at CCV to be verified and maintained in BFIS.
3.4.7.4 The licensee shall provide up-to-date
program information in the program's BFIS account.
3.4.7.5 The licensee shall maintain a current
list of the licensee or designee, staff, auxiliary staff, and volunteers as in
the rules in section 7.7.5 of these regulations, as applicable in BFIS. Any
changes shall be reported through BFIS within five (5) working days of the
change.
3.5
Non-Discriminatory Enrollment The
licensee shall not deny a child's entry into the program because of race,
creed, color, national origin, religion, disability, gender or the parents'
marital status or gender identification.
3.6
Safe Release of
Children
3.6.1 Staff
shall release a child only to persons authorized by the parents as specified in
the rules 3.4.4.1 and 5.10.6.6.1.2 of these regulations. When a person
authorized to pick up a child is unknown to staff, his/her identity must be
verified prior to releasing the child.
3.6.2 Staff transporting children home shall
release children to the address provided by parents and/or to the person(s)
authorized by the parents as specified in the rule 5.10.6.6.1.1 of these
regulations.
3.6.3 In the event
that an emergency request is made by a parent for a child to be picked up by
someone without prior authorization, the licensee shall ensure that a system to
verify the identity of both the parent calling and the person being authorized
to pick up the child is known by staff and utilized. Staff shall document such
emergency calls in writing and document information regarding the identity of
the person who picks up the child in the event of such an emergency.
3.6.4 The licensee and CBCCPP staff shall
release a child to either parent unless there is a court order in the child's
enrollment file that prohibits release to a particular parent.
3.7
Emergency
Preparedness
3.7.1
Emergency Planning
3.7.1.1 The licensee shall
develop and maintain a written Emergency Response Plan to respond to a full
range of emergencies both natural and manmade. A complete plan shall include
how the licensee will address and manage the following situations and
responsibilities:
-- Evacuations or other emergencies such as leaving the
premise and lockdown situations;
-- Specific concerns related to the location of the program,
such as proximity to a nuclear reactor, an area prone to flooding or power
loss;
-- Notifying the local authorities of the emergency;
-- A system for notifying the parents of the
emergency;
-- Notifying the local emergency planning committee regarding
the location of the CBCCPP and using the committee as a resource in emergency
planning for the program;
-- A system of identifying the children and staff present at
the time of the emergency and maintaining knowledge of their
whereabouts;
-- A system for handling infants, toddlers, and children with
special needs;
-- An established evacuation meeting location within walking
distance of the CBCCPP;
-- A system to account for all children and staff at the
evacuation meeting place;
-- A process for relocation if necessary, including safe
transportation;
-- A system for shelter in place if the staff and children
present need to remain in the CBCCPP for an extended period; and
-- Staff chain of command and individual staff roles and
responsibilities, (if applicable) during emergencies.
3.7.1.2 The licensee shall ensure that all
staff are trained on the Emergency Response Plan and are aware of where to find
the written plan in the CBCCPP.
3.7.1.3 The licensee shall ensure that the
Emergency Response Plan is reviewed and updated at least once every 365
days.
3.7.1.4 The licensee shall
ensure that parents are aware of the Emergency Response Plan, particularly
where children would be taken if evacuated from the CBCCPP.
3.7.2 Building Evacuation
3.7.2.1 The licensee shall have a written
evacuation diagram with evacuation routes posted in each classroom that is used
by the children.
3.7.2.2 The
licensee shall ensure that evacuation drills are conducted at least once a
month, and children and staff are evacuated in under three (3) minutes.
Licensees of a CBCCPP located within a public or independent school building
may count a lock-down drill performed while the CBCCPP is in operation in place
of a monthly evacuation drill with the CBCCPP children and staff and at least
three (3) of the monthly drills conducted within 365 days shall be evacuation
drills.
3.7.2.3 At least one (1)
drill every 365 days shall be conducted while children are sleeping or
resting.
3.7.3 Emergency
Preparedness Training: Within 365 days of opening a CBCCPP, the licensee shall
attend emergency preparedness training which shall include content specifically
related to sheltering in place in the event of an emergency in which the
licensee and children present need to remain in the CBCCPP for an extended
period.
3.8
Confidentiality
The licensee, staff, auxiliary staff and partner staff shall
not disclose or permit the use of any information regarding an individual child
or family gained through CBCCPP interaction with the child and family, or
CBCCPP records, files, videotaping, tape recording, photographing, assessments
or any type of documentation unless parental permission is specifically
granted, except to the Division or other entities with statutory authority for
issues relating to the health, safety, and protection of children.
3.9 Annual Program Assessment
The program shall conduct a thorough assessment of the
program that includes input from staff and parents at least once every 365
days.
CBCCPP Section 4 Parent/Family Engagement in Their Children's
Care.
4.1
Pre-enrollment Visits and Orientation
4.1.1 The program director shall ensure that
an opportunity to visit and observe the CBCCPP is offered to parents
considering enrolling their child.
4.1.2 The program director shall establish a
process for orienting children and parents to the CBCCPP that offers parent
orientation and a gradual introduction of children to the program.
4.2
Visits and
Access to Children The program director shall ensure that
parents have access to the CBCCPP, staff primarily involved with their
children, and to their children without delay at any time children are in
attendance and without prior approval. This does not prohibit CBCCPP from
locking their doors for security purposes or checking parent's
identification.
4.3
Parent Conferences
4.3.1 Every parent shall be offered an
opportunity to participate in formal or informal parent conferences at least
two (2) times every 365 days to discuss children's learning, development, and
interactions in the CBCCPP. Staff will invite parents to share information
about the child in his/her home environment and to provide input to the CBCCPP
environment. CBCCPP staff with primary responsibility for the child shall
participate in parent conferences.
4.3.2 Parents may request a formal or
informal meeting with the program director or CBCCPP staff with primary
responsibility regarding their child at any time and any such request shall be
accommodated within ten (10) business days of the request.
4.4
Parent
Communication
4.4.1
Staff shall regularly communicate with parents about their child's daily
activities and behavior. For children under twenty-four (24) months of age this
shall include feedings, diapering, resting, and developmental progress as
specified in the rule 6.1.5.1.2 of these regulations.
4.4.2 Staff shall encourage and facilitate
two-way communication between the CBCCPP and parents. Staff shall communicate
regularly to parents about CBCCPP activities and program policies, community
resources, and shall allow many opportunities for parents to provide
information, identify preferences, ask questions, and share concerns.
4.4.3 Written parental permission shall be
obtained by the CBCCPP prior to contacting or making professional referrals.
This written permission shall be retained in each child's
file.
4.5
Activities to Encourage Parental
Involvement The program director shall provide
opportunities for parents to be involved such as offering opportunities to
volunteer during or in support of the CBCCPP and offering learning and/or
social activities for parents and children.
4.6
Supporting Breast
Feeding The licensee shall provide comfortable
accommodations for mothers who breastfeed their child during the hours their
child is in attendance of the CBCCPP.
4.7
Communicating CBCCPP
Policies and Procedures The licensee, in consultation with
the program director, shall establish written policies and procedures. Written
information provided to parents of all children enrolled in the CBCCPP shall
include, at minimum:
-- Assurance that parents have access to the CBCCP and their
child(ren) without prior notice and have access to their children's records as
required in the rule 3.4.4.6 of these regulations;
-- A description of information needed from parents for
child's enrollment file as required in the rule 3.4.4.1 of these
regulations;
-- A typical daily schedule of activities;
-- Information about fees and payment policies;
-- Information about hours of operation and closings;
-- Procedures for signing children in and out;
-- Procedures for emergencies as required in the rules in
section 3.7 of these regulations;
-- Information about the nutrition, meals and meal
preparation at the CBCCPP;
-- Safe sleep policies, as applicable;
-- No smoking policy;
-- Information about results from the test for lead in the
drinking water and any plan for remediation;
-- CBCCPP policies on field trips, other off-site activity
and transportation;
-- CBCCPP health policies including illness exclusions,
administration of medication, and immunizations;
-- CBCCPP policies and practice regarding positive guidance
and behavior management;
-- Assurance that confidentiality of child and family
information is maintained;
-- Information about the requirement to report suspected
child abuse and/or neglect as required in the rules in section 3.3 of these
regulations;
-- Assurance that non-discrimination and respect for each
child's family and culture is maintained;
-- CBCCPP approach to ensure wholesome growth and positive
developmental experiences for children enrolled;
-- CBCCPP policies related to the inclusion of children with
special needs and disabilities;
-- A description of religious activities, if any;
-- Information on how to access these CBCCPP regulations and
other information about child development on-line;
-- Information concerning complaint procedures;
-- Information about the Child Care Consumer Line, including
the telephone number (1-800-649-2642); and
-- CBCCPP policies and procedures related to the expulsion of
children.
CBCCPP Section 5 Health, Safety and Nutrition.
5.1
Child Health Promotion
and Protection
5.1.1 The
licensee shall ensure that the CBCCPP environment and practices support
children's health and safety.
5.1.2
General Health Examinations:
Within forty-five (45) days of enrollment, the licensee shall
obtain documentation of the child's age appropriate well care exam from the
parent. Documentation shall include information regarding any health conditions
and medications that may impact the care of the child.
5.1.3 Immunizations:
The licensee shall maintain documentation in the child's file
of each child's current immunization status.
-- Immunization records shall include the immunization
administered and the date of each immunization. The immunization record should
be updated after each additional immunization has been received.
-- If an enrolled child is in the process of complying with
immunization requirements in accordance with the Vermont recommended
immunization schedule, documentation in the child's file shall include the
required Vermont Department of Health form.
-- If a child has not had a required immunization due to a
Vermont allowed exemption, documentation in the child's file shall include the
required Vermont Department of Health form.
5.1.4 The licensee shall submit a Vermont
Child Care Immunization Report at least once every 365 days to the Vermont
Department of Health, Immunization Office as required by 18 V.S.A. §§
1120 -1129.
5.2
Routine Health Practices
5.2.1 Hand washing
5.2.1.1 CBCCPP staff shall ensure that adults
and children wash their hands:
-- Upon arrival at the CBCCPP;
-- Before they eat, prepare or handle food;
-- Before and after handling raw meat;
-- Before feeding children;
-- After toileting or diapering;
-- After cleaning;
-- After taking out the garbage;
-- After handling animals; and
-- After outdoor play.
5.2.1.2 The program director shall ensure
that adults also wash their hands:
-- Before and after giving medications;
-- Before and after caring for a child who is injured or may
be sick;
-- Before diapering; and
-- After coming into contact with blood, fecal matter, urine,
vomit, nasal secretions or other body fluids.
5.2.1.3 The licensee shall ensure the hand
washing procedures include the following steps in order:
-- Use of warm running water and liquid soap;
-- Moistening hands with water, applying soap, and washing
hands for a minimum of twenty (20) seconds;
-- Rinsing hands under running water;
-- Drying hands with a single use towel or paper towel; and
then
-- Disposing of the towel.
5.2.1.4 When hand washing is not practical
due to outside activities or being offsite, and hands are not visibly soiled,
hand sanitizer may be used by staff, other adults, and children in lieu of
washing with soap and warm water. Staff shall ensure that children using a hand
sanitizer rub their hands until the sanitizer has dried. Only non-alcohol hand
sanitizer shall be used for children under twenty-four (24) months of
age.
5.2.1.5 Sinks used for hand
washing shall have hot and cold running water that comes from a single spigot.
The hot water shall not exceed 120°F.
5.2.1.6 Soap and paper towels or individual
single use cloth towels shall be available and accessible to the children at
each hand washing sink.
5.2.1.7 If
hand washing sinks are not child height, a step stool shall be
available.
5.2.1.8 Staff shall wash
the hands of children who are unable to wash their own hands and provide
developmentally appropriate guidance and supervision to help children learn and
practice healthy hand washing.
5.2.2 Children's clothing
5.2.2.1 The licensee shall ensure that extra
clothing is available for children either by providing a sufficient quantity
directly or requiring parents to provide and maintain a clean spare set of
clothing for each child.
5.2.2.2
Staff shall ensure that children's clothing is changed when wet or
soiled.
5.2.2.3 Wet or soiled
clothing shall be placed in a sealed plastic container or bag, labeled with the
child's name, and returned to the child's parent at the end of the
day.
5.2.2.4 Children's personal
articles, including combs and brushes, shall not be shared among children and
shall be stored separately with individual children's personal
belongings.
5.2.3
Diapering
5.2.3.1 Staff shall ensure that
children's diapers are changed when wet or soiled.
5.2.3.2 Staff shall have an established
procedure for checking diapers regularly including visually inspecting
children's diapers at least every two (2) hours.
5.2.3.3 Staff shall monitor the supply of
diapers for each child and make sure they are replenished regularly.
5.2.3.4 The licensee shall ensure that there
is a sturdy diaper changing area with a clean, washable, and non-absorbent
surface. The diaper changing area shall not be located in the kitchen, or any
area where food is stored, prepared or served.
5.2.3.5 The hand washing sink used for
toileting and diapering shall be conveniently located near the toileting and
diapering areas. This sink shall not be used for food preparation and shall
meet requirements in the rule 5.2.1.5 of these regulations.
5.2.3.7 The container for diapers shall be
within arm's reach of the diaper changing area.
5.2.3.8 The container for diapers shall be
emptied, cleaned. and disinfected daily.
5.2.3.9 If cloth diapers are used, staff
shall place the wet or soiled diaper in a plastic bag or individual container
that can be sealed and kept out of the reach of children.
5.2.3.10 Cloth diapers shall be sent home
with the child on a daily basis.
5.2.3.11 Each diaper changing procedure shall
include:
-- Preparation: assemble supplies, staff member washes hands,
prepares changing surface with either a disposable covering or ensure that the
surface was recently cleaned and disinfected and bring the child to the diaper
changing area.
-- Dirty Phase: remove soiled diaper, dispose of diaper, and
cleanse diaper area of the child.
-- Clean Phase: put on clean diaper, dress child, and wash
the child's hands.
-- Clean up: clean and disinfect the diaper changing surface,
and staff member washes their own hands.
-- Record diaper change.
5.2.3.12 The licensee shall post the diaper
changing procedure at each diaper changing area.
5.2.3.13 In addition to hand washing,
disposable non-porous gloves shall be worn during diapering when:
-- A staff member has an open cut, sore or cracked
skin;
-- A child has an open cut or sore on his/her skin; or
-- A child has a known infection that is spread through
feces.
5.2.4
Toileting and Toilet Learning/Training
5.2.4.1
Children shall be accommodated in a timely manner when they need to use the
toilet.
5.2.4.2 Staff shall provide
positive guidance on safe and sanitary toileting. Children shall be supported
in developing toileting skills appropriate to their age and ability.
5.2.4.3 Staff shall ensure that all toilet
learning/training is carried out with the parent's knowledge and consent.
Toilet training methods performed by staff shall be consistent with the
parent's toilet training methods when these are developmentally appropriate and
do not constitute a violation of these regulations. The child's progress and
success in toileting shall be communicated regularly to the child's
parent(s).
5.2.4.4 Safe and
cleanable equipment for toilet learning/training such as child-sized toilets,
step aids, modified child-sized toilet seats or inserts that fit directly over
the toilet shall be provided for children who are learning to use the
toilet.
5.2.5 Standard
Practices for Exposure to Bodily Fluids Staff shall use standard precautions
when exposed to blood or blood-containing bodily fluids. The standard
precautions include:
-- Use of nonporous disposable gloves to clean up the blood
or blood-containing fluid unless the material used to clean it up can easily
contain the fluid;
-- Clean and disinfect the soiled surface;
-- Dispose of contaminated materials and store washable items
in securely sealed plastic bags; and
-- Wash hands thoroughly as required in the rule 5.2.1.3 of
these regulations.
5.2.6
Cleaning, Sanitizing, and Disinfecting (see section 2.2 of these regulations
for definitions of these terms)
5.2.6.1
Cleaning shall occur prior to sanitizing and disinfecting unless otherwise
instructed by the manufacturer's recommendations.
5.2.6.2 All sanitizing and disinfecting
solutions shall be EPA registered and used according to the manufacturers'
instructions.
5.2.6.3 Household
bleach may be used for both sanitizing and disinfecting. When bleach is used
for these purposes, fresh bleach solutions shall be mixed daily.
5.2.6.4
Cleaning
of the following items shall be done on the following
schedule:
After each use:
-- Countertops;
-- Food preparation appliances;
-- Plastic mouthed toys;
-- Changing tables; and
-- Cribs, cots, mats, and bedding, if used by different
children.
When it touches another surface:
When it touches another surface:
-- Pacifiers
Every Day:
-- Uncarpeted floors
Every week:
-- Cribs, cots, mats, and bedding if used by the same child
every day.
Every month:
-- Machine washable toys;
-- Dress-up clothes including hats;
-- Play activity centers; and
-- Refrigerator.
5.2.6.5 Sanitizing of the following items
shall be done on the following schedule:
Before and after each use:
-- Food preparation surfaces;
-- Dining tables and highchair trays; and
-- Non flushing potty chairs.
After each use:
-- Eating utensils and dishes;
At the end of each day:
-- Food preparation appliances;
-- Plastic mouthed toys; and
-- Pacifiers.
5.2.6.6
Disinfecting
of the following items shall be done at the end of each
day:
-- Door and cabinet handles;
-- Hand washing sinks and faucets;
-- Countertops;
-- Toilets and toilet learning equipment;
-- Diaper pails; and
-- Drinking fountains.
5.3
Managing Infectious
Diseases
5.3.1 The
licensee shall develop and implement a plan for the management of communicable
disease in the CBCCPP including the following:
-- Naming and identifying symptoms of illnesses for which a
child will be excluded or sent home from the CBCCPP;
-- Identifying communicable diseases for which a child will
not be admitted to the CBCCPP without a statement from a health care provider;
and
-- Written notification to parents when children may have
been exposed to a reportable communicable disease.
5.3.2 Daily Health Check
Upon arrival into the CBCCPP staff shall observe each child
for symptoms of communicable disease and signs of injuries. Any obvious
injuries shall be documented along with any comments from the parent pertaining
to the child's condition. This documentation shall be maintained in the child's
file for a minimum of 365 days.
5.3.3 Exclusion of Children from Care
5.3.3.1 Staff shall follow the exclusion
policies as set forth in Signs and Symptoms of Illness Chart, (see Appendix
A).
5.3.3.2 Signs and Symptoms of
Illness Chart document shall be posted where it is clearly visible to staff and
parents.
5.3.3.3 A child shall be
excluded from care if, in the opinion of the program director, he/she is too
ill to participate in usual daily activities.
5.3.4 Responding to Children Who Become Ill
5.3.4.1 The program director shall ensure
that a comfortable space, separate from other children, can be created for
children who are exhibiting symptoms of illness until their parent arrives to
pick them up. The separate area shall be appropriately furnished to allow the
child to sleep or rest, which shall not be located in the kitchen or toilet
area.
5.3.4.2 All items used by an
ill child shall be cleaned and disinfected prior to being used by another
child.
5.3.4.3 Staff shall ensure
that an ill child is supervised.
5.4
Sleep and Rest
Accommodations
5.4.1
General Sleep and Rest Provisions including Crib Requirements
5.4.1.1 The licensee shall ensure that each
child, except school-age children, has an individual crib, port-a-crib, cot,
mat, or bed that is safe for the child's age and development, in good repair,
and used by only one child each day. No child shall nap directly on the floor
or on furniture not designed for sleeping. Cribs or port-a-cribs shall be used
for children under twelve (12) months of age. Children shall not nap in cribs
or port-a-cribs if they are physically able to climb out unassisted.
5.4.1.2 The licensee shall ensure that all
cribs and port-a-cribs used for children at the CBCCPP meet Consumer Product
Safety Commission 16 C.F.R. Part
1220 (see Appendix B). The licensee shall
maintain documentation of each crib's compliance with this mandate.
5.4.1.4 Cots, mats, and mattresses shall be
nonporous or have nonporous coverings. Each child shall be provided clean,
individual bed linens either by the licensee providing them directly or
requiring parents to provide them. No child shall nap directly on nonporous
coverings.
5.4.1.5 Children shall
be supervised by staff while napping or resting. Staff shall directly observe a
sleeping infant at least every fifteen (15) minutes to check the infant's face,
view the color of the infant's skin, and check on the infant's
breathing.
5.4.1.6 Lighting to
permit appropriate supervision shall be provided in sleeping areas where
children are napping or resting. This means that staff can see the child's
face, view the color of the child's skin, and check on the child's
breathing.
5.4.1.7 Wet or soiled
cots, cribs, mats, and bedding shall be changed promptly and stored in a sealed
plastic bag or container until laundered.
5.4.1.8 Bedding used by a child shall be
stored in a manner that prevents contact with bedding used by other
children.
5.4.2 Safe
Sleep Practices for Infants Under Twelve (12) Months of Age
5.4.2.1 Infants shall be allowed to nap when
tired.
5.4.2.2 Infants shall always
be placed on their backs to sleep.
5.4.2.3 Staff shall ensure that infants sleep
in cribs or port-a-cribs. Infants shall not be placed to sleep on soft
surfaces, such as a couch or sofa, pillow, quilts, sheepskins, or blankets.
Infants shall not be placed in car seats, swings, high chairs, jumping chairs
or similar equipment for sleep. A child that falls asleep in this type of
equipment shall be gently transferred to a crib or port-a-crib as soon as
feasible.
5.4.2.4 Each crib and
port-a-crib shall have a firm, tight-fitting mattress covered by a
tight-fitting crib sheet.
5.4.2.5
Soft objects, toys or loose bedding shall not be used in infants' sleep areas.
Soft or loose bedding includes bumper pads, pillows, quilts,
comforters, sheepskins, blankets, flat sheets, cloth diapers, and bibs. Infants
shall not be swaddled for sleep.
5.4.2.6 Clothing sacks or similar clothing
designed for safe sleep may be used.
Bibs, necklaces, and garments with ties or hoods shall be
removed from the child prior to placing the child in the crib or
port-a-crib.
5.4.2.7 No
positioning devices shall be used unless required by the child's health care
provider. Instructions for the use of any such device shall be kept in the
child's file in writing from the child's health care provider.
5.4.2.8 Infants shall not be placed in cribs
or port-a-cribs with bottles. Pacifiers are permitted in cribs and port-a-cribs
with parental permission. Pacifiers may not have cords or clips that may pose a
strangulation risk.
5.4.3
Rest Practices for Children Over Twelve (12) Months of Age
5.4.3.1 The program director shall design the
CBCCPP's schedule to ensure that every child younger than school age and
present for five (5) hours or more shall have the opportunity for sleep or
rest. Children over twelve (12) months of age may sleep/rest with blankets,
pillows, and soft toys.
5.4.3.2
Children shall not be required to sleep. Children who do not nap shall be
provided space and equipment for quiet play.
5.5
Oral
Health
5.5.1 If children
brush their teeth at the CBCCPP, each child shall have an individual toothbrush
used only by that child.
5.5.2
Toothbrushes shall be stored in a manner that allows air drying and prevents
the toothbrush from touching other items such as toothbrushes, soap, towels or
drinking cups.
5.6
Administration of Medication
5.6.1 The program director shall develop and
consistently implement a written policy and plan regarding the administration
of medication to children.
5.6.2 The
program director shall ensure that only staff, who have completed a training
course approved by the Division, administer medication in the CBCCPP. With
written parental permission, a school age child may self-medicate under the
direct supervision of staff who meets the training requirement within this
rule.
5.6.3 Medication or
herbal/folk remedies shall not be administered to a child unless the CBCCPP has
received written permission from the child's parents for each medication
given.
5.6.4 Written permission
from parents to administer medication must include all of the following
information for each prescription and non-prescription medication administered
to children:
-- Name of the child;
-- Child's date of birth;
-- Any medication allergies;
-- Name of medication;
-- Dosage to be given;
-- Time when medication is to be given;
-- Route of administration (mouth, ear, nose, topical,
inhalation);
-- Reason for the medication;
-- Start and end dates for administration of the medication;
and
-- Any special instructions.
5.6.5 All prescription medication
administered by staff shall be in its original container, properly labeled for
the child, and administered prior to the expiration date on the
container.
5.6.6 All
non-prescription medication administered by staff shall be labeled with the
child's name and be in its original container with directions for its
administration. It must be administered prior to the expiration date on the
container. Any deviations from the label's instructions shall be in writing
from the child's health care provider.
5.6.7 A record of the administration of all
medications shall be made including medication dosage, time of administration,
name of staff administering, and any adverse effects observed. These records
shall be maintained for 365 days from the start date of medication
administration and may be kept in the child's file or in a medication
administration log.
5.6.8 Un-used
medication shall be returned to the parent when no longer needed by the
child.
5.6.9 Insect repellent,
sunscreen and non-prescription diaper ointment are not considered medications.
Written parental permission shall be obtained prior to the application of
insect repellent, sunscreen and non-prescription diaper ointment. This parental
permission shall specify the product but may permit application as needed over
a span of time. Such permission shall be updated at least once every 365 days
and shall be maintained in each child's file. Children younger than school age
shall not apply any of these items independently. School age children may apply
these items independently with supervision.
5.6.10 All medication and non-medications
described in the rule 5.6.9 of these regulations shall be securely stored and
inaccessible to children.
5.6.11
Prescription rescue medication, such as rescue inhalers, epinephrine (epi) pen,
and seizure medication must be kept immediately accessible for use in cases of
emergency.
5.7
First Aid Kits
5.7.1 The licensee shall have a first aid kit
that is readily accessible to adults in the CBCCPP, but not to children. The
first aid kit shall contain:
-- First aid manual;
-- Adhesive tape;
-- Bandages;
-- Sterile gauze pads;
-- Rolls of gauze;
-- Eye dressing;
-- Disposable nonporous gloves;
-- Scissors;
-- Tweezers;
-- Non-glass, non-mercury thermometer; and
-- An instant cold pack.
5.7.2 The first aid kit shall be replenished
as supplies are used or as expiration dates indicate.
5.7.3 Staff shall ensure that a first aid
kit, as required in the rule 5.7.1 of these regulations, is taken along on
field trips lasting two (2) hours or more. In addition to the items listed
above, the kit shall include:
-- Water and liquid soap or antiseptic wipes;
-- Any emergency medications needed for a child with
allergies or special health needs;
-- List of emergency phone numbers as required in the rule
5.10.1.13.2 of these regulations; and
-- A copy of parental authorizations for emergency care as
required in the rule 3.4.4.1 of these regulations.
5.8
Responding to
Accidents, Injuries, and Medical Emergencies
5.8.1 The program director shall develop and
implement written procedures to be followed in case of accidents or injuries
and plans for accessing emergency services. The plan shall include:
-- Procedures to be followed in case of an accident, injury,
or medical emergency, including the method of transportation and notification
of parents; and
-- Procedures to be followed in case of accident, injury, or
medical emergency
-- when parents cannot be reached.
5.8.2 Staff shall ensure that if an accident
or injury occurs to a child, while in attendance, immediate action is taken to
protect the child from further harm and notification of the child's parents as
quickly as possible.
5.8.3 Staff
shall create and file an incident report for each accident, injury or medical
emergency that leaves a visible mark, or first aid has been administered, even
when medical treatment is not required. An incident report shall include the
name of the child, date, description of the injury or medical emergency, how it
occurred, adult witnesses, first aid provided, and medical care required. The
child's parent shall be provided a copy of the report at pick up that day.
Serious injuries, animal bites and death must be reported to the Division as
specified in the rules in section 3.2 of these regulations.
5.9
Children
with Special Health Care Needs, Disabilities, and/or English Language Learners
5.9.1 All children shall
be included in all activities possible unless a specific medical
contraindication exists.
5.9.2
Staff shall plan for the full and successful inclusion of children with special
health care needs, disabilities, and/or English Language Learners. An
individual child's plan shall be developed with the child's parents and staff.
The plan shall address any health or other particular needs of the
child.
5.9.3 Adaptations and
accommodations shall be made in activities, adult-child interactions, teaching
strategies and materials when needed to support the particular needs and
positive development of children with special health care needs, disabilities,
and/or English Language Learners.
5.10
Physical Environment
and Safety
5.10.1 General
Safety of Building and Grounds
5.10.1.1
General Safety: The licensee shall ensure the physical facilities of the
CBCCPP, grounds, equipment, and toys present no hazard to the health, safety,
and well-being of the children.
5.10.1.1.1
The licensee shall ensure that children are protected from electrical outlets,
such as by using protective covers, tamperproof outlets, or other devices
manufactured for this purpose.
5.10.1.1.2 Children shall be protected from
choking hazards presented by cords on window coverings, electric or electronic
appliances or equipment and telephones.
5.10.1.1.3 Furniture and equipment shall be
sturdy. Furniture and equipment that present a tipping or falling hazard shall
be secured.
5.10.1.1.4 Closet and
bathroom doors that can be locked shall have an unlocking device readily
accessible to staff. No locking or fastening device shall be used on the
outside of the door that would prevent free escape.
5.10.1.1.5 Children younger than three (3)
years of age shall not have unsupervised access to small toys and objects that
pose a choking hazard, deemed by the Consumer Product Safety Commission (CPSC)
as objects being smaller than their Choke Test Cylinder (1.25 inches in
diameter and 2.25 inches in length).
5.10.1.1.6 Sharp objects shall be kept out of
children's reach unless used for a planned activity and closely supervised by
an adult.
5.10.1.2 Fire
Safety
5.10.1.2.1 The licensee shall ensure
that the CBCCPP is in compliance with Vermont Division of Fire Safety rules at
all times. This includes but is not limited to:
-- Complying with Vermont Division of Fire Safety inspection
reports;
-- Having regular fire systems inspected with violations
identified during the inspection noted as corrected; and
-- Having fire extinguishers tagged with valid inspection
tags.
5.10.1.2.2 Staff shall
be physically able to assist in exiting all of the children present at one (1)
time in the case of a fire.
5.10.1.2.3 Staff shall be familiar with the
use and handling of a fire extinguisher.
5.10.1.3 Plumbing, Water and Sewage
5.10.1.3.1 The licensee shall ensure that the
CBCCPP plumbing is kept in good working condition.
5.10.1.3.2 The licensee shall ensure that the
CBCCPP meets all applicable plumbing codes as established by the Vermont
Division of Fire Safety.
5.10.1.3.3
The licensee shall ensure that the CBCCPP is in compliance with applicable
rules from the Department of Environmental Conservation at all times.
5.10.1.3.4 The licensee shall ensure that any
outlets used for drinking, cooking purposes, and brushing teeth is potable by
meeting Vermont's legally enforceable drinking water standards at all times.
Bottled water for drinking, cooking purposes, and brushing teeth shall be
provided until such time as at least one (1) outlet meets Vermont's legally
enforceable drinking water standards and is in compliance with CBCCPP rule
5.10.2.1.2.
5.10.1.4
Trash, Recycling and Composting
5.10.1.4.1
Garbage and compost shall be in containers that are securely covered.
5.10.1.4.2 Children shall only access compost
containers when under direct supervision of staff.
5.10.1.4.3 Recycling materials shall be
rinsed and stored in a manner that does not attract insects, rodents, or other
pests that pose a safety or health hazard for children.
5.10.1.4.4 Recycling items that pose a safety
hazard for children such as metal cans shall be inaccessible to
children.
5.10.1.4.5 Garbage,
recycling and compost shall be removed daily from rooms used by
children.
5.10.1.4.6 Garbage and
recycling shall be removed from the premises on a regular basis but not less
than once every fourteen (14) days.
5.10.1.4.7 Compost shall be removed from the
premises on a regular basis but not less than once every (7) days; unless a
contained composter is constructed outside, away from where children play, and
shall be maintained in a manner that does not pose any safety or health risks
to children.
5.10.1.5
Ventilation, Heating and Cooling
5.10.1.5.1
Any room in the CBCCPP used by the children shall be maintained at a minimum
temperature of 65°F and a maximum of 85°F at one (1) foot above floor
level. Areas used by infants shall be kept at least 68°F at floor
level.
5.10.1.5.2 Adequate
ventilation shall be provided indoors during hot weather. All rooms occupied by
children shall have at least one (1) window that opens and is properly
screened, unless artificial ventilation is used.
5.10.1.5.3 A window that opens and is
properly screened or an operating electric exhaust fan shall ventilate each
bathroom to the outside air.
5.10.1.5.4 The use of unvented kerosene
heaters is prohibited.
5.10.1.5.5
The licensee shall ensure that all heating and cooling equipment is safely
shielded to prevent injury to children and approved for use by the Vermont
Division of Fire Safety.
5.10.1.5.6
The licensee shall ensure that screens used on all windows, doors or other
openings to the outside are in good repair. Doors that remain open to the
outside, excluding fire doors, shall have screens.
5.10.1.5.7 The licensee shall ensure that air
conditioners, electric fans and heaters, including all floor or window fans are
inaccessible to children when they pose a health or safety hazard. If they are
mounted indoors or outdoors, they shall be securely attached.
5.10.1.6 Lighting
5.10.1.6.1 The licensee shall ensure that the
CBCCPP has sufficient natural and artificial lighting in all areas where care
and education is provided to allow children to see clearly to reduce the risk
of injury and allow staff to supervise the children visually.
5.10.1.6.2 The licensee shall ensure that
parking areas, pedestrian walkways, and other exterior portions of the premises
used by children, parents and staff members after dark are
illuminated.
5.10.1.7
Hazardous Finishes and Surfaces The licensee shall ensure that all surfaces and
finishes in the CBCCPP and premises are safe and non-hazardous.
5.10.1.8 Childhood Lead Poisoning Prevention
The licensee shall comply with the requirements of 18 V.S.A. Chapter 38 Vermont
Lead Law and shall ensure that Essential Maintenance Practices (EMP) is
performed. This includes but is not limited to protecting children from peeling
or chipping paint, and dust build up from the friction of moving doors or
windows.
5.10.1.9 Use of Pesticides
5.10.1.9.1 The licensee shall ensure that
pesticide applications shall be used only when other pest prevention and
control measures fail. Pesticides shall not be used to control pests for
aesthetic reasons alone. Whenever possible the CBCCPP shall use pesticides of
least risk. Only pesticides registered with the Vermont Department of
Agriculture, Food and Markets shall be used, and be documented in
administrative records as required in the rule 3.4.6.4 of these
regulations.
5.10.1.9.2 The
licensee shall ensure that all contracted pesticide applications shall be
applied only by commercial applicators certified by the Vermont Agency of
Agriculture, Food and Markets.
5.10.1.9.3 The licensee shall ensure that
parents of children and staff are notified in writing five (5) days prior to
any planned application of pesticides. Notice shall include the site of the
planned application, pests to be treated for, and proposed pesticide to be
used.
5.10.1.9.4 The licensee shall
ensure that application of pesticides shall only be made when children are not
present, that there is ample time to ventilate indoor areas after application,
and that surfaces that can be touched or mouthed by children are not treated or
are thoroughly cleaned and sanitized after an application. If outdoor
applications of pesticides are made while children are present, children shall
not be permitted in those areas until recommended by the manufacturer's
instructions and/or the applicator's instructions, if applied by a pest control
professional.
5.10.1.9.5 The
licensee shall ensure that pest baits are not to be used unless in childproof
bait boxes. Bait boxes shall be inaccessible to children.
5.10.1.10 Management of Toxic Substances
5.10.1.10.1 All containers of poisonous,
toxic, or hazardous materials present in the CBCCPP shall be labeled for easy
identification and used only in such a manner and under conditions that will
not contaminate food or create a hazard to the children or staff.
5.10.1.10.2 The storage of flammable liquids
and gases shall not be permitted in the CBCCPP except as permitted by the
Vermont Division of Fire Safety.
5.10.1.10.3 All poisonous or toxic materials,
except materials required for routine cleaning, shall be locked in a secure
storage area.
5.10.1.10.4 Materials
required for routine cleaning shall be stored and used in a safe manner out of
the reach of children.
5.10.1.10.5
Devices that diffuse or emit airborne chemicals such as anti-pest strips, ozone
generators, plug-in air fresheners, nail polish, nail polish remover, and
aerosol sprays shall not be used in the CBCCPP.
5.10.1.10.6 Plants accessible to children
(indoors and outdoors) shall be non-toxic.
5.10.1.10.7 Protection of Children from
Asbestos: Prior to any renovation or remodeling of the CBCCPP or if demolition,
repair, maintenance, or other conditions in the CBCCPP are observed that
indicate building material that may contain asbestos has been disturbed or
exposed, the licensee shall ensure that an assessment is performed by a person
certified by the Vermont Department of Health in compliance with statutory and
regulatory requirements of 18 V.S.A. Chapter 26 and the Vermont Department of
Health's Regulations for Asbestos Control. The licensee shall ensure that any
and all abatement recommendations made as a result of that assessment are
followed. A copy of the assessment, which includes the recommendations and
statement of compliance achieved, shall be submitted to the Division.
Regulatory action may be taken on the basis of children potentially exposed to
asbestos as a health hazard.
5.10.1.11 Use of Tobacco, Alcohol and Illegal
Drugs
5.10.1.11.1 The licensee and the program
director shall ensure that the use of tobacco and tobacco substitutes
(including ecigarettes), alcohol and illegal drugs is prohibited at the CBCCPP
(both indoor and outdoor environments used by children) and also in any vehicle
used to transport children.
5.10.1.11.2 No person in the CBCCPP shall use
or be under the influence of alcohol or drugs while present at the CBCCPP.
Medication prescribed by a physician or over the counter medication that does
not impair the ability of staff to adequately supervise and care for the
children may be taken.
5.10.1.12 Firearms and Other Weapons
The licensee shall ensure no firearms and other weapons;
including hunting knives, archery equipment, and weapon accessories such as
ammunition are present at the CBCCPP.
5.10.1.13 Telephones
5.10.1.13.1 The licensee shall ensure that
the CBCCPP has an operating telephone that is present and in service at all
times children are present. The telephone number shall be provided to the
Division and the parents of children that are enrolled. If an answering machine
is used, staff shall check it every fifteen (15) minutes to ensure parents are
able to communicate with staff during the day.
5.10.1.13.2 The program director shall ensure
that a list of the following phone numbers is posted or located near the phone
along with 911 and the directions to the CBCCPP:
-- Police;
-- Fire;
-- Ambulance/Rescue Squad;
-- Poison Center (1-800-222-1222);
-- Child Development Division;
-- Interpreter Service (when needed for enrolled children);
and
-- Child Abuse Hotline 800 number.
-- Parental contacts;
-- Emergency contacts; and
-- Doctor contact information.
5.10.1.14 Pets
5.10.1.14.1 The program director shall ensure
that animals present at the CBCCPP do not present a danger or health hazard to
the children and staff.
5.10.1.14.2
The program director shall ensure that any animals or pets present at or
brought into the CBCCPP are vaccinated as prescribed by law with documentation
maintained at the CBCCPP.
5.10.1.14.3 Animals present in the CBCCPP
shall be maintained and cared for in a safe and sanitary manner that does not
pose a health hazard for children or staff.
5.10.1.14.4 Animals shall not be allowed on
surfaces where food or drink is prepared or served.
5.10.1.15 Disruptive or Dangerous Behavior
The licensee shall prohibit any person, including but not
limited to parents, staff, partner staff or volunteers, from the CBCCPP and
property, when his/her presence or behavior disrupts the program, distracts the
staff from their responsibilities, intimidates or promotes fear among the
children and/or staff, or when there is reason to believe that his/her actions
or behavior presents a risk of harm to children present.
5.10.2 Kitchen
5.10.2.1 General Kitchen Provisions
5.10.2.1.1 The licensee shall ensure that all
on-site meal preparation shall have approval by the Division. The on-site
preparation of snacks only does not require approval by the Division.
5.10.2.1.2 The food preparation surfaces
shall not be used for other activities when food or drink is being prepared or
served. A bathroom sink shall not be used for food preparation.
5.10.2.1.3 The kitchen and all food
preparation, storage and serving areas, and utensils shall be kept clean,
sanitary, and free of insects, rodents, dust, and other contaminants.
5.10.2.1.4 The kitchen shall have at least
one (1) sink with a single spigot with hot and cold running water.
5.10.2.1.5 Children shall be permitted in the
meal preparation areas only when under the direct supervision of
staff.
5.10.2.2 Kitchen
Equipment, Dishwashing and Surfaces
5.10.2.2.1
All dishes, cups and glasses used by the children shall be free from chips,
cracks, or other defects.
5.10.2.2.2 The kitchen shall contain the
necessary operable equipment to prepare, store, serve and clean-up all meals
and snacks for children and adults. All kitchen machinery and equipment shall
be constructed and arranged to be easily cleanable and shall be in good
repair.
5.10.2.2.3 If the CBCCPP
uses a dishwasher, the dishwasher shall be installed and operated according to
the manufacturer's recommendations.
5.10.2.2.4 When a dishwasher is not
available, and single service items are not used for food service, the licensee
shall ensure there shall be three (3) compartments with a drain board set-up
for cleaning dishes. A four (4) step process shall include dishwashing,
rinsing, sanitizing, and air drying of all dishes and utensils.
-- Dishes shall be washed with soap in hot clean
water.
-- Dishes shall be rinsed in hot clean water.
-- Dishes shall then be immersed for at least ten (10)
seconds in a sanitizing rinse. The sanitizing rinse shall be EPA registered or
a diluted bleach and water mixture. If using bleach, staff shall follow the
manufacturer's instructions when mixing for this purpose.
-- Dishes shall be air dried.
5.10.2.2.5 All surfaces used for food
preparation shall be easily cleanable and non-porous.
5.10.2.2.6 All single service items including
cups, plates, spoons, forks, and other single service containers and utensils
shall only be used once.
5.10.2.3 Storage
5.10.2.3.1 The CBCCPP shall have a
refrigerator to keep perishable foods at 40°F or colder and a freezer to
maintain frozen food at 0°F or colder. Food stored in the refrigerator
shall be stored in a manner that allows the free circulation of cool air. All
refrigerated foods shall be covered.
5.10.2.3.2 The CBCCPP shall ensure that
perishable food provided by home is stored in insulated lunch boxes with at
least two (2) ice packs. The CBCCPP shall ensure that perishable food provided
by home is stored in a refrigerator as specified in the rule 5.10.2.3.1 of
these regulations when the perishable food is not stored in an insulated lunch
box, and/or not stored with at least two (2) ice packs.
5.10.2.3.3 All food shall be stored in
containers that are dated. Food items used by or intended for specific children
shall be plainly labeled.
5.10.2.3.4 All utensils, equipment and food
shall be stored in a clean, dry place free from insects, rodents, dust and
other contamination and shall be handled in such a manner as to prevent
contamination.
-- If stored openly, all containers and utensils shall be
stored eighteen (18) inches off of the floor;
-- Dishes shall be stored in a closed space;
-- Utensils shall be covered or inverted when not in use;
and
-- Single service items shall be purchased and stored in
sanitary cartons.
5.10.2.3.5
Food items shall be stored separately from cleaning
materials.
5.10.2.4 Food
Safety
5.10.2.4.1 The program director shall
ensure that individuals who are ill do not prepare food for children and are
not present in the food preparation area and that individuals with open sores
that cannot be covered do not handle or prepare food.
5.10.2.4.2 Foods shall be cooked to proper
temperatures and shall be served promptly after preparation. All reheated food
shall be cooked to at least 165°F. Hot foods shall be maintained at
temperatures not less than 135°F and cold foods shall be maintained at
temperatures not more than 41°F.
5.10.2.4.3 All readily perishable food shall
not be kept at room temperature for more than one (1) hour while being prepared
or served. Readily perishable food shall be stored in the refrigerator in a
covered shallow pan.
5.10.2.4.4
Frozen foods shall be thawed in the refrigerator, under cold running water or
defrosted in the microwave oven.
5.10.2.4.5 All unsafe, contaminated food
shall be disposed of promptly.
Swelled, rusty, dented or punctured canned food or drink
shall not be consumed.
5.10.2.4.6 Fresh fruits and vegetables shall
be thoroughly washed before being served.
5.10.2.4.7 Food that has been served to a
child or adult shall be disposed of if not eaten. Once food has been served, it
shall not be reused, served to a different child, or stored, except as
compost.
5.10.3
Outdoor Play Area
5.10.3.1 General Outdoor
Play Area Provisions
5.10.3.1.1 There shall
be a safe outdoor play area with a minimum of seventy-five (75) square feet per
child to provide opportunities for vigorous play and large muscle activity on
the premises or within a safe walking distance of the CBCCPP approved by the
Division.
5.10.3.1.2 The outdoor
play area shall include a provision for shade.
5.10.3.1.3 The play area shall be fenced or
otherwise protected from traffic and other hazards. Fencing or natural
barriers, such as hedges or other clear land boundaries, shall prevent children
from exiting and allow for safe supervision of outdoor play.
5.10.3.1.4 If fencing is used, it shall be
sturdy, safe, and reinforced to give support, constructed to discourage
climbing, and shall not prevent visual supervision of children by
staff.
5.10.3.1.5 Fencing installed
after the effective date of these regulations shall:
-- Be a minimum of four (4) feet in height with openings no
larger than 3.5 inches;
-- Equipped with gates with self-closing and self-latching
mechanisms; and
-- Include at least two (2) exits with one (1) that does not
lead into the CBCCPP.
5.10.3.1.6 The outdoor play area shall be
free of dumpsters, uncovered trash cans, highly flammable materials, standing
pools of water and other hazards. Staff shall inspect the outdoor play area
before children begin to play to make sure there are no hazards present such
as, but not limited to, animal feces, litter, adult tools, or other items that
might injure a child.
5.10.3.2 Play Equipment and Riding Toys
5.10.3.2.1 All outdoor play equipment shall
be sturdy, safe, clean and free from rough edges, sharp corners, pinch and
crush points, splinters, and exposed bolts.
-- To prevent entrapment, no openings in equipment shall be
between 3.5 and nine (9) inches.
-- Chains on swings shall have protective coverings and swing
seats shall be made of soft materials with no sharp edges.
5.10.3.2.2 Equipment shall be arranged so
that children playing on one (1) piece of equipment will not interfere with
children playing on another piece of equipment.
5.10.3.2.3 The licensee shall ensure that
large outdoor play equipment is anchored firmly in accordance with
manufacturers' specifications, is not located on concrete or asphalt surfaces
and is placed so as to accommodate manufacturers' specifications for use
zones.
5.10.3.2.4 Sandboxes shall
be maintained in a safe and sanitary manner.
5.10.3.2.5 Bicycles, tricycles, scooters, and
other riding toys shall be the correct size for the child using the riding toy,
and riding toys shall be maintained in good condition.
-- Tricycles shall not have spokes, and tricycles and
bicycles with chains shall have chain guards.
-- Staff shall ensure that all children wear properly fitting
safety helmets while riding outside on bicycles and using scooters.
5.10.3.3 Safe Use Zones
For all play equipment that is thirty (30) inches or higher
from the ground, including climbing equipment, slides, swings and other similar
equipment, the licensee shall ensure that the surface under and around the
equipment, including recommended use zones, is of approved resilient material
that protects children if they fall.
-- Materials in the use zone shall consist of wood chips, pea
stone, mulch, engineered wood fibers, sand, safety-tested shredded or rubber
like material or rubber mats designed for protective cushioning;
-- Materials used in the use zone shall follow the
recommendations listed in the most recent publication of U.S. Consumer Product
Safety Commission's Public Playground Safety Handbook regarding critical depth
of tested materials determined by the height of the highest climbing surface of
the equipment;
-- Materials used in the use zone shall be installed and
maintained according to the manufacturer's instructions;
-- If the resilient material in use zones freezes, staff
shall ensure that children will not play on the equipment until the resilient
material has thawed and is once again resilient.
5.10.4 Indoor Area
5.10.4.1 Access to Useable Space by Children
The licensee shall ensure that interior space licensed for
use by children shall provide a minimum of thirty-five (35) square feet of safe
useable space per child for the maximum number of children using the space at
one (1) time. Each child shall have adequate space for free movement and active
play. Measurements shall be from wall to wall on the inside of the building.
Furniture that restricts children's free movement and active play shall be
considered a deductible factor when determining square footage. Bathroom,
storage spaces, hallways, furnace rooms and other areas not used by children
for sleep or play on a routine basis shall not be counted in computing square
footage of useable space.
5.10.4.2 Exits: Stairways, hallways, windows,
and doors from rooms used by children shall be clear and unobstructed from
stored items, non-movable barriers, toys, and other items at all
times.
5.10.4.3 Steps and Stairs
5.10.4.3.1 The licensee shall ensure that
stairways over three (3) steps, inside and outside, have railings and are well
lit.
5.10.4.3.2 The licensee shall
ensure that safe and sturdy gates are used on stairways accessible to children,
at all times when children under thirty-six (36) months of age are
present.
5.10.4.4
Bathrooms
5.10.4.4.1 The CBCCPP shall include
at least one (1) conveniently located toilet and sink for every fifteen (15)
children present at any one (1) time.
5.10.4.4.2 Bathrooms identified in the rule
5.10.4.4.1 of these regulations shall only be used by children, parents, CBCCPP
staff, partner staff, auxiliary staff, the business manager, and volunteers of
the program while the program is operating.
5.10.4.4.3 The licensee shall ensure the
bathroom is equipped with properly functioning toilet(s) and hand sink(s) that
meet criteria in the rule 5.2.1.5 of these regulations.
5.10.4.4.4 Bathrooms used by enrolled
children shall have toilet paper readily available and dispensed properly.
Toilets shall be flushed after every use.
5.10.4.5 Cleanliness, Maintenance and Safety
5.10.4.5.1 The program director shall ensure
that the CBCCPP, its furnishings, and toys are kept in a clean and orderly
condition.
5.10.4.5.2 All interior
and exterior walls, roofs, chimneys, floors, doors, ceilings, windows,
skylights, stairways, ramps, and porches shall be maintained in good
repair.
5.10.4.5.3 The licensee
shall ensure that the CBCCPP is kept free from rodent and insect
infestation.
5.10.4.5.4 Carpeted
floors in areas where care and education is provided shall be vacuumed daily
and cleaned by hot water extraction at least twice per year.
5.10.4.5.5 Hard surfaces accessible to
children shall be smooth, nonporous, and easy to clean. See the rules in
section 5.2.6 of these regulations for a schedule for cleaning, disinfecting,
and sanitizing of specific surfaces and items.
5.10.4.5.6 Exterior stairs, walks, ramps, and
porches shall be cleared of ice and snow or other environmental hazards that
may block exits.
5.10.4.5.7 The
program director shall ensure that toys and other equipment used by children
are sturdy and free from hazards such as but not limited to rough edges, pinch
and crush points, splinters, exposed bolts, small loose pieces, areas that
cause entrapment, and free from recall from the U.S. Consumer Product Safety
Commission.
5.10.4.5.8 Mobile baby
walkers shall not be used unless deemed medically necessary by a qualified
health practitioner.
5.10.4.5.9
Trampolines may be used if they measure thirty-six (36) inches or smaller in
size.
5.10.4.5.10 The program
director shall ensure that all art and play materials are nontoxic.
5.10.5 Swimming
and Access to Water and Pools
5.10.5.1
Written permission from each child's parent shall be obtained prior to the
child engaging in swimming or wading activities. This written permission shall
be retained in each child's file.
5.10.5.2 Pool/Water Fencing
5.10.5.2.1 A fence is not required for water
filled wading pools.
5.10.5.2.2 For
in ground or above ground pools or natural or manmade bodies of water
accessible from the outdoor play area, the licensee shall ensure that a fence
is installed so that no child may gain access without staff approval,
observation, and supervision. Fences around pools shall be at least four (4)
feet high with a maximum vertical clearance of 3.5 inches at the bottom. Gates
shall swing outward with self-closing and self-latching devices installed at
least three (3) inches below the top of the gate on the side facing the
pool/water. Gates shall be locked when not in use.
5.10.5.3 Pool/Water Sanitation Practices
5.10.5.3.1 The program director shall ensure
that wading pools are cleaned and disinfected daily when used and filled with
fresh water at least daily. Wading pools shall be empty and stored dry when not
in use.
5.10.5.3.2 For in ground or
above ground pools the licensee shall ensure that the water is filtered and
maintained in accordance with the pool/filter manufacturer's recommendations.
Pools shall be maintained in accordance with sound health and safety
practices.
5.10.5.3.3 For natural
or manmade bodies of water accessible from the outdoor play area, the program
director shall visually inspect the area prior to use to ensure it is free of
hazards such as glass, animal feces or other health and safety risks.
5.10.5.4 Pool/Water Supervision/
Prohibitions
5.10.5.4.1 The program director
shall ensure that when children are using wading pools, staff with valid
certification in infant/child CPR is/are present, and physically and visually
supervising all children at all times.
5.10.5.4.2 The program director shall ensure
that when children are swimming or playing in in-ground or above ground pools
or natural or manmade bodies of water, staff who are confident swimmers and
hold a valid certification in infant/child CPR is/are present and physically
and visually supervising all children at all times.
5.10.5.4.3 When twelve (12) or fewer enrolled
children swim or play in an in ground or above ground pools or natural or
manmade bodies of water at one (1) time, the licensee shall maintain the
following staff/child ratios if no lifeguard is present:
-- One (1) adult: two (2) children for infants/toddlers and
pre-kindergarten age children;
-- One (1) adult: six (6) children for school age
children.
5.10.5.4.4 When
thirteen (13) or more enrolled children swim or play in in-ground or above
ground pools or natural or manmade bodies of water at one (1) time, the
licensee shall ensure that there is one (1) certified lifeguard assigned to
each group of twenty-five (25) or fewer children in the water.
5.10.5.4.5 Lifeguards shall possess first
aid, CPR, and lifeguard certification from the YMCA, American Red Cross (ARC),
Boy Scouts of America (BSA), Ellis & Associates or another nationally
recognized organization that provides equivalent certification.
5.10.5.4.6 When lifeguards are on duty
supervising the swimming area, they shall not be counted in the following
staff/child ratios. The minimum staff/child ratios for children participating
in a swimming activity supervised by a certified lifeguard shall be:
-- One (1): ten (10) for children age eight (8) and
older;
-- One (1): eight (8) for children ages six (6) and seven
(7);
-- One (1): six (6) for children ages three (3) -- five (5);
and
-- One (1): three (3) for children younger than three (3)
years.
5.10.5.4.7 The program
director shall develop a written aquatic plan that addresses supervision and
safety of swimming activities. This plan shall have a table of contents and
plot plan for any swimming facility in use by the program indicating where
first aid is to be practiced and where emergency equipment is to be placed. The
plan shall be:
-- Reviewed once every 365 days;
-- Updated as needed;
-- Known by all staff present at the swimming
facility;
-- Kept on file at the facility with a copy available while
swimming occurs;
-- In the case of off-site swimming locations, the plan is
formulated in conjunction with off-site aquatics personnel; and
-- Available for review.
5.10.5.4.8 The written aquatic plan shall
include the designation of an aquatic director who is responsible for the
implementation of the plan when children are present and shall include the
following systems:
-- Assessing each child's swimming ability performed by a
person who holds a valid American Red Cross (ARC) Water Safety Instructor (WSI)
certificate or current certificate issued by an approved certifying agency
providing for equivalent levels of training. When bathers are in water less
than waist deep, a system for assessing swimming ability is not
required.
-- Identification of each bather by name, predetermined
status of swimmer or non-swimmer, his/her swimming ability, and the area to
which the bather is assigned.
-- Identify a system for visual identification of each
child.
-- Restricting non-swimmers to areas where the water is less
then waist deep, except for "learn to swim" programs or when shallow water is
in a non-swimming area.
-- Recording the entry to and exit from the swim area for
each bather.
-- Assigning each bather to a buddy who must have the same
swimming ability. One threesome is allowed per swimming area. When children are
unable to comprehend or implement a buddy system, another method that provides
an equivalent level of bather safety, supervision and accountability shall be
substituted and described in the written aquatic plan.
-- Instructing buddies to notify the lifeguard when their
partner is distressed or missing.
-- Checking all bathers every fifteen (15) minutes.
-- Addressing a "lost swimmer" plan which becomes activated
when a check fails to account for all bathers and shall include clearing the
water and searching for and supervising children during the search for the lost
swimmer.
5.10.5.4.9
Swimming/use of pools/bodies of water is prohibited during hours of
darkness.
5.10.5.4.10 Diving is
prohibited for enrolled children.
5.10.6 Transportation
5.10.6.1 Vehicle Safety
5.10.6.1.1 The licensee shall ensure that any
vehicle, owned by the CBCCPP, used for transporting children be registered,
inspected, and insured according to state law.
5.10.6.1.2 The licensee shall ensure that any
vehicle, owned by the CBCCPP, used to transport children is equipped with a
first aid kit and additional emergency items as specified in the rule 5.7.3 of
these regulations.
5.10.6.1.3 The
program director shall ensure that any vehicle, not owned by the CBCCPP, meets
requirements in the rules 5.10.6.1.1 -- 5.10.6.1.2 of these regulations. This
documentation shall be kept on file at the CBCCPP for 365 days.
5.10.6.1.4 The program director shall ensure
that any driver does not transport more persons, including children and adults,
than the capacity of the vehicle.
5.10.6.2 Car Seats and Seat Belts
5.10.6.2.1 All children under eight (8) years
of age shall be properly secured in a federally approved child restraint system
appropriate to their weight and size unless a child's medical condition
requires the use of a special seat. These child restraint system requirements
do not apply to bussing options that do not have seat belts.
5.10.6.2.2 All children over eight (8) years
of age, the driver, and any adult passengers shall be properly restrained using
a child restraint, or safety belt system in good working order at all
times.
5.10.6.3 Interior
Temperature of Vehicle
All vehicles shall have operable heating and air
conditioning. A comfortable temperature shall be maintained in vehicles while
transporting children. Buses that are not equipped with an air conditioning
feature may be used when the interior of the bus does not exceed 85°F
degrees.
5.10.6.4 Vehicle
Maintenance
5.10.6.4.1 The licensee shall
ensure that any vehicle, owned by the CBCCPP, used to transport children is
safe and in good repair.
5.10.6.4.2
When a vehicle is used to transport children that is not owned by the CBCCPP,
the program director shall obtain a written statement from the vehicle owner
stating the vehicle is safe and in good repair. This documentation shall be
kept on file at the CBCCPP for 365 days.
5.10.6.5 Qualifications and Safe Practice of
Driver
5.10.6.5.1 The licensee shall ensure
that the driver of any motor vehicle, employed by the CBCCPP, who is
transporting children, holds a valid operator's license that is appropriate for
that vehicle. If sixteen (16) or more persons, including the driver, are
transported at one (1) time, the driver shall hold a valid commercial driver's
license with a passenger endorsement.
5.10.6.5.2 The licensee shall ensure that the
driver, employed by the CBCCPP, obeys all traffic laws.
5.10.6.5.3 The licensee shall ensure that the
driver, employed by the CBCCPP, does not use a cell phone or text while
driving. Should communication be necessary, the driver shall park the vehicle
before using any hand held device.
5.10.6.5.4 The program director shall ensure
that the driver of any motor vehicle, not employed by the CBCCPP, who is
transporting children, meets the requirements in the rules 5.10.6.5.1 -
5.10.6.5.3 of these regulations.
5.10.6.6 Safety and Supervision of
Transported Children
5.10.6.6.1 The program
director shall ensure that written permission is obtained from parents prior to
providing transportation of children. Parents shall also be notified when
someone not employed by the program may transport their child. This written
permission shall be retained in each child's file.
5.10.6.6.1.1 Written permission authorizing
the CBCCPP to transport children home shall specify the address where the
children shall be released and whether the child may be released without an
authorized person present.
5.10.6.6.1.2 Written permission authorizing
the CBCCPP to release a child to a transportation service not under the
authority of this CBCCPP shall be noted as such within the written
permission.
5.10.6.6.2 No
child shall ever be left unattended or unsupervised in a vehicle at any
time.
5.10.6.6.3 Staff/child ratios
established in the rules in section 6.2.1 of these regulations shall be
maintained at all times while children are being transported.
5.10.6.6.4 No more than six (6) children
shall be transported in a vehicle without the presence of a second adult in
addition to the driver.
5.10.6.6.5
The program director shall ensure that when there are three (3) or more
non-ambulatory children in the vehicle, there must be at least two (2) staff
members present. When there are more than six (6) non-ambulatory children in
the vehicle a one (1): four (4) staff/child ratio shall apply in addition to
the driver.
5.10.6.6.6 The program
director shall establish and implement a procedure for accounting for all
children transported. The procedure shall minimally include:
-- Recording information on all trips including date, time,
driver, vehicle, and children transported;
-- Recording the adult, a child was released to if not CBCCPP
staff;
-- Recording the address, a child was released to if not to
an authorized person or CBCCPP Staff; and
-- A method for confirming that every child exits the vehicle
after each trip.
5.10.6.7 The program director shall ensure
that when the CBCCPP provides transportation, the maximum amount of time a
child can be transported to or from the child's home, the CBCCPP, or school
shall not exceed forty-five (45) minutes one (1) way.
5.10.7 Field Trips
5.10.7.1 The program director shall ensure
that written parental permission is obtained prior to all field trips and shall
include type of transportation, and if travel to a special field trip will
exceed the forty-five (45) minute limit one way. This written permission shall
be retained in each child's file.
5.10.7.2 The program director shall ensure
that written parental permission is obtained prior to all walking trips as
required in rule 5.10.7.1 of these regulations.
5.10.7.3 Children's health and safety shall
be protected at all times when on field trips or walking field trips.
5.10.7.4 Playgrounds and playground equipment
used by children on field trips or walking field trips shall meet or exceed
requirements in the rules in section 5.10.3 of these regulations related to
outdoor play areas.
5.10.7.5 The
program director shall ensure that all staff/child ratios established in the
rules in section 6.2.1 of these regulations are maintained during field trips
and walking field trips.
5.10.7.6
Children shall be physically and visually supervised by staff at all times when
on field trips or walking field trips.
5.10.7.7 When a field trip includes access to
pools or natural or man-made bodies of water, staff shall:
-- Visually inspect the area prior to use to ensure it is
free of health and safety hazards such as broken glass, animal feces, strong
currents or posted health warnings;
-- Ensure that all rules related to Water
Supervision/Prohibitions in the rules in section 5.10.5.4 of these regulations
are strictly maintained; and
-- Ensure that children are restricted to areas where water
is less than waist deep unless the child's swimming ability has been
assessed.
5.11 Food and Nutrition
5.11.1 Meals and Snacks
5.11.1.1 The program director shall develop
and implement a written policy concerning meals and snacks. This policy shall
be provided to all parents at the time of enrollment as required in the rule
4.7 of these regulations. It shall include:
-- A description of all food services provided;
-- Usual time of snacks and meals;
-- Policies and procedures related to food allergies,
religious dietary requirements, and other special needs; and
-- Policies and procedures for safe eating habits.
5.11.1.2 The program director shall
ensure that individuals responsible for food preparation have knowledge of
nutritional requirements, sanitary food preparation, storage and clean-up and
adhere to the CBCCPP's policies related to food safety and food and
nutrition.
5.11.1.3 The program
director shall ensure that menus are planned in advance, dated, and posted so
that they are clearly visible to parents. Any changes to the posted menu shall
be noted. Menus of meals and snacks for the preceding six (6) weeks shall be
kept on file.
5.11.1.4 Children
shall be introduced to a variety of food textures, finger foods and use of a
cup for self-feeding and nutrition education. Children shall be encouraged to
serve and feed themselves.
5.11.1.5
Children shall be offered food and provided an opportunity for seconds when the
food is provided by the program but shall not be forced to eat.
5.11.2 Nutritional Content of
Meals and Snacks
5.11.2.1 The program director
shall ensure that children are minimally served the following meals and snacks
based on the time the children are present:
-- Four (4) hours or less: one (1) snack;
-- Four (4) to six (6) hours: one (1) meal and one (1)
snack;
-- Six (6) to eleven (11) hours: two (2) meals and one (1)
snack, or one (1) meal and two (2) snacks;
-- More than eleven (11) hours: three (3) meals and two (2)
snacks; and
-- School age children attending school for a full day shall
be offered a snack within one (1) hour of their afternoon arrival.
5.11.2.2 The program director
shall ensure that the meals and snacks provided meet the current USDA/Child and
Adult Care Food Program (CACFP) meal pattern requirements that are adjusted
according to the age of each child.
5.11.2.3 100% fruit juice may be served.
Other juice and sugar sweetened or artificially sweetened beverages shall not
be served.
5.11.2.4 When milk
products are provided by the program it shall meet the following criteria:
Fluid pasteurized cow's milk, 1% or skim shall be served to all children over
the age of two (2) years; and children one (1) to two (2) years of age shall
have whole pasteurized cow's milk when not on formula or breast milk. For
drinking purposes, powdered milk shall not be used as a substitute for fluid
milk.
5.11.3 All hot
foods and liquids shall be kept out of children's reach, except when directly
supervised and children are engaged in cooking activities or family style meals
are being served. An adult who is cooking or drinking a hot beverage shall not
hold children.
5.11.4 Drinking
water shall be readily available to children at all times.
5.11.5 The licensee shall ensure that if food
is provided to the CBCCPP by a vendor that the vendor has a valid Food Service
Establishment License from the Vermont Department of Health.
5.11.6 Infant Nutrition
5.11.6.1 Staff shall ensure parents of each
enrolled infant provide written feeding instructions specifying the child's
primary source of nutrition (breast milk, infant formula, or both) and feeding
schedule. The instructions shall be updated as the child's diet
changes.
5.11.6.2 Infants shall be
fed according to their individual feeding schedule and needs.
5.11.6.3 Introduction to all new foods shall
be made only with the parents' permission.
5.11.6.4 Infants shall be held for
bottle-feeding until they are able to hold an unsupported bottle. At no time
shall a bottle be propped for feeding an infant.
5.11.6.5 Bottles shall be individually
labeled with the infant's name and refrigerated immediately after preparation
by staff or upon arrival if prepared by a parent.
5.11.6.6 Infants shall not be served the
formula or breast milk of another infant.
5.11.6.7 Formula and breast milk shall not be
heated or thawed in a microwave oven. Formula, or milk, if heated, shall be
served to children only after contents have been properly mixed and determined
to be a safe temperature.
5.11.6.8
Open containers of ready-to-feed or concentrated formula shall be covered,
refrigerated, and discarded after forty-eight (48) hours if not used. Freshly
mixed powder or liquid concentrate shall be covered, refrigerated, and
discarded after twenty-four (24) hours if not used. Unused portions of formula
that were offered to the infant shall be discarded after each feeding
5.11.6.9 Unused portions of breast milk that
was offered to the infant shall not be served again and shall be labeled as
expired, refrigerated, and returned to the parent after each feeding. Freshly
expressed breast milk which has not been fed to the infant may be stored at
room temperature for no more than four (4) hours. After which it shall be
refrigerated or fed to the infant. Unused, stored breast milk shall be returned
to the parent after ninety-six (96) hours if refrigerated and after six (6)
months if frozen.
5.11.6.10 Formula
or milk shall not be mixed with cereal, fruit juice, or any other foods in the
child's bottle without written documentation from the infant's health care
provider. Commercially prepared formula shall be prepared and stored according
to directions.
5.11.6.11 Foods for
infants shall be of a texture and consistency that promotes safe consumption
and reduces the risk of choking.
5.11.6.12 Baby food for each infant shall be
served from a dish unless the entire contents of the jar will be consumed at
one (1) time. Containers of baby food that are opened but not depleted shall be
covered, dated and labeled. Opened baby food must be used or discarded within
thirty-six (36) hours from initial opening.
5.11.6.13 Sanitary methods shall be used in
handling formula, breast milk, bottles, and nipples. Bottles and nipples that
will be reused must be thoroughly washed between uses. Pre-filled bottles for
single use by one (1) child shall be cleaned and sent home.
5.11.7 When the parents furnish meals or
snacks, parents shall be provided with a copy of the CACFP Guidelines and shall
be encouraged to provide appropriate portions that are adequate and
nutritious.
5.11.8 Special
Nutritional Requests and Restrictions
5.11.8.1
The program director shall ensure that special or therapeutic diets are served
by the CBCCPP only upon written instructions from the child's health care
provider.
5.11.8.2 The program
director shall ensure that if the parent requests modification of basic meal
patterns due to a child's medical need such as food allergies or food
intolerance that the parent provides the CBCCPP with written documentation from
the child's health care provider authorizing the modification.
5.11.8.3 The program director shall ensure
that if the parent requests modification of basic meal patterns due to a
family's food preferences or religious beliefs that the parent provides staff
with written documentation specifying which foods are unacceptable and which
food substitutions are allowed from the same food group.
5.11.8.4 As long as appropriate documentation
is provided, staff shall consistently accommodate special nutritional requests
and restrictions from parents. Staff shall know and accommodate children's food
allergies.
CBCCPP Section 6 Teaching and Learning.
6.1
Program of
Developmental Activities (Curriculum)
6.1.1 The program director shall manage the
programming of educational and developmental activities to ensure curriculum is
developmentally appropriate as required in the rules in section 6.1 of these
regulations.
6.1.2 Outdoor Play
Opportunities
6.1.2.1 Except as specified in
rule 6.1.2.2 of these regulations, children shall be provided opportunities for
moderate to vigorous play and gross motor activity outdoors on the premises or
within a safe walking distance of the CBCCPP for at least sixty (60) minutes
each day. For programs that operate less than four (4) hours per day, staff
shall ensure that children are provided at least thirty (30) minutes of outside
physical activity each day.
6.1.2.2
The program director shall be aware of extreme weather conditions such as
excessive heat and humidity, cold temperatures including wind chill factors, or
poor air quality that could affect the
6.1.2.3 On any day when children are not able
to play outside, staff shall provide opportunities for children to participate
in at least thirty (30) minutes of moderate to vigorous physical activity
indoors.
6.1.2.4 Staff shall be
interacting with children during outside play.
6.1.3 Schedules and Routines
6.1.3.1 Staff shall develop, document, and
implement a consistent daily routine that includes a balance of:
-- Opportunities for individual, small group and full group
play and learning;
-- Opportunities for child-directed as well as
provider-directed activities;
-- Active and quiet play;
-- Rest or quiet time as appropriate; and
-- Indoor and outdoor play.
6.1.3.2 The program director shall ensure
that a written schedule is developed for each group of children and is posted
where it is clearly visible to parents, staff, and for children as appropriate.
The schedule shall show blocks of time usually assigned to different types of
activities in the daily and weekly routine as in rule 6.1.3.1 of these
regulations.
6.1.4
Opportunities for Development and Learning
6.1.4.1 Toys, Equipment and Learning
Materials (Indoors and Outdoors)
6.1.4.1.1
Toys, materials and equipment shall be varied and available in a quantity that
allows all children to benefit from their use, allows a range of choices, and
reduces conflicts between children.
6.1.4.1.2 Toys, materials and equipment shall
support developmentally appropriate and meaningful learning experiences and
meet the needs and interests of each child.
6.1.4.1.3 Toys, materials and equipment shall
reflect children's cultures and communities and foster awareness of other
cultures and communities.
6.1.4.1.4
Furniture and equipment children use for play and daily routines shall be
durable and appropriate for the size, abilities, and activities of the
children.
6.1.4.1.5 Comfortable
adult size seating shall be available in infant/toddler classrooms.
6.1.4.2 Developmentally
Appropriate Experiences
6.1.4.2.1 The amount
of awake time children under twenty-four (24) months of age spend in any
confining equipment, such as a crib, playpen, port-a-crib, swing, or seat shall
be limited to less than thirty (30) minutes in any two (2) hour
period.
6.1.4.2.2 Children under
three (3) years of age shall be encouraged and supported to develop self care
skills and habits. Children three (3) years of age to school age shall be
encouraged and supported to develop and master independence of self care skills
and habits.
6.1.4.2.3 Children
shall be engaged in developmentally appropriate play, sensory activities, and
learning experiences in each of the following areas:
-- Communication and Expression: Language and literacy
development, and creative arts;
-- Learning about the world: social studies, science, and
math; and
-- Developing of self: approaches to learning, social and
emotional development, growing, moving, and being healthy.
6.1.4.3 Respect for Diversity
6.1.4.3.1 The environment shall be respectful
and reflect an understanding of the diversity of families, cultures, and
ethnicities attending the CBCCPP and those persons in the surrounding
communities.
6.1.4.3.2 Materials
and experiences provided to children shall reflect the diversity found in
society including gender, family composition, age, language, and
abilities.
6.1.4.4 Screen
Time Limitations
6.1.4.4.1 Screen time shall
not be used for children younger than two (2) years of age.
6.1.4.4.2 Screen time shall be limited to
programs and games that are developmentally appropriate and educational except
for a developmentally appropriate movie for entertainment to be used no more
than once per month.
6.1.4.4.3
Screen time shall not expose children to inappropriate content such as content
that is sexually explicit, violent or contains inappropriate
language.
6.1.4.4.4 Screen time
shall be supervised by staff.
6.1.4.4.5 Screen time shall not exceed thirty
(30) minutes daily per child or group of children except for school age
children using technology to complete homework assignments and a once per month
two (2) hour movie.
6.1.4.4.6 The
use of assistive technology by a child with special needs that is included on
his/her Children's Integrated Services (CIS) One Plan, Individual Family
Service Plan (IFSP), or Individual Education Plan (IEP) shall not be included
in this definition of screen time.
6.1.4.4.7 Developmentally appropriate
alternatives shall be available when television/video viewing occurs.
6.1.5 Teaching and
Learning Opportunities
6.1.5.1 Infants and
Younger Toddlers (Children under twenty-four (24) months of age)
6.1.5.1.1 Individual development and learning
activities shall be developed and implemented for the care of each child under
twenty-four (24) months of age. These activities shall include individual
developmental goals with specific activities and experiences to be provided by
staff to support the goals. The child's progress shall be shared with
parents.
6.1.5.1.2 Staff shall
maintain a daily written record of the feeding, sleeping, diapering, and
developmental progress of all children under twelve (12) months of age to be
shared with parents at the end of each day.
6.1.5.1.3 Children under twenty-four (24)
months of age shall experience frequent positive interactions with a consistent
staff member or team that provides each child with the following opportunities
throughout the day:
-- Face to face interaction;
-- Being held and carried;
-- Individual and parallel play;
-- Cooperative play and small group activities;
-- Being talked to during play, feeding, and routine
care;
-- Being read to and looking at books;
-- Naming of objects and experiences in the
environment;
-- Space and equipment to support developing gross motor
skills such as rolling over, sitting, scooting, crawling, standing, climbing,
and walking;
-- Space and materials to support developing small motor
skills such as eating finger foods, stacking, balancing, scribbling, and
drawing;
-- Developmentally appropriate problem solving;
-- Encouragement to explore, experiment and initiate
activities;
-- Open ended play and activities; and
-- Time and space to gain mastery through play and learning
by doing.
6.1.5.1.4 Staff
shall respond to children's actions, sounds and beginning language with
interest and encouragement.
6.1.5.2 Older Toddlers and
Pre-kindergarteners (Children two (2) years of age to School Age)
6.1.5.2.1 Children two (2) years of age to
school-age experience shall experience frequent positive interactions with a
consistent staff member or team that provides each child with the following
opportunities throughout the day:
-- Face to face interaction;
-- A combination of individual, small group, and large group
experiences;
-- Conversation with adults and peers during play, eating,
and routine care;
-- Being read to and looking at books, individually and in a
group;
-- Space and equipment to support developing gross motor
skills such as catching and throwing, balancing, jumping, climbing, running,
and skipping;
-- Space and materials to support developing small motor
skills such as using manipulatives, scribbling, drawing, and writing;
-- Materials, experiences and support for developmentally
appropriate pre-literacy and literacy skills;
-- Materials, experiences, and support for developmentally
appropriate mathematical and scientific concepts;
-- Open-ended play and activities;
-- Positive recognition of efforts, not just results;
-- Developmentally appropriate problem solving;
-- Materials, time, and encouragement to engage in extended
and complex play alone and with peers;
-- Experiences that promote social competence and cooperative
play;
-- Encouragement to explore, experiment and initiate
activities;
-- Developmentally appropriate independence; and
-- Time, space, and encouragement to gain mastery through
play and learning by doing.
6.1.5.2.2 Staff shall respond to children's
words and actions with interest and encouragement, supporting the development
of independence and the mastery of developmentally appropriate skills.
6.1.5.2.1
6.1.5.3 School
Age Children
School age children shall experience positive interactions
with a consistent staff member or team that provides each child with the
following opportunities throughout the day:
-- Active physical play;
-- A mix of individual, small group and large group
activities;
-- Conversation with adults and peers;
-- Open-ended play and activities;
-- Positive recognition of efforts, not just results;
-- Developmentally appropriate problem solving;
-- Materials, time, and encouragement to engage in extended
and complex play alone and with peers;
-- Encouragement to explore, experiment and initiate
activities;
-- Developmentally appropriate independence;
-- Time and space for socialization, relaxation, and quiet
activities;
-- Time and support for completing homework as needed;
and
-- Encouragement to plan and carry out a self-chosen and
directed activity.
6.1.6 Observation, Assessment and
Documentation
6.1.6.1 A developmentally
appropriate system for observing, assessing, and documenting each child's
learning and growth shall be implemented.
6.1.6.2 The documentation of children's
learning and development required in the rule 6.1.6.1 of these regulations
shall inform the parent conferences held twice a year as required in the rule
4.3.1 of these regulations.
6.2
Building Healthy
Relationships
6.2.1
Maximum Capacity, Group Size and Staffing
6.2.1.1 All children present and
unaccompanied by a parent at the CBCCPP shall be included in determining the
capacity of the program at any one time. Children, whose parent(s) are a staff
member, count in ratio when they are present at the CBCCPP.
6.2.1.2 The number of children served by the
CBCCPP at any one (1) time shall not exceed the maximum capacity allowed
written on the license certificate.
6.2.1.3 The program director shall ensure
that the number of staff present meets requirements described in the chart
below for ages of children, maximum group size, and staff/child ratios at any
time of day.
|
Age
|
Maximum Group Size
|
Staff/ Child Ratio
|
|
Birth - 18 months
|
8
|
1:4
|
|
18 months - 30 months
|
10
|
1:4
|
|
24 months - 36 months
|
10
|
1:5
|
|
32 months - 42 months
|
15
|
1:6
|
|
36 months - Kindergarten
|
20
|
1:10
|
|
1st grade and up
|
26
|
1:13
|
6.2.1.4 Staff who are qualified as defined in
the rules in section 7.3 of these regulations, meet professional development
requirements as defined in the rules in section 7.4 of these regulations, and
are physically present and working with children may be counted in staff/child
ratios.
6.2.1.5 Substitutes who are
temporarily filling a staff position may be left alone with children and may
count in staff/child ratios.
6.2.1.6 Classroom aides shall not be counted
in staff/child ratios when they are performing the job responsibilities of a
classroom aide. A classroom aide may be left alone with the child or children
to whom he/she is assigned.
6.2.1.7
Partner staff shall not be left alone with children and shall not count in
staff/child ratios at the CBCCPP.
6.2.1.8 Auxiliary Staff, of the CBCCPP who do
not meet qualifications as defined in the rules in section 7.3 of these
regulations, shall not be left alone with children and shall not count in
staff/child ratios. Auxiliary Staff of the CBCCPP, who hold at least a current
Vermont Agency of Education license with one of the following endorsements, may
be left alone with children and may be counted in staff/child ratio for no more
than one (1) hour per day to provide education or supervision within the scope
of their license:
-- Art;
-- Associate School Nurse;
-- Early Childhood Special Education;
-- Educational Speech Language Pathology;
-- English Language Learner;
-- Music;
-- Physical Education;
-- Principal;
-- School Counselor;
-- School Librarian;
-- School Nurse;
-- School Psychologist;
-- Social Worker;
-- Teacher of the Deaf and Hard of Hearing; and/or
-- Teacher of the Visually Impaired.
6.2.2 Mixed Age Groups
The program director shall ensure that for mixed age groups,
the staff/child ratios and maximum group size meet requirements for the age of
the youngest child in any group.
6.2.3 Nap Time
6.2.3.1 When children twenty-four (24) months
of age and older are napping, at least one (1) staff member shall supervise
each group of sleeping children. When children are sleeping, staff shall be
positioned to allow for visual supervision of the children.
6.2.3.2 Other staff required to be present in
the rule 6.2.1.3 of these regulations shall be within direct hearing distance
to their assigned group of children in case of an emergency.
6.2.4 Staffing Schedule
6.2.4.1 The licensee shall ensure that the
CBCCPP has at least one (1) staff member who meets the qualification for the
position of program director and that the program director is present at the
CBCCPP at least 60% of the hours of operation.
6.2.4.2 The program director shall ensure
that when he/she is not present at the CBCCPP that another staff member is
designated and in-charge of the CBCCPP.
6.2.4.3 The program director shall ensure
that each group of children is led by a staff member who is at least qualified
as a teacher associate for at least 75% of the hours of operation.
6.2.4.4 The program director shall ensure
that a staff member who is at least qualified as a teacher assistant is present
while children are present at the CBCCPP.
6.2.4.5 When seven (7) or more children are
present, a second adult, who could assist in an emergency, shall be within
direct hearing distance of the licensed space at all times.
6.2.4.6 When a substitute fills a staff
position for thirty (30) or more consecutive days within a 365 day period, the
substitute shall be fully qualified for the position he/she fills and shall no
longer be considered a substitute but is considered a full staff person subject
to all requirements for staff in these regulations.
6.2.4.7 The program director shall ensure
safe care and education of children occurs when one (1) or more trainee under
eighteen (18) years of age is working in a classroom with children.
6.2.4.8 Trainees between fifteen (15) -
seventeen (17) years of age shall be under the direct supervision of a staff
member who meets teacher associate or higher qualifications as in rules in
section 7.3.2 of these regulations and may not be left alone with
children.
6.2.4.9 Trainees who are
at least eighteen (18) years of age shall be mentored by a staff member who
meets teacher associate or higher qualifications as in rules in section 7.3.2
of these regulations and may be left alone with children.
6.2.5 Quality of Interactions
6.2.5.1 Each child shall be treated with
consideration and respect with equal opportunities to take part in all
developmentally appropriate activities.
6.2.5.2 Staff shall appropriately hold,
touch, smile and talk to children.
6.2.5.3 Staff shall speak to children at
their eye level.
6.2.5.5 At least
one (1) staff member shall sit with children during meals and snacks.
6.2.5.6 Staff shall listen to children with
attention and respect.
6.2.5.7
Children shall be attended to when they cry.
6.2.5.8 Nurturing activities performed by
staff, including diapering, toileting, feeding, dressing, and resting; shall be
performed in a relaxed, reassuring and individualized manner that is
developmentally appropriate and promotes the child's learning, self-help and
social skills.
6.2.5.9 Nurturing
activities performed by staff shall be performed with consideration of the
parents' expressed preferences and nurturing practices when these are
developmentally appropriate and do not constitute a violation of these
regulations.
6.2.5.10 Staff's
voices shall not dominate the overall sound of the group.
6.2.6 Supervision of Children
Staff shall ensure visual supervision of children, except as
allowed in rules 6.2.6.1-6.2.6.4 of these regulations.
6.2.6.1 Staff shall be able to hear all
children of pre-kindergarten age and younger at all times, shall be able to see
the children with a quick glance, and shall be able to physically respond
immediately.
6.2.6.2 Staff shall
know the whereabouts and activities of all school age children at all times and
shall be able to physically respond immediately.
6.2.6.3 When children are eating, staff shall
be positioned to allow for visual supervision of all children and shall be able
to physically respond immediately to any child that may be choking.
6.2.6.4 When children are outside playing,
staff shall be outside visually supervising the children.
6.2.6.5 Children shall be protected from the
harmful acts of other children.
6.2.6.6 The program director shall ensure
that no person be left alone with children without approval from the Division
based on the results of a background check that includes fingerprinting; with
the exception of a parent may be left alone with his/her own
child(ren).
6.2.7
Positive Guidance and Behavior Management
6.2.7.1 The program director shall develop
and implement a policy in plain language regarding positive guidance and
behavior management of children. The policy shall be routinely provided to
staff and parents.
6.2.7.2 Staff's
expectations of children's behavior and responses to children's behavior shall
be appropriate to each child's level of development and understanding. Guidance
shall be designed to meet the individual needs of each child.
6.2.7.3 Staff shall use positive methods of
guidance and behavior management that encourage self-control, self-direction,
self-esteem, and cooperation.
6.2.7.4 No form of inappropriate discipline
or corporal punishment shall be used with children such as but not limited to:
6.2.7.4.1 Hitting, shaking, biting,
pinching;
6.2.7.4.2 Restricting a
child's movements or actions through use of physical force, binding, tying, use
of any other mechanical restraint, or using medication without written parental
permission, without following the medicine's label, and/or without following
medical prescription;
6.2.7.4.3
Withholding of food, water, or toilet use;
6.2.7.4.4 Confining a child in an enclosed or
darkened area, such as a closet or a locked room; 6.2.7.4.1
6.2.7.4.5 Inflicting mental or emotional
punishment such as humiliating, shaming, threatening, or frightening a child;
or
6.2.7.4.6 Making disparaging
remarks regarding a child or his/her family.
6.2.7.5 No punitive action shall be taken
with children for not going to sleep, for toileting accidents, for failure to
eat all or part of a meal or for failure to complete a prescribed
activity.
6.2.7.6 Profanity and
obscene language shall not be used in the CBCCPP while children are
present.
6.2.7.7 The program
director shall consult with parents and professionals to design an effective
behavior management plan and adapt behavior management practices for a child
who exhibits a pattern of challenging behaviors.
6.2.8 Transitions
6.2.8.1 The program director shall work with
parents to create and utilize a positive transition plan when admitting a new
child into the CBCCPP. This should involve such procedures as the exchange of
pertinent information concerning the child, phased-entry to the program, and
the assignment to a group of children and a staff member or team.
6.2.8.2 The program director shall create and
utilize a positive transition plan with the introduction of a new staff member
and shall ensure that parents are notified.
6.2.8.3 Staff shall ensure that a positive
transition plan is created and utilized with parental knowledge and support
when a child is moved from one (1) group or room to another group or
room.
6.2.8.4 The licensee shall
support continuity of care and education. In the event that a child's continued
enrollment is at risk, the following shall apply:
6.2.8.4.1 The program director shall consult
with the child's parent(s) and professionals, as appropriate, to develop and
implement a plan to address concerns, with the goal of continuing the child's
enrollment.
6.2.8.4.2 In the event
that the concerns cannot be resolved, written notice to the child's parent(s)
is required with at least five (5) days' notice prior to expulsion.
6.2.8.4.3 When a child is expelled from the
program, a full copy of the child's file must be provided to the child's
parent(s) on or before the child's last day in the program. The CBCCPP shall
retain documentation that the file was provided to the parent.
6.3
Supporting Children with Special Needs
6.3.1 The curriculum shall be adapted to
provide all children opportunities to participate in all activities that are
appropriate to their age and development.
6.3.2 If a parent of a child with an
identified disability voluntarily provides copies of the child's Individual
Education Plan (IEP), Children's Integrated Services (CIS) One Plan, or the
equivalent; staff shall maintain this document in the child's file and review
with all staff working with that child.
6.3.3 Activities shall be adapted for
children with disabilities and/or for children who are English Language
Learners to reach the goals described in the child's IEP, CIS One Plan, or the
equivalent.
6.3.4 Staff shall
follow modifications in routine and emergency procedures and for nurturing
activities including diapering, toileting, feeding, dressing and resting,
related to children with special needs that are developed in consultation with
the child's parent and professionals or agencies providing services to the
child.
CBCCPP Section 7 Program Personnel/Staffing.
7.1
General Requirements
for CBCCPP
7.1.1 Health
Requirements
7.1.1.1 Staff and partner staff
shall be healthy and physically able to perform their caregiving
responsibilities. Staff and partner staff who are incapacitated by illness,
extreme fatigue or any condition that limits their ability to safely work with
children shall not do so until their condition is improved.
7.1.1.2 Staff and partner staff shall follow
the exclusion policies as set forth in the Signs and Symptoms Illness Chart
related to contagious illness, (See Appendix A).
7.1.1.3 Auxiliary staff shall follow the
exclusion policies as set forth in the Signs and Symptoms Illness Chart related
to contagious illness, (See Appendix A).
7.1.2 First Aid and CPR
7.1.2.1 The licensee shall ensure that at
least one (1) staff who has successfully completed and is currently certified
in pediatric first aid and in infant and child CPR is on the premises at all
times children are present.
7.1.2.2
Staff who are counted in the staff/child ratios and auxiliary staff left alone
with children and/or counted in staff/child ratio as specified in the rule
6.2.1.8 of these regulations shall obtain training in pediatric first aid and
in infant and child CPR within three (3) months of beginning work in the CBCCPP
and remain currently certified.
7.1.3 Orientation of Staff
The licensee, in consultation with the program director,
shall establish written program policies and procedures and provide these to
staff and to auxiliary staff left alone with children and/or counted in
staff/child ratio as specified in the rule 6.2.1.8 of these regulations during
an orientation training session approved by the Division prior to being left
alone with children. Trainees under eighteen (18) years of age and other staff
not left alone with children shall complete the orientation training within at
least one (1) month of their first date of working with children. Complete
written information and the orientation training session shall include:
-- Basic knowledge of child growth and development;
-- Routine and emergency health protection of children
including health related exclusions;
-- Safety and sanitation requirements including handling and
storage of hazardous materials and disposal of bio contaminants;
-- Positive behavior management;
-- Supervision of children;
-- Child accident and injury procedures including building
and physical premises safety;
-- Safe sleep practices;
-- Administration of medication requirements;
-- Emergency and evacuation requirements;
-- Nutrition and food safety including prevention of and
response to emergencies due to food and allergic reactions;
-- Recordkeeping;
-- Transportation and child passenger safety;
-- Release of children;
-- Respectful engagement of families;
-- Preventing, recognizing, and reporting child abuse and
neglect; including information about the signs and symptoms of sexual abuse,
sexual violence, grooming processes, recognizing the dangers of child sexual
abuse, and other predatory behaviors of sex offenders;
-- Recognition of and response to the symptoms of common
childhood illnesses;
-- Preventing the spread of infectious disease;
-- Providing developmentally appropriate activities and
experiences for children;
-- Inclusion of children with special needs;
-- Guidelines for volunteers, partner staff, auxiliary staff,
and business managers;
-- Responsibility to comply with current applicable licensing
regulations;
-- Staffing requirements to include opening and closing;
and
-- Ensuring children have extra clothes and diapers
available.
7.1.4 The
licensee shall read and have ready access to the current applicable licensing
regulations. Also, the licensee shall ensure staff has read and has ready
access to and have had an opportunity to seek clarity as needed about the
current applicable licensing regulations.
7.2
Background Checks and
Appropriate Clearances
7.2.1 The licensee shall ensure that any new individuals regularly
present at the CBCCPP submit a Records Check Authorization form to the Division
prior to working with children in the CBCCPP.
7.2.2 The licensee shall ensure that all new
staff and auxiliary staff, prior to working with children in the CBCCPP; and
any new individual designated as the representative of the licensee shall
submit a Records Check Authorization form to the Division and shall submit to
fingerprinting at a location designated by the Division after having received
the Fingerprinting Authorization Certificate by the Division.
7.2.3 The Division at its discretion, may use
the results of a background check on file with the Division as long as it has
been completed within the last five (5) years and instead of requiring a new
background check.
7.2.4 The
licensee shall ensure that no person shall be left alone with children without
approval from the Division which shall be based on the results of the
background check to include fingerprinting.
7.2.5 The Division shall complete and process
all background check clearances as expeditiously as possible, but not to exceed
forty-five (45) days from the day Vermont Crime Information Center receives all
documentation.
7.2.6 Based on the
results of background checks described in this section the following persons
are prohibited and shall not operate, be employed at, or be allowed
unsupervised access to children at the CBCCPP:
-- A person who is required to complete a background check
who refuses or knowingly makes a material false statement in connection with
such background check;
-- A person convicted of fraud;
-- A person convicted of a felony consisting of:
-- Murder,
-- Child abuse or neglect,
-- A crime against children, including sexual activity or
child pornography,
-- Spousal abuse,
-- A crime involving rape or sexual assault,
-- Kidnapping,
-- Arson,
-- Physical assault or battery, or
-- A drug related offense committed during the proceeding
five (5) years;
-- A person convicted of a misdemeanor offense against a
child or another person consisting of:
-- Violence,
-- Child abuse or neglect,
-- Child endangerment,
-- Sexual assault or activity,
-- Child pornography; or
-- Other bodily injury;
-- A person found by a court to have abused, neglected or
mistreated a child, elderly or disabled person, or animal; or
-- An adult or child who has had a report of abuse or neglect
substantiated against them under Chapters 49 and 69 of Title 33 Vermont
Statutes Annotated; or
-- A person registered, or is required to be registered, on
a state sex offender registry or repository or the National Sex Offender
Registry established under the Adam Walsh Child Protection and Safety Act of
2006.
7.2.7 The Department
may determine a person as prohibited when there is information known that
indicates his/her action or behavior may present children enrolled with risk of
harm.
7.2.8 Exclusion of Persons
Prohibited
7.2.8.1 The Division shall provide
the result of the background check to the licensee that indicates whether the
individual, for whom the background check was completed, shall be prohibited as
required in the rule 7.2.6 or rule 7.2.7 of these regulations without revealing
the basis for the decision as required in the rule 7.2.8.3 of these regulations
and shall identify whether a prohibited person is eligible to request a
variance.
7.2.8.2 When the Division
has determined an individual to be prohibited as required in the rule 7.2.6 or
rule 7.2.7 of these regulations, the Division shall provide the individual, for
whom the background check was completed, the result of the background check;
the basis for the decision; the process by which the individual may challenge
the accuracy or completeness of the information contained in the basis for the
decision; and whether the prohibition is eligible for a variance
request.
7.2.8.3 The Division shall
not share any information related to a background check with anyone other than
as required in the rule 7.2.8.1 or rule 7.2.8.2 of these regulations.
7.2.8.4 Effective upon receipt of the
determination, the licensee shall exclude persons whose background check has
determined them as prohibited. This includes but is not limited to employment
at the CBCCPP, from serving as the designated representative for the licensee,
or from being regularly present at the CBCCPP.
7.2.8.5 Only persons prohibited under rule
7.2.7 of these regulations or under rule 7.2.6 of these regulations for the
following reasons are eligible to request a variance:
-- A conviction of fraud;
-- A drug related offense committed during the proceeding
five (5) years;
-- A conviction of a misdemeanor offense against another
person consisting of:
-- Violence;
-- Other bodily injury;
-- A person found by a court to have abused, neglected, or
mistreated a child, elderly or disabled person, or animal; or
-- Other information known to the Department.
These individuals may operate or be employed in a CBCCPP only
when the licensee and the person involved, have obtained a written variance
from the Commissioner, or designee. The licensee and the involved person shall
request a variance by submitting evidence of suitability or rehabilitation to
the Commissioner, or designee. The burden of proof is on the licensee and the
involved person.
7.3
Qualifications and
Experience
7.3.1 Program
Director
7.3.1.1 The licensee shall ensure
and maintain documentation that the program director is at least twenty-one
(21) years of age and meets the qualifications below based on the licensed
capacity of the CBCCPP.
7.3.1.2 The
program director of a CBCCPP licensed to serve up to twelve (12) children shall
be qualified as a teacher associate.
7.3.1.3 The program director of a CBCCPP
licensed to serve thirteen (13) - fifty- nine (59) children shall be qualified
as a teacher associate, and shall have completed either:
-- A Vermont Early Childhood and Afterschool Program Director
Step One (1) Certificate; or
-- Successful completion of a three (3) college credit course
in program management for early care and education or for school age care and
education, or in staff supervision related to early care and education of
children; and a three (3) college credit course in curriculum.
7.3.1.4 The program director of a
CBCCPP licensed to care for sixty (60) or more children shall be qualified as a
teacher, shall have at least an additional twenty-four (24) months of
experience working with groups of children from grade three (3) or younger, and
shall have completed either:
-- A Vermont Early Childhood and Afterschool Program Director
Step Two (2) Certificate or Vermont Early Childhood and Afterschool Program
Director Credential, Step Three (3); or
-- Successful completion of a three (3) college credit course
in curriculum, and an additional nine (9) college credits in program
management, staff supervision, administration, or human resource
management.
7.3.1.5 The
program director of a CBCCPP licensed for thirteen (13) or more children shall
complete within one (1) year of employment start date a three (3) college
credit course in managing an early care and education program that includes
budgeting and financial management, approved by the Division; or the licensee
shall employ a business manager as in the rule 7.6.1 of these
regulations.
7.3.2 Staff
The program director shall ensure and maintain documentation
that staff meet one (1) of the following qualifications:
7.3.2.1 Teacher
A teacher is at least twenty (20) years of age and meets one
of the following qualifications:
-- At least a Vermont Early Childhood Career Ladder Level
Four (4) A or B Certificate; or
-- At least a bachelor degree from an accredited college with
a major or concentration in Early Childhood, Child or Human Development,
Elementary Education, Special Education with a birth to eight (8) years of age
focus, or Child and Family Services and at least twelve (12) months experience
working with groups of children from grade three (3) or younger; or
-- At least a bachelor degree from an accredited college with
at least successful completion of thirty (30) college credits with an early
childhood or school age focus and at least twelve (12) months experience
working with groups of children from grade three (3) or younger; or
-- Hold at least a current Vermont Agency of Education
teaching license with an endorsement in Early Childhood, Early Childhood
Special Education, or Elementary Education.
7.3.2.2 Teacher Associate
A teacher associate is at least twenty (20) years of age, is
a high school graduate or has completed a GED, and meets one (1) of the
following qualifications:
-- At least a Vermont Early Childhood Career Ladder Level
Three (3) Certificate; or
-- At least an associate degree from an accredited college
with a major or concentration in Early Childhood, Child or Human Development,
Elementary Education, or Child and Family Services and at least twelve (12)
months experience working with groups of children from grade three (3) or
younger; or
-- At least a Certificate of Completion from the Registered
Child Care Apprenticeship Program; or
-- At least a Child Care Certificate from the Community
College of Vermont and at least twelve (12) months experience working with
groups of children from grade three (3) or younger; or
-- At least successful completion of twenty-one (21) college
credits with an early childhood or school age focus and at least twelve (12)
months experience working with groups of children from grade three (3) or
younger.
7.3.2.3 Teacher
Assistant
A teacher assistant is at least eighteen (18) years of age,
is a high school graduate or has completed a GED, and meets one (1) of the
following qualifications:
-- At least a Vermont Early Childhood Career Ladder Level One
(1) or Two (2) Certificate; or
-- At least a current CDA (Child Development Associate) and
at least twelve (12) months experience working with groups of children from
grade three (3) or younger; or
-- At least a State Board of Education approved Human
Services Program Certificate that emphasizes child development or early
childhood education and at least twelve (12) months experience working with
groups of children from grade three (3) or younger; or
-- At least successful completion of the Fundamentals for
Early Childhood Professionals' course or the Vermont Afterschool Essentials
Certificate and at least twelve (12) months experience working with groups of
children from grade three (3) or younger; or
-- At least successful completion of a three (3) college
credit course in child or human development or a three (3) college credit
course for school age care and education and at least twelve (12) months
experience working with groups of children from grade three (3) or
younger.
7.3.2.4 Trainee
A trainee is at least fifteen (15) years of age, able to
comprehend basic written format, and meets one (1) of the following
qualifications:
-- At least a high school graduate or has completed a GED and
completes the Fundamentals for Early Childhood Professionals' course or the
Vermont Afterschool Essentials Certificate within the first twelve (12) months
of employment; or
-- At least a high school graduate or has completed a GED and
successful completion of a three (3) college credit course in child or human
development or in school age care and education within the first twelve (12)
months of employment; or
-- At least is enrolled in or has received a State Board of
Education approved Human Services Program Certificate that emphasizes child
development or early childhood education.
7.3.2.5 Classroom Aide
A classroom aide is at least eighteen (18) years of age, is
able to comprehend basic written format, and meets one (1) of the following
qualifications:
-- At least a high school graduate or has completed a GED and
completes the Fundamentals for Early Childhood Professionals' course or the
Vermont Afterschool Essentials Certificate within the first twelve (12) months
of employment; or
-- At least a high school graduate or has completed a GED and
successful completion of a three (3) college credit course in child or human
development or in school age care and education within the first twelve (12)
months of employment.
7.3.2.6 Substitute
7.4
Annual
Professional Development
7.4.1 The program director shall ensure
within six (6) months of starting work in the CBCCPP, staff shall have an
Individual Professional Development Plan (IPDP). This shall be documented in
the individual's BFIS Quality and Credential Account or in the staff file on
site. IPDPs shall be updated at least once every 365 days. Substitutes filling
a staff position for less than thirty (30) consecutive days within a 365 day
period shall be exempt.
7.4.2 All
staff shall be actively engaged in professional development activities as
specified in their IPDP.
7.4.3 All
professional development activities shall meet all criteria as defined by
Northern Lights at CCV and shall be verified and documented in the individual's
BFIS Quality and Credential Account. Professional development hours may be
applied toward meeting the individual's IPDP.
7.4.4 All staff shall complete fifteen (15)
clock hours of annual professional development activities as required in the
rule 7.4.2 of these regulations. Substitutes filling a staff position for less
than thirty (30) consecutive days within a 365 day period shall be
exempt.
7.4.5 Staff who hold a
current Vermont Agency of Education license with an endorsement as required in
sections 7.3.1 and/or 7.3.2 of these regulations shall use their current
license as documented verification of completing professional development
requirements in the rule 7.4.4 of these regulations. This current Vermont
Agency of Education license shall be verified and documented in the
individual's BFIS Quality and Credential Account.
7.4.6 Staff who hold a current Vermont Agency
of Education license with an endorsement as required in sections 7.3.1 and/or
7.3.2 of these regulations shall use their current license as documented
verification of completing the IPDP requirement in the rule 7.4.1 of these
regulations. This current Vermont Agency of Education license shall be verified
and documented in the individual's BFIS Quality and Credential
Account.
7.4.7 Training in CPR and
First Aid shall not count towards annual professional development requirements
in the rule 7.4.4 of these regulations.
7.5
Personnel Policies and
Procedures
7.5.1 The
licensee shall obtain written documentation that staff have received and fully
understand the CBCCPP program philosophy and all written CBCCPP policies and
procedures as required in the rule 7.1.3 of these regulations.
7.5.2 The program director shall ensure that
job descriptions for all staff include the job title, job duties, the staff
member responsible for supervision, and the identity of the staff member
responsible for evaluating the position.
7.5.3 Staff shall receive a written annual
performance review from his/her supervisor. Performance recommendations shall
be incorporated into IPDPs. Substitutes filling a staff position for less than
thirty (30) consecutive days within a 365 day period shall be exempt.
7.5.4 The program director shall establish
and implement a system of communication among staff to ensure that any staff
member assuming responsibility for a child or group is informed of significant
information related to the care and education of the child or
children.
7.6
Use of a Business Manager In the event
that a program, licensed for thirteen (13) or more children, employs a business
manager the following will apply:
7.6.1 Prior
to initial licensure, the prospective licensee shall provide written
documentation that the proposed business manager has at least an associate
degree in Business.
7.6.2 When
there is a personnel change designating a new/different business manager, the
licensee shall notify the Division prior to the change. The Division shall
determine whether the new/different business manager meets qualifications as
required in the rule 7.6.1 of these regulations, approve a time limited
variance, or approve the program director as required in the rules in section
7.3.1 of these regulations.
7.6.3
The business manager shall have direct responsibilities for the sustainable
business operation and financial management of the CBCCPP and as such shall
support the program director in providing appropriate care and educational
services to children and their families.
7.6.5 The licensee shall ensure the business
manager complies with legal mandates regarding child abuse and neglect as
required in the rules in section 3.3 of these regulations.
7.6.6 A licensee shall maintain a complete
and up-to-date personnel file for the business manager. A complete file shall
contain, at minimum, the following information:
-- Name, date of birth, home address and telephone
number;
-- Signed statement verifying understanding of legal
requirement to report suspected child abuse or neglect;
-- Documentation of a current Records Check Authorization
form;
-- Job description;
-- Application for employment;
-- Employment start date;
-- Documentation of completed Orientation Training;
-- Employment end date and reason for leaving, if
applicable.
7.6.7 The
business manager shall maintain confidentiality as required in the rule 3.8 of
these regulations.
7.6.8 The
business manager shall not count in staff/child ratios and shall not be left
alone with children unless he/she meets staff qualifications as is required in
the rules in section 7.3.2 of these regulations. If the business manager fills
a staff role in conjunction with his/her business manager responsibilities,
then the licensee shall ensure compliance with all related staff rules in these
regulations.
7.6.9 Business
managers shall be healthy and free from all communicable diseases when
physically present in the CBCCPP. Business managers who contract a communicable
disease shall be excluded from the CBCCPP and only return after a health care
provider has indicated they are no longer infectious.
7.6.10 The program director shall ensure that
the business manager is oriented to the program's policies and practices of the
CBCCPP as required in the rule 7.1.3 of these regulations within one (1) month
of his/her employment start date.
7.6.11 The business manager shall provide a
written statement affirming he/she has read, has ready access to, and have had
an opportunity to seek clarity as needed about the current applicable child
care licensing regulations.
7.6.12
The licensee shall ensure that the business manager has a written job
description in his/her personnel file that outlines the job title, the job
duties, and identifies the staff member responsible for supervising and
evaluating the position.
7.7
Use of Volunteers
7.7.1 All volunteers
shall maintain confidentiality as required in the rules 3.8 of these
regulations.
7.7.2 The program
director shall ensure that all volunteers are not counted in the staff/child
ratios and are never left alone with any child or children in the CBCCPP; with
the exception of a parent may be left alone with his/her own
child(ren).
7.7.3 All volunteers
shall follow the exclusion policies as set forth in the Signs and Symptoms
Illness Chart related to contagious illness, (See Appendix A).
7.7.4 The program director shall maintain a
written record of the schedule for at least 365 days of all volunteers,
including their name, the group in which they were present, and exact days and
hours present at the CBCCPP.
7.7.5
The program director shall ensure that volunteers, who are not a parent of a
child enrolled in the CBCCPP, and is present more than five (5) times in 365
days the following conditions apply:
7.7.5.1
The licensee shall comply with background checks for these volunteers as
required in the rule 3.2.6, and in the rules in section 7.2 of these
regulations.
7.7.5.3 The licensee
shall ensure that volunteers spending time in the program are oriented to the
program and practices of the CBCCPP.
7.7.5.4 A licensee shall maintain a complete
and up-to-date file for volunteers at the CBCCPP. A complete file shall
contain, at minimum, the following information:
-- Name, date of birth, home address and telephone
number;
-- Signed statement verifying understanding of legal
requirement to report suspected child abuse or neglect;
-- Documentation of a current Records Check Authorization
form; and
-- A written description of his/her role that outlines the
job title, the job duties, and identifies the staff member responsible for
supervising the volunteer.
CBCCPP Section 8 Exceptions for Specially Designated
Programs.
8.1
Non-Recurring Care Services A CBCCPP
providing non-recurring care services to children as described in section
2.1.3.1 of these regulations shall be exempt from the following regulations, as
long as the following conditions are met:
8.1.1 The CBCCPP is exempt from the rule
3.4.4.1 of these regulations, however the licensee shall maintain a complete
and up-to-date enrollment file on-site at the CBCCPP. A complete file shall
contain, at minimum, the following information:
-- A completed child's admission form signed and dated by the
parent that includes the first date the child attended the CBCCPP;
-- The child's name, current home address and current home
telephone number;
-- Identification of child's home language;
-- The child's date of birth;
-- Name, address, and all applicable current telephone
numbers for at least one (1) other person designated by the parents as an
emergency contact;
-- Names for all persons authorized to pick the child up from
the CBCCPP;
-- A health history provided by the parent that includes the
name and telephone number of the child's primary health care and dental care
providers (if the child has a dental care provider). A description of any
special medical, developmental, emotional, or educational needs of the child
including allergies, existing illnesses or injuries, previous serious illnesses
or injuries and any prescribed medication including those for emergency
situations;
-- Written authorization from the parent for the CBCCPP to be
able to obtain emergency medical care and transportation;
-- Written permission from parents for the CBCCPP to
transport the child, if transportation is provided, as required in the rule
5.10.6.6.1 of the regulations;
-- Written permission from parents for the child to
participate in swimming activities, if swimming activities are a part of the
program, as required in the rule 5.10.5.1 of these regulations;
-- If applicable, a copy of court orders on custody and
visitation arrangements as required in the rule 3.6.4 of these regulations;
and
-- If applicable, any obvious injuries discovered and
documented on daily health check as required in the rule 5.3.2 of these
regulations.
8.1.2 The CBCCPP
is exempt from the rule 3.4.4.2 of these regulations, however each child's file
shall be complete with all required information within the first day that the
child begins to attend care.
8.1.3
The CBCCPP is exempt from the rule 4.1.1 of these regulations, however the
program director shall ensure that an opportunity to receive information and
have questions answered about the program is offered to parents considering
enrollment of their child.
8.1.4
The CBCCPP is exempt from the rule 4.1.2 of these regulations; however, the
program director shall establish a process for orienting children and parents
to the program that offers comfort and reassurance.
8.1.5 The CBCCPP is exempt from the rule
4.3.1 of these regulations, however parents shall be given an opportunity to
share their views and information about their child in his/her home
environment.
8.1.6 The CBCCPP is
exempt from the rule 4.5 of these regulations which requires opportunities be
provided to parents to be involved in the program.
8.1.7 The CBCCPP is exempt from the rule
5.1.2 of these regulations; however, the program director shall obtain a health
history from parents that includes information regarding any health conditions
and medications that may impact the care of their child.
8.1.8 The CBCCPP is exempt from the rules in
section 5.1.3 of these regulations which require immunization information be
obtained.
8.1.9 The CBCCPP is
exempt from the rule 5.11.1.1 of these regulations; however, the program
director shall develop and implement a written policy concerning meals and
snacks. This policy shall be posted where it will be clearly visible to all
parents. It shall include:
-- A description of all food services provided;
-- Usual time of snacks and meals;
-- Policies and procedures related to food allergies,
religious dietary requirements, and other special needs; and
-- Policies and procedures for safe eating habits.
8.1.10 The CBCCPP is exempt from
the rule 5.11.6.10 of these regulations, however formula or milk shall not be
mixed with cereal, fruit juice, or any other foods in the child's bottle
without written documentation from the infant's parent.
8.1.11 The CBCCPP is exempt from the rule
5.11.8.1 of these regulations, however the program director shall obtain
written parental instructions for special or therapeutic diets to be
served.
8.1.12 The CBCCPP is exempt
from the rule 5.11.8.2 in these regulations, however the program director shall
obtain written parental instructions for modifications of basic meal patterns
due to a child's medical need such as food allergies or food intolerance when
food is supplied by the CBCCPP; otherwise, staff shall allow children to eat
the foods supplied by their parents.
8.1.13 The CBCCPP is exempt from the rule
6.1.5.1.1 in these regulations, however staff shall follow individual plans
provided by parents for the care of their child under twenty-four (24) months
of age.
8.1.14 The CBCCPP is exempt
from the rule 6.1.6.1 in these regulations which requires a developmentally
appropriate system for observing, assessing, and documenting each child's
learning and growth.
8.1.15 The
CBCCPP is exempt from the rule 6.1.6.2 in these regulations, however parents
shall be given an opportunity to share their views and information about their
child in his/her home environment and receive information about their child's
time in the CBCCPP.
8.1.16 The
CBCCPP is exempt from the rule 6.2.7.1 of these regulations, however the
program director shall develop and implement policy in plain language regarding
positive guidance and behavior management of children. This policy shall be
posted where it is clearly visible to all parents.
8.1.17 The CBCCPP is exempt from the rule 3.9
of these regulations, however, the program shall demonstrate a commitment to
continuous learning and improvement by engaging at least all staff in a
thorough assessment of the program once every 365 days.
8.1.18 The CBCCPP is exempt from the rule
6.3.4 of these regulations, however staff shall follow modifications in routine
and emergency procedures and for nurturing activities including diapering,
regulations.
8.1.19 The CBCCPP is
exempt from the rule 7.1.2.2 of these regulations, however staff who are
counted in staff/child ratios shall obtain training in pediatric first aid and
infant and child CPR within four (4) weeks of beginning work in the CBCCPP and
remain currently certified. At least one (1) staff member who has a current
certification in pediatric first aid and infant and child CPR shall be present
at all times.
8.1.20 The CBCCPP is
exempt from the rule 6.2.8.2 of these regulations which requires a positive
transition plan for introducing new staff members to parents.
8.1.21 The CBCCPP is exempt from the rule
7.4.4 of these regulations, however the program director shall complete eleven
(11) clock hours and staff shall complete eight (8) clock hours of annual
professional development activities.
8.1.22 The CBCCPP is exempt from the rule
7.4.1 of these regulations which requires staff have an IPDP.
8.1.23 The CBCCPP is exempt from the rule
7.5.3 of these regulations which requires staff receive a written annual
performance review.
8.2
Public School Pre-kindergarten Programs
8.2.1 The PSPP is exempt from the rule
3.4.5.1 of these regulations, however the licensee shall maintain a complete
and up-to-date list of staff in the PSPP's BFIS Account and staff's BFIS
Quality and Credential Account shall contain, at minimum, the following
information:
-- Name, date of birth, home address, and telephone
number;
-- Copies of current first aid and CPR certification;
-- Signed statement verifying understanding of legal
requirement to report suspected child abuse and neglect;
-- Documentation of a current Records Check Authorization
form;
-- Documentation of having read and having ready access to a
current copy of applicable child care licensing regulations;
-- Administration of Medication training certification (if
applicable);
-- Employment start date; and
-- Documentation of completed Orientation Training.
8.2.2 The PSPP is exempt from
rules 3.4.5.2 and 3.4.5.3 of these regulations, however the licensee shall
maintain a complete and up-to-date list in the PSPP's BFIS Account of auxiliary
and partner staff that shall contain, at minimum, the following information:
-- Name, date of birth, home address, and telephone
number;
-- Signed statement verifying understanding of legal
requirement to report suspected child abuse or neglect; and
-- Documentation of a current Records Check Authorization
form.
8.2.3 The PSPP is
exempt from the rule 5.11.1.1 of these regulations, however the licensee shall
develop and implement a written procedure concerning meals and snacks. This
procedure shall be posted where it will be clearly visible to all parents. It
shall include:
-- A description of all food services provided;
-- Usual time of snacks and meals;
-- Policies and procedures for safe eating habits.
8.2.4 The PSPP is exempt from the
rule 5.11.1.2 of these regulations, however the licensee shall ensure that
individuals responsible for food preparation have knowledge of nutritional
requirements, sanitary food preparation, storage and clean-up, and adhere to
the CBCCPP's policies related to food safety and food and nutrition.
8.2.5 The PSPP is exempt from the rule
5.11.1.3 of these regulations, however the licensee shall ensure that menus are
planned in advance, dated, and posted so that they are clearly visible to
parents. Any changes to the posted menu shall be noted. Menus of meals and
snacks for the preceding six (6) weeks shall be kept on file.
8.2.6 The PSPP is exempt from the rule
5.11.2.2 of these regulations, however the licensee shall ensure that the meals
and snacks provided meet the current USDA/Child and Adult Care Food Program
(CACFP) meal pattern requirements that are adjusted according to the age of
each child.
8.2.7 The PSPP is
exempt from the rule 7.3.1.3 of these regulations, however the program director
of a CBCCPP licensed to serve thirteen (13) - fifty-nine (59) children shall be
qualified as a teacher associate or hold at least a current Vermont Agency of
Education license with a Principal, Career Technical Center Director, Director
of Curriculum, Director of Special Education, or Superintendent
endorsement.
8.2.8 The PSPP is
exempt from the rule 7.3.1.4 of these regulations, however the program director
of a CBCCPP licensed to serve sixty (60) or more children shall be qualified as
a teacher or hold at least a current Vermont Agency of Education license with a
Principal, Career Technical Center Director, Director of Curriculum, Director
of Special Education, or Superintendent endorsement.
8.2.9 The PSPP is exempt from the rule
7.3.1.5 of these regulations which requires the program director of a CBCCPP
licensed for thirteen (13) or more children to complete a three (3) college
credit course in managing an early care and education program that includes
budgeting and financial management or to employ a business manager.
8.2.10 During a Commissioner's Review, a PSPP
may have a representative from the Agency of Education partner with the
Commissioner's designee to conduct a Commissioner's Review hearing as required
in the rules in section 2.6 of these regulations.
Appendix A. Signs and Symptoms of Illness Chart
(Adapted).
The following chart lists, in alphabetic order, some of the
most common signs and symptoms that individuals child care settings may develop
when they have an infectious disease. Health professionals can use this chart
to discuss with caregivers/teachers what they should look for to recognize
diseases and make decisions about when individuals need medical care.
Caregivers/teachers/program providers should use this information to be aware
of what might cause various signs and symptoms, when it is appropriate to
notify a health consultant and/or the parent, and the criteria to determine
when individuals should be excluded from and can return to a group setting or
program. All caregivers/teachers and direct staff should work with health
professionals to ensure an appropriate diagnosis and treatment.
Note that the chart indicates when visits to a health
professional are necessary. Not all individuals who are excluded from a child
care setting require a visit to a health professional prior to return. However,
if you are concerned about the nature of the individual's specific illness or
need instructions about how to care for the individual, the child's
parent/guardian can make a phone call to the child's health professional to
clarify whether further evaluation is necessary. With parent/guardian consent,
the child's health professional can give additional instructions in writing or
over the phone to caregivers/teachers.
The Signs and Symptoms Chart is adapted from Managing
Infectious Diseases in Child Care and Schools: A Quick Reference Guide, 2nd
Edition a publication of the American Academy of Pediatrics. It is printed with
permission to be included in the Vermont Child Care Regulations. Reference:
Managing
|
Signs and Symptoms
Chart
|
|
Symptom
|
Common Causes
|
Complaints or What Might Be
Seen
|
Notify Health Consultant
|
Notify Parent
|
Temporarily
Exclude?
|
If Excluded, Readmit
When
|
|
Cold Symptoms
|
Viruses (early stage of many
viruses)
-- Adenovirus
-- Coxsackievirus
-- Enterovirus
-- Parainfluenza virus
-- Respiratory syncytial virus
-- Rhinovirus
-- Coronavirus
-- Influenza Bacteria
-- Mycoplasma
|
-- Runny or stuffy nose
-- Scratchy throat
-- Coughing
-- Sneezing
-- Watery eyes
-- Fever
|
Not necessary
|
Yes
|
No, unless:
-- Fever accompanied by behavior change.
-- Individual looks or acts very ill.
-- Individual has difficulty breathing.
-- Individual has blood red or purple rash not
associated with injury.
-- Individual meets other exclusion
criteria
|
-- Exclusion criteria are resolved.
|
|
Cough (May come from congestion anywhere from ears
to lungs. Cough is a body response to something that is irritating tissues in
the airway.)
|
-- Common cold
-- Lower respiratory infection (eg, pneumonia,
bronchiolitis)
-- Croup
-- Asthma
-- Sinus infection
-- Bronchitis
|
-- Dry or wet cough
-- Runny nose (clear, white, or
yellow-green)
-- Sore throat
-- Throat irritation
-- Hoarse voice, barking cough
|
Not necessary
|
Yes
|
No, unless:
-- Severe cough
-- Rapid and/or difficult breathing
-- Wheezing if not already evaluated and
treated
-- Cyanosis (i.e., blue color of skin and mucous
membranes)
|
-- Exclusion criteria are resolved.
|
|
Diarrhea
|
Usually viral, less commonly bacterial or
parasitic
|
-- Frequent loose or watery stools compared to
child's normal pattern. (Note that exclusively breastfed infants normally have
frequent unformed and somewhat watery stools, or may have several days with no
stools.)
-- Abdominal cramps.
-- Fever.
-- Generally not feeling well.
-- Sometimes accompanied by
vomiting.
|
For one or more cases of bloody diarrhea or 2 or
more children with diarrhea in group within a week
|
Yes
|
Yes, if
-- Stool is not contained in the diaper for
diapered children.
-- Diarrhea is causing accidents for toilet-
trained children.
-- Stool frequency exceeds 2 or more stools above
normal for that child, because this may cause too much work for the
teacher/caregivers and make it difficult to maintain good sanitation.
-- Blood/mucus in stool.
-- Abnormal color of stool for child (eg, all
black or very pale).
-- No urine output in 8 hours.
-- Jaundice (i.e., yellow skin or eyes).
-- Fever with behavior change.
-- Looks or acts very ill.
|
-- Cleared to return by health professional for all
cases of bloody diarrhea and diarrhea caused by Shigella, Salmonella,
or Giardia.
-- Diapered children have their stool contained by
the diaper (even if the stools remain loose) and toilet-trained children do not
have toileting accidents.
-- Able to participate.
|
|
Difficult or Noisy Breathing
|
1. Common cold
2. Croup
3. Epiglottitis
4. Bronchiolitis
5. Asthma
6. Pneumonia
7. Object stuck in airway
|
1. Common cold: Stuffy nose, sore throat, cough,
and/or mild fever.
2. Croup: Barking cough, hoarseness, fever,
possible chest discomfort (symptoms worse at night), and/or very noisy
breathing, especially when breathing in.
3. Epiglottitis: Gasping noisily for breath with
mouth wide open, chin pulled down, high fever, and/or bluish (cyanotic) nails
and skin; drooling, unwilling to lie down.
4. (and 5.) Bronchiolitis and Asthma: Individual is
working hard to breathe; rapid breathing; space between ribs looks like it is
sucked in with each breath (retractions); wheezing; whistling sound with
breathing; cold/cough; irritable and unwell. Takes longer to breathe out than
to breathe in.
5. See above.
6. Pneumonia: Deep cough, fever, rapid breathing,
or space between ribs looks like it is sucked in with each breath
(retractions).
7. Object stuck in airway: Symptoms similar to
croup (2 above)
|
Not necessary
|
Yes
|
Yes, if
1. Fever accompanied by behavior change.
2. Individual looks or acts very ill.
3. Individual has difficulty breathing.
4. Individual has blood red or purple rash not
associated with injury.
5. The individual meets other exclusion
criteria.
|
-- Exclusion criteria are resolved.
|
|
Earache
|
1. Bacteria or viruses
2. Often occurs in context of common
cold
|
1. Fever
2. Pain or irritability
3. Difficulty hearing
4. "Blocked ears"
5. Drainage
6. Swelling around ear
|
Not necessary
|
Yes
|
No, unless:
-- Unable to participate.
-- Care would compromise staff's ability to care
for other children.
-- Fever with behavior change.
|
-- Exclusion criteria are resolved.
|
|
Eye Irritation, Pinkeye
|
1. Bacterial infection of the membrane covering the
eye and eyelid (bacterial conjunctivitis)
2. Viral infection of the membrane covering the eye
and eyelid (viral conjunctivitis)
3. Allergic irritation of the membrane covering the
eye and eyelid (allergic conjunctivitis)
4. Chemical irritation of the membrane covering the
eye and eyelid (irritant conjunctivitis) (eg, swimming in heavily chlorinated
water, air pollution)
|
1. Bacterial infection: Pink color instead of
whites of eyes and thick yellow/green discharge. May be
irritated, swollen, or crusted in the morning.
2. Viral infection: Pinkish/red, irritated, swollen
eyes; watery discharge; possible upper respiratory infection.
3. (and 4.) Allergic and chemical irritation: red,
tearing, itchy eyes; runny nose, sneezing; watery discharge.
|
Yes, if 2 or more children have red eyes with
watery discharge
|
Yes
|
For bacterial conjunctivitis No.
Exclusion is no longer required for this condition. Health professionals may
vary on whether to treat this condition with antibiotic medication. The role of
antibiotics in treatment and preventing spread is unclear. Most individuals
with pinkeye get better after 5 or 6 days without antibiotics.
For other forms No, unless:
-- The individual meets other exclusion
criteria.
Note: One type of viral conjunctivitis spreads
rapidly and requires exclusion. If 2 or more children in the group have watery
red eyes without any known chemical irritant exposure, exclusion may be
required and health authorities should be notified.
|
-- For bacterial conjunctiviti,
once parent has discussed with health professional. Antibiotics may or
may not be prescribed.
-- Exclusion criteria are resolved.
|
|
Fever
|
-- Any viral, bacterial, or parasitic
infection
-- Overheating
-- Reaction to medication (e.g., vaccine, oral)
-- Other noninfectious illnesses (e.g., rheumatoid
arthritis, malignancy)
|
Flushing, tired, irritable, decreased activity
Notes
-- Fever alone is not harmful.
When a individual has an infection, raising the
body temperature is part of the body's normal defense against outside
attacks.
-- Rapid elevation of body temperature sometimes
triggers a febrile seizure in young children; this usually is outgrown by age 6
years. The first time a febrile seizure happens, the child requires evaluation.
These seizures are frightening, but do not cause the child any longterm harm.
Parents should inform their child's health professional every time the child
has a seizure, even if the child is known to have febrile seizures. Warning: Do
not give aspirin. It has been linked to an increased risk of Reye syndrome (a
rare and serious disease affecting the brain and liver)
|
Not necessary
|
Yes
|
No unless:
-- Behavior change.
-- Unable to participate.
-- Care would compromise staff's ability to care
for other children. Note: Temperatures considered meaningfully elevated above
normal, although not necessarily an indication of a significant health problem,
for individuals older than 4 months are
-- 100°F (37.8°C) axillary (armpit)
-- 101°F (38.3°C) orally
-- 102°F (38.9°C) rectally -- Aural (ear)
temperature equal to oral or rectal temperature Get immediate medical attention
when infant younger than 4 months has unexplained temperature of 101°F
(38.3°C) rectally or 100°F (37.8°C) axillary. Any infant younger
than 2 months with fever should get medical attention within an
hour.
|
-- Able to participate
-- Exclusion criteria are resolved.
|
|
Headache
|
-- Any bacterial/viral infection
-- Other noninfectious causes
|
-- Tired and irritable
-- Can occur with or without other
symptoms
|
Not necessary
|
Yes
|
No, unless:
-- Individual is unable to participate Note:
Notify health professional in case of sudden, severe headache with vomiting or
stiff neck that might signal meningitis. The stiff neck of concern is
reluctance and unusual discomfort when the child is asked to look at his or her
"belly button" (putting chin to chest) -different from soreness in the side of
the neck.
|
-- Able to participate
|
|
Itching
|
1. Ringworm
2. Chickenpox
3. Pinworm
4. Head lice
5. Scabies
6. Allergic or irritant reaction (eg, poison
ivy)
7. Dry skin or eczema
8. Impetigo
|
1. Ringworm: Itchy ring-shaped patches on skin or
bald patches on scalp.
2. Chickenpox: Blister-like spots surrounded by red
halos on scalp, face, and body; fever; irritable.
3. Pinworm: Anal itching.
4. Head lice: Small insects or white egg sheaths
(nits) in hair.
5. Scabies: Severely itchy red bumps on warm areas
of body, especially between fingers or toes.
6. Allergic or irritant reaction: Raised, circular,
mobile rash; reddening of the skin; blisters occur with local reactions (poison
ivy, contact reaction).
7. Dry skin or eczema: Dry areas on body. More
often worse on cheeks, in front of elbows, and behind knees. In infants, may be
dry areas on fronts of legs and anywhere else on body, but not usually in
diaper area. If swollen, red, or oozing, think about infection.
8. Impetigo: Areas of crusted yellow, oozing sores.
Often around mouth or nasal openings
|
For infestations such as lice and scabies; if more
than one child in group has impetigo or ringworm; for
chickenpox
|
Yes
|
For chickenpox, scabies, and impetigo
Yes
For ringworm and head lice Yes, at
the end of the day -- Individual should be referred to a health professional at
the end of the day for treatment.
For pinworm, allergic or irritant
reactions, and eczema No, unless: -- Appears infected as a weeping or
crusty sore Note: Exclusion for hives is only necessary to obtain medial advice
for care, if there is no previously made assessment and care plan for the
hives.
|
-- Exclusion criteria are resolved.
-- On medication or treated as recommended by a
health professional if indicated for the condition and for the time required to
be readmitted. For conditions that require application of antibiotics to
lesions or taking of antibiotics by mouth, the period of treatment to reduce
the risk of spread to others is usually 24 hours. For most individuals with
insect infestations or parasites, readmission as soon as the treatment has been
given is acceptable.
|
|
Mouth Sores
|
1. Oral thrush (yeast infection)
2. Herpes or coxsackie virus infection
3. Canker sores
|
1. Oral thrush: White patches on tongue and along
cheeks
2. Herpes or coxsackie virus infection: Pain on
swallowing; fever; painful, yellowish spots in mouth; swollen neck glands;
fever blister, cold sore; reddened, swollen, painful lips
3. Canker sores: Painful ulcers on cheeks or
gums
|
Not necessary
|
Yes
|
No, unless:
-- Drooling steadily related to mouth
sores.
-- Unable to participate.
-- Care would compromise staff's ability to care
for other children.
|
-- Able to participate
-- Exclusion criteria are resolved
|
|
Rash
|
Many causes
1. Viral: roseola infantum, fifth disease,
chickenpox, herpes virus, molluscum contagiosum, warts, cold sores, shingles
(herpes zoster), and others
2. Skin infections and infestations; ringworm
(fungus), scabies (parasite), impetigo, abscesses, and cellulitis
(bacteria)
3. Severe bacterial infections: mening ococcus,
pneumococcus, Staphylococcus aureus (MSSA,
MRSA)
|
Skin may show similar findings with many different
causes. Determining cause of rash requires a competent health professional
evaluation that takes into account information other than just how rash looks.
1. Viral: Usually signs of general illness such as
runny nose, cough, and fever (except for warts or molluscum). Each viral rash
may have a distinctive appearance.
2. Minor skin infections and infestations: See
"Itching." More serious skin infections: redness, pain, fever, pus.
3. Severe bacterial infections: Rare. These
children have fever with rash and may be very ill.
|
For outbreaks
|
Yes
|
No, unless:
-- Rash with behavior change or fever
-- Has oozing/open wound
-- Has bruising not associated with injury
-- Has joint pain and rash
-- Unable to participate
-- Tender, red area of skin, especially if it is
increasing in size or tenderness
|
-- Able to participate in daily activities.
-- On antibiotic medication at least 24 hours (if
indicated).
-- Exclusion criteria are resolved.
|
|
Sore Throat (pharyngitis)
|
1. Viral -common cold viruses that cause upper
respiratory infections
2. Strep throat
|
1. Viral: Verbal children will complain of sore
throat; younger children may be irritable with decreased appetite and increased
drooling (refusal to swallow). May see symptoms associated with upper
respiratory illness, such as runny nose, cough, and congestion.
2. Strep throat: Strep infection usually does not
result in cough or runny nose. Signs of the body's fight against infection
include red tissue with white patches on sides of throat, at back of tongue
(tonsil area), and at back wall of throat. Tonsils may be large, even touching
each other. Swollen lymph nodes (sometimes incorrectly called "swollen glands")
occur as body fights off the infection.
|
Not necessary
|
Yes
|
No, unless:
-- Inability to swallow.
-- Excessive drooling with breathing
difficulty.
-- Fever with behavior change.
-- The individual meets other exclusion
criteria.
|
-- Able to swallow.
-- Able to participate.
-- On medication at least 24 hours (if
strep)
-- Exclusion criteria are resolved.
|
|
Stomachache
|
1. Viral gastroenteritis or strep throat
2. Problems with internal organs of the abdomen
such as intestine, colon, liver, bladder
|
1. Viral gastroenteritis or strep throat: Vomiting
and diarrhea and/or cramping are signs of a viral infection of stomach and/or
intestine. Strep throat may cause stomachache with sore throat, headache, and
possible fever. If cough or runny nose is present, strep is very
unlikely.
2. Problems with internal organs of the abdomen:
Persistent severe pain in abdomen.
|
Not unless multiple cases in same group within 1
week.
|
Yes
|
No, unless:
-- Severe pain causing child to double over or
scream
-- Abdominal pain after injury
-- Bloody/black stools
-- No urine output for 8 hours
-- Diarrhea
-- Vomiting
-- Yellow skin/eyes
-- Fever with behavior change
-- Looks or acts very ill
|
-- Pain resolves.
-- Able to participate.
-- Exclusion criteria are resolved.
|
Appendix B. Consumer Product Safety Commission
16 C.F.R. § 1220 Regarding Cribs.
Beginning December 28, 2012, any crib provided by child care
facilities and family child care homes must meet new and improved federal
safety standards. The new standards take effect for manufacturers, retailers,
importers and distributors on June 28, 2011, addressing deadly hazards
previously seen with traditional drop-side rails, requiring more durable
hardware and parts and mandating more rigorous testing.
What you should know...
* This is more than a drop side issue. Immobilizing your
current crib will not make it compliant.
* You cannot determine compliance by looking at the
product.
* The new standards apply to all full-size and non full-size
cribs including wood, metal and stackable cribs.
* If you purchase a crib prior to the June 28, 2011 effective
date and you are unsure it meets the new federal standard, CPSC recommends that
you verify the crib meets the standard by asking for proof.
* Ask the manufacturer, retailer, importer or distributor to
show a Certificate of Compliance.
The document must:
* Describe the product
* Give name, full mailing address and telephone number for
importer or domestic manufacturer
* Identify the rule for which it complies (16 CFR 1219 or
1220)
* Give name, full mailing address, email address and
telephone number for the records keeper and location of testing lab
* Give date and location of manufacture and testing
* The crib must also have a label attached with the date of
manufacture
What you should do...
* All child care facilities, family child care homes, and
places of public accommodation:
* Must prepare to replace their current cribs with new,
compliant cribs before December 28, 2012.
* Should not resell, donate or give away a crib that does not
meet the new crib standards.
* Dispose of older, noncompliant cribs in a manner that the
cribs cannot be reassembled and used.
* Noncompliant cribs should not be resold through online
auction sites or donated to local thrift stores. CPSC recommends disassembling
the crib before discarding it.
Information from publication 5023 042011 - Child Care
Providers: Your Guide to New Crib Standards from the Consumer Product Safety
Commission (www.cpsc.gov).
