LICENSING REGULATIONS FOR REGISTERED AND LICENSED FAMILY
CHILD CARE HOMES
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 child care programs in Vermont are
provided with wholesome growth and educational experiences.
This is a revision of two sets of regulations: Regulations
for Family Day Care Homes, (October 1996), and Family Child Care Licensing
Regulations, (February 2001), hereafter combined and known as Licensing
Regulations for Registered and Licensed Family Child Care Homes. Licensed
Family Child Care Homes can provide services for more children and are required
to meet some additional standards not required for Registered Family Child Care
Homes. The combined regulation creates consistency in basic standards across
levels in a family child care home setting and a clear path from one type to
another if a provider wants to make that transition.
Revisions were developed in an intensive two and half year
process engaging national experts, local stakeholders, child care and education
providers, and licensing and program quality staff in the Child Development
Division (CDD) to produce a comprehensive revision of Vermont's child care
regulations that is child-centered, family friendly and fair to providers.
Representatives from Vermont Department of Health, Vermont Agency of Education,
and Vermont Department of Mental Health also advised and participated. All
participants agreed on the goal to set clear, consistent, developmentally
appropriate standards based on observable program characteristics known to
protect and promote the health, safety and well-being of children in care and
education settings.
The development process began by collecting broad input in
community forums co-convened by the CDD, Building Bright Futures Regional
Councils and local Community Child Care Support Agencies in each of the twelve
(12) Agency of Human Services regions across the state. Subsequently over one
hundred child care providers, child care licensors, and other community
stakeholders came together in six (6), geographically dispersed, Saturday
morning work groups eleven (11) times over thirteen (13) months to review
research on best practice, discuss current practices and realities, and to
develop recommendations for revised licensing standards. The State of Vermont
is indebted to these highly committed, hardworking volunteers for their
well-informed contribution to this result.
Over many months, a team of CDD staff reviewed and compiled
work group recommendations into iterative drafts, and staff met with staff from
the Vermont Division of Fire Safety, Vermont Agency of Natural Resources, and
Vermont Department of Health to discuss and review the draft revisions.
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. They incorporate changes in the organization of Vermont state
agencies responsible for licensing and monitoring; changes in applicable
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 welcomed at any time and will be
considered for future revisions or the development of new requirements.
Comments can be made on our website:
http://dcf.vermont.gov/cdd/child_care_licensing
FCCH SECTION 1
INTRODUCTION
Rule
1.1. Legal Authority to Regulate Service.
A person providing care for children in more than two (2)
families other than their own must be registered or licensed in accord with
these regulations. No person agency, corporation, partnership or individual
shall operate or maintain a registered or licensed family child care home
without approval from the Vermont Department for Children and Families (DCF)
and a current license issued by the Child Development Division (CDD). The legal
authority for these regulations is in Vermont Statutes at 33 V.S.A.
§§ 105(b) & 3502.
Rule
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 Family Child Care Homes. These regulations
reflect the baseline or minimum standards for child care programs regulated in
Vermont. All regulated programs shall have the option of exceeding the
regulations set by the Department for Children and Families.
Rule 1.3. Effective Dates.
1.3.1 These rules will go into effect for all
initial applications for licensure as a Registered Family Child Care Home or
Licensed Family Child Care Home received on or after September 1,
2016.
1.3.2 These rules will go
into effect for all Family Child Care Providers with a current license to
operate a Registered Family Child Care Home or Licensed Family Child Care Home
on September 1, 2016 with the exception of the specific following rules, which
require compliance no later than September 1, 2017:
* 3.6.1 (Emergency Planning) of these regulations;
* 3.6.3 (Sheltering in Place) of these regulations;
* 4.7 (Written Policies and Procedures) of these regulations;
* 5.4.1.2 (CPSC Compliant Cribs and Porta cribs) of these
regulations;
* 5.6.2 (Medication Administration Training) of these
regulations;
* 7.1.2.2 (CPR & First Aid at all times) of these
regulations;
* 7.1.3 (Orientation Training) of these regulations;
* 7.3 (Qualifications and Experience) of these regulations;
and
* 7.4 (Annual Professional Development) of these
regulations.
1.3.3 FCCH
Providers who hold a current license to operate a Registered Family Child Care
Home or Licensed Family Child Care Home on September 1, 2016, shall read these
adopted rules and ensure full understanding of these rules prior to September
1, 2017 by attending a Child Development Division (CDD) approved training on
these rules.
1.3.4 FCCH Providers
who hold a current license to operate a Registered Family Child Care Home or
Licensed Family Child Care Home on September 1, 2016, may be issued a
Provisional License if they are unable to come into full compliance with these
rules by September 1, 2017, at the discretion of the Division, and if the
requirements in the rules in Section 2.3.6.2 of these regulations are
met.
FCCH SECTION 2
GENERAL PROVISIONS
Rule
2.1. Definitions of Regulated Service and Limitations.
2.1.1 A Family Child Care Home 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 Family Child Care Home shall be operated in the residence
occupied by the Family Child Care Provider (FCCP). There are two (2) types of
Family Child Care Homes (FCCH):
* Registered FCCH that are licensed to serve children as
specified in the rules in section 6.2.1; or
* Licensed FCCH that are licensed to serve children as
specified in the rules in section 6.2.2.
2.1.2 While the rules in these regulations
apply to both types of FCCH, the rules framed in a box are rules that apply
only to the Licensed FCCH types. Registered FCCH types will not be subject to
these specified rules.
2.1.3 Any
person or entity registered or licensed to operate a FCCH shall be prohibited
from concurrently operating a Center Based Child Care and Preschool Program or
an Afterschool Child Care Program.
2.1.4 An approved FCCP may not be
concurrently approved as a licensed foster care provider without a variance
from the Department. They may not provide respite care for foster children or
foster care, either licensed or professional, except that, at the request of
the Department, they may provide respite or temporary foster care to a child
who is already enrolled in their regulated FCCH.
2.1.5 Children in a regulated FCCH shall not
be subjected to abuse, neglect, mistreatment, or immoral
surroundings.
Rule 2.2.
Definitions of Terms Used in Regulations.
2.2.1 "Annual Licensing Requirements" refers
to compliance activities that shall be complete every 365 days within the three
(3) year license period.
2.2.2
"Bright Futures Information System" referred to as "BFIS" in these regulations,
means the webbased 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.
2.2.3 "Capacity" means the total number of
children allowed to be present at any one (1) time as approved on the
license.
2.2.4 "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.
2.2.5 "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 FCCH 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.
2.2.6 "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.
2.2.7 "Cleaning" means the removal of all
dirt and debris by washing with a detergent solution in accordance with the
manufacturer's directions.
2.2.9
"Condition" means a time limited requirement to which the licensee shall
achieve compliance prior to the completion date listed on the license
certificate.
2.2.10
"Confidentiality" means the protection of personal information, including
health information from persons who are not authorized to see or hear
it.
2.2.11 "Corporal Punishment"
means the intentional infliction of physical pain by any means for the purpose
of punishment, correction, discipline, instruction, or any other
reason.
2.2.12 "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.
2.2.13 "Department" means
the Vermont Agency of Human Services, Department for Children and Families,
and/or its agents.
2.2.14
"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.
2.2.15
"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.
2.2.16 "Division" means the Vermont
Department for Children and Families, Child Development Division.
2.2.17 "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.
2.2.18
"Family Child Care Assistant" means a qualified staff member who works under
the supervision of a FCCP and provides child care services.
2.2.19 "Family Child Care Home," referred to
as the "FCCH" in these rules, means the residence of a person approved to
provide developmentally appropriate care, education, protection, and
supervision 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. This is the physical location where care is provided.
2.2.20 "Family Child Care Provider," referred
to as the "FCCP" in these rules, means the person who has been approved to
operate a registered or licensed FCCH, is responsible for the operation of that
FCCH and considered legally responsible for compliance with these regulations.
The FCCP approves or develops the FCCH's program and curriculum and supervises
staff.
2.2.21 "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.
2.2.22 "Human
Services Board" as defined in 3 V.S.A. § 3090-3091.
2.2.23 "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
and education. It includes assessing current knowledge and skills, with a
timeline that identifies specific areas for improvement, develop strategies,
resources and a timeline when the goal will be met.
2.2.24 "Infant" means a child who is at least
six (6) weeks and under thirteen (13) months of age.
2.2.25 "Kindergarten" means a one (1) year
educational program designed to meet the needs of children who will attend
first grade the following school year.
2.2.26 "License" means the official document
that certifies that a FCCP has been granted permission by the State to operate
a FCCH in accordance with the law and regulations of the Department. This
applies to both Registered and Licensed FCCH.
2.2.27 "Licensed Space" means the indoor and
outdoor space approved by the Division as useable space where children may be
present.
2.2.28 "Northern Lights
Career Development Center" referred to as the "NLCDC" in these rules, is
Vermont's professional development system for early childhood and after school
professionals.
2.2.29 "Own Child"
means the child; grandchild; great grandchild; stepchild; or child who is in
the guardianship, custody, or foster care of the FCCP; and who resides in the
same home.
2.2.30 "Parent" means a
birth or adoptive parent, legal guardian, foster parent, or any other person
having responsibility for, or legal custody of a child.
2.2.31 "Parental Notification Letter"
referred to as "PNL" in these rules, means a written notification from the FCCP
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.
2.2.32 "Partner Staff" means a person
employed by another entity, other than the FCCH, who works with a child or
group of children within the FCCH.
2.2.33 "Pre-kindergartener" means a child who
is thirty-six (36) months of age up until school age.
2.2.34 "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.
2.2.35 "Program" means
all activities related to the provision of the child care and education
services in the FCCH.
2.2.36
"Program Improvement Plan" means the set of actions to be taken by the FCCP to
come into full or substantial compliance with these rules when violations have
been cited.
2.2.37 "Provisional
License" means a non-renewable license issued by the Division to a currently
licensed FCCH or a prospective FCCP who is not fully compliant with these rules
but is likely to achieve full compliance within a pre-determined time period
set by the Division not to exceed one (1) year.
2.2.38 "Revocation" means the formal
licensing action of closing a license to operate a FCCH due to serious
violations, a pattern of non-compliance with these rules, and/or non-compliance
related to statutes. A FCCH may continue to operate while a decision of an
appeal made to the Human Services Board is pending.
2.2.39 "Safe Sleep Practices" means a set of
conditions and staff behaviors designed to reduce the likelihood of Sudden
Unexpected Infant Death (SUID).
2.2.40 "Sanitizing" means to reduce germs on
objects or 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.
2.2.41 "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.
2.2.42 "Screen Time" means the time spent
watching television, videotapes, DVDs, playing video games, using computers
(including handheld devices), and surfing the internet.
2.2.43 "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.
2.2.44 "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.
2.2.45 "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 handwashings. The towel is then placed in a
hamper or other container to be laundered at the end of each day.
2.2.46 "Single service items" means items
used to prepare, serve, or consume food that are used only one time and then
are disposed.
2.2.47 "Staff" means
all persons employed by or substituting at the FCCH as a FCCP, Family Child
Care Assistant, classroom aide, or trainee.
2.2.48 "Substitute" means a staff member who
is temporarily filling a position in a FCCH due to the absence or lack of a
regularly employed staff member.
2.2.49 "Supervision" (of children) means the
knowledge of and accounting for the activity and whereabouts of each child in
care and the proximity of staff to children at all times assuring immediate
intervention of staff to safeguard a child from harm.
2.2.50 "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
2.2.51 "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 FCCH. A FCCH may not continue to operate during a suspension
action while a decision of an appeal made to the Human Services Board is
pending.
2.2.52 "Term" means a
requirement to which the FCCP shall maintain compliance for as long as the
requirement is listed on the license certificate.
2.2.53 "Toddler" means a child between
thirteen (13) through thirty-five (35) months of age.
2.2.54 "Trainee" means a staff member who
provides direct education and child care services, and may assist with
implementing curriculum.
2.2.55
"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 FCCP
or for a child and family and when the intent of the rule can be achieved by
other means.
2.2.56 "Violation"
means a breach or infraction of a licensing law or rule.
2.2.57 "Volunteer" means an unpaid person who
assists with children in the presence of staff.
Rule 2.3. Licensing Process and Procedures.
2.3.1 Authority to Inspect
2.3.1.1 The prospective FCCP, FCCP, or FCCH
staff shall allow access to the FCCH 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
prior to entering the FCCH. The prospective FCCP, FCCP, or FCCH staff may
request the representative produce valid identification.
2.3.1.2 The prospective FCCP, FCCP, or FCCH
staff shall permit visits, inspections and examination of the FCCH, 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 prior to entering the FCCH. The prospective FCCP,
FCCP, or FCCH staff may request the representative produce valid
identification.
2.3.1.3 The FCCP
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 FCCP 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 FCCP by telephone or in writing to make this
request.
2.3.1.5 The FCCP 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 FCCP or FCCP shall demonstrate to the
satisfaction of the Division that the FCCH is in full or substantial compliance
with these regulations.
2.3.2.2 A
license shall be issued only to the FCCP for the FCCH for which an application
is made and for the FCCP's own legal residence.
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
FCCH shall be used only for the purposes of providing child care and
educational services or training.
2.3.3 Posting of License
The FCCP shall post a current license to operate a FCCH and a
copy of the current FCCH Licensing Regulations in the home where it is clearly
visible to parents, staff and visitors. A null and void or out-of-date license
shall be immediately removed.
2.3.4 Nullification of a License
2.3.4.1 When a FCCH 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.
2.3.4.2 If the FCCP chooses
to voluntarily close the FCCH, it is the responsibility of the FCCP 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 FCCP shall be considered legally licensed and
responsible for compliance with these regulations regardless of how many
children are enrolled.
2.3.5 Complaint Procedure
2.3.5.1 The Division shall maintain the
capacity to receive and respond to complaints from the public regarding
regulated child care providers. Division staff will assess every complaint
received to determine if it pertains to these regulations.
2.3.5.2 An investigation by the Division
shall be made if a complaint is received pertinent to compliance with these
regulations. The Division shall notify the FCCP 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 FCCP. If the complaint is substantiated or if any
other violations are found as a result of the investigation, the FCCP 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.
2.3.5.3 Complaints
relating specifically to laws, rules, or regulation 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.
2.3.6 Types of Licenses
2.3.6.1 Full License:
2.3.6.1.1 A full license is issued when the
Division determines that the FCCP is in full or substantial compliance with
applicable provisions of these regulations.
2.3.6.1.2 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.
2.3.6.2 Provisional License:
2.3.6.2.1 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 an FCCP's ability to be in
substantial compliance with regulations;
* The FCCP has applied for approval of a change that impacts
their license;
* The FCCP has applied for renewal and is not in substantial
compliance with regulations; or
* An individual has submitted a new application for licensure
or registration and full compliance has not been determined.
2.3.6.2.2 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.
2.3.6.2.3 During the provisional period, the
FCCP must implement a written regulatory compliance plan that has been
submitted to and approved by the Division.
2.3.6.2.4 A provisional license may be
replaced with a full license when the Division determines that the FCCP has
come into full or substantial compliance with applicable provisions of these
rules in advance of the expiration date of the provisional license.
2.3.6.2.5 If the FCCP 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 FCCP must reapply and meet all requirements for the issuance of
a full license in order to provide care for children in more than two (2)
families other than their own.
2.3.7 Procedures for Initial Licensure
2.3.7.1 Forms: A prospective FCCP shall apply
for a license on forms provided and in a manner prescribed by the
Division.
2.3.7.2 The prospective
FCCP shall provide a list of all persons residing in the home; the list shall
include at a minimum name, gender, date of birth, social security number, and
the relationship to the prospective FCCP of each person.
2.3.7.3 Background Check Requirements at
Initial Licensure
2.3.7.3.1 The prospective
FCCP shall submit a Records Check Authorization form to the Division with the
initial application and shall submit to fingerprinting at a location designated
by the Division after having received the Fingerprinting Authorization
Certificate by the Division.
2.3.7.3.2 The prospective FCCP shall ensure
that any persons, sixteen (16) years of age or older, who reside in the FCCH
submit a Records Check Authorization form to the Division.
2.3.7.3.3 The prospective FCCP shall ensure
that person's residing in the home, who will be paid to assist with the care
and education of children or who will be left alone with children shall also
submit to fingerprinting at a location designated by the Division after having
received the Fingerprinting Authorization Certificate by the
Division.
2.3.7.3.4 The Division at
is 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.
2.3.7.3.5 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; the name all of states lived in;
and a signature authorizing the background check to be completed.
2.3.7.3.6 For the purposes of this section,
and for any section of these regulations referencing a Fingerprinting
Authorization Certificate, such certificate shall be considered complete only
when it has been completed and signed by the Division and includes 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.
2.3.7.3.7 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.
2.3.7.3.8 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 FCCH:
* 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.
2.3.7.3.9 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.
2.3.7.3.10 The
Division shall provide the result of the background check to the prospective
FCCP that indicates whether the individual, for whom the background check was
completed, shall be prohibited as required in the rule 2.3.7.3.8 or rule
2.3.7.3.9 of these regulations without revealing the basis for the decision as
required in the rule 2.3.7.3.12 of these regulations and shall identify whether
a prohibited person is eligible to request a variance.
2.3.7.3.11 When the Division has determined
an individual to be prohibited as required in the rule 2.3.7.3.8 or rule
2.3.7.3.9 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 individual is eligible to request a
variance.
2.3.7.3.12 The Division
shall not share any information related to a background check with anyone other
than as required in the rule 2.3.7.3.10 or rule 2.3.7.3.11 of these
regulations.
2.3.7.3.13 Only
persons prohibited under rule 2.3.7.3.8 of these regulations or 2.3.7.3.9 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; or
* Other information known to the Department.
These individuals may be present or be employed in a FCCH
only when the prospective FCCP and the person involved, have obtained a written
variance from the Commissioner, or designee. The prospective FCCP 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 FCCP and the involved person.
2.3.7.4 FCCP Qualifications: Prior to initial
licensure the prospective FCCP shall provide written documentation of
education, training and experience in his/her BFIS Quality and Credential
Account. This documentation shall demonstrate how he/she meets the minimum
requirements for qualifications established in the rules in section 7.3 of
these regulations.
2.3.7.5 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 FCCP 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.
2.3.7.6 Insurance Coverage: The FCCP shall
carry liability insurance of a reasonable amount for its own protection and for
the protection of children attending the FCCH. Evidence of insurance coverage
shall be provided to the Division. Transportation insurance, if applicable,
shall cover property damage, bodily injury and liability.
2.3.7.7 Heating System Inspection: The FCCH
heating system shall be inspected by a qualified person and found to be
properly installed and operational. Evidence of a satisfactory inspection,
within the six (6) months prior to initial application, shall be supplied to
the Division.
2.3.7.8 The
prospective FCCP shall meet all applicable requirements of the Vermont Division
of Fire Safety and the United States Americans with Disabilities Act.
2.3.7.9 The prospective licensed FCCP shall
ensure that the water and wastewater system used by the licensed FCCP, 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.
2.3.7.10 The
prospective FCCP shall ensure that the drinking water system complies with the
testing requirements in the Vermont Water Supply Rule and have a first draw
test for lead 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 may 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.
* Information from this water test shall be included in the
initial application.
2.3.7.11 If a prospective licensed FCCH is
not required to have a drinking water permit related to the Vermont Water
Supply Rule as in rule 2.3.7.10 of these regulations, the prospective licensed
FCCP 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.
2.3.7.12 A prospective FCCP shall ensure that
a drinking water system serving less than twenty-five (25) persons daily,
served by their own well or spring, is maintained as a drinking water system of
potable water.
* Potable water testing shall include bacterial
((presence/absence of total coliform) and nitrate), and chemical screening
(arsenic, uranium, nitrite, manganese, 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.
2.3.7.13 As of the date of the application,
the prospective FCCP 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.
2.3.7.14
As of the date of the application, the prospective FCCP 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.
2.3.7.15 Zoning and
Approvals for licensed FCCH
2.3.7.15.1 A
prospective licensed FCCP shall meet all applicable requirements of the
applicable municipal zoning bylaws.
2.3.7.15.2 Zoning approval for a licensed
FCCH shall be properly recorded in the municipal office in which the licensed
FCCH is located and a copy provided to the Division in the initial
application.
2.3.7.15.3 The
prospective licensed FCCP shall ensure that the licensed FCCH is constructed,
furnished, maintained and equipped in compliance with all applicable
requirements established by Federal, State, local and municipal regulatory
bodies.
2.3.7.16
Division Review and Response: Upon receipt of a completed application, a
Division representative shall:
* Review the application, confer with the prospective FCCP,
make inquiry and investigation and may inspect the premises to determine
whether the prospective FCCP has fully or substantially complied with
applicable provision of these regulations;
* Make a timely decision regarding issuance of a license;
and
* Inform the prospective FCCP of the
decision.
2.3.7.17 If a
license to operate is denied, the Division will notify the prospective FCCP in
writing of the reason(s) for denial and set forth the prospective FCCP's rights
to appeal the decision.
2.3.8 Annual Assurances
2.3.8.1 Sixty (60) days prior to anniversary
of the FCCH current license, the Division shall send the licensee electronic
notice of the requirement to submit annual assurances through BFIS.
2.3.8.2 The FCCP shall complete all annual
licensing requirements by the anniversary date of the FCCH current
license.
2.3.8.3 The FCCP shall
ensure that the FCCP; all individuals residing in the home; staff; and any
individuals who are left alone with children 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.
2.3.8.4 The FCCP
shall ensure that the FCCP and all staff have met ongoing professional
development requirements as defined in the rule 7.4 of these
regulations.
2.3.8.5 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 FCCP
shall comply with the requirements of 18 V.S.A. Chapter 38 Vermont Lead Law and
shall ensure that Essential Maintenance Practice (EMP) have been performed and
documented.
2.3.8.6 The FCCP shall
maintain on site evidence of continuous insurance as defined in the rule
2.3.7.6 of these regulations.
2.3.8.7 If the results of the test for lead
in the drinking water equaled or exceeded acceptable limits at the time of
initial licensure, the FCCP shall ensure that a flush sample is analyzed once
every 365 days by a Drinking Water Laboratory certified by the State of Vermont
according to 18 V.S.A. § 501b. Documentation from this water test shall be
maintained on site.
2.3.9 Procedures for License Renewal
2.3.9.1 Sixty (60) days prior to the
expiration of the FCCH current license, the Division shall send the FCCP
electronic notice of the requirement to apply for license renewal through
BFIS.
2.3.9.2 It is the
responsibility of the FCCP to monitor their license expiration date and make a
timely and sufficient renewal application to maintain their license status. It
is recommended that the FCCP submit an application for license renewal to the
Division at least forty-five (45) calendar days before expiration of the FCCH
current license to ensure that all necessary documentation and verification is
completed prior to the expiration date. Applications for renewal received
within fifteen (15) days of expiration may not be processed in time to ensure
timely and sufficient application for renewal.
2.3.9.3 A complete application and all
necessary documentation and verification must be submitted prior to the
expiration date of the current license.
2.3.9.4 The Division shall conduct a
licensing visit at least once every renewal period at each FCCH.
2.3.9.5 A FCCP 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:
2.3.9.5.1 All annual assurances, related
background checks, staff qualifications and annual professional development,
lead poisoning prevention, insurance, and drinking water testing as specified
in the rules in section 2.3.8 of these regulations;
2.3.9.5.2 The FCCP shall ensure that the FCCH
heating system has been inspected by a qualified person and found to be
properly installed and operational within the last 730 days. Evidence of a
satisfactory inspection shall be supplied to the Division for each
inspection.
2.3.9.5.3 If a licensed
FCCH is not required to have a drinking water permit related to the Vermont
Water Supply Rule as in rule 2.3.7.10 of these regulations, the licensed FCCP
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.
2.3.9.5.4
The FCCP shall ensure that a drinking water system serving less than
twenty-five (25) persons daily, served by their own well or spring, is
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.
2.3.9.5.5
Good standing in regard to payment of taxes due to the State of Vermont as
specified in the rule 2.3.7.14 of these regulations; and
2.3.9.5.6 Good standing in regard to payment
of child support obligations as specified in the rule 2.3.7.15 of these
regulations.
2.3.9.6 At
the time of renewal the FCCP must demonstrate to the satisfaction of the
Division that the FCCH is in full or substantial compliance with these
regulations.
2.3.9.7 When a FCCP
makes timely and sufficient application for renewal, the existing license shall
not expire until the Division makes a decision on the renewal
application.
2.3.9.8 If the FCCP
does not provide sufficient application materials and documentation of
compliance prior to the expiration date of the current license, the license
expires and the FCCP must submit a new license application and meet all
requirements for the issuance of a full license in order to provide care for
children in more than two (2) families other than their own.
2.3.9.9 Division Review and Response: Upon
receipt of a completed application for renewal, a Division representative
shall:
* Review the application, confer with the FCCP, make inquiry
and investigation and may inspect the premises to determine whether the FCCP
has fully or substantially complied with applicable provision of these
regulations;
* Make a timely decision regarding renewal of a license;
and
* Inform the FCCP of the decision.
2.3.9.10 If a license renewal is denied, the
Division will notify the FCCP in writing of the reason(s) for denial and set
forth the FCCP's rights to appeal the decision. The FCCP 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.
2.3.10
License
2.3.10.1 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 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.
2.3.10.1.1 The official posted license of
licensed programs shall also contain the following:
* The maximum number of children who may be served at one (1)
time;
* The ages of the children who may be
served;
2.3.10.2
The Division may attach terms and conditions to the approval of a license when
unique circumstances warrant. The FCCP shall maintain compliance with all terms
and conditions on the license certificate.
2.3.10.3 The FCCP shall not alter or tamper
with the official posted license or cause another to alter or tamper with the
official posted license.
2.3.10.4
The FCCP shall be responsible for compliance with these rules and shall operate
the FCCH at all times within the terms and conditions of the license.
2.3.10.5 The FCCP 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 FCCH regulations.
2.3.10.6 The FCCP shall not represent or give
the impression that the FCCH and its services are other than as defined by the
license certificate and the limitations of these regulations.
2.3.11 Changes that Impact a
License
The FCCP shall notify the Division prior to any of the
following changes in the operation of the FCCH. The Division shall determine
whether it will be possible to modify a current license, approve a time limited
variance or whether the FCCP 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 FCCH;
* A change in the name of the FCCH;
* A change in the FCCH'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 FCCH serves at any
one (1) time;
* A change in the ages of children the FCCH serves;
* Changes in the household membership as in the rule 7.2.2 of
these regulations; or
* If the FCCP is unable to provide direct care necessitating
a long term substitute.
Rule
2.4. Violations and Corrective Action.
2.4.1 When violations are found to exist, the
Division will offer the FCCP 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 FCCP.
2.4.2 When violations present a imminent risk
of physical, emotional or developmental harm to children, show a pattern of
repeated non-compliance, or a FCCP fails to comply with corrective action
requirements; the Division may choose to take additional regulatory
action.
Rule 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 FCCH is in serious or
imminent danger, the Division may immediately suspend the license upon issuance
of a written suspension order. The FCCP shall not provide care for children in
more than two (2) families other than their own once the license is suspended.
The order shall state the reason(s) and factual basis for the suspension. The
order shall contain the FCCP's right 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
FCCH 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 FCCH 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 FCCH;
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 FCCH 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 FCCP's right to appeal the decision and request a hearing.
Sufficient notice shall be provided for the FCCP 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.
Rule 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 the approval of a provisional license;
* Denies approval of a full license;
* Cites a violation of regulations in a site visit
report;
* Denies a request for a variance; or
* Deems a variance null and void,
the Division shall notify the FCCP in writing with
appropriate notice, including the factual evidence the Division believes
warrants the action or intended action and specify the FCCP's right to appeal
the decision and request a hearing.
2.6.2 If the FCCP 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 FCCP shall
indicate whether he/she is requesting a Commissioner's Review hearing or an
appeal directly to Human Services Board. If the FCCP requests an appeal
directly to Human Services Board, the Division shall notify the Human Services
Board of the FCCP's request.
* Appeals challenging the revocation of a full or
provisional license to operate, or denial of a variance shall not 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) working 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 FCCP an opportunity to be heard with regard to the action or
intended action. The FCCP may submit a written response to the Division's
notice, may present his/her position in person to the Commissioner's designee
at the Department, or through an attorney or other representative designated in
writing by the FCCP. The FCCP may provide witnesses, documents or other
evidence in 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 FCCP in
writing of the final decision of the Department as a result of Commissioner's
Review and of the reasons for upholding or overturning the action or intended
action.
2.6.8 If the FCCP 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 FCCP 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 FCCP 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 FCCP 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 FCCH is in serious or imminent danger.
2.6.10 If a FCCP 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.
Rule 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 FCCP
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 3.4, 4.7, 6.1.4.3, and 6.2.3.
2.7.2 A FCCP 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
FCCP 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 regulation 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 FCCP, 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 FCCP 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
FCCP does not maintain the approved plan for the intent of the regulation as
specified in the rules 2.7.2 and 2.7.3 of these regulations, the Division may
deem the variance null and void.
Rule
2.8. Public Record of Violations.
2.8.1 The FCCP shall post site visit reports,
notices of violations, or notices of regulatory action for no fewer than
fifteen (15) days following receipt by the FCCP 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 FCCP of this requirement in writing, including reasons and factual
basis for the violation and it's designation as a serious violation. The FCCP
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 FCCP. Serious violations are defined in rule 2.2.44 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 FCCH. 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 FCCP may request the Division remove the public
violation record from the BFIS website after that time.
FCCH SECTION 3
ADMINISTRATION AND OPERATION
Rule 3.1. Notifications to Child Care
Licensing.
3.1.1 Serious injury or death of a
child: The FCCP shall make a timely report to the Division of any injury or
accident involving a child in care 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.
3.1.2 The FCCP shall
immediately report any incident where a child is bitten by an animal while
attending the FCCH. 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.
3.1.3 The FCCP shall notify the Division in
writing within forty-eight (48) hours of any fire in the FCCH that required the
use of a fire extinguisher and/or the services of a fire department.
3.1.4 Missing child: When it is determined
that a child attending the FCCH is missing from the program, the FCCP and/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.
3.1.4.1 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 FCCP of the child's
absence, the parent or authorized person for the child must be contacted
immediately.
3.1.5
Self-reported violations: If an incident or situation occurs in a FCCH while
children are present that could be considered a serious violation as defined in
the rule 2.2.44 of these regulations, the FCCP 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 FCCP has
done to verify the particulars of what occurred, and how the FCCP has taken
corrective action to ensure the safety and well-being of children and prevent a
future serious violation. If such a report is received in a timely manner from
a FCCP 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
FCCP 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.
3.1.6 The FCCP 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 FCCP 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.
3.1.7 The FCCP shall submit, within one (1)
business day, information on any new individual residing in the FCCH or any new
individual present more than five (5) times in 365 days during the FCCH's hours
of operation as required in the rule 7.2.2 of the regulations.
Rule 3.2. Legal Mandates Regarding
Child Abuse and Neglect.
3.2.1 The FCCP,
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.
3.2.2 The FCCP, 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.
3.2.3 It is the
responsibility of the FCCP to ensure that staff and partner staff working with
children in the FCCH 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 3.2.2 of these
regulations.
3.2.4 The licensed
FCCH program director shall develop and implement a written policy requiring
the licensed FCCP, and staff to report suspected child abuse or neglect to the
Department as specified in the rule 3.2.2 of these regulations.
3.2.5 The licensed FCCP and staff shall be
trained in prevention, identification and mandatory reporting of child abuse
and neglect.
3.2.6 The licensed
FCCP and staff shall be trained in prevention of child sexual abuse; in signs
and symptoms of sexual abuse, sexual violence, grooming processes; in
recognizing the dangers of child sexual abuse in and close to the home; and
other predatory behaviors of sex offenders.
3.2.7 A licensed FCCP 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.
Rule 3.3. Program Management and
Recordkeeping.
3.3.1 The FCCP shall keep all
required records, schedules, materials and equipment used to operate and
maintain the FCCH in good order and in locations appropriate for day to day
access.
3.3.2 All written policies
and procedures shall be reviewed once every 365 days and revised when
necessary.
3.3.3 The FCCP shall
establish a system for taking attendance, including documentation of the time
when each child arrives and departs each day he/she attends the FCCH. The FCCP
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.
3.3.4 Children's Files
3.3.4.1 The FCCP shall maintain a complete
and up-to-date enrollment file on-site for each child enrolled in the FCCH. 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 FCCH and the days
and hours the child is regularly scheduled to attend the FCCH;
* The child's name, current home address and current home
telephone number;
* 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 and identifying information for all persons
authorized to pick the child up from the FCCH;
* 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 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 FCCP 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 FCCP to transport
the child, if transportation is provided, as required in section 5.10.6.6.1 of
these regulations;
* Written permission from parents for 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 3.5.4 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.
3.3.4.2 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.
3.3.4.3 The FCCP 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.
3.3.4.4 Pertinent information
from a child's enrollment file shall be available to staff responsible for that
child.
3.3.4.5 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.
3.3.4.6 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 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.
3.3.5 Personnel
Files
3.3.5.1 A licensed FCCP shall maintain a
complete and up-to-date personnel file for staff working at the licensed FCCH.
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 or 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 and reason for leaving, if applicable;
* IPDP; and
* Written annual performance reviews.
3.3.5.2 A licensed FCCP shall maintain a
complete and up-to-date list of all partner staff at the licensed FCCH 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.
3.3.6
Other Administrative Records
3.3.6.1 The FCCP
shall maintain a record of the date of each evacuation drill as required in the
rules in section 3.6.2 of these regulations that includes the number of
children, staff evacuated, time taken to evacuate, and notation of the drill
conducted while children were sleeping or resting. Evacuation records shall be
kept for three (3) years.
3.3.6.2
The FCCP 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.
3.3.6.3 The FCCP shall maintain records
pertaining to all medications administered to children as required in the rule
5.6.8 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.
3.3.6.4 The FCCP 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 two (2) years after the date of the pesticide
application and be made available for inspection by Division representatives
and parents.
3.3.6.5 Staffing
Schedule: A licensed FCCP shall maintain a written record of the daily schedule
for at least 365 days of all staff including their position titles, and exact
days and hours worked.
3.3.7 Bright Futures Information System
(BFIS)
3.3.7.1 The FCCP shall provide written
reports as required in rules in section 3.1 of these regulations electronically
using BFIS.
3.3.7.2 The Division
shall provide licensing notifications, documents and information to the FCCP
electronically utilizing BFIS.
3.3.7.3 Within six (6) months of initial date
of employment, the FCCP and all staff 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 sections
7.3 and 7.4 of these regulations shall be submitted to NLCDC to be verified and
maintained in BFIS.
3.3.7.4 The
FCCP shall provide up-to-date program information in the program's BFIS
account.
3.3.7.5 The FCCP shall
maintain a current list of the staff, persons who reside in the FCCH, and
non-parental volunteers, as applicable, in BFIS. Any changes shall be reported
through BFIS within five (5) working days of the change.
Rule 3.4. Non-Discriminatory
Enrollment.
The FCCP shall not deny a child's entry into the program
because of race, creed, color, national origin, disability, gender or the
parents marital status or gender identification.
Rule 3.5. Safe Release of Children.
3.5.1 The FCCP and staff shall release a
child only to persons authorized by the parents as specified in the rules
3.3.4.1 and 5.10.6.6.1.2 ofthese regulations. When a person authorized to pick
up a child is unknown to the FCCP and staff, his/her identity must be verified
prior to releasing the child.
3.5.2
The FCCP and/or 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.
3.5.3 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 FCCP shall ensure that a system to verify the identity of
the person being authorized to pick up the child is known and utilized. The
FCCP shall ensure such emergency calls are documented in writing to include the
information regarding the identity of the person who picks up the child in the
event of such an emergency.
3.5.4
The FCCP 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.
Rule 3.6.
Emergency Preparedness.
3.6.1 Emergency
Planning
3.6.1.1 The FCCP shall develop and
maintain a written Emergency Response Plan to respond to a full range of
emergencies both natural and man-made. A complete plan shall include how the
FCCP will address and manage the following situations and responsibilities:
* Evacuations of the building for fire or other emergencies
such as lockdown situations and sheltering-in-place;
* 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 FCCH 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 FCCH;
* A system to account for all children and staff at
evacuation meeting place;
An process for relocation if necessary including safe
transportation;
* A system for sheltering in place if the FCCP and children
present need to remain in the FCCH for an extended period; and
* Staff chain of command and individual staff roles and
responsibilities, (if applicable) during emergencies.
3.6.1.2 The FCCP shall ensure that all staff
are trained on the Emergency Response Plan and are aware of where to find the
written plan in the FCCH.
3.6.1.3
The FCCP shall ensure that the Emergency Response Plan is reviewed and updated
at least once every 365 days.
3.6.1.4 The FCCP shall ensure that parents
are aware of the Emergency Response Plan, particularly where children would be
taken if evacuated from the FCCH.
3.6.2 Building Evacuation
3.6.2.1 The FCCP shall have a written
evacuation diagram with evacuation routes posted on each level of the home that
is used by the children.
3.6.2.2
The FCCP shall ensure that evacuation drills are conducted at least once a
month.
3.6.2.3 At least one (1)
drill every 365 days shall be conducted while children are sleeping or
resting.
3.6.3 Emergency
preparedness Training: Within 365 days of opening a FCCH, the FCCP shall attend
emergency preparedness training which shall include content specifically
related to sheltering in place in the event of an emergency in which the FCCP
and children present need to remain in the FCCH for an extended
period.
Rule 3.7.
Confidentiality.
The FCCP, staff, and partner staff shall not disclose or
permit the use of any information regarding an individual child or family
gained through FCCH interaction with the child and family, or FCCH 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.
Rule 3.8. Annual Program Assessment.
The licensed FCCP shall conduct a thorough assessment of the
program that includes input from staff and parents at least once every 365
days.
FCCH SECTION 4
PARENT/FAMILY ENGAGEMENT IN THEIR CHILDREN'S CARE
Rule 4.1. Pre-enrollment Visits and
Orientation.
4.1.1 The FCCP shall ensure that
an opportunity to visit and observe the FCCH is offered to parents considering
enrolling their child.
4.1.2 The
FCCP shall establish a process for orientating children and parents to the FCCH
that offers parent orientation and a gradual introduction of children to the
program.
Rule 4.2.
Visits and Access to Children.
The FCCP shall ensure that parents have access to the FCCH
and to their children without delay at any time children are in attendance and
without prior approval. This does not prohibit the FCCP from locking their
doors for security purposes or checking parent's identification.
Rule 4.3. Parent Conferences.
4.3.1 The FCCP shall offer formal or informal
parent conferences at least two (2) times every 365 days to discuss children's
learning, development, and interactions in the FCCH. Parents will be given an
opportunity to share information about the child in his/her home environment
and to provide input to the FCCH environment.
4.3.2 Parents may request a formal or
informal meeting with the FCCP regarding their child at any time and any such
request shall be accommodated within ten (10) business days of the
request.
Rule 4.4.
Parent Communication.
4.4.1 The FCCP 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, sleeping, and developmental progress.
4.4.2 The FCCP shall encourage and facilitate
two-way communication between the FCCH and parents. The FCCP shall communicate
regularly to parents about FCCH 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 The FCCP shall obtain written parental
permission prior to contacting or making professional referrals. This written
permission shall be retained in each child's file.
Rule 4.5. Activities to Encourage Parental
Involvement.
The FCCP shall provide opportunities for parents to be
involved such as offering opportunities to volunteer during or in support of
the FCCH and offering learning and/or social activities for parents and
children.
Rule 4.6.
Supporting Breast Feeding
The FCCP shall provide comfortable accommodations for
mothers who breastfeed their child during the hours their child is in
attendance of the FCCH.
Rule
4.7. Communicating FCCH Policies and Procedures.
The FCCP shall establish written policies and procedures.
Written information provided to parents of all children enrolled in the FCCH
shall include, at minimum:
* Assurance that parents have access to the FCCH and their
child(ren) without prior notice and have access to their children's records as
required in the rule 3.3.4.6 of these regulations;
* A description of information needed from parents for
child's enrollment file as required in rules in section 3.3.4.1 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 3.6 of these regulations;
* Information about the nutrition, meals and meal preparation
at the FCCH;
* 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;
* FCCH policies on field trips, other off-site activity and
transportation;
* FCCH health policies including illness exclusions,
administration of medication, and immunizations;
* FCCH 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 3.2 of these
regulations;
* Assurance that non-discrimination and respect for each
child's family and culture is maintained;
* FCCH approach to ensure wholesome growth and positive
developmental experiences for children enrolled;
* FCCH 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 FCCH regulations and
other information about child development online;
* Information concerning complainant procedures;
* Information about the Child Care Consumer Line, including
the telephone number (1-800-649-2642); and
* FCCH policies and procedures related to the expulsion of
children.
FCCH SECTION 5
HEALTH, SAFETY AND NUTRITION
Rule
5.1. Child Health Promotion and Protection.
5.1.1 The FCCP shall ensure that the FCCH
environment and practices support children's health and safety.
5.1.2 General Health Examinations:
Within forty-five (45) days of enrollment the FCCP 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 FCCP 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 FCCP 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.
Rule 5.2. Routine
Health Practices.
5.2.1 Hand washing
5.2.1.1 The FCCP shall ensure that adults and
children wash their hands:
* Upon arrival at the FCCH;
* 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 FCCP 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 FCCP shall ensure the hand
washing procedure 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 off-site, and hands are not visibly soiled,
hand sanitizer may be used by the FCCP, 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 The FCCP and/or
staff shall wash the hands of children who are unable to wash their own and
provide age appropriate guidance and supervision to help children learn and
practice healthy hand washing.
5.2.2 Children's clothing
5.2.2.1 The FCCP 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
The FCCP 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. A FCCP
may choose to launder wet or soiled clothing on site.
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 The FCCP shall ensure that children's
diapers are changed when wet or soiled.
5.2.3.2 The FCCP 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 The FCCP shall monitor the supply of
diapers for each child and make sure they are replenished regularly.
5.2.3.4 The FCCP shall ensure that there is a
sturdy diaper changing area with a clean, washable and non-absorbent surface.
The diapering changing area shall not be located in the kitchen or any area
where food is stored, prepared or served.
5.2.3.6 The FCCP shall ensure that used
disposable diapers are placed in a leak proof bag or container that is washable
and has a firmly fitting cover.
5.2.3.7 A container used for diapers shall be
out of reach of children.
5.2.3.8
The container for diapers shall be emptied, cleaned and disinfected
daily.
5.2.3.9 If cloth diapers are
used, the FCCP shall ensure that wet or soiled diapers are placed in a plastic
bag or individual container that can be sealed and kept out of reach of
children.
5.2.3.10 Cloth diapers
shall be sent home with the child on a daily basis. The FCCP may choose to wash
cloth diapers daily.
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 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,
dispose of diaper, and staff member washes their own hands.
* Record diaper change.
5.2.3.12 The FCCP shall have a written diaper
changing procedure that is accessible to staff.
5.2.3.13 A licensed FCCP shall post the
diaper changing procedure at each diaper changing area.
5.2.3.14 In addition to hand washing,
disposable non-porous gloves shall be worn during diapering when:
* A staff person 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 the
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 The FCCP and 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 The FCCP shall
ensure that all toilet learning/training is carried out with the parent's
knowledge and consent. Toilet training methods 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 Body Fluids
Staff shall use standard precautions when exposed to blood or
blood-containing body fluids. The standard precautions include:
* Use of nonporous disposable gloves to clean up the blood or
bloodcontaining 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:
* Plastic mouthed toys;
* Changing tables; and
* Cribs, cots, mats, and bedding, if used by different
children.
When it touches another surface:
* Pacifiers
Every week:
* Cribs, cots and 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; and
* Dining tables and highchair trays.
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 The following items shall be
Disinfected at the end of each day:
* Door handles;
* Hand washing sinks and faucets;
* Countertops;
* Toilets and toilet learning equipment;
* Diaper pails; and
* Drinking fountains.
Rule 5.3. Managing Infectious Diseases.
5.3.1 The FCCP shall develop and implement a
plan for the management of communicable disease in the FCCH including the
following:
* Naming and identifying symptoms of illnesses for which a
child will be excluded or sent home from the FCCH;
* Identifying communicable diseases for which a child will
not be admitted to the FCCH 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 FCCH 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 The FCCP shall follow the exclusion
policies as set forth in Signs and Symptoms of Illness Chart (see Appendix
A).
5.3.3.2 The Signs and Symptoms
of Illness Chart document shall be available for staff and parents to
read.
5.3.3.3 A child may excluded
from care if, in the opinion of the FCCP, 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 FCCP 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. The area 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.
Rule 5.4. Sleep and Rest Accommodations.
5.4.1 General Sleep and Rest Provisions
including Crib Requirements
5.4.1.1 The FCCP
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 the age of twelve (12)
months. Children shall not nap in cribs or port-a-cribs if they are physically
able to climb out unassisted.
5.4.1.2 The FCCP shall ensure that all cribs
and port-a-cribs used for children at the FCCH meet Consumer Product Safety
Commission 16 C.F.R. Part
1220 (see Appendix B). The FCCP shall maintain
documentation of each crib's compliance with this mandate.
5.4.1.3 The FCCP shall ensure that any crib
that does not meet
16 C.F.R. § 1220 is removed from the
premises.
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 FCCP providing them or
requiring parents to provide them. No child shall nap directly on nonporous
coverings.
5.4.1.5 Children shall
be supervised by FCCP and/or staff while napping or resting. The FCCP and/or
staff shall directly observe a sleeping child at least every fifteen (15)
minutes to check the child's face, view the color of the child's skin, and
check on the child'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 the FCCP and/or 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 The
FCCP and 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 infant 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 FCCP shall
design the FCCH'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.
Rule 5.5. Oral Health.
5.5.1 If children brush their teeth at the
FCCH, 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.
Rule 5.6.
Administration of Medication.
5.6.1 The FCCP
shall develop and consistently implement a written policy and plan regarding
the administration of medication to children.
5.6.2 The FCCP shall ensure that only staff,
who have completed a training course, approved by the Division, administer
medication in the FCCH.
5.6.3 The
FCCP shall ensure that medication or herbal/folk remedies is not administered
to a child unless the FCCH has received written permission from the child's
parents for each medication given.
5.6.4 The FCCP shall ensure that parents are
notified if a substitute is not approved to administer medication.
5.6.5 The FCCP shall ensure that 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.
5.6.6 The FCCP shall ensure that all
prescription medication is in its original container, properly labeled for the
child, and administered prior to the expiration date on the
container.
5.6.7 The FCCP shall
ensure that all non-prescription medication 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.
5.6.8 The
FCCP shall ensure that there is a record of the administration of all
medications 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.
5.6.9 The FCCP shall ensure
that un-used medication is returned to the parent when no longer needed by the
child.
5.6.10 Insect repellent,
sunscreen and non-prescription diaper ointment are not considered medications.
The FCCP shall ensure that written parental permission is 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.
5.6.11 The FCCP shall
ensure that all medication and non-medications described in the rule 5.6.10 of
these regulations shall be securely stored and inaccessible to
children.
5.6.12 Prescription
rescue medication, such as rescue inhalers, epinephrine (epi) pen, and seizure
medication, must be kept immediately accessible for use in cases of
emergency.
Rule 5.7.
First Aid Kits.
5.7.1 The FCCP shall have a
first aid kit that is readily accessible to adults in the FCCH, 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 The FCCP 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 3.3.4.1 of these regulations.
Rule 5.8. Responding to Accidents, Injuries,
and Medical Emergencies.
5.8.1 The FCCP 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 The FCCP 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 notify the child's parents as
quickly as possible.
5.8.3 The
FCCP 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 3.1 of these
regulations.
Rule 5.9.
Children with Special Health Care Needs and Disabilities.
5.9.1 The FCCP shall ensure that all children
are included in all activities possible unless a specific medical
contraindication exists.
5.9.2 The
FCCP shall plan for the full and successful inclusion of children with special
health care needs and disabilities. An individual child's plan shall be
developed with the child's parents and staff (if applicable). The plan shall
address any health or other particular needs of the child.
5.9.3 The FCCP shall ensure that adaptations
and accommodations 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 and
disabilities.
Rule 5.10.
Physical Environment and Safety.
5.10.1
General Safety of Building and Grounds
5.10.1.1 General Safety: The FCCP shall
ensure the physical facilities of the FCCH, grounds, equipment, and toys
present no hazard to the health, safety and well-being of the children.
5.10.1.1.1 The FCCP shall ensure that
children are protected from electrical outlets, or other devices manufactured
for this purpose.
5.10.1.1.2 The
FCCP shall ensure that children are protected from choking hazards presented by
cords on window coverings, electric or electronic appliances or equipment and
telephone cords.
5.10.1.1.3 The
FCCP shall ensure that furniture and equipment are sturdy. Furniture and
equipment that present a tipping or falling hazard shall be secured.
5.10.1.1.4 The FCCP shall ensure that closet
and bathroom doors that can be locked have an unlocking device readily
accessible. No locking or fastening device shall be used on the outside of the
door that would prevent free escape.
5.10.1.1.5 The FCCP shall ensure that
children younger than three (3) years of age do not have 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 The FCCP shall ensure that sharp
objects are 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 licensed FCCP shall ensure
that the licensed FCCH 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 The FCCP
shall limit the care of children to the ground floor of the home unless another
level used has two (2) separate means of exit to the outside of the home. If
the second floor is used there shall be a safe evacuation plan for children
from the second floor.
5.10.1.2.3
On the basement level, at least one (1) exit shall be directly to the outside
of the home. Bulkhead type doors are prohibited as exits. If the basement is
used, one (1) of the exits may be a window provided the window is no more than
forty-four (44) inches from the sill of the window to the floor and has a
minimum opening of at least twenty (20) inches wide by twenty-four (24) inches
high. The window shall be accessible to children and staff and easy to
open.
5.10.1.2.4 The FCCP shall
ensure that each floor of the home, and in the corridor to access the home in
an apartment building, has an operating smoke detector as well as a smoke
detectors in the immediate vicinity where children sleep. The FCCP shall ensure
carbon monoxide monitors are located outside of rooms were children sleep.
5.10.1.2.4.1. The licensed FCCP shall ensure
that each floor of the home, and in the corridor to access the home in an
apartment building, has an operating smoke detector as well as smoke detectors
in all rooms where children sleep. The licensed FCCP shall ensure carbon
monoxide monitors are located outside of rooms were children
sleep.
5.10.1.2.5 There
shall be at least one (1) easily accessible dry chemical fire extinguisher
which has at least a 2-A: 10BC classification. This fire extinguisher shall be
maintained in operating condition. It shall bear an official tag, properly
signed, attesting to current operating condition.
5.10.1.2.6 The extinguisher shall be visibly
mounted to the wall near an exit door.
5.10.1.2.7 The FCCP and all staff (as
applicable) shall be familiar with the use and handling of the fire
extinguisher.
5.10.1.2.8 The FCCP
and staff (as applicable) shall be physically able to assist in exiting all of
the children present at one (1) time in the case of a fire.
5.10.1.3 Plumbing, Water and
Sewage
5.10.1.3.1 The FCCP shall ensure that
the FCCH plumbing is kept in good working condition.
5.10.1.3.2 The licensed FCCP shall ensure
that the licensed FCCH meets all applicable plumbing codes as established by
the Vermont Division of Fire Safety.
5.10.1.3.3 The licensed FCCP shall ensure
that the licensed FCCH is in compliance with applicable rules from the
Department of Environmental Conservation at all times.
5.10.1.3.4 The FCCP shall ensure that
drinking water is potable by meeting Vermont standards at all times or shall
provide bottled water for drinking.
5.10.1.4 Trash, Recycling and Composting
5.10.1.4.1 The FCCP shall ensure that garbage
and compost are kept in containers that are securely covered.
5.10.1.4.2 The FCCP shall ensure children
only access compost containers when under direct supervision of
staff.
5.10.1.4.3 The FCCP shall
ensure recycling materials are 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 The FCCP
shall ensure recycling items that pose a safety hazard for children such as
metal cans are inaccessible to children.
5.10.1.4.5 The FCCP shall ensure garbage,
recycling and compost is not allowed to exceed the limits of its container and
is removed from rooms used by children at least once the container is full, if
it develops an odor, or presents some other health or safety risk.
5.10.1.4.6 The FCCP shall ensure garbage and
recycling is removed from the premises on a regular basis but not less than
once every fourteen (14) days.
5.10.1.4.7 The FCCP shall ensure compost is
removed from the premises on a regular basis but not less than once every (7)
days. A contained composter 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 The FCCP shall ensure that any
room in the FCCH used by children is maintained at a minimum temperature of
65°F and a maximum of 85°F at one (1) foot above floor level and that
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 FCCP 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 FCCP
shall ensure that screens used on all windows, doors or other openings to the
outside are in good repair. Doorways to the outside that are open, excluding
fire doors, shall have screens.
5.10.1.5.7 The FCCP shall ensure that air
conditioners, electric fans and heaters, including all floor or window fans are
inaccessible to children. If they are mounted indoors or outdoors they shall be
securely attached.
5.10.1.6 Lighting
5.10.1.6.1 The FCCP shall ensure that the
FCCH has sufficient natural and artificial lighting in all areas where care and
education are provided to allow children to see clearly to reduce the risk of
injury and allow the FCCP and staff to supervise the children
visually.
5.10.1.6.2 The FCCP shall
ensure that parking areas of driveways, 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 FCCP shall ensure that all surfaces and finishes in the
FCCH and premises are safe and non-hazardous.
5.10.1.8 Childhood Lead Poisoning Prevention
The FCCP 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 FCCP 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 FCCH shall use pesticides of
least risk. Only pesticides registered with the Vermont Department of
Agriculture, Food and Markets shall be used, and documented in administrative
records as required in the rule 3.3.6.4 of these regulations.
5.10.1.9.2 The FCCP shall ensure that all
contracted pesticide applications shall be applied only by commercial
applicators certified by the Vermont Department of Agriculture, Food and
Markets.
5.10.1.9.3 The FCCP 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 FCCP 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 in care 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 FCCP shall ensure that pest
baits are not 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 FCCH 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 FCCH except as permitted by the Vermont
Division of Fire Safety.
5.10.1.10.3 All poisonous or toxic materials
shall be inaccessible to children.
5.10.1.10.4 Devices that diffuse or omit
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 FCCH while children are present.
5.10.1.10.5 Plants accessible to children
(indoors and outdoors) shall be non-toxic.
5.10.1.10.6 Protection of Children from
Asbestos:
Prior to any renovation or remodeling of the FCCH or if
demolition, repair, maintenance, or other conditions in the FCCH are observed
that indicate building material that may contain asbestos has been disturbed or
exposed, the FCCH 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 FCCP 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 FCCP shall ensure that
the use of tobacco and tobacco substitutes (including e-cigarettes), alcohol
and illegal drugs is prohibited at the FCCH (both indoor and outdoor
environments used by children) when children are present and also in any
vehicle used to transport children for program purposes.
5.10.1.11.2 If smoking occurs in the FCCH
when children are not present, the FCCP shall inform parents that their child
will be exposed to an environment in which tobacco products or tobacco
substitutes, or both, are used prior to the parent enrolling the child in the
FCCH.
5.10.1.11.3 No person working
or volunteering in the FCCH shall use or be under the influence of alcohol or
drugs while children are present at the FCCH. Medication prescribed by a
physician or over the counter medication that does not impair the ability of
the FCCP and staff to adequately supervise and care for the children may be
taken.
5.10.1.12
Firearms and Other Weapons
The FCCP shall ensure all firearms and other weapons,
including but not limited to hunting knives, archery equipment and weapon
accessories such as ammunition, are locked at the FCCH. Ammunition shall be
locked and stored in a location separate from weapons.
5.10.1.13 Telephones
5.10.1.13.1 The FCCP shall ensure that the
FCCH 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,
the FCCP shall check it every fifteen (15) minutes to ensure parents are able
to communicate with the FCCP during the day.
5.10.1.13.2 The FCCP 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 FCCH:
* Police;
* Fire;
* Ambulance/Rescue Squad;
* Poison Center (1-800-222-1222);
* Child Development Division; and
* Child Abuse Hotline 800 number.
Child specific information:
* Parental contacts;
* Emergency contacts; and
* Doctor contact information.
5.10.1.14 Pets
5.10.1.14.1 The FCCP shall ensure that
animals present at the FCCH do not present a danger or health hazard to the
children and staff.
5.10.1.14.2 The
FCCP shall ensure that any animals or pets present at or brought into the FCCH
are vaccinated as prescribed by law with documentation maintained at the
FCCH.
5.10.1.14.3 Animals presents
at the FCCH 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. Animals who roam freely
shall not be allowed near children who are eating.
5.10.1.15 Disruptive or Dangerous Behavior
The FCCP shall prohibit any person, including but not limited
to household members, parents, staff, partner staff or volunteers, from the
FCCH 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 licensed FCCP 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 area shall not be used for other activities when food or drink is
being prepared or served.
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.
5.10.2.2 Equipment, Dishwashing
and Surfaces
5.10.2.2.1 The FCCP shall ensure
all dishes, cups and glasses used by the children are 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 FCCP 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 FCCP 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 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, the FCCP 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 FCCP 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, including lunch
boxes, 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 All food shall be stored in
containers that are dated. Food items used by or intended for specific children
shall be plainly labeled.
5.10.2.3.3 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.
5.10.2.3.4
Food items shall be stored separately from cleaning materials.
5.10.2.4 Food Safety
5.10.2.4.1 The FCCP shall ensure 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 re-used, 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 large enough to provide opportunities for vigorous play and large muscle
activity on the premises or within a safe walking distance of the FCCH approved
by the Division.
5.10.3.1.1.1 A licensed FCCP
shall maintain or have access to a safe outdoor play area with at least
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 licensed FCCH 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 outdoor 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 the FCCP
and/or 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 FCCH.
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. The FCCP 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 is
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, excluding a multifunction,
prefabricated residential play structure.
5.10.3.2.3 The FCCP 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 the riding toys shall be maintained in good condition.
* Tricycles shall not have spokes, and tricycles and bicycles
with chains shall have chain guards.
* The FCCP 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 FCCP shall ensure that the surface under and around the
equipment, included 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 loose material such as sand, mulch, or shredded
rubber is used in use zones, the FCCP shall ensure that the material is raked
regularly and replenished to maintain depth and resilience; and
* If the resilient material in use zones freezes, the FCCP
shall ensure that the 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 FCCP shall ensure that interior space designated for use
by children is available to children when the FCCH is in operation, is
sufficient, and arranged to allow each child adequate space for free movement
and active play.
5.10.4.1.1 In a
licensed FCCH, a minimum of thirty-five (35) square feet of safe useable space
per child is available. Each child shall have adequate space for free movement
and active play. Measurements shall be from wall to wall on the inside of the
home. 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 required
square footage of useable space.
5.10.4.2 Exits: Stairways, hallways, windows,
and doors from the 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 FCCP shall ensure that
stairways over three (3) steps, inside and outside, have railings and are well
lit.
5.10.4.3.2 The FCCP shall
ensure that safe and sturdy gates are used on stairways, accessible to
children, at all times when children younger than thirty-six (36) months of age
are present.
5.10.4.4
Bathrooms
5.10.4.4.1 The FCCP shall ensure
that the FCCH has at least one (1) bathroom equipped with one (1) properly
functioning toilet and hand sink.
5.10.4.4.2 The FCCP shall ensure the bathroom
is equipped with properly functioning hand sink(s) that meet criteria in the
rule 5.2.1.5 of these regulations.
5.10.4.4.3 Bathrooms used by children shall
have toilet paper shall be 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 FCCP shall ensure that the
FCCH, its furnishing, 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 FCCP shall
ensure that the FCCH is kept free from rodent and insect infestation.
5.10.4.5.4 In areas where care and education
is provided floors shall be kept clean.
* Uncarpeted floors shall be swept daily, and
* Carpeted floors shall be vacuumed weekly.
5.10.4.5.5 Hard surfaces accessible to
children shall be smooth, non-porous, and easy to clean. See the rules in
section 5.2.6 of these regulations for a schedule for cleaning, disinfecting
and sanitizing specific surfaces and items.
5.10.4.5.6 Exterior stairs, walks, ramps and
porches shall be kept clear of ice and snow or other environmental hazards that
may accumulate.
5.10.4.5.7 The FCCP
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
size.
5.10.4.5.10 The FCCP shall
ensure that all art and play materials are non-toxic.
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 FCCP shall ensure that a fence is installed so that no child may gain
access without FCCP and/or 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 FCCP 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 FCCP 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 FCCP
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 FCCP
shall ensure that when children are using wading pools, the FCCP and/or 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 FCCP shall ensure that when
children are swimming or playing in in ground or above ground pools or natural
or manmade bodies of water, the FCCP shall ensure that the FCCP and/or 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 The FCCP shall
ensure that when children in care are swimming or playing in an in ground or
above ground pool or natural or manmade bodies of water, the FCCP shall ensure
that a lifeguard is present or shall maintain the following staff/child ratios:
* 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
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.
5.10.5.4.5 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.
5.10.5.4.6
Swimming/use of pools/bodies of water is prohibited during hours of
darkness.
5.10.5.4.7 Diving is
prohibited for enrolled children.
5.10.6 Transportation
5.10.6.1 Vehicle Safety
5.10.6.1.1 The FCCP shall ensure that any
vehicle used for transporting children shall be registered, inspected and
insured according to state law.
5.10.6.1.2 The FCCP shall ensure that any
vehicle 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 FCCP
shall ensure that any vehicle, not owned by the FCCH, 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 FCCH for 365 days.
5.10.6.1.4 The FCCP 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
The FCCP shall ensure that any vehicle used to transport
children is safe and in good repair.
5.10.6.5 Qualifications and Safe Practice of
Driver
5.10.6.5.1 The FCCP shall ensure that
the driver of any motor vehicle 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 FCCP
shall ensure that the driver obey all traffic laws.
5.10.6.5.3 The FCCP shall ensure that the
driver 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.
5.10.6.6 Safety
and Supervision of Transported Children
5.10.6.6.1 The FCCP shall ensure that written
permission is obtained from parents prior to providing transportation of
children. Parents will 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 FCCH 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 FCCH to release a child to a transportation service not under the authority
of the FCCH 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 of these regulations shall be maintained at all times
while children are being transported.
5.10.6.6.4 The FCCp 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 ratios
shall apply in addition to the driver.
5.10.6.6.5 The FCCP 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 what adult a child was released to if not the
FCCP;
* Recording the address a child was released to if not to an
authorized person or FCCP and/or staff; and
* A method for confirming that every child exits the vehicle
after each trip.
5.10.6.7 The FCCP shall ensure that when the
FCCH provides transportation, the maximum amount of time a child can be
transported to or from the child's home, the FCCH, or school shall not exceed
forty-five (45) minutes one (1) way.
5.10.7 Field Trips
5.10.7.1 The FCCP 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 (1) way. This written permission shall be
retained in each child's file.
5.10.7.2 The FCCP shall ensure that written
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
FCCP shall ensure that all staff/child ratios established in the rules in
section 6.2 of these regulations are maintained during field trips and walking
field trips.
5.10.7.6 Children
shall be physically and visually supervised by the FCCP and/or 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, the FCCP and 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 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.
Rule
5.11. Food and Nutrition.
5.11.1
Meals and Snacks
5.11.1.1 The FCCP 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 FCCP
shall ensure that individuals responsible for food preparation have knowledge
of nutritional requirements, sanitary food preparation, storage and clean-up
and adhere to the FCCH's policies related to food safety and food and
nutrition.
5.11.1.3 The FCCP 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 The FCCP shall
introduce 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 FCCP shall ensure that
children are minimally served the following meals and snacks based on the time
the children are present:
* Zero (0) to four (4) hours: 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 FCCP
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 the age of each child, as specified in Appendix C.
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 FCCP 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;
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 FCCP shall ensure that if food is
provided to the FCCH 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 The FCCP 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 on a monthly basis or as
the child's needs require.
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 If more than one (1) child in care
has bottles, all bottles shall be individually labeled with the infant's name
and refrigerated immediately after preparation by the FCCP and/or 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
Unused portions of formula or breast milk that was offered to the infant shall
be discarded after each feeding or after one (1) hour without refrigeration.
Open containers of ready-to-feed or concentrated formula shall be covered,
refrigerated, and discarded after forty-eight (48) hours if not used. Unused
expressed breast milk shall be discarded after forty-eight (48) hours if
refrigerated, after two (2) weeks if frozen.
5.11.6.9 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.
5.11.6.10 Foods for
infants shall be of a texture and consistency that promotes safe consumption
and reduces the risk of choking.
5.11.6.11 Baby food for each infant shall be
served from a dish unless the entire contents of the jar will be served 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.
5.11.6.12 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 in
Appendix C 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 FCCP shall ensure that special
or therapeutic diets are served by the FCCP and/or staff only upon written
instructions from the child's health care provider.
5.11.8.2 The FCCP 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
FCCP with written documentation from the child's health care provider
authorizing the modification.
5.11.8.3 The FCCP 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 the FCCP 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, the FCCP shall consistently accommodate special nutritional
requests and restrictions from parents. The FCCP and/or staff shall know and
accommodate children's food allergies.
FCCH SECTION 6
TEACHING AND LEARNING
Rule
6.1. Program of Developmental Activities (Curriculum).
6.1.1 The FCCP shall manage the programming
of educational and developmental activities to ensure curriculum is
developmentally appropriate as required in this section of these
regulations.
6.1.2 Outdoor Play
Opportunities
6.1.2.1 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 FCCH for at
least sixty (60) minutes each day. For programs that operate less than four (4)
hours per day, the FCCP shall ensure that children are provided at least thirty
(30) minutes of outside physical activity each day.
6.1.2.2 The FCCP shall be aware of extreme
weather conditions such as excessive heat and humidity, cold temperature
including wind chill factors, or poor air quality that could affect the
well-being or health of the children. Children shall not be allowed to play
outside during extreme weather conditions.
6.1.2.3 On any day when children are not able
to play outside, the FCCP shall provide opportunities for children participate
in at least thirty (30) minutes of moderate to vigorous physical activity
indoors.
6.1.2.4 The FCCP and/or
staff shall be interacting with children during outside play.
6.1.3 Schedules and Routines
6.1.3.1 The FCCP 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 licensed FCCP shall ensure that a
written schedule is developed 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.
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 indoors for staff.
6.1.4.2 Age Appropriate Experiences
6.1.4.2.1 The FCCP shall ensure that 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, seat is
limited to less than thirty (30) minutes in any two (2) hour period.
6.1.4.2.2 The FCCP shall ensure that children
under three (3) years of age are encouraged and supported to develop self care
skills and habits. The FCCP shall ensure that children three (3) years of age
to school age are encouraged and supported to develop and master independence
of self care skills and habits.
6.1.4.2.3 The FCCP shall ensure that children
are 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 FCCH and those persons in the surrounding
communities.
6.1.4.3.2 Materials
and experiences provided to the children shall reflect the diversity found in
society including gender, family composition, age, language, and
abilities.
6.1.4.3.3 The FCCP shall
consult with parents about care practices specific to their children's culture
and community and provide as much consistency as possible in FCCH practices for
each child.
6.1.4.4
Screen Time Limitations
6.1.4.4.1 Screen time
shall never be used as a planned activity 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
the FCCP and/or 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.
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 or 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 Age 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
twelve (12) 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 The licensed
FCCP and/or staff shall maintain a daily written record of the feeding,
sleeping, diapering, and developmental progress of all children under
twenty-four (24) months of age to be shared with parents at the end of
day.
6.1.5.1.3 Children under
twenty-four (24) months of age shall experience frequent positive interactions
with a consistent licensed FCCP and/or staff member 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 The
licensed FCCP and/or 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 shall experience frequent positive interaction with a consistent
licensed FCCP and/or staff member 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 and experiences and support to developmentally
appropriate pre-literacy and literacy skills;
* Materials and experiences to support to 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 The FCCP and/or 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.
6.1.5.3 School
Age Children
School age children shall experience positive interactions
with a consistent licensed FCCP and/or staff member 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;
* Experiences that promote social competence and cooperative
play;
* Encouragement to explore, experiment and initiate
activities;
* Developmentally appropriate independence;
* Time and space for socializatiory 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 The developmentally
appropriate system for observing, assessing and documenting each child's
learning and growth shall be implemented by the licensed FCCP.
6.1.6.2 The licensed FCCP's 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.
Rule 6.2. Building Healthy Relationships.
Capacity and Staffing: The capacity shall be determined by
the type of license held, the ages of the children living in or present at the
FCCH, the presence of one (1) or more Family Child Care Assistants, and the
amount of usable space for child care in the FCCH.
* Section 6.2.1 of these regulations refers exclusively to
capacity and staffing in a registered FCCH.
** Section 6.2.2 of these regulations refers exclusively to
capacity and staffing of a licensed FCCH.
*
6.2.1 Maximum Capacity and Staffing in a
registered FCCH
The registered FCCP shall ensure that the registered FCCH
shall not exceed the limits described in this section, including the charts
below.
*6.2.1.1 All children present
and unaccompanied by a parent at the registered FCCH shall be included in
determining compliance to rules in section 6.2 of these regulations.
*6.2.1.2 At no time shall the total number of
children in care exceed ten (10) during Option one (1): Year Round Care or
twelve (12) children for Option two (2): Summer Vacation.
*6.2.1.3 The registered FCCP's own children
under twenty-four (24) months residing in the home shall be counted in
considering the limit on children less than twenty-four (24) months and are not
counted in the overall limit on children when using rule 6.2.1.6 of these
regulations.
*6.2.1.4 The
registered FCCP shall be present and counted in ratio at least 60% of the hours
of operation.
*6.2.1.5 The
registered FCCP 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.
*
6.2.1.6 In Option one (1): Year Round Care,
described in the chart below, during summer school vacation a registered FCCP
may care for up to ten (10) children total without a second adult provided that
all school aged children have been in care prior to May 1st during the
preceding school year or are siblings of younger children enrolled in the
registered FCCH.
|
*Registered FCCH: Option one
(1): Year Round Care
|
|
Total Staff
|
Total Children
|
Age of Children
|
|
Under 24 months
|
2-5 years
|
School age
|
|
2
|
5-6
|
5-6
|
0
|
0
|
|
2
|
6-10
|
4
|
2
|
0-4
|
|
2
|
5-10
|
4
|
1
|
0-5
|
|
2
|
4-10
|
4
|
0
|
0-6
|
|
2
|
6-10
|
3
|
3
|
0-4
|
|
2
|
5-10
|
3
|
2
|
0-5
|
|
2
|
4-10
|
3
|
1
|
0-6
|
|
2
|
4-10
|
3
|
0
|
1-7
|
|
1
|
3
|
3
|
0
|
0
|
|
1
|
6-10
|
2
|
4
|
0-4
|
|
1
|
5-10
|
2
|
3
|
0-5
|
|
1
|
4-10
|
2
|
2
|
0-6
|
|
1
|
3-10
|
2
|
1
|
0-7
|
|
1
|
2-10
|
2
|
0
|
0-8
|
|
1
|
6-10
|
1
|
5
|
0-4
|
|
1
|
5-10
|
1
|
4
|
0-5
|
|
1
|
4-10
|
1
|
3
|
0-6
|
|
1
|
3-10
|
1
|
2
|
0-7
|
|
1
|
2-10
|
1
|
1
|
0-8
|
|
1
|
1-10
|
1
|
0
|
0-9
|
|
1
|
6-10
|
0
|
6
|
0-4
|
|
1
|
5-10
|
0
|
5
|
0-5
|
|
1
|
4-10
|
0
|
4
|
0-6
|
|
1
|
3-10
|
0
|
3
|
0-7
|
|
1
|
2-10
|
0
|
2
|
0-8
|
|
1
|
1-10
|
0
|
1
|
0-9
|
|
1
|
1-10
|
0
|
0
|
1-10
|
*6.2.1.7 In Option two (2): Summer Vacation,
described in the chart below, the registered FCCP shall use this chart when
providing care to their original six (6) children and up to an additional six
(6) school age children and/or when providing care to any school age children
over the original six (6) children that began care after May 1 of the current
year.
*
6.2.1.8 When using rule
6.2.1.7 of these regulations, the registered FCCP's children younger than
school age residing in the home shall be included in determining the total
number of children allowed in care, and the registered FCCP's own school age
children shall not be counted.
|
*Registered FCCH: Option 2:
Summer Vacation
|
|
Total Staff
|
Total Children
|
Age of Children
|
|
Under 24 months *
|
2-5 years
|
School age
|
|
1
|
5-6
|
2
|
2
|
1-2
|
|
1
|
4-6
|
2
|
1
|
1-3
|
|
1
|
3-6
|
2
|
0
|
1-4
|
|
1
|
6
|
1
|
4
|
1
|
|
1
|
5-6
|
1
|
3
|
1-2
|
|
1
|
4-6
|
1
|
2
|
1-3
|
|
1
|
3-6
|
1
|
1
|
1-4
|
|
1
|
2-6
|
1
|
0
|
1-5
|
|
1
|
6
|
0
|
5
|
1
|
|
1
|
5-6
|
0
|
4
|
1-2
|
|
1
|
4-6
|
0
|
3
|
1-3
|
|
1
|
3-6
|
0
|
2
|
1-4
|
|
1
|
2-6
|
0
|
1
|
1-5
|
|
1
|
1-6
|
0
|
0
|
1-6
|
|
2
|
7-12
|
2
|
4
|
1-6
|
|
2
|
7-12
|
2
|
3
|
2-7
|
|
2
|
7-12
|
2
|
2
|
3-8
|
|
2
|
7-12
|
2
|
1
|
4-9
|
|
2
|
7-12
|
2
|
0
|
5-10
|
|
2
|
7-12
|
1
|
5
|
1-6
|
|
2
|
7-12
|
1
|
4
|
2-7
|
|
2
|
7-12
|
1
|
3
|
3-8
|
|
2
|
7-12
|
1
|
2
|
4-9
|
|
2
|
7-12
|
1
|
1
|
5-10
|
|
2
|
7-12
|
1
|
0
|
6-11
|
|
2
|
7-12
|
0
|
0
|
7-12
|
|
2
|
7-12
|
0
|
6
|
1-6
|
|
2
|
7-12
|
0
|
5
|
2-7
|
|
2
|
7-12
|
0
|
4
|
3-8
|
|
2
|
7-12
|
0
|
3
|
4-9
|
|
2
|
7-12
|
0
|
2
|
5-10
|
|
2
|
7-12
|
0
|
1
|
6-11
|
**
6.2.2 Maximum Capacity and Staffing in a
licensed FCCH The licensed FCCP shall ensure that the Licensed FCCH shall meet
the limits described in this section, including the chart.
**6.2.2.1 All children present and
unaccompanied by a parent at the licensed FCCH, including the licensed FCCP's
own children residing in the home and children of a Family Child Care Assistant
younger than school age, shall be included in determining the capacity of the
program at any one time.
**6.2.2.2
The number of children served by the licensed FCCH at any one (1) time shall
not exceed the maximum capacity allowed written on the license
certificate.
**6.2.2.3 The licensed
FCCP must be present and counted in ratio at least 60% of the hours of
operation. The licensed FCCP shall be responsible for the program, and actively
engaged in providing child care and education services when counted in
child/staff ratios.
**
6.2.2.4 The
licensed FCCP 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.
|
**Licensed FCCH: Capacity with three (3)
staff
|
|
Ages of Children
|
Total children
|
|
Under 24 months
|
2 years
|
3-12 years
|
|
6
|
6
|
0
|
12
|
|
6
|
5
|
0-1
|
11-12
|
|
6
|
4
|
0-2
|
10-12
|
|
6
|
3
|
0-3
|
9-12
|
|
6
|
2
|
0-4
|
8-12
|
|
6
|
1
|
0-5
|
7-12
|
|
5
|
6
|
0-1
|
11-12
|
|
5
|
5
|
0-2
|
10-12
|
|
5
|
4
|
0-3
|
9-12
|
|
5
|
3
|
0-4
|
8-12
|
|
5
|
2
|
0-5
|
7-12
|
|
5
|
1
|
1-6
|
7-12
|
|
4
|
8
|
0
|
12
|
|
4
|
7
|
0-1
|
11-12
|
|
4
|
6
|
0-2
|
10-12
|
|
3
|
9
|
0
|
12
|
|
3
|
8
|
0-1
|
11-12
|
|
3
|
7
|
0-2
|
10-12
|
|
2
|
10
|
0
|
12
|
|
2
|
9
|
0-1
|
11-12
|
|
2
|
8
|
0-2
|
10-12
|
|
1
|
11
|
0
|
12
|
|
1
|
10
|
0-1
|
11-12
|
|
1
|
9
|
0-2
|
10-12
|
|
0
|
12
|
0
|
12
|
|
0
|
11
|
0-1
|
11-12
|
|
0
|
10
|
0-2
|
10-12
|
|
**Licensed FCCH: Capacity with two (2)
staff
|
|
Ages of Children
|
Total children
|
|
Under 24 months
|
2 years
|
3-12 years
|
|
6
|
0
|
0
|
6
|
|
5
|
1
|
0
|
6
|
|
5
|
0
|
0
|
5
|
|
4
|
5
|
0-3
|
9-12
|
|
4
|
4
|
0-4
|
8-12
|
|
4
|
3
|
0-5
|
7-12
|
|
4
|
2
|
0-6
|
6-12
|
|
4
|
1
|
0-7
|
5-12
|
|
4
|
0
|
0-8
|
4-12
|
|
3
|
6
|
0-3
|
9-12
|
|
3
|
5
|
0-4
|
8-12
|
|
3
|
4
|
0-5
|
7-12
|
|
3
|
3
|
0-6
|
6-12
|
|
3
|
2
|
0-7
|
5-12
|
|
3
|
1
|
0-8
|
4-12
|
|
3
|
0
|
1-9
|
4-12
|
|
2
|
7
|
0-3
|
9-12
|
|
2
|
6
|
0-4
|
8-12
|
|
2
|
5
|
0-5
|
7-12
|
|
2
|
4
|
1-6
|
7-12
|
|
2
|
3
|
2-7
|
7-12
|
|
2
|
2
|
3-8
|
7-12
|
|
2
|
1
|
4-9
|
7-12
|
|
2
|
0
|
5-10
|
7-12
|
|
1
|
8
|
0-3
|
9-12
|
|
1
|
7
|
0-4
|
8-12
|
|
1
|
6
|
0-5
|
7-12
|
|
1
|
5
|
1-6
|
7-12
|
|
1
|
4
|
2-7
|
7-12
|
|
1
|
3
|
3-8
|
7-12
|
|
1
|
2
|
4-9
|
7-12
|
|
1
|
1
|
5-10
|
7-12
|
|
1
|
0
|
6-11
|
7-12
|
|
0
|
9
|
0-3
|
9-12
|
|
0
|
8
|
0-4
|
8-12
|
|
0
|
7
|
0-5
|
7-12
|
|
0
|
6
|
1-6
|
7-12
|
|
0
|
5
|
2-7
|
7-12
|
|
0
|
4
|
3-8
|
7-12
|
|
0
|
3
|
4-9
|
7-12
|
|
0
|
2
|
5-10
|
7-12
|
|
0
|
1
|
6-11
|
7-12
|
|
0
|
0
|
9-12
|
9-12
|
|
**Licensed FCCH: Capacity with one (1)
staff
|
|
Ages of Children
|
Total children
|
|
Under 24 months
|
2 years
|
3-12 years
|
|
3
|
0
|
0
|
3
|
|
2
|
4
|
0
|
6
|
|
2
|
3
|
0-1
|
5-6
|
|
2
|
2
|
0-2
|
4-6
|
|
2
|
1
|
0-3
|
3-6
|
|
2
|
0
|
0-4
|
2-6
|
|
1
|
5
|
0
|
6
|
|
1
|
4
|
0-1
|
5-6
|
|
1
|
3
|
0-2
|
4-6
|
|
1
|
2
|
0-3
|
3-6
|
|
1
|
1
|
0-4
|
2-6
|
|
1
|
0
|
0-5
|
1-6
|
|
0
|
6
|
0
|
6
|
|
0
|
5
|
0-1
|
5-6
|
|
0
|
4
|
0-2
|
4-6
|
|
0
|
3
|
0-3
|
3-6
|
|
0
|
2
|
0-4
|
2-6
|
|
0
|
1
|
0-5
|
1-6
|
|
0
|
0
|
1-8
|
1-8
|
**6.2.2.5 The FCCP shall ensure safe care and
education of children occurs when one (1) or more trainee is working in the
FCCH with children.
**6.2.2.6
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.
**6.2.2.7 Partner staff shall not be left
alone with children and shall not count in staff/child ratios at the
FCCH.
**6.2.2.8 The FCCP, Family
Child Care Assistant, or substitute shall be present in the FCCH and actively
working with children when a trainee is present. The trainee shall not be
counted in staff/child ratios.
**6.2.2.9 The FCCP shall ensure trainees
seventeen (17) years of age are never left alone with children in the FCCH.
Trainees eighteen (18) years of age may be left alone with children in the FCCH
provided that the FCCP, Family Child Care Assistant, or substitute is present
in the FCCH.
6.2.3 Quality
of Interactions
6.2.3.1 Each child shall be
treated with consideration and respect with equal opportunities to take part in
all developmentally appropriate activities.
6.2.3.2 The FCCP and/or staff shall
appropriately hold, touch, smile and talk to children.
6.2.3.3 The FCCP and/or staff shall speak
clearly to children at their eye level.
6.2.3.4 The FCCP and/or staff shall be
available and responsive to children, encouraging them to share experiences,
ideas, and feelings.
6.2.3.5 The
FCCP or at least one (1) staff member shall sit with children during meals and
snacks.
6.2.3.6 The FCCP and/or
staff shall listen to children with attention and respect.
6.2.3.7 Children shall be attended to when
they cry.
6.2.3.8 Nurturing
activities performed by the FCCP and/or 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.
6.2.3.9 Nurturing activities performed by the
FCCP and/or 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.
6.2.3.10 The FCCP and/or staff's voices shall
not dominate the overall sound of the group.
6.2.4 Supervision of Children
The FCCP and/or staff shall ensure visual supervision of
children except as allowed in rules 6.2.4.1 -6.2.4.4 of these
regulations.
6.2.4.1 The FCCP and/or
staff may need to step away from the children to meet basic care needs
throughout the day. This shall be time limited; and the FCCP and/or staff shall
be able to hear all children of pre-kindergarten age and younger at all times;
and shall be able to physically respond immediately.
6.2.4.2 The FCCP and/or staff shall know the
whereabouts and activities of all school age children at all times and shall be
able to physically respond immediately.
6.2.4.3 When children are sleeping or
resting, the FCCP and/or staff shall be positioned to allow for visual
supervision of the children. If all of the children cannot be seen at one (1)
time, the FCCP and/or staff shall visually observe all children at least every
fifteen (15) minutes.
6.2.4.4 When
children are outside playing the FCCP and/or staff shall be outside supervising
the children. If due to the mixed ages of the children and the need to step
away to meet basic care needs of children the FCCP and/or staff may supervise
the school age children from inside the home provided that the children can be
seen from inside and the outside play area is fenced to prevent the children
from leaving the play area. Children younger than school age shall not play
outside without the FCCP and/or staff person present at any time.
6.2.4.5 When children are eating, the FCCP
and/or 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.
6.2.4.6 Children
shall be protected from harmful acts of other children.
6.2.4.7 The FCCP 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).
6.2.5 Positive Guidance and Behavior
Management
6.2.5.1 The FCCP 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.
6.2.5.2 The FCCP and/or
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.
6.2.5.3 The FCCP and/or
staff shall use positive methods of guidance and behavior management that
encourage self-control, self-direction, self-esteem and cooperation.
6.2.5.4 No form of inappropriate discipline
or corporal punishment shall be used with children such as but not limited to:
6.2.5.4.1 Hitting, shaking, biting,
pinching;
6.2.5.4.2 Restricting a
child's movements through binding, tying, or use of any other mechanical
restraint;
6.2.5.4.3 Withholding of
food, water, or toilet use;
6.2.5.4.4 Confining a child in an enclosed or
darkened area, such as a closet or a locked room;
6.2.5.4.5 Inflecting mental or emotional
punishment such humiliating, shaming, threatening, or frightening a child;
or
6.2.5.4.6 Making disparaging
remarks regarding a child or his/her family.
6.2.5.5 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.
6.2.5.6 Profanity and
obscene language shall not be used in the FCCH while children are
present.
6.2.5.7 The FCCP 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.
6.2.6 Transitions
6.2.6.1 The FCCP shall support continuity of
care and education. In the event that a child's continued enrollment is at risk
the following shall apply:
6.2.6.1.1 The FCCP
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.
6.2.6.1.2
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.
6.2.6.1.3 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
FCCP shall retain documentation that the file was provided to the
parent.
6.2.6.2 The FCCP
and/or staff shall work with parents to create and utilize a positive
transition plan when admitting a new child into the FCCH. This should involve
such procedures as the exchange of pertinent information concerning the child
and phased-entry to the programs.
6.2.6.3 The licensed FCCP and/or staff shall
create and utilize a positive transition plan with the introduction of a new
staff member and shall ensure that parents are notified.
Rule 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
voluntarily provides, for a child with an identified disability, copies of the
child's Individual Education Plan (IEP), Children's Integrated Services (CIS)
One Plan, or the equivalent; the FCCP 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 to reach the goals described in the child's IEP, CIS
One Plan, or the equivalent.
6.3.4
The FCCP and/or 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.
SECTION 7 PROGRAM PERSONNEL/STAFFING
Rule 7.1. General Requirements for the FCCP
and Staff.
7.1.1 Health Requirements
7.1.1.1 The FCCP, staff, and partner staff
shall be healthy and physically able to perform their caregiving
responsibilities. The FCCP, 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 The FCCP, 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).
7.1.2 First Aid and CPR
7.1.2.1 The FCCP shall have successfully
completed pediatric first aid and CPR prior to being licensed and must remain
currently certified.
7.1.2.2 The
FCCP shall ensure that at least one (1) responsible adult who has successfully
completed and is currently certified in pediatric first aid and infant and
child CPR is on the premises at all times children are present.
7.1.2.3 The licensed FCCP shall ensure that
staff who are counted in the staff/child ratios shall obtain training in
pediatric first aid and infant and child CPR within six (6) months of beginning
work in the licensed FCCH and remain currently certified.
7.1.3 Orientation of FCCP and New Staff
The FCCP shall complete an orientation training session
approved by the Division prior to beginning care for children. The FCCP shall
ensure staff complete an orientation training session approved by the Division
prior to being left alone with children. Trainees shall complete the
orientation training within one (1) month of their first date of working with
children. 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, trainees, and partner staff;
* Responsibility to comply with current applicable licensing
regulations;
* Background check requirements to include changes in
situations, restrictions, and exceptions for those prohibited by these
regulations;
* Staffing requirements to include opening and closing;
and
* Assuring children have extra clothes and diapers
available.
7.1.4 The FCCP
shall read and have ready access to the current applicable licensing
regulations. Also, the FCCP shall ensure staff has read, have ready access to,
and have had an opportunity to seek clarity as needed about the current
applicable licensing regulations.
Rule 7.2. Background Checks and Appropriate
Clearances.
7.2.1 The FCCP shall ensure that
all new staff, and any new individual with unsupervised access to children in
the FCCH submits 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.
7.2.2 The FCCP shall
submit a Records Check Authorization form to the Division for any new
individuals, sixteen (16) years of age or older, residing in the FCCH or
present more than five (5) times in 365 days during the FCCH's hours of
operation as required in the rule 2.3.7.2 of these regulations.
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
FCCP 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, reside at, be employed at, or be allowed
unsupervised access to children at a FCCH:
* 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 FCCP 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 FCCP shall exclude persons whose background check has
determined them as prohibited which includes but is not limited to employment
at the FCCH or from being regularly present at the FCCH.
7.2.8.5 Only persons prohibited under rule
7.2.6 of these regulations or under rule 7.2.7 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; or
* Other information known to the Department.
The individual may reside at, be employed at, or be regularly
present in a FCCH only when the FCCP and the person involved, have obtained a
written variance from the Commissioner, or designee. The FCCP 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
FCCP and the involved person.
Rule 7.3. Qualifications and Experience.
7.3.1 The licensed FCCP that operates a
licensed FCCH shall ensure and maintain documentation that he/she is at least
eighteen (18) years of age, is a high school graduate or has completed a GED,
and meets or exceeds one (1) of the following qualifications prior to licensure
or within twelve (12) months of initial licensure:
* At least a Vermont Early Childhood Career Ladder Level One
(1) Certificate or higher; or
* At least successful completion of the Fundamentals for
Early Childhood Professionals' course; or
* At least a current CEA (Child Development Association
Credential) from the National Council for Professional Recognition); or
* At least a Child Care Certificate from Community College of
Vermont; or
* At least successful completion of twelve (12) college
credits in content consistent with the core knowledge areas identified by
NLCDC.
7.3.2 The licensed
FCCP that operates a licensed FCCH shall ensure and maintain documentation that
he/she is at least eighteen (18) years of age, is a high school graduate or has
completed a GED and meets or exceeds one (1) of the following qualifications:
* At least a Vermont Early Childhood Career Ladder Level Two
(2) or Level Three (3) A Certificate; or
* At least a current CDA (Child Development Associate
Credential) from the National Council for Professional Recognition and twelve
(12) months experience working with groups of children grade three (3) or
younger; or
* At least a Child Care Certificate from Community College of
Vermont and twelve (12) months experience working with groups of children grade
three (3) or younger; or
* At least a Certificate of Completion from the Vermont
Registered Child Care Apprenticeship Program; or
* At least successful completion of twelve (12) college
credits in content consistent with the core knowledge areas identified by
Northern Lights Career Development Center (NLCDC) and twelve (12) months
experience working with groups of children grade three (3) or
younger.
7.3.3 Family Child
Care Assistant
The FCCP shall ensure and maintain documentation that each
Family Child Care Assistant is eighteen (18) years of age and meets or exceeds
one (1) of the following qualifications:
-- At least is a high school graduate or has completed a GED
and the Fundamentals for Early Childhood Professionals' course within the first
twelve (12) months of employment; or
* At least is a high school graduate or has completed a GED
and has successfully completed at least three (3) college credits in content
consistent with the core knowledge areas identified by NLCDC within the first
twelve (12) months of employment; or
* At least is enrolled in or is a high school graduate and
graduate from a State Board of Education approved Human Services Certificate
Program that emphasizes child development or early childhood
education.
7.3.4 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 credits in content consistent with
the core knowledge areas identified by NLCDC within the first twelve (12)
months of employment.
7.3.5
Trainee
The FCCP shall ensure and maintain documentation that a
trainee is able to comprehend basic written format, and meets one (1) of the
following qualifications:
* Is seventeen (17) years of age and enrolled in a State
Board of Education approved Human Services Certificate Program that emphasizes
child development or early childhood education;
* Is seventeen (17) years of age and a graduate from a State
Board of Education approved Human Services Certificate Program that emphasizes
child development or early childhood education; or
* Is eighteen (18) years of age and enrolled in a State Board
of Education approved Human Services Certificate Program that emphasizes child
development or early childhood education.
7.3.6 Substitute
A substitute is at least eighteen (18) years of age, is able
to comprehend basic written format, and is a high school graduate or has
completed a GED.
Rule
7.4. Annual Professional Development.
7.4.1 The FCCP shall ensure that within six
(6) months of starting work in the FCCH, the FCCP and/or staff 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.
7.4.2 The FCCP and 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 NLCDC 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,
with the exception of substitutes, shall complete fifteen (15) clock hours of
annual professional development activities as required in the rule 7.4.2 of
these regulations.
7.4.5 The FCCP
and/or staff who hold a current Vermont Agency of Education teaching license
with an endorsement in Early Childhood Education, Early Childhood Special
Education, or Elementary Education shall use their current teaching license as
documented verification of completing professional development requirements in
the rule 7.4.3 of these regulations. This current teaching 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 teaching license with an endorsement in
Early Childhood Education, Early Childhood Special Education, or Elementary
Education shall use their current teaching license as documented verification
of completing the IPDP requirement in the rule 7.4.1 of these regulations. This
current teaching 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.
Rule
7.5. Personnel Policies and Procedures.
7.5.1 The licensed FCCP shall obtain written
documentation that staff have received and fully understand the licensed FCCH
program philosophy and all written licensed FCCH policies and procedures as
required in section 4.7 of these regulations.
7.5.2 The licensed FCCP shall ensure that
staff have a written job description in their personnel file that outlines the
job title, the job duties, and identifies the staff member responsible for
supervision. The licensed FCCP shall ensure that job descriptions for staff
also include the identity of the staff member responsible for evaluating the
position.
7.5.3 Licensed FCCH staff
shall receive a written annual performance review from his/her
supervisor.
7.5.4 The licensed FCCP
shall establish and implement a system of communication among staff to ensure
that any staff member working with a child(ren) is informed of significant
information related to the care and education of the child(ren).
Rule 7.6. Use of Substitutes.
7.6.1 The FCCP shall comply with background
checks for all substitutes as required in the rule 3.1.7, and in the rules in
section 7.2.1 and in section 7.2.2 of these regulations.
7.6.2 The FCCP shall ensure all substitutes
comply with legal mandates regarding child abuse and neglect in the rules in
section 3.2 of these regulations.
7.6.3 The licensed FCCP shall maintain a
personnel file for all substitutes as required in the rule 3.3.5.1 of these
regulations.
7.6.4 Substitutes
shall maintain confidentiality as required in the rule 3.7 of these
regulations.
7.6.5 Substitutes
shall be healthy and physically able to perform their caregiving
responsibilities. Substitutes 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.
7.6.6 Substitutes shall follow the exclusion
policies as set forth in the Signs and Symptoms Illness Chart related to
contagious illness (See Appendix A).
7.6.7 The licensed FCCP shall ensure
substitutes obtain training in pediatric first aid and infant and child CPR as
required in the rule 7.1.2.3 of these regulations.
7.6.8 The FCCP shall ensure that substitutes
spending time in the program are oriented to the program and practices of the
FCCH. Substitutes are exempt from the rule 7.1.3 of these
regulations.
7.6.9 The FCCP shall
ensure that substitutes have read and have ready access to a current copy of
applicable licensing regulations.
7.6.10 The licensed FCCP shall ensure that
substitutes has a written job description in his/her file that outlines the job
title, the job duties, and identifies the staff member responsible for
supervising the substitute.
7.6.11
The FCCP shall ensure that substitutes are included in the information system
of communication among staff as required in the rule 7.5.6 of these
regulations.
7.6.12 When a
substitute fills a position for thirty (30) or more 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 as a full
staff person subject to all requirements for staff in these
regulations.
Rule 7.7.
Use of Volunteers.
7.7.1 All volunteers shall
maintain confidentiality as required in the rule 3.7 of these
regulations.
7.7.2 The FCCP 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 FCCH; with the exception of
a parent may be left alone with his/her own child(ren).
7.7.3 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 FCCP shall maintain a written
record of the schedule for at least 365 days of all volunteers, including their
name and exact days and hours present at the FCCH.
7.7.5 The FCCP shall ensure that volunteers,
who are not a parent of a child enrolled in the FCCH, and is present more than
five (5) times in 365 days the following conditions apply:
7.7.5.1 The FCCP shall comply with background
checks for these volunteers as in the rule 7.2.2 of these
regulations.
7.7.5.2 The FCCP shall
ensure these volunteers comply with legal mandates regarding child abuse and
neglect in the rules in section 3.2 of these regulations.
7.7.5.3 The FCCP shall ensure that volunteers
spending time in the program are oriented to the program and practices of the
FCCH.
7.7.5.4 A licensed FCCP shall
maintain a complete and up-to-date file for volunteers at the licensed FCCH. 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
if one is required; and
A written description of his/her role that outlines the job
title, and the job duties.
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 individuals'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 Infectious Diseases in Child Care and Schools: A Quick Reference
Guide, 2nd Edition, American Academy of Pediatrics, Susan S. Aronson MD FAAP
(Editor), Timothy R. Shope MD MPH FAAP (Editor).
|
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 long term 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 ringshaped 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: meningococcus,
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)
