ED 237 219
PS 0la74771_,-
DOCUMENT RESUME
TITLE
CoMparative Licensing Study: Profiles of State Day
Care Licensing Requirements. Day Care Centers. Volume
2: Indiana - Nebraska. Revised Edition 19$1
INSTITUTION
Johnson (Lawrence) and Associates, Inc.., Washington,
D.C.
SPONS AGENCY
Administration
for')Children,
Youth
and Families
(DHHS), Washington, D.C.
PUB DATE
Noy 52
NOTE
,
65p,; For related documents, see PS 01
PUB TYPE
Lagal/Lagislative Rpgulatory Materials.
EDRS PRICE
MF03/PC27 Plus Postage,
DESCRIPTORS
Activities; *Certification; Child CaregiVers;,
Comparative Analysis; *Day Care Centers;
Disabilities; Early Childhood. Education; Facility--
Requkrements; *Federal Regulationv Food serOce;
Health; *Local Legislation; National SurveySv
Nutrition; Parent Participation; Professional
Personnel; Safety; *State Legislation; Student
Teacher Ratio
IDENTIFIERS
District of Columbia; Guam; Puerto RiCo; United
States; Virgin Islands
970 75.
090)
ABSTRACT
Updating the Administration for Children, Youth and
Families' .1978 "Comparative Licensing Study," a study was ssconducted
to provide a common framework for assessing state activities in
critical child care li- censing areas and to record the status bl child
=care licensing_ as of March 1981 in the 50 states, the District of
Columbia, Guam, Puerto Rico, and the Virgin islands. The updated,
six-volume comparative licensing study improves the format of
A
the.
original
e.g.,
e
gives greater prominence to group sizand infant
care) and contains'datailed information on state laws and regulationS
dealing with family child care homes, .group child care homes,,and.day
care centers. The. format consists' of the following categoriesl '(1)
state licensing of child day-.care facilities; (2) licensing process
and enforcement procedurel; (3) administration; (4) grouP
compositions of children; (5) staff qualifications and training
-requirements;
(6) program of activities, including education; (7)
health and safety; (8) nutrition and food services;
(9) social
services; '(10) parent participation; (11) infants and, toddlers; (12)
children with handicapping conditions; (13) school age children; (14)
facility requirements; and (15) other state requirements
compliance
with other local, state, and regional laws and regulations. Volume 2
i
profiles requirements of day care centers in Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, Montana, and Nebraska. In some
profiles, some categories are not detailed. (RH)
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*
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Reproductions supplied by EDRS are the best that can be made
from the original document.
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US, DEPAATNIENT OF EDUCATION
NATIONAL INSTITUTE OF EDUCATION
EDUCATIONAL-RESOURCES INFORMATION
CENTER (ERIC)
This docofnedt has been rdorodifood
roshived from Ihr3 pOr50,1 at organizalion
originating It
JC
to imprnvn
repirred' L''taio"ngur:frahlaie've "" ".""
COMPARATI
inem do nof neceLsarilv reoreeent official NIE
p
ona etated.n
paalon or policy
ICENSING STUDY
Profiles of State Day Care Licensing Requirements
DAY CARE CENTERS
Revised Edition 1981
Volume
Indiana - Nebraska
produced for
Dr. Raymond C. Collins
Government Project Officer
The Office of Program Development
Office of Developmental Services
Administration for Children, Youth and Families
Office of Human Development Services
U.S. Department of Health and Human Services
Lawrence Johnson & Associates, Inc.
4545 42nd Street, N.W.
Washington, D.C. 20016
November, 1882
DAY CARE. CENTERS
(Day Nurseries)
INDIANA
Except where
otherwise
noted,
all
citations
are, from
the
Rules
and
Regulations of the Indiana Department of Public Welfare, Title 3
Child
Welfare Services, Chapter 4 - Licensing Day Nurseries, October 18, 1979.
100. STATE I CENSINC OF CHELD DAY CARE FACILITIES
110.
TYPES OF FACILITIES SUBJECT TO LICENSURE AS DEFINED BY
STATE STATUTES AND REGULATIONS AND/OR LOCAL ORDINANCES AND
REGULATIONS
111.
Definitions
Regulation 3-401
Day Nursery, Definition.
A day nursery
is defined as any institution operated for the purpose of
providing care and maintenance for children separated from their parents or
guardian or person in loco parentis during a part of the twenty-four hour day
for two or more consecutive weeks 'excepting a school or other bona fide
educational institution.
112.
Exclusions and Exem itions
IND. CODE ANN. §12-32-12.7 Day nursery operated by religious organization;
exemptions; registration; fees; inspection; notice to parents.
---
A day nursery that
is operated by a religious organization or
religious
organizations exempt frbm federal income taxation under Section 501 of the
Internal Revenue Code, is exempt from licensing and the rules adopted under
this chapter.
113.
11115 Day Care Compliance
Not specified
DAY CARE CENTERS
.ir(Day Nurseries)
INDIANA
120.
AGENCY RESPONSIBLE FOR LICENSING OF DAY CARE PROGRAMS
12L
Cr=ani zation of he Ad- inistrative Unit.
STATE DEPARTMENT
OF PUBLIC WELFA
DIVISION OF CHILD
WELFARE/SOCIAL SERVICE
LICENSING UNIT
In Indiana, all licenses are issued and revoked at the state central office level.
The day to day licensing functions are carried out by state central office staff
f or day care centers and by county staff for family day careAlomes. The state
central office monitors the counties in this function and provides consultation
to them.
DAY CARE CENTERS
(Day NurSerieS).
122.
Responsible 01
All inquiries should be
Administrator,
Public Welfare
100 N. Senate
Indianapolis,
(317) 232-4703
200. LICENSE
210.
C NSING PROCESS
211.
Promulgation of -Regulations
INDIANA
SS- AND ENFORCEMENT PROCEDURES
IND. CODE ANN. §12-3-2-I2 :43-1316) Development of standards of child care
- Rules and regulations - Cooperation with child welfare agencies.'
The
state
department
public
welfare
shall
be, . responsible
for
the
development of adequate standards of child care, and after consultation with
the state board of health and state fire marshal shall make, prescribe and
publish such rules and regulations governing child welfare agencies and
boarding-homes, as shall be deemed necessary or advisable to protect the best
interests of children under eighteen (18) years of age, and to carry out the
purpose of this chapter after such rules and regulations are approved and
adopted according to law. In order to improve standards of child care, the
state department of public welfare shall also cooperate with the governing
bodies of child welfare agencies and institutions and assist, the staffs thereof
through advice on progressive methods and procedures and suggestions for the
improvement of services.
212.
Advlisory Body and oniLcommtEIity_ Participation
Not specified
DAY CARE CENTERS
(Day Nurseries)
220.
LICENSING PROCEDURE
221.
Application and Issuance
INDIANA
IND. CODE ANN. §.123-2-6 (42-1310) License; issurariee.
The state department.of public welfare shall have the power to grant a liceise
for one (1) year for the conduct of any boarding-home for children, day
nursery, children's -home or child-caring institution or child-placing agency
believes is needed and is for the public good, that his adequate
equipme
for the work and that is conducted by 'a reputable respon_sible
person or organization.
IND. CODE ANN. §12-3-2-8 (42-1312)
Conditions to granting license.
No such license shall be issued unless the premises of the boarding-home, day
nursery or children's home is ini"a fit sanitary' condition and the application for
license has been approved by the-state board of health.
IRegulation 3-402 - Applicati'on for License/Application.
(
Application for a license to operate a day nursery shall be submitted to the
Indiana State Department of Public Welfare on the forms provided for that
purpose by the Stake Department.
222.
Fee Char
Not specified
223.
Areas of Investigation
Not specified
224.
License Renewal
Regulation 3-402 - Application for License /Renewal.
An application for a renewal license shall be submitted annually.
DAY CARE CENTERS
INDIANA
(Day Nurseries)
225.
6onditional/P -ov
onal Licenses
IND. CODE ANN.. §12-3-2-7 (42-1311)
Provisional license.
A provisional license may be (issued to any boarding-home, day nursery,
children's home or child-placing agency whose services are needed, but which
is temporarily unable to conform to all. rules and regulations of the state
department of public welfare. A provisional license may not be reissued for
more than one (I) consecutive year
226.
Substantial Compliance
Regulation 3-456 - Exceptions and Variances.
The State Department within its own right, or ypon the recommendation of the
State. Board of Health, State Fire Marshal or Administrative Bui:ling Council
where health or safety rules are concerned, shall have the authority to grant
an exception or variance to the provisions of these rules and regulations upon
application in writing to the State Department by the director of a nursery.
Such application will be considered only when there are practical difficulties
which preclude carry_ ing out the strict letter of these rules and regulations,
and when there is substantial or equivalent compliance with them; and when
such exception or variance in no way would create or perpetuate a condition or
situation hazardous to the safety or well-being of a child. The nature of any
exception or variance granted shall be described upon the face of the license
issued to the nursery and also upon the record of the State Department as the
licensing agency, and upon the record of the other state agency(ies) which
recommended the granting of the exception or variance.
DAY CARE CENTERS
(Day Nurseries)
230.
ENFORCEMENTPROCED1JRES
231.
Facility Inspections
INDIANA
IND. CODE ANN. §12-3-211 (42 -1315) Inspection and supervision.-'
The 'state department of public welfare' and state board of health shall
annually and may at any time, visit and inspect or designate a person to visit
and inspect the premises so licenSed. The State Department of Public Welfare
shall have the authority at any time to investigate and examine into the
conditions of any home or other place in which a licensee receives and
maintains or places out children and shall have the authority at any time to
examine and investigate the books and records of any license. The state board
of health shall visit or designate a person to visit any licensee to advise on
matters affecting the health of children, such as diet and medical care, and to
_.-
inspect the sanitation of the buildings used for their care.
A county, city or town may employ a person or persons- to assist the state
department bf public welfare or state board of health in performing inspection
and investigation functions under subsection (a). Whenever requested by the
county, city, or town, the state department of public welfare or the state
board of health shall designate persons employed under this subsection to
assist them.
232.
Denial Sus-ension Revocation of a License
IND. CODE ANN. §12 -3 °210',,(43 -1314) Revocation of license.
The state department of public welfare may revoke such license in its
discretion and shall note such revocation upon the face of the record thereof.
It shall give written notice of §uch revocation to the licensee by delivering of
notice to him in person or by leaving it on the licensed premises.
DAY CARE CENTERS
Way Nurseries)
1
Regulation 3-404
Automatic Termination of License.
INDIANA
A day nursery license is automatically terminated and a new application is
.required whenever there is a change in the name of the licensee, the type of
facility, the location of the day nursery, or when the number of children to be
cared for at any one time is more than the number for whom the license is
granted, or when the children to be cared for at any one time includes a child
or children beneath the age of two (2) years unless a special license is held by
the licensee to provide infant carer or when the day nursery discontinues its
service.
233.
Remedies and Sanctions
233.1
Hearin
IN D. CODE ANN. §12-3-2-13 (42-1317) Appeals.
Any person; firm, corporation or association whose license has been refused op
revoked may appeal from the action of the state department of public welfare
to the circuit or superior court of the county in which the residence or
principal office is located; and shall give a good and satisfactory bond, in en
amount to the fixed by the court, conditioned to pay all'costs of such appeal
should the appeal be determined against him.
233.2 Decisions
Not specified
233.3 Judicial Rev'
IND. CODE ANN. §12-3-2-15 (42-1319) Penalty for violatic
Any person who violates this chapter commits a Class B
DAY CARE CENTERS
INDIANA
(Day Nurseries)
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
11.
General Administrative Requirements
Regulation 3-403 - ,Reporting Changes and Events.
It shall be the responsibility of each day nursery to report promptly to the
State DcpErtment,the following changes or events.
Change in the name of licensee;
Change in the type of facility;
Change in the location of the day nursery prior to relocation;
Change in the number of children to be cared for to exceed the number_
.authorized in the license prior to the. acceptance of such additional
chlldren;
Change in the ages of children
to be cared for, when such change
includes -care for children beneath the age of two (2) years if the
licensee does not hold a special license to provide infant care, prior to
the acceptance of a child or children beneath the a.e.of two (2) years;
The fact of discontinuing day nursery service and the effective date of
such discontnuance;
Major alterations or changes in housing or in use of rooms
malting suA alterations or changes;
Employment of a new operator or head teacher;
prior
Major changes in the services offered,
in the schedule of operating
hours prior to making such changes;
it,
DAY CARE CENTERS
(Day Nurseries)
Changes in the schedule of fe
Any damage caused by
nursery;
INDIANA
which occurs on the premises of the day
The serious injury or the death of -any'
occurred while the
child was on the premises'of the day nursery Or while in the dare of the
day nursery personnel.
Regulation 3-405 - Ope1ation Responsibility of the'Director.
The director shall be responsible for the operation of the day nursery at all
times. During necessary absence of the director, a responsible staff member
shall be designated to be in charge.
No day nursery shall operate at any time without a responsible- erson age
wenty-one (21) years or over present on the premises of the nursery.
No director shall permit other employment or activities, within or away from
the day nursery, to interfere with the efficient and proper operation of the day
nursery..
Regulation 3-425 7 Termination of Service.
An age for termination of service shall be established for the day nursery, and
advance plans for termination made and carried out individually for each child.
312.
Telephone
Regulation 3-448.- Office-And Staff Rooms.
Telephone service shall be provided.
DAY CARE CENTERS
(Day Nurseries)
proof of Operator Financial Ca b
INDIANA
Regulation 3-406 - Financing and Accounting/Financial Resources.
The day nursery shall have sufficient funds at all times to assure continuous
-operation in accordance with these rules and regLilations. A new day nurseer
shall have sufficient assured, funds to Carry through at least two months
operation with only limited dependence on fees.
Budget
An annual budget shall be 'prepared in detail 'showing income
me according to
sources, and expenditures classified
according
to, safari -es, services and
supplies, food, fixed expenses, repairs, and replacements of furnishings and
equipment.'
Financial Records and Reports
wss
,
An appropriate and adequate bookkeeping system shall be maintained and
made available for examination by the State Department at any time upon
request.
udit of Accounts
Any day nursery which_ solicits funds from the public, receives tax funds,
obtains any support from a Community Chest,. United Fund, or any other'
orgardzation to which the public subscribes, or from a church or fraternal
group, shall have an annual audit of all 'accounts by a certified public
accountant who is not associated with the day. nursery. Such audit shall be
made available to the State Department upon request.
The treasurer,
director, and others handling the funds of such day nursery shall be bonded.
DAY CARE CENTERS
INDIANA
(Day Nurseries)
314.
romance
Regulation 3-406 - Financing and A cco un ti ng5 ns ur an ce
The day nursery:shall cony sufficient forms and amounts of insurance to give
reasonable protection to assets and to &sire the personal and property
liability risks involved in the provision of services.
Such insurance shall
include but not be limifed to public liability and workmen's compensation
insurance, and automobile liability and property damage insurance when the
day nursery uses an autobile, whether it is owned by the day nursery, an
employee, or volunteers:-
I
320.
PERSONNEL
321.
Publication of Personnel Policies
Regulation 3 -410 = Personnel Policies.
The day nursery shall have written personnel policies relating to employment,
terms and conditions of work, salary ranges, and merit reviews. Policies-shall
include information as to hours of work including,time off duty, rest periodS,
sick leave, vacation, holidays, and resignation and dismissal. Ti
statement of
personnel policies sIiall be made available to each employee.
322.
Constraints Against Empl yment
Not specified
330.
NON-DISCRIMINATION
331.
Requirements Prohibiting Discrimination
Not specified
11
DAY CARE CENTERS
(Day Nurseries)
INDIANA
340.
RECORDS REQUIREMENT
341.
Children
Regulation 3-407 - Total Daily Attendance Record.
'A daily attendance record shall Be maintained of the
total number of children
=
cared for at the day nursery.
t Regulation 3-426 -
Child's Record.
The day nursery shall keep an adequate social and progress record, together
withici_e_ntifying or responsibility data and information, on each child in care.
Identifying and responsibility data and information shall include:
Name and birth date of child;
Name, address and home telephone number of parents;
Places of employment of the parents, if employed, and the employers'
addresses and telephone numbers;
Name, address and
telephone number of
cian
to
call
in
emergencies;
Written authorization from parents for emergency medical care;
Name and telephone number of person(s) authorized to call for child;
Name, telephone number and address of responsible person who may be
called to come for the child in case of illness or other emergency if the
parents cannot be reached;
14
DAY CARE CENTERS
(Day Ntrseries)
INDIANA
Identification of person having legal custody of the child if custody, has
been removed from one of both parents, and identification of any
person(s)'who may be prohibited by court order to have contact with the
child;
Financial inforination on which the fee is
financial agreement with parents;
and copy of any
Dates of admission and discharge, and name arid address of
-on to
whom discharged;
Time of daily admission and discharge, and daily attendance ree
H eaith record;
Any other specific information r=equired by the State De
ent or
desired by the nursery.
Regulation 3-438 - Child's Health Record.
The day nursery shall maintain a current,he ith record on each child enrolled
in the nursery. Such record shall include: '
Preadmission, annual and other health examination information and
recommendations as furnished by the physician, including health history
of child before and during care in the day nursery;
-Physician's statement of health and immunizations;
Parent's statement of norexpcsture
prior to admission;
child to communicable disease
Physician's written instruction with regard to any special dietary or
other special health care required for the child;
DAY CARE CENTERS
(Day Nurseries)
Record of medication and
INDIANA
eatment given in the day nursery;
Record of absences due to,illness or injury;
A running record of observations and incidents regarding each child
under
care including
accidents,
minor
injuries,
emotional
upsets,
unusual sleepiness, lack of vitality, or any other unusual condition which
may be associated with a possible health condon. This should be a
daily assignment to appropriate personnel.
342.
Staff
Regulation 3-416 - Personnel and Volunteer Records.
i.
An individual record shall beiVestablished and maintained for
member of the nursery. It shall Include the following information:
Prior to Employment
pplication;
Name, address, a-nd telephone nun ber
Health records (See Re alai -on 3-439);
Training, ,education, experience and other qualifications;
Clearances from references and reports from fortifier employers
with evaluations of ability, character and suitability for working
with children.
After Employment
Attendance record;
Annual health report;
14
DAY CARE CENTERS
(Day Nurseries
Evaluatibn of employee's performance;
INDIA NA
Record of 'Workshops or training sessions attended, and
of study successfully completed;
ates
of
e
termination.
ent
and
termination
with
reasons
An individual rec-brd shall be established and maintained for each' volunteer
who works for the nursery which includes at a minimum sufficient information
to assure that such volunteer meets all or the requirements necessary for the
protection of the health and safety of the chAdreth'
Regulation 3-429 - Health Records for Persons Performing,Services.--
The day nursery shall maintain a health record for each person performing any
service in the nursery. Such record shall include pre-employment, annual and
other health examinatiSn information as furnished by the physician and the
name and telephone number of the person to be notified in event of emergency.
343.
Child Eligibility and Enrollment Requirements
Regulation 3-423 -Intake and Admission Policies.
The day nursery shall accept only children -who are at a stage of growth and
development which enables them to benefit from its program, and for whose
age level the nursery is adequately staffed and equipped to provide care.
The day nursery shall n
admit aly child whose needs it obviously cannot
.meet or whose behavior would be dangerous for other 'children in the nursery.
No day nursery shall admit any child under the age of two (2) years without a
special license from the State Department to care for such children.
DAY CARE CENTERS
(Day Nurseries)
Intake and admission tiolieies shall be clearly, defined, formulated in writing,
and made known to applidants. Such policies- shall be commensurate with the
needs of the child and, with the purpose of the program, and shall include
provision for:
Preadmission social and child Itevelopm4
histories to be obtained
through interviews with the parents and observation ofrthe ch
tc
determine whether the service will meet...the needs of the child a
is
parents;
Family information pertinent to the provision of child ewe;
I
Plan for payment of fees;
A plan for getting each child to the nursery and getting him home,
including the name of the person(s) authorized to call for him;
An agreement for time of arrival at the dad nursery and of departure
for home;
The plan for furnishing breakfast or supper, if such is appropriate.
The introduction of each child into the day nursery shall be handled on an
individual basis to _meet the special needs of the child as he begins this new
experience.
344.
Child Abuse Reporting
Not specified
4
345
Confidentiality of Itecords Requirements
IND. CODE ANN.
§12- 3 -2 -14
(42-1318)
Licensee's
records
-
Records
confidential.
Every licensee shall keep such records regarding each child in its control and
care as the state department of public welfare may prescribe and shall
18
16
DAY CARE CENTERS
(Day Nurseries)
DIANA
report to said department, whenever called for, such facts as it may require
with reference to such children upon blanks furnished by the department. All
records regarding children and all facts learned about children and their
parents or relatives shall be deemed confidential by the agency and by the
state department of public welfare.
400. GROUP COMPOSITIONS OF CHILDREN
410.
STAFF/CHMD RATIO REQUIREMENTS
RATIO
hild Rao
March, 1981
Regulation 3-413 - Personnel Required.
Proper provision shall be made for a sufficient number of staff members with
appropriate qualifications to carry out the program of the day nursery
according to at least minimum requirements, and to insure that the building'is
maintained in a safe and clean manner.
Assignments of maintenance and
housekeeping duties shall not interfere with the direct care of children. In no
instance shall a day nursery operate with less than two staff members, one of
whom shall be free from housekeeping and cooking re.sponsibilities while in
charge of children.
The day nursery shall provide substitute staff to replace employees on sick
leaVe, vacation or absent for other reasons.
A responsible adult aged 18 or over shall always be readily available to
substitute for a regularly assigned staff member in charge of a unit of
children.
Such person shall be on duty when the regularly assigned staff
member is away from the group, for no matter how short a period of time,
whether indoors or out.
17
DAY CARE-CENTERS
(Day Nurseries)
INDIA
INDI iNA
In a small day nursery one staff member may carat
e res
ibilities.
The director and head teacher may be the same person provided that such
4rson meets the qualifications for both positions; When the group of children
enrolled is small enough to require the `employment of only two persons to
operate the. nursery, provision shall be made-for the person supervising the
children to be able to, call the second staff member to assist in emergencies
without =the necessity of leaving the- chilt±"en unattended. All child care staff
work under the direct supervision of a teacher, head teacher; or the director.
Regulation 3-414 - Child/Staff Ratios.
The maximum number of children in the day, nursery per staff member
superVising them shall not exceed ten if three years of Ei.ge,°twelve if four
years of age, fifteen if five years of .age, and twenty if. six years of age or
ethods of
orn .utin
eg adon 3-414 - Child/Staff Ratios.
Where there is-a combination of ages within a group, the number of required
staff shall be determined on the basis of the age df the.voungest child.
420.
GROUP SI747.-
421.
Group Size as of March;1981
See 411, Staff/Child Ratio as of March, 1981
422-
-Methods of Computing Group Size
See
. Staff/ Ratio-as of March, 1981
2u
18.
DAY CARE CENTERS
(Day Nurseries)
.500.. STAFF-QUAL. CATION S AND.T
INDIA WA
NG REc
REQUIREMENTS
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
Regulation 3411
Personal Qualificati mm of Pbrsonnel-
The director shall be at least twenty-one =(21) years of age, and any other staff
member who, at an§. time has full charge and responsibility for a unit of
ctiildren shall be at least eighteen (18) years of age.
51;
Health
Regulation 3-437 - Health Examinations for Pexsons Perfprrning Services.
No person Shall be permitted to 'Perform any services in the nursery until he
has famished the nursery with a statement from a physician that he is free
from all medical eonditionsyvhich might be harmful to children including
venereal, tuberculcsis and other ,communicable diseases. Each such person is
required .to have a health examination immediately prior to entering, the
service of the-nursery.and annually thereafter or more frequently as required
by the nursery physician.
Volunteers, substitutes, student aids,
any other personnel having direct
contact with the children or providing food service are also subject to the
same regulation.
Health examinations shall include:
History;
A physical examination including such x-rays and laboratory
procedures
as
are determined
necessary by
the
examining
physician;
19
DAY CARE. CENTERS.
(Day Nurseries)
'INDIANA
A "Mantoux. intradermil skin test for tuberculosis if the last such
test is known to be negative, or- if there is no record of a test;
such a test shall be done .,on each person. If the Mantoux test is
pbsitive the person shall have a diagnostic chest x-ray and other
indicated laboratory tests todetermine whether or not tha disease
is in an infectious state.
Persons who become ill or return to perform services, for the (lay nursery
following illness shall not perform in a capacity which may transmit disease or
be detrimental to the health of the children or other persons in the day nursery.
All persons lull have an annual physical examination such,as the one required
prior to, the time they were permitted to start performing services for the day
nursery unless the day nursery physician recommenidrotherwise.
513;
Education
Regulation 3-411 - Personal Qualifications of Personnel.
Each member of the staff shall be a competent and reliable person of good
moral character and reputation, who is mentally, physically and emotionally
able to assume assigned responsibilities for group care of children or the
operation and maintenance of the day nursery according to Ihis specific
assignments.
Persons having direct contact with the children shall be equipped by education,
training,
skill and experience to provide for their proper
training
and
development, and shall be of suitable age to give them competent' care.
Re
lion 3-412 - Education and Experience of Personnel/Head Teacher.
In day nurseries licensed for more than thirty chilciien, the head teacher or
other person eesponsible for planning andwsupervising the activities of the k,.2,
20
2,2
DAY CARE CENTERS
May Nurseries)
IN
7-
children and promoting the development of teaching staff shall have successful
completion of at least two years of training in an accredited College or
university, including courses in early childhood education or related fields, and
one year of expehence in a child care or child teaching facility or servicel or
shall have had work experience or a combination of education and experience
in the field of early childhood" education that provides preparation equivalent
thereto.
In day nurseries licensed for thirty children or less, the head teacher or other
person responsitie for plahningland .supervising the activiiies of- the chil&en
shall at a minimum be a high school graduate, and shall... have had work
eFperience with children to qualify him for such responsibility.
4-
In daffy nurseries where the person employed as director is responsible for only
the administralivexecutive responsibilities the head ,teacher shall be a
pdrsbn who meets the educatiolnand dxperience walificati ns as defined above
according to the size of the day -nursery.
A person who is employed as a head _teacher on the effective date of these
rules and regulations is-exemptrom the specific educationia requirements ford
his position provided such person can show evidence of continuing study, in
child care.
Teacher and Child Care Workers
In day nurseries licensed for less than thirty children the teacher who plans
and implements the daily activities ,program or in a larger center the teacher
who assists the head teacher shall have a minimum of a high school education
or shall have passed-an equiNalency test and be enrolled in a course of study in
child care approved by the State Department; or shall have had work
experience in successful practice as a part of a two-year accredited course of
study in child care as approved by the State Department, or a minimum of one
o
21
DAY CARE CENTERS
'INDIANA
(Day Nurseries)
year as a child care worker in
preschool edweadonal facility.
ed day care center or other-bona fide
A child care worker shoul
demonstrate the qualities needed for the position
1y tailing successfully car
for own children, or non related children as ar
boardjng home mother, or homemaker for a' bona fide social or health agency,
or by experiZnceln a pre - school child care center' or nursery school. A-child
care worker is not required to have a certain level of formal education but
must be able to read,. write and count, and shall be encoira
d to improve his
position by completing high school or passing an equivalency test
All teaching And child care staff' shall give evidence of continuing study and
development in the field of early childhood education by attendance Ett
workshops, by reading current literature, and by participation in the nursery's
program of on-the-job training.'
514.
See 5
S.
Experience
520.
,PROGRAM DIRECTOR QUALIFICATIONS a
521. ./E
See 511. .Lim
522.
Health
See 512. Health
523.
Education
Regulation 3-412 - Education and Experience of Personnel/Dector.
In day nurseries licensed for more than thirty children, the director shall haVe
successful completion of four years of training in an accredited college or
university, including courses in early childhood education or related fields, and
24
22
'DAY CARE CENTERS
(Day Nurseries)
INDIANA
Chilli care or child teaching facility or'-service;-or shall have Dad a cbtnbination
of such education and experience that prolfides the equivalent.
>
In day nurseries licensed for thirty children or less, the director shall have
successful completion of at least two years of training in an accredited college
or university, including courses. in early childhood educatibn or related fields,-
and at least one year of experience in a child care or child teaching facility or
.
service; or shall have had work 'experience or a combination of education and
work experience in the field of early childhood education -that. provides the
d
equivalent thereto.
The director shall be required to demonstrate. administrative ability and the
ability to work effectively with adults as well as children, with staff, board
members, parents and community.
If the
director of a day nursery setes only in
the °Cepacit
of an
administrative executive carrying out responsibility for personnel, p
chasing
equipment and supplies, other fiscal matters, and supervision of maintenance,
he need not meet the educational and experience requirements described
above but must employ a -head teacher who does meet such requirements,
according to the size of the day nursery.
524.
Experience
See 23. Education
530.
III PORT STAFF
TJA
FICATIONS
Regulation 3-415 - Voltmtee
Volunteers shall meet all the requirements and qualifications of the positions
to which they are wgigued. No volunteer shall be left in charge of a day
nursery except in an extreme emergency.
DAY CARE CENTERS
(Day N urseii es)
INDI NA
540.
POST EIVIPLOYMENT/1N-SERVICE: 0 IENTATION AND -141-AINING
541.
am Director
.
.
-Regulation 3-41D - Personnel Policies.
The day nursery shill provide each . new
-
.
emplc yee
m lia
, 4
-orientation' to his job.
"
.
.
The day nursery-shall provide continuing on-the job training for each e
part of the regular program of the nursery..
542.
Child CareOver Staff
See 541. 'Program Director_
543.
Support Staff
Sec 541. Pro am Director
600. PRO RAM OF A
narrEs, INCLUDING EDUC TION
610.-
PROGRAM REQUIREMENTS
611..
Program of A
oyee
Regulation 3-417 - The Program.
The day nursery shall carry out .a planned written program - suitable to. the
needs of the children.
The program shall be designed with intervals of stimulation and relaxation, and
a balance between periods of active. play and qUiet play or rest.
A
The program shall include outdoor play .ear,day, except" when the severity of
weather makes a health hazard or when there is an individual reason for a
child to remain indoors.
4
--
24
DAY CARE CENTERS
INDIANA
(Day Ntzseries)
612.
Prnram Equipment and Materials
Regulation 3-422 = Play Equipment.
Equipment, materials, and ftrnishings shall be provided for both indoor and
outdoor play. They shall be of sufficient quantity for the number of children
in attendance, and sufficiently vatted to meet the developmental needs of the
children according to their age and size.
Each day nursery shall have /safe, non-toxic play materials and eq
each of the categories listed below:
Paints (easel, poster 6: finger) crayons, scissors, paste, clay
Large blocks, boats,
of various sizes
Picture and story books
pment from
figures of
ple and animals
Beds, dolls, toy stove, sink, refrigerator, cabinets, table, chairs, dishes,
pots, pans; ironing board, iron, cleaning equipment
room), dress-up
clothes
Boxes, boards, saw-ho
, barrel., climbers, ladders, balance beams,
work-bench, sand, water, wheel toys, swings, slides, balls, bean bags
Pegs, beads, ot o, puzzi
Piano, record player, &urns, cy
ding boards, small building sets
Fish, gardening tools, &y batteries, magnets, compass, thermometer,
.
and pulleys, magnifying glass
25
DAY CARE CENTERS
INDIANA
(Day Nurseries)
Separate play facilities shall be provided for two-year-old children and their
play materials and equipment shall be appropriate to their age, size, and stage
of development, and shall include devices to aid in the typical activities of this
age group including climbing, simple building, taking things apart And fitting
the pieces together again, picking up objects, pushing, pulling, pounding,
looking at pictures, listening to music, kicking or rolling a ball, and imitating
sounds and actions.
Separate play facilities shall be provided for school-age children as determined
by the day nursery in consiiltation with the State Department. \
613.
Nap Provision
Regulation 3-419 - Physical Care.
An adequate supervised nap period shall be provided pre-school children after
the no
me
A firm and sanitary cot shall be provided for each pre-school child, with
clean, individually marked covering sufficient to maintain comfort.
Cots shall be spaced at least two (2) feet apart on all sides except
where they touch the wall. Children shall lie in such a way that direct
face- to-face positions are avoided.
Aisles between cots are to
kept clear of all obstructions whle cots
are occupied. When they arc not in use and the room provided for rest
is used for play, the cots shall be stored in a clean, dry place.
Adequate supervised rest or quiet periods shall be provided midmorning, before
the no
meal, and at other times as needed.
26
DAY CARE CENTERS
INDIANA
(Day Nurseries)
614.
Discipline and Guidance
Regulation 3-419 - Physical Care.
The director shall not use, nor permit an employee or volunteer to use,
corporal or other harsh punishment, or any humiliating.or frightening method
of discipline to control the actions of any child or group of children.
Punishment shall not be associated with food, rest or toilet trairdng---
no.
HEALTH
711.
General Health Re
700. HEALTH AND SAFETY
irements
Regulation 3-427 Health Program.
The day, nursery shall make definite and specific arrangements providing for
the services of a physician to supervise and maintain an adequate' health
program for the child-fn in the day nursery. Whenever the term "Physician" is
in these regulations pertaining to the licensure of day nurseries, the term
shall mean a person holding an unlimited license to practice medicine in the
State of Indiana.
The day nursery shall establish and maintain a health program that makes
provision
for
all
the
requirements included
in the cState Department
regulations 3-427 through 3-438 inclusive. Such program shall be stated in the
form of written dated policies.
Prior to initial liceure and as often thereafter as requested by the State
Department the written health program shall be submitted to the State
Department on fonns provided for this purpose. Such policies are subject to
review and approval by the State Board of Health prior to the issuance of a
license.
27
DAY CARE CENTERS
INDIANA
(Day Nurseries)
The health program shall be reviewed by the day nursery and the supervising
physician every two years and any revisions shall be submitted to the State
Department in writing for review and approval.
712.
Health Assessments
ation
3 -428
Pre-admission
Health
Procedures
Examination.
's
Health
Each child shall receive a health examination by a physician within four weeks
prior to admission to the day nursery, but no later than one week after
admission.
The examination shall include the following:
History;
Physical examination;
An intradermal tuberculin skin es ;
A written statement by the physician that the child is currently
immunized against diphtheria, poliomyelitis, tetanus, measles, rubella,
and if under age 6, also for whooping cough;
A written statement from the physician that in his opinion there is no
health condition that would be hazardous either to the child or to other
children in the day nursery as a result of participation in the nursery's
program of activities;
A written statement from the physician regarding modification of plans
of care for children who may require special attention because of
medical conditions.
Regulation 3-429 Periodic Health Examination.
Health examinations of children, the same as required on admission, s
ll be
repeated annually and whenever
here is reason to suspect that a child
participating in' the program may have a condition hazardous or potentially
hazardous to others or finds that the child's general condition indicates the
need for such examination.
28
30
DAY CARE CRS
INDIANA
(Day Nurseries)
If a child frequently requires seclusion and special observation for fatigue,
illnesst or emotional upset, the nursery personnel should make available to the
parents a complete report of their observations, and ask the
rents to take
him to a physician for a health evaluation.
713.
Immtni
See 712. Health Assessments
714,
anitatlon
Regulation 3-451 Water Supply and Plumbing.
An adequate water supply of a safe, sanitary quality shall be obtained from a
wafer soiree or system approved by the State Board of Health.
Drinking fountains shall be of the sanitary type with guarded angular stream
drinking fountain heads and shall be so constructed and located as to be
accessible for use by the children at all times. If drinking fountains are not
available, individual single service cups shall be provided in
sanitary
disperser, and used only once.
A11 plumbing fixtures shall discharge to a public sanitary sewer whenever this
type of public sewer is available. Any private sewage treatment system shall
meet the requirements of the State Board of Health.
New plumbing equipment shall meet the requirements of the Administrative
Building Council and State Board of Health.
Regulation 3-452 Maintenance and Housekeeping.
The premises of the day nursery shall at all times be maintained in a
neat and sanitary condition and in a good state of repair.
Rooms shall not be swept or dusted
h" e occupied by children.
DAY CARE CENTERS
. INDIANA
(Day pl trseries)
All garbage and trash shall be kept n
easily' cleanable receptacles which
are covered with close-fitting lids while pendng removal, and shall be
removed from the premises on a daily basis.
715.
Daily Illness Screening
Not specified
716.
Care of Sick Children
Regulation,3-430 Control of Communicable Diseases.
When a child is suspected of having a,
mmunicable disease, the director shall
notify the day nursery's physicianpr the
al health officer, and the parents.
When children in the day nursery are known to have been exposed to a
cbinmunicable disease, prompt notice shall be given to the parents and to all
staff members who also may have been eked.
When a child is known to have been exposed to a comrnucable disease outside
the day nursery, he shall be excluded from attendance at the day nursery for
such time as is prescribed by the day nursery's physician or the local health
officer.
Regulation 3-431 Readmisgon of Children Following Illness.
When a child returns to the day nursery follovting an absence, the nursery
shall, before readmission, ascertain that, the child does not have a condition
which would contraindicate his participation in nursery activities.
Regulation 3-433 Care of Illness and Injury.
The day nursery shall establish written policies regarding first -aid for the care
of illness or injuries. Such policies shall be dated, signed as approved by the
physician and posted in a conspicuous place in the day nursery. Such policies
shall be reviewed annually and revised as recommended by the physician.
DAY CARE CENTERS
INDIANA
(Day Nurseries)
Such policies shall include but not be limited to the following provisions:
A staff member who has basic knowledge of first-aid principles shall be
present at all times.
There shall be immediately available:
A telephone and the telephone' numbers of the day nursery's physician,
and of an emergency facility that is qualified and has agreed to accept
cases from the day nursery.
The telephone number for ambulance
service and the local fire department shall be posted by the telephone;
The Red Cross First Aid Manual or its equivalent;
First aid supplies, as specified by the day nursery's p
Children, upon arrival, shall be observed for signs of illness.
For children who are ill upon arrival or who become-ill during the day, if they
f
cannot be suitably cared for by (the nursery, the nursery shall notify the
parents or guardian in order to arrange for suitable care for the child.
Children who are ill or injured shall be kept under observation by la staff
member.
717.
Medication and Special Diet Provisions
Regulation 3-435 Medication.
The giving or application of medication, providing dietary supplements, making
special variations of diet, and carrying out special medical procedures, shall be
done only on written order to prescription from a physician to the parents, or-
day nursery with the knowledge of the parents.
Medications prescribed for an individual child shall be kept in the original
container bearing the original pharmacy label which shows the prescription
number, date filled, physician's namel-directions for use, and the child's name.
31
DAY CARE CENTERS
(Day Nurseries)
INDIANA
It shall be entered in the child's health record when medication is given and by
whom administered.
Each day nursery shall assure that all medication be kept in-a locked cabinet
and stored in a safe place, not accessible to children.
Each day nursery shall provide that no person except a duly authorized and
responsible member of the staff administers Medications.
An accurate entry shall be made on the child's record form of all- medications
given.
When nolonr needed, medication shall be returned to parents or destroyed.
718.
Waiver of Health Requirements
Regulation 3-428 Pm-adm fission Health Procedures.
The requirements for a physical examination, immunizations and physician's
statements shall be waived for chileten whose parents or guardians present the
proper credentials to confirm that they, on behalf of themselves and their
child(ren), rely in good faith upon spiritual means foruthe prevention or cure of
illness and disease and remedial care of such child. Nothing in this provision
precludes the nursery from using emergency measures to treat such child by
first aid techniques as for any other child under care 6r to exclude a child
where control of contagious disease may be necessary.
DAY CARE CENTERS
(Day Nurseries)
720.
SAFETY
721.
General afet R
Regulation 3-443 Design and Co
The day nursery shall be designe
and staff.
Walls and ceiling's shall_ be of
paneling shall be treated and
Flame Spread rate of 0-75, an
0-25.
IN
-NA
uctkiL
for the proteition and wellbeing of children
hable materials and in light colors. An wood
amply with the following: Rooms shall have a
rridors shall have a Flame Spread Rate of
Floors and steps shall be smooth and of washable, non - slippery materials.
Small rugs shall not be used as floor coverings because of danger of Slipping
and falling. Where carpeting or carpeting and padding are-used they shall have
a Flame
read Rate of 0-75. No furnishings or decorations of an explosive or
highly flammable character shall be used. All. decorative materials including
ctrtains and draperies shall be flame retardant. Plastic waste baskets or qther
plastic containers are prohibited in the areas where children are located
except for plastic bags used for sanitary disposal purposes.
Regulation 3-454 Safety.
Poisons and drugs or other harmful chemicals shall be kept under lock, and in a
place inaccessible to children. Hazardous articles, materials, and equipment
such as cleaning fluids, polishes, bleaches, detergents, matches, firearms, and
tools shall be kept in a place inaccessible to children. First-aid supplies and
medications shall be kept in a place inaccessible to children, but easily
accessible to adtilts.
Radiators, registers, steam and hot water pipes and electrical outlets shall
have protective covering or insulation for the protection of children.
DAY CARE CENTERS
INDIANA
(Day Nurseries)
Open grate gas heaters, open fireplaces, portable electric heaters, or other
portable heaters, shall not be used by the nursery. If combustion space heaters
are used(\they shall be installed with permanent connections and protectors and
vented directly to the outside.
All windows and outside doors that are hazardous to children shall be equipped
with screens or guards, which shall be attached in such a way that they may
either be removed from the outside, or broken into from the outside in case of
fire.
Windows shall be readily openable from the inside without the use of
tools.
Stairways used by children shall be equipped with guards at both the top an
bottom.
All power equipment used by the day nursery shall be prate ted by adequate
safety devices.
.4
Plans shall be made for the protection of the children in the event of a natural
disaster or enemy attack, in conformity with plans established for the locality
by the Office of Civil Defense.
There shall be written posted procedures for disaster evacuations in ease of
fires and other emergencies which shall be taught to all staff as a part of their
orientation. Fire drills shall be conducted monthly and noted in the records or
reports of the nursery for review upon request ©f the fire inspector. Such fire
drills should be planned with the help of the local fire department and
periodically observed by such department.
722.
Fire Safety Requirements
Regulation 3-453 Fire Protection.
All fire extinguishers shall be approved by the State Fire- Marshal.
The
extinguishirs shall be plainly visible and easily accessible at all times. The top
of any extinguisher shall not be higher than five (5) feet above the floor, level.
36
34
DAY tA RE CENTERS
INDIANA
Way Nurseries)
All 'hallways in the building shall be adequately and suitably lighted at all
times and kept free of obstacles when children are present.
All stairways in the building which are used by children shall be provided with
handrails within reach of children and maintained free of all obstructions. An
arrangement of treads known as winders, which is defined as a circular
staircase, and utilized as required means of egress is prohibited.
All wiring in the building shall comply with the provisions of the National
Electrical Code as adopted by the Administrative Building Council and the
State Fire Marshal and shall be approved by the State Fire Marshal.
All gas equipment and appliances in the building occupied by the day nursery
shall comply with the Rules and Regulations of the Administrative Building
Council and shall be approved by the State Fire Marshal.
Each nursery shall fully comply with the Rules and Regulations of the State
Fire Marshal regarding liquified petroleum gas.
All flammable liquid shall be kept in id gait or sealed containers when not in
use,' and shall be stored on the premises only in such quantities and in such
rooms as are approved by the State. Fire Marshal and in a place inaccessible to
children.
The installation of fire escapes on all existing buildings shall be determined
and approved by the State Fire Marshal. Fire escapes for new buildings shall
comply with the Rules and Regulations of the Adminiv 7ative Building Council.
The need for exit lights and emergency lighting shall be determined and
approved by the State Fire Marshal.
35
DAY CARE CENTERS
INDIANA
(Day Nurseries)
The day nursery shall be kept free from
fire hazards, and combust
materials such as paper, rags, excelsior, and other combustibles shall not
.permitted to accumulate upon the premises. Dust and grease shall not
permitted to accumulate on hoods above stoves and other equipment,
storage areas shall be kept clean and free-of any flammable substances.
The need for a , fire, alarm system shall be determined b
the State I
Marshal.
See also 721. General Safety Requirements
723.
Transportation
Regulation 3-455 Transportation.
The nursery shall encourage parents to transport their children to and from
nursery.
If a nursery provides transportation, it shall assume responsibility for a 6
between the place where he is picked up and the nursery, and from the tim
leaves the nursery until he is delivered to his parent or to the responsi
person as designated by his parents. No child shall be permitted to remai
any vehicle unattended.
Any vehicle operated by a nursery shall be licensed in accordance with
laws of the State of Indiana, and the operator thereof shall not be less t
twenty-one (21) years of age and must hold a proper license to drive s
vehicle.
All nurseries which provide transportation shall carry liability insurance
adequately cover any and all children riding in the vehicle.
DAY CARE CENTERS
(Day Nurseries)
Vehicles operated by a nursery for the transportation of children shall be
maintained.in safe operating condition and be clean and free of obstructions on
the floors and seats of-the vehicle.
Children shall not be 'ceded or unloaded except
rorn the curb side of the
.
-
vehicle and at the orb.
Only thit number of children and adults for whom there is comfortable seating
space shall be trarsporteel in one vehfcle. No child shall be permitted to stand
in the vehicle when being transpOrted. No more than three (3) persons
including the driver shall be permitted to-occupy the front seat of the vehicle.
Vehicles used for the transportation of children shall be equipped with seat
belts that shall bein use at all times when the vehicles are in-Cnodon. They
shall also be provided with safety door locks and the doors kept locked at all
times while vehicle is moving. The doors shall be onened and closed only by
the operator of the vehicle orby another adult occupant.
724
Safety Re quirem en
Regulation 3-422 Play q iiprpent.
Equipment, materials and furnishings of the day nursery shall be of sturdy,
safe construction, easy to dean, and free from hazards to the life or health of
the crulcten, whether for indoor or outdoor use. They shall be kept clean and
in good, safe condition, free of sharp points or jagged edges, splinters,
protruding nails, loose parts, rusty parts, or paint which contains lead or other
poisonous materials.
725.
Water Activities (Including Swimming)
Not specified
726.
Emergency Procedures
See 721. General Safety Requirements
3j
37
DAY CARg,CENTERS
May Nirseries)
- 727.
First Aid Supplies
Not specified
INfIANA
800. NUTR ION AND FOOD SERVICE
5810.
NUTRITION
811.
Nutritional Requirements
Regulation 3-440 Food Service.
Prior to initial licerstre and as often thereafter as requested by the State
Department a written Dian for food service shall be:submitted to the State
Department on forms provided for this purpose, which plan will be subject to
review and approved by the State Board,of Health prior to licersure.
A written revised plan for food service shall be submitted to the Sta
Department for such review and approval every two years, and each time the
food service plan undergoes a major change by the nursery, or the day nursery
changes ownership, or the nursery is requesting a change in license to include
the care of children beneath the age of two (2) years.
A written plan for food service shall include menus for four weeki for
breakfast, lunch and supper, and morning, afternoon and evening snacks,
according to the program operated b;the-\-day nursery.
The menus shall
specify food by name (orange juice rather than juice),= list method of
preparation (baked perch or cod rather than fish), and indicate nortion size of
each food item. Such plan shall also describe whether food shall be served
family style (with the teacher serving the children's plates), or by preserved
plates, how second helpings will be handled, the number of children and adults
to be seated at each table, size of tables and chairs, the type of dishes and
uteri is to be used, and the plan for presenting nutrition education to the
children.
4v
DAY CARE CENTERS
(Day Nurseries)
INDIANA
Feeding of Two-Year-Old Children
The same dietary allowanced used as the accepted guide for feeding children
three to six ye'ars of age
hall apply to two-year-olds.
Only the amounts
served shall vary. Two-year-71ds should not be expected to follow the same
eating pattern as three-year7olds.
812.
Waiver of Requirements
Not specified
820.
FOOD PREPARATION
82L
Food Pre aration and Service Requirements
Regulation 3-440 Food Service.
The jtchen, all other food preparation areas and all food service areas shall
be operated in compliance with the requirements of State Board of tlealth
Regtilation HFD-17, a copy of which shall be in the kitchen at all times for
reference.
Cleaning schedule and procedures shall be pasted and followed.
Dish and utensil washing shall comply with the following instructions set out
by State Board of Health Regulation HFD-17:
Spray -type dishwashing machines in which the water temperature
s'irfl.f-
180.oF shall be, provided and used wherever
washing_ and sanitizing
are conducted mechari"cally.
In day nurseries for 35 children or less, home style dishwashers may be
used provided the temperature of the final or fresh rinse water can be
maintained at 180°F at the entrance of the manifold.
DAY CARE CENTERS
(Day Nurseries)
INDIANA
A three-compartment sink shall be provided and used whenever washing
and
sanitizing
are
conducted
manually.
Multi-use
utensils
and
elnipment shall be thoroughly washed in a detergent solution in the
first compartment of the sink which shall be kept clean, and then shall
be rinsed free of such solutions in the second compartment of the sink..
An eating and drinking utensils and, where required, the food-contact
surfaces of all other equipment and utensils are sanitized in the third
compartment by one of the following two methods: Immersion for at
least one-half (1/2) minute in clean hot water at a temperature of at
least 170°F, which is maintained at such temperature in the third
compartment by an automatically controlled water heater or other
effective means (running hot water from a fixture to maintain this
temperature is not considered satisfactorily meeting this requirement);
or immeiii-on for at least one (1) minute in a sanitizing solution
containing a chemical sanitizing agent which has been demonstrated to
the satisfaction of the Health Officer to be effective and nontoxic
under use conditions, and for which a suitable field test is available;
Utensils and equipment are allowed to air dry prior to storing them in a
clean and protective place;
Proper storage facilities for utensils and dishes shall be provided which-
will protect them from contamination.
Responsibility for Day Nursery Contracting Food Service from Food Service
Vendor
Each day nursery which uses the services of a food service vendor shall
continue to be responsible for its food service program including the quality
and quantity of food which is served to each child under care, the submission
to the State Department of the written plan for food service and meeting the
requirements of this Regulation which relate to nutrition, meals and snacks,
and menus;
42
40
DAY CARE CENTERS
INDIANA
(Day Nurseries)
Each nursery using vendor service shall have a written contract with such
vendor
which
describes
the
responsibilities
of
the
vendor
and
which
incorporates the assurances that the vendor's food service business, food
handlers and all premises used therein have been inspected and approved by
local health authorities or by the State Board of Health for the purpose of
providing food for day nurseries. Such contract shall be reviewed and revised
as often as the nursery director deems necessary to protect himself and the
children under care.
Such contract shill.' tiie
on file in the nursery for
inspection by State Department and State Board of Health personnel upon
request.
Menus prepared a week in advance and posted in the day'nursery for meals and
snacks shall be followed by the vendor in supplying food service.
The nursery
shall have adequate refrigeration for food items requiring
refrigeration which are delivered by the vendor to be served at a later time
for snacks.
Upon receiving the food from the vendor, the day nursery shall check the
temperature of the food with a dial
Hot foods are 140°F or above;
Cold foods are 45°F or below;
Frozen foods are zero degrees Fahrenheit or below.
e thermometer to see that:
The nursery shall be responsible for the serving of the food to the children and
for performing food service tasks under the following conditions:
Before employees handle and serve food they shall thoroughly wash
their hands with soap and water and use individual towels for drying.
DAY CARE CENTERS
INDIANA
(Day Ntraerias)
Day ntraeries which do not h
adequate and efficient facilities
(commercial dishwasher) for Avashin
and sanitizing utensils, shall
obtain clean, sanitized glasses, chinaware, and flatware from the
vendor; or use only single service articles (Plates, knives, forks, spoons,
cups). These should be of suitable shape and size for small hands.
Food shall be held at appropriate temperatures until served to children:
hot food
--
140°F
or above; cold food - 45°F or below;
frozen
food 0°F or below.
Wet storrige of food is prohibited, e.g., cartons of milk in lee.
Eating and serving surfaces shall be washed and sanitized before and
after use.
All food left over shall be discarded and garbage and trash shall be
disposed of in such manner as to minimize odors and not attract rodents
and insects.
Cleaning schedules and procedures shall be posted and followed.
Proper storage facilities for utensils and supplies
(single
service
articles, napkins, straws, cups) shall be provided. These shall be stored
in closed cartons dr containers which protect them from contamination.
See that all facets of food service meet the recauirernents of IIFD-17.
Feeding of Two-Year-Old Children
Divided dishes that are heavy enough not to tip or sligle easily shall be
furnished for children eating at the table.
44
DAY CARE CENTERS
May NirserieS)
INDIANA
ghted cups which are not easily overturned shoullh be furnish
astic glasses in a small size (4 ounces) are acceptable.
but soft
*-t
Standard teaspoons or heavy plastic spoons shall be provided. Use of
e a
shall be taught in a relaxed and happy atmosphere.
Staff shall eat with the children. There should be no mo
each table.
an six children at
Staff shall encourage food eating habits and eruoyment of food, but should not
expect performance to equal that of three-vear -olds.
Finer foods are
acceptable.
A master menu shall be posted in the feeding area as well as in the kitchen
with a notation of any special dietary prohibitions or substit.itions for each
child for whom such instructions are necessary.
Not specified
A
9110. SOCIAL SERVICES
000. PARENT PARTICIPATION
-424 Interviews with Parents and Their Involvement in Activities.
While the child is attending the day nursery, interviews with the parents shall
be held as often as necessary by an appropilate qualified member of the
nursery staff in order that the parents may be kept advised of the child's
progTeas, achievements, behavior, signs of physical or emotional prohlems.
Visits by pa-ents to the nursery while it is in operation shall be en
their participation in the classroom sought on occasion.
A9
;aged and
DAY CARE CENTERS
(Day Nurseries)
-01
INDIANA
Parents shall be encouraged to participate in ciritnmittee work, in planning and
carrying out projects, in evaluating the programs, and in participating in social
events.
Parents shall be encouraged to participate in
learning experiences relat
family life,
child
caring and
rearing', ancl
homemaldng as
planned
parent-staff corn mittees.
a
Parents shall be invited to assist in transportaation for field trips and to give
-other service to the nursery according to their
ndividual skills and capacities.
1100,
A
AND TC3DDLERS
1110.
PROGRAM OF ACTIVITIES
See DAY CARE CENTERS (Infant - Toddler
1120. 'HEALTH AND A)AFETY REOUIREMENV-S
See DAY CARE CENTERS (Infant - Toddler
are)
1130.
INFANT NUTRMON
See DAY CARE CENTERS (Infant - Toddler
1200. CHILDREN
HANDI
PING CONDI'T'IONS
1210.
410GRAM OF ACTIVITIES
Regulation 3-436 Handicapped Children.
Day =series providing care for mentally
or physically handicapped or
emotionally
disturbed
children,
shall
avail.
themselves
of
appropriate
professional consultation in order to meet th
individual needs of each such
child, and shall report such cases to the State 1=D'epartment.
46
A A
DAY CARE CENTERS
I1t D3 NA
(Day Nurseries)
1220. HEALTH AND SAFETY REQUIREMENTS
Not specified
1230.
STAFFING
Not specified
1300. SCHOOL AGE CHILDREN
1310.
PROGRAM OF AcTivirm
Reguulation 3-418 The School Age Child.
The day nursery program for school age children shall
be determined
by the
nursery in consultation with the State Department
and shall Inet the
requirements of Regulation 3-414(6).
1320. HEALTH AND SAFETY REQUIREMENTS
See 1310. PROGRAM -OF ACTIVITIES
1400. FACILITY REQUIR IVI
1410.
SPACE
Regulation 3-420 Indoor Play Area.
Low open shelves for play materials in daily use shall be itrovided.
An adequate number of tables and chairs shall be provided, of appropriate
height and size for childten's comfort and reach.
d
4-
Sufficient clothes-hanging space shall be allotted
provided with hooks
placed low enough and far enough apart to permit eac-I child to haiw up his
own clothes and keep them separated from those of cithe=- children,
-DAY CARE CENTERS
(DayNutseries)-
NA
C
enient and adequate storage space
ha 11 be provi
ed for both playroom
and outdoor play equipment and materials.
Regulation 3-421 Outdoor Play Area.
-
The day nursery- shall provide an outdoor plAy area, di____rectly accessible from
indoor facilities. In instances where the Stat.eDepartrant determines there is
need for atday nursery in a locati
where theautdoor pcday area is not directly
accessible from indoor facilities, the nursery shall proviie a play area which is
safely accessible.
The play area sh
be at least fifty (50)
facer each child for whom
the nursery is lice
The play area shall be safely enclosed or vthefwise adequ_aa ely protected.
The play area shall be free from hazards whichmight b
dangerous to the life
or health of the children.
It shall be well - drained and
kept free from broken
glass and other debris, and flammable material.
The play area shall be designed ao that allparts ire visible and easily
supervised.
A shaded area shall be provided by means of t ees or othr cover.
Regulation 3-442 Location of the Day Nursery.
No day nursery shall -be located where any condition exist that would be
injurious to the physical or moral welfare of tliechildren
No day nursery' shall. be located in a privEstie family
residence unless that
portion of the residence to which children Nave access ; is separate from the
usual living quarters of the family.
18
4i
DAY CARE CENTERS
INDIANA
(Day Nurseries)
No day nursery shall house, care for, or maintain children on a floor other than
grade level except in a building as defined by the Administrative
Building
\C2'uncil and the State Fire Marshal as a Type I structure. Children may be
cared for on the second floor of Type H, III, or IV as defined by the
Administrative Building Council and State Board of Health provided special
requirements of the State Fire Marshal are complied with including the
installation of a sprinkler system.
Split level structures may be approved
provided that there is an exit directly to grade level from the classroom area.
These regiirements apply to all day nurseries, but nurseries holding a license
at the time these requirements become effective may have up to a maximum
of one year from their effective date to comply.
Regulation 3-444 Play Rooms.
The day care nursery shall provide at least thirty-five square feet of indoor
play space for each child for whom the day nursery, is licensed. Such indoor
play space shall be exclusive of kitchen, toilet rooms, isolation quarters,
office, staff rooms, hallways and stairways, storage areas, lockers, laundry,
firnace room, and floor space occupied by permanent built-in cabinets.
Separate play rooms or separated areas in play rooms shall be provided for the
various types of activities required by the day nursery program and for the
separation of children as supervised accordinv to ekge and maturity. Separate
play space shall be provided two - year -olds and for children of school age.
Regulation 3-445 Kitchen.
The kitchen and any other food preparation area shall be separate from areas
used for any other purpose and shall be so located that the children and
persons not assigned food handling responsibilities cart gain access to play,
dining, bathing, toilet, hand-washing, or other areas in the nursery without
gping into or through the kitchen. The kitchen shall not be used for children's
`play activities or naps or for a dining or recreational area for adults.
DAY CAR,
CEN TERS
IN DIANA
(Day NT EiMri 05)
1-
The Vitehexn and other food preparation area shall be constructed and equipped
to provide
for the safe storage, preparation, and service of food.
Food
prepetratiom areas shall be so located or equipped with temperature control
equipment
'that food temperatures can be maintained that are suitable to the
parti elder Foodbeing served. All such areas and equipment shall comply with
the Nequirernents of State Board of Health RegWation HF D-17.
Regulation
3-447 Isolation Quarters.
Day pirseril es shall provide and use a room for the separation from the. group
of any eha-cl having or suspected of having a communicable disease or any
falinegs, This room shall not be used for any other purpose by the children while
being used
as isolation quarters and shall be closed off from other rooms.
Toilet and Lavatory facilities shall be located within or near the room.
Regulation 3-448 Office and Staff Rooms.
Offiuespae separated from the areas used by the child-en shall be prOvided
for iratervie wing, conferences, making and keeping records, and the handling of
busiries. mace and equipment shall be adequate for the administrative and
staff needs
of the day nursery. Telephone service shall be provided.
A room sepwarated from the areas used by the children sh
use r)ithe
taff during rest periods.
ovided for the
Regulation
3-449 Furnace Room.
The firnaca
room or room containing any central heating equipment shall be
eonstruetesd
in accordance with the rules and regulations of the Building
CouriE11,an
shall be subject to the State Fire Marshal's approval.
DAY CARE CENTERS
RNf7IiNA
(Day Nurseries)
1420.
LIGHTING VENTILATION AND TE
Regulation 3-450 Heat, Light and Ventilation.
Heating and ventilation shall comply with the heating ramd ventilation code of
the Administrative Building Council and the State Hcard of Health.
The
heating system shall be approved by the Stile Fire
Marshal in existing.
facilities.
All rooms used for eating, living or napp nit Purposes stt-iall be provided with
light and ventilation by means of windows at Sufficient rr iurnber to adequately
fulfill their function of providirk light
eland
air.
In
air conditioned and
mechanically ventilated buildings the numbet. Of windows _ may be reduced but
not to the extent children are unable to observe the =utside during indoor
activities.
When natural light is insufficient, it shall be 5
element ed by artificial light,
properly diffused and distributed so that adequate light is available at all
times in rooms, halls and stairways.
Adjustable shades or curtains shall be provided and used
_ for protection from
gibe and to promote an atmosphere conducivQ tz,sleep at
nap time.
All windows, doors, ventilators, and other outside penin3=rs shall be protected
against insects by securely fastened 16-mesh screening, as
the season requires.
Areas used by the children shall be heated
the terr-_ Iperature falls below
68
,
so
that
a temperature
of
68
to
2 witini =-1 two
(2) feet
of
the floor is maintained during seasons when heat isneeessary.
DAY CARE CENTERS
INDIANA
(Day Nurseries)
1430. EXIT
Regulation 3-443 Design and Construction.
No day nursery shall be located in any building that is not provided with at
least two exit doors which open in the dilection of exit travel directly to the
outside from the first floor of the building. The aisle leading to these doors
shall be kept free from obstacles at all times and shall be a minimun of 44
inches in. width. Such doors shall be provided with panic- release hardware
when required by the }State Fire Marshal. Vertical sliding doors and rolling
.
shutters shall not be used in any opening leading to outside exit-doors.
1440.
TOILETS AND LAVATORIES
Regulation 3-446 Toilet Facilities.
The tlay nursery shall provide inside toilet _rooms equipped with securely
fastened and supported wash basins with hot and cold running water and with
flush toilets. Toilet rooms shall be located on the same floor as inside play
areas and in close proximity to inside and outdoor play areas.
The nursery shall provide a .minimum of one (1) wash basin and one (1) flush
toilet for each fifteen (15) children for which the nursery is licensed. The
same toilet facilities shall not be used by school -age childre
of opposite sex,
and toilets for school-age children shall be separated by part tions.
When new facilities are being installed, child-size toilets and child-size wash
basins shall be used.
If child-size toilets and wash basins are not available, steps or platforms shall
be provided for small children to encourage self -help and independence. If a
class of two - year -old children is included in the center, toilet-training chairs
or nursery seats shall be provided
with approved sanitizing procedures
observed after each use.
50
DAY CARE CENTERS
INDIANA
(Day_Nurseries)
Toilet facilities shall be furnished for the staff and other adults separate and
apart from those furnished for the children.
All handwashing facilities shall be provided with automatic hot water control
valves that will not permit the hot water tem erature at the point of use to
exceed 1200F.
1500. OTHER STATE REQUIREMENTS - COMPLIANCE WITH OTHER LOCAL
STATE, AND REGIONAL LAWS AND REGULATIONS
1510.
ZONING
IND. C
ANN. S12-3-2-12-(42--1316b)-Day nursery zoning.
For, zoning purposes, classification for a church shall be deemed adequate
zoning for providing day-care services.
1520.
FIRE
Regulation 3-441 Conformity with State and Local Housing Requirements.
Any structure in which a day nursery is located shall meet the requirements of
the State Board of Health, State Fire Marshal, and Administrative Building
Council.
1530.
BUILDING
See 1520. FIRE
1540.
HEALTH
see1520. FIRE
.1550.
SANITATION
See 1520. FmE
1560. NEW CONSTRUCTION
See 1520. mg
51
DAY CARE CENTERS
(Infant- Toddler Care)
INDIANA
to
Except where otherwise
noted,
all
citations
are
from
the Rules and
Regulations of the Indiana Department of Public Welfare, Title 3 - Child
Welfare Services, Chapter 4 - Licensing Day Nurseries
Infant-Toddler Care,
October 18, 19/9.
100. STATE LICENSING OF CHILD DAY CARE FACILITIES
110.
TYPES OF FACILITIES SUBJECT TO LICENSURE AS DEFINED BY
STATE STATUTES AND REGULATIONS AND/OR LOCAL ORDINANCES AND
REGULATIONS
De initid
Regulation 3-460 Definition of Infant-Toddler Care.
For the purpose of these regulations infant-toddler care in a day nursery is
defined to be the program of child care planned specifically to meet the needs
of children from the age of six (6) weeks to two (2) years, and which, although
provided in a group care environment, is individual care for each child, planned
especially for him according to his specific needs, and which provides for the
care, protection and comfort of his body, for: the growth of his mind, and for
his social and emotional development.
For the purpose of these rules and regulations an infant is defined to be a child
from six (6) weeks of age to the time he is beginning to walk, and a toddler is
defined to be a child from the time he is beginning to walk to age -two (2) years.
112.
Exclusions and Exemptions
See DAY CARE CENTERS
(Day Nurseries)
113.
I-IHS Day Care Compliance
Not specified
DAY CARE CENTERS
(Infant-Toddler Care)
.INDIANA
120.
AGENCY RESPONSIBLE FOR LICENSING OF DAY CARE PROGRAMS
121.
Organization of the Administrative Unit
See DAY CARE CENTERS
(Day Nurseries)
122.
Responsible Official
See DAY CARE CENTERS
(Day Nurseries)
200. LICENSING PROCESS AND ENFORCEMENT PROCEDURES
210.
LICENSING PROCESS
211.
Promulgation of Regulations
See DAY CARE CENTERS
(Day Nurseries)
212.
Advisory-Body and Other Community Participation
Not specified
220.
LICENSING PROCEDURE
221.
Application and Issuance
Regulation 3-461 License for Infant-Toddler Care.
In order for a nursery to provide infant-toddler care it shall meet the
requirements of State Department Day Nursery Regulations inclusive of those
numbered from 3-401 through 3-456 and 3-460 through 3-472. Whenever there
is any conflict in requirements, the requirements contained in Regulations
3-460 through 3-472 which relate to the requirement shall prevail.
DAY CARE CENTERS
INDIANA
{Infant - Toddler ,Care)
A license issued to a nursery approved to provide infant-toddler care shall
haVe entered on its face that the nursery is licensed to care for infants and
toddlers, and shall show the maximum number of each age group for whom the
nursery is permitted to provide care.
Day nurseries which meet requirements for a license to provide infant-toddler
care may elect to include a group of two-year-olds as a separate unit within
the infant-toddler
section; if this arrangement is approved by the State
Department the face of the license shall so indicate and give the maximum
number of two-year-old children for whom the nursery can provide care in the
infant-toddler section.
Subject to the prior approval of the State Department, a nursery licensed to
care for toddlers may continue caring for a particular toddler in his child care
group for a reasonable length of time beyond his second birthday if the child
has a special need for uninterrupted care. Such care shall not be continued
beyond sixty days at which time the child must be transferred to the nursery's
two- year -old group if he continues in the nursery's care.
222.
Fee Charged
Not specified
223.
Areas of Investigation
See DAY CARE CENTERS
(Day Nurseries)
224.
License Renewal
Regulation 3-451 License for Infant-Toddler Care.
The license issued for infant-toddler care is subject to annual renewal and may
be revoked for
of the reasons any other day nursery license may be
"MID
revoked.
DAY CARE CENTERS
INDIANA
(Infant - Toddler Care)
225.
Co_nditicnal/Prcvisinnal Licenses
See DAY CARE CENTERS
(Day Nurseries)
226.
Substantial Compliance
See DAY CARE CENTERS
(Day Nurseries)
230.
ENFORCEMENT PROCEDURES
231.
Facility Inspections
See DAY CARE CENTERS
(Day Nurseries)
232.
Denial, Sus
n Revocation of a License
See DAY CARE CENTERS
(Day Nurseries)
233
Remedies and Sanctions
233.1
Hearings
See DAY CARE CENTERS
(Day Nurseries)
233.2 Decisions
See DAY CARE CENTERS
(Day Nurseries)
233.3 Judicial Review
See DAY CARE CENTERS
(Day Nurseries)
DAY CARE CENTERS
INDIANA
(Infant - Toddler Care)
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
311.
General Administrative Rewirements
Not specified
312.
Telephone
See DAY CARE CENTERS
(Day Nurseries)
313.
Proof
Operator Financial Capabilities
See DAY CARE CENTERS
(Day Nurseries)
314.
Iruran
See DAY CARE CENTERS
(Day Nurseries)
320.
PERSONNEL
321.
Publication of Personnel
See DAY CARE CENTERS
(Day Nurseries)
322.
Constraints Aire Employment
Not specified
330.
NON-DISCRIMINATION
331.
Requirements P ohibiting Discrimination
Not specified
DAY CARE CENTERS
INDIANA
(Infant-Todd' er Care)
340.
RECORDS REQUIREMENT
341.
Children
Regulation 3-466 Program of Infant-Toddler Care - Charts and Records.
Each day nursery shall devise a daily child care chart to be posted on the wall
in a conspicuous place in each infant and toddler room for the purpose of
reminding child care staff of individual and special health needs of children" in
the group.
This chart shall be amended as often as necessary to keep it
current, and shall have sufficient space for child care staff to note or to check
information which is important to record for each child, such as medication
which has been given, diarrhea, vomiting, continuous hunger,
refusal of
feeding, nose bleeds, injuries, skin rash or elevated temperature.
Each day nursery shall devise a plan for periodic recording of observations by
the child care personnel of changes in each child's behavior and responses as an
indication of intellectual, physical, emotional and social development or needs.
The person in charge-, of the infant-toddler section shall be responsible for
implementation of the plans for keeping charts and records, and for use of
such records to plan interviews with parents and to evaluate,program goals.
Regulation 3-468 Health Program.
Parents shall be required to
furnish
the
nursery with confirmation of
immunizations, health examinations, and other care provided by the child's
physician which will have a bearing on the child's care by the nursery, and the
information shall become a part of the child's record.
5D
DAY CARE CENTERS
(Infant-Toddler Care,
342.
Staff
See DAY CARE CENTERS
(Day Nurseries)
INDIANA
343.
Child Eligibility and Enrollment Requirements
I
See DAY CARE CENTERS
(Day Nurseries)
344.
Child Abuse Reporting
See DAY CARE CENTERS
(Day Nurseries)
345.
Confidentiality of Records Requirements
See DAY CARE CENTERS
(Day Nurseries)
400. GROUP
OMFOSITIONS OF CHILDREN
410.
STAFF/CHILD RATIO REQUIREMENTS
_ENTS
411.
/Child Ratio as of March l9
Regulation 3=463 Staff Ratios.
Insofar as it is passiblet, each infant shall be cared for by the same staff
member, especially for feeding and diape rig and during the periods when he is
falling to sleep and is awakening
The maximum number of infants per staff member providing direct care of
children shall not exceed four.
The maximum number of toddlers per staff member providing direct care of
children shall not exceed five.
In no instance shall a group of infants or toddlers have less than two staff
members responsible for them, one of whom shall be free of
all other
responsibilities while caring for the children.
7
Go
DAY CAltE-CENTERS
(Infabt-Toddler Care)
412.
Methods of Computing Staff/ChnotRatios
See 411. Staff /Child Ratios as of March, 1981
GROUP SIZE
421.
Group Size as of March, 1981
See 411. Staff/Child Ratios as of March, 1981
422.
Methods of Computing Group Size
See 41L Staff/Child Ratios as of March, 1981
INDIANA
500. STAFF QUALIFICATIONS AND TRAINING REQUIREMENTS
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
Age
Regulation' 3-462 Personal Qualifications' of Child Care Staff.
The staff person in charge of an infant-toddler group shall be at least 21 years
of age, and those working under such person who have not yet attained that
age shall at no time be alone with the children and responsible for them.
512.
Health
See DAY CARE CENTERS
(Day Nurseries)
Education
elation 3-462 Personal Qualifications of Child Care Staff.
Infant-toddler care personnel shall have the same educational qualifications as
those designated for the respective day nursery personnel positions as provided
in Regulations 3-411 and 3-412, except that successful completion of training as
a registered nurse or licensed practical nurse and experience in a nursery or
61
DAY CARE CENTERS
INDIANA
(Infant - Toddler Care)
pediatric ward of a licensed general or special hospital may be substituted on a
year for year basis for the education and experience required in such
regulations.
See also DAY CARE CENTERS
514.
Experience
Regulation 3-462 - Personal Qualifications of Child Care Staff.
Persons caring for infants and toddlers shall be competent and reliable and in
good physical and mental health; shall give evidence of an understanding of the
physical, emotional and social characteristics and needs typical of each stage
of growth and development of children through the age . of two; and shall
demonstrate the capacity for patience and warmth in their relationship with
this age group.
520.
PROGRAM DIRECTOR QUALIFICATIONS
521.
Age
See DAY CARE-CENTERS
(Day Nurseries)
522.
Health
.See DAY CARE CENTERS
(Day Nurseries)
523.
Edatiri
See pAf CARE CENTERS
(Day Nurseries)
524.
Experience
See DAY CARE CENTERS
(Day Nurseries)
DAY CARE CENTERS
(Infant-Toddler Care)
530.
SUPPORT STAFF QUALIFICATIONS
See DAY CARE CENTERS
(Day Nurseries)
INDIANA
540.
POST EMPLOYMENT
-SERVICt CRIi
ORIENTATION AND TRAINING
54L
Program Director
See DAY CARE CENTERS
(Day Nurseries)
542.
Child Caregiver Staff
See DAY CARE CENTERS
(Day Nurseries)
543.
orp11!aff
See DAY CARE CENTERS
(Day Nurseries)
600. PROGRAM OF ACTIVITIES INCLUDING EDUCATION
610.
PROGRAM REQUIREMENTS
611.
Program of Activities
Regulation 3-466 Program of
Child Care.
-Toddler Care - Individual Program of
The program of care for each child shall be planned prior to his admission by
the nursery director or person in charge of the infant-toddler section, in
cooperation with an experienced child care worker on the staff of the nursery
and the parent in order to assure consistency of care between the child's home
and nursery and that each child's daily nutrition, physical, developmental and
special needs will be met. All special instructions regarding the child's plan of
care shall be recorded and become a part of his record and a copy shall be
given to child care staff as a guide in caring for the child.
1
63
.DAY CARE CENTERS .
{Infant- Toddler Care)
INDIANA
elationship of Child Care Personnel to Each Child.
It shall be the duty of the child care personnel to carry out the detail of each
child's daily program of care.
Each child shall be under the direc
at all times.
ervision of a responsible staff
e b
Child care personnel shall give each child a. sufficient amount of time
attention to fully meet the child's individual needs.
Child care personnel shall handle each child in a manner that will promote his
growth and development, shall speak in pleasant tones in the nursery, and shall
teach children in a gentle, firm and consistent manner about dangers.
Daily Activities for Infants and Toddlers.
Each child shall be provided experiences which help him to develop his
capacity to relate to people and his awareness of his environment and of
himself as a person.
Activities offered the child shall be based on his physical maturity, individual
sensitivities and strengths, individual need for periods of rest and stimulation,
individual need to interact with adults and children, and individual ability to
cope with stress.
The daily activities for infants and toddlers shall be planned ahead and shall
consist of but not be limited to activities from each of the following
categories, according to the child's maturity and developmental needs:
Gross motor and fine motor activities;
Visual-rn6tor coordination activities;
Language development activities;
Development of other communication skills;
Direct experience with materials;
Activities
which
foster
social
and
personal
growth
through
individualized care by consistent mothering figures;
11
DAY CARE CENTERS
INDIANA
(Infant-Toddler Care)
Experiences which encour
the development of exploration and
satisfaction of curiosity;
Activities which help to develop organizing and categorizing skills.
Both infants and toddlers shall be taken out of doors daily when the weather
permits. Among their activities should be watching older, children at play,
observing and listening to surroundings, and engaging in whatever play is
appropriate and safe for their age.
f"-
ation 3-467 Physical Care - Toileting and Care and Diapers.
A
d shall be handled gently and spoken to lovingly while being changed.
Time of bowel 411lovements shall be entered on the daily chart, as well as other
significant observations such as signs of constipation or diarrhea.
Toilet Learning for Toddlers.
Planning how to help the child to use the toilet for bowel and bladder control
shall be done with the child's mother. The nursery shall discourage the mother
in any effort to start this learning process until the child shows a readiness for
and interest in keeping dry and clean, and demonstrates the ability to respond
to teaching efforts. This learning shall never be forced, and shall be handled
with consistency within the nursery, and so far as feasible, between the
nursery and the home.
The child's responses to such learning shall be discussed with the mother so
there will be coordination between the learning procedures at the nursery and
at home.
12
DAY CARE CENTERS
INDIANA
(Infant - Toddler Care)
Learning toilet habits= shall take place in, a pleasant, relaxed atm
Child shad never be forced to remain on the toilet fora prolonged period of
time. There shall never be punishment given for failure to conform or for wet
or soiled clothing.
There shall be provided a sufficient supply of clothing to keep children dry and
clean during the training process. If parents provide the extra clothing, each
d shall have a separate container for his clean personal items and a
parate container for his soiled clothing.
612.
program Equipment and Materials
Regulation 3-464
Infant - Toddler Section, Space 6: Furnishings
- Space &
Furnishings for Infant Care
Each infant room shall be equipped with a crib with a firm mattress and
individual bedclothes for each infant; a sufficient number of swings, walkers,
play per
and high chairs to meet the needs of the infants; a rocking chair for
each child care worker; and a lavatory.
Space & Furnishings for Toddler Care.
Each toddler activity room shall be equipped with stabilized low, open shelves
for toys; a sufficient supply of toys, child-size tables and chairs, high chairs
and other play equipment to meet the activity needs of each toddler; at least
one rocking chair for child care workers; and a lavatory if feasible.
Furnishings for Feeding.
An adequate number of tables and chairs, high chairs with a broad base and
harness for securing the child, or feeling tables with harness shall be provided
according to the age and development of the child. Tables and chairs shall be
of an appropriate height and size for the children's comfort and reach.
DAY CARE CENTERS
(Infant - Toddler Care)
INDIANA
Regulation -465 Environment and Equipment for Activities.
The indoor and outdoor environment shall be such to invite physical activ
learning and experimentation according to the child's age, and shall include
play objects that the child can use independently and that respond to his
actions.
The nursery room for infants shall be so decorated and equipped as to create
an environment that is quiet and restful, yet colorful with curtains, pictures
and play objects.
Play equipment for infants shall include articles to handle and play with which
are washable and there shall be a sufficient number for each infant to be given
four or five different articles during the day.
Play equipment for toddlers shall include a variety of toys and materials,
sufficient in number to allow each child a selection of two or more at any one
time.
Play materials and equipment shall be proilided from each of the
following categories :.
Art sup lies: Paper, large crayons
Blocks: Light weight, sturdy blocks of a size easy to handle
Books: Cloth picture books
Manipulative Toys: Pounding boards, push and pull toys, stacking toys
Music:
Child record player and child records, toy xylophone, bells,
other musical toys
Washable cuddly toys
Equipment for use outdoors shall include:
Strollers, jumping chairs, play pens, and infant carriers as necessary to
provide"a- safe and comfortable place for each infant, according to his
age and degree of physical activity, and small riding toys, safe swings,
low climbing structures, slides, push and pull toys, and balls for toddlers.
14
DAY CARE CENTERS
INDIANA
(Infant - Toddler Care)
613.
Nap Provision
Regulation 3-464 Infant, Toddler Section, Space and Furnishings - Space Sc
Furnishings for Toddler Care.
Each toddler shall have a separate cot with individual bedclothes. Toddlers
may sleep in their activity room or in a separate room not used b3Vany other
group of child-en. There shall be at least two (2) feet of space between cots.
If the activities room is used for sleeping, cots shall be stored in a separate
room or in a closet when not in use.
A nursery 'may elect to use cribs for toddlers. If cribs are used, the space
taken by the cribs shall be in addition to the 35 square feet of play space
required for each child, with three (3) feet of space allowed between cribs.
Regulation 3-467 Physical Care = Sleeping and Care of Bedding.
Sleeping periods shall be scheduled according to the i; age and needs of
individual children. When children are sleeping there shall be reasonable quiet
and subdued light.
An adult caretaker shall be present in the infant room at all times, even if all
the infants are asleep, to observe them and give them the attention and
protection they need.
An adult caretaker shall be present in or sufficiently close to the room where
toddlers are sleeping, to observe them at all times and to give them the
attention and protection they need.
During nap time if only one adult caretaker is with Eif =group of children, there
shall be at least one other available staff member within calling distance so
that no child will be left unattended at any time.
DAY CARE CENTERS
INDIANA
(Infant - Toddler Care)
614.
Discipline and Guidance.
See DAY CARE CENTERS
(Day Nurseries)
700. HEALTH AND SAFETY
710.
HEALTH
711.
General Health Retirements
See DAY CARE CENTERS
(Day Nurseries)
712.
Health Assessments
Regulation 3-468 .Health Frogram.
Each infant and toddler accepted for care shall have a written statement fr')rn
a physician including current immunization status, and formula and food
requirements.
An intradermal skin test sh
and yearly thereafter.
aired for each child at one-year of age,
Immunizations required in Regulation 3-428.1(d), booster immunizations and
periodic health examinations, shall be required in accordance with the
recommendations of the child's physician.
See also DAY CARE CENTERS
713.
Immunizations
See 712. Health Assessments
DAY CARE CENTERS
INDIANA
(Inf 'Int-Toddler Care)
714.
Sanitation
Regulation 3-464 Infant-Toddler Section, Space Sc Furnishing = Floor Covering.
The floor covering in infant and toddler rooms shall be easily cleanable and
safe for crawling, creeping, waking, --d playing.
Throw rugs are not
permitted. Carpeting and padding shall
a flame spread rating of between
0-75 and shall be vacuumed daily whin children are not present, and
shampooed as frequently as necessary to keep them clean.
Regulation 3-467 Physical Care.
Each child shall have prompt and adequate physical care.
There shall be adequate hygienic care given each child, including hand and
face washing and body cleansing as necessary to assure that each child is kept
clean. An adequate supply of soft washcloths and towels shall be provided and
each washing of a child shall be done with a clean cloth and towel.
Soiled
cloth washcloths and towels shall be laundered in the same manner as bedding.
Disposable towels are preferred.
All child care personnel shall practice good personal hygiene and shall wash
their hands before and after each child care duty including individual feedings,
bathing, and diapering, and there shall be adequate facilities and supplies for
this.
Sleeping and Care of Bedding.
All bed clothing shall be changed immediately when wet or soiled, and
otherwise once each day.
Bedclothing shall be laundered before being used
again.
All bedding shall be laundered in water- above 160 F for at e-:t 25 minutes.
DAY CARE CENTERS
(Infant-Toddler Care)
INDIANA
A
Soiled bedding shall not be allowed to accumulate for longer than 24 hours
before laundering.
If commercial laundry service is used, an adequate supply of bedding shall be
in reserve at all times to allow for delays in laundry pick-up and delivery.
Toileting and Care and Diapers.
If a child is changed in his crib, a clean pad shall be used during the changing
to protect bedding or a fresh sheet shall be provided after each changing.
If a common changing table is used, there shall be a soft washable padding on
the table with a clean strip of waterproof, disposable paper to cover it.
A
fresh protective strip shall be placed on the pad after each diaper change.
The child's body shall be properly cleansed when changed. The supervising
physician shall approve skin care procedures used by the nursery, and care
shall be taken to prevent contamination of common supplies.
There shall be a sufficient supply of diapers available at all times so that each
child can be kept clean and dry. Disposable diapers are preferred.
If disposable diapers are used, soil shall be immediately rinsed from them in a
flush stool and they shall be stored in a tightly covered sanitary container in a
plastic bag.
The bags shall be tied tightly and removed from the nursery
premises at the close of each day.
If there
is an approved incinerator
available bags shall be burned. If an incinerator is not available the bags shall
be disposed of daily in the same manner as used to dispose of unburnable trash.
18
DAY CARE CENTERS
INDIANA
(Infant-Toddler Care)
If the parent furnishes disposable diapers the supply shall be brought to the"
nursery in unbroken packages, stored separately, and desiknated as the diaper
supply for the individual child.
If cloth diapers
e used, soil shall be immediately rinsed from them in a flush
stool.
If cloth diapers are furnished by the nursery they shall be laundered by a
laundry service and shall be washed separately from other nursery linen.
Between pick-ups they shall be stored in tight
a condition which Meets other requirements
covered sanitary containers in
the laundry service.
Special
care shall be taken in the washing so that diapers will remain soft and free
from any substance such as strong soaps or chemicals or harmful bacteria that
might irritate or be absorbed through the infant's skin.
If cloth diapers are furnished by the parents, the supply for each child shall be
kept separate from diapers used for other children. The soiled ones shall be
stored through the day in a lightly closed container after proper rinsing and
shall be returned to the parent daily.
A deodorizing solution or granules should be used in diaper containers, and
when emptied such containers shall be cleaned and disinfected.
715.
flatly illness Screenin
See DAY CARE CENTERS
(Day Nurseries)
716.
Care of Sick Children
See DAY CARE CENTERS
(Day Nurseries)
19
DAY CARE CENTERS
INDIANA
(Infant - Toddler Care)
717.
Medication and Special Diet Provisions
See DAY CARE CENTERS
(Day Nurseries)
718.
Waiver of Health Requirements
See DAY CARE CENTERS
(Day Nurseries)
720.
SAFETY
721.
General Safety Requirements
Regulation 3-465 Environment and Equipment for Activities.
All articles which the infant
toddler is given to handle shall be non-toxic,
safe to put in the mouth, large enough that they cannot be swallowed, and
shall be without sharp edges or corners.
Regulation 3-471 Safety.
In addition to the requirements of Regulation 3-454, there shall be sufficient
staff on duty at all times, who have been trained by local fire officials in
evacuating infants and toddlers from the nursery, to evacuate the number of
such children under care at any time a fire might occur.
Furniture
a
u d t e pulled over by toddlers shall not be accessible to them.
All areas, surfaces and items including toys, cribs, jumpers and play pens with
which infants, including crawlers and toddlers, will come in contact shall be
free of any residual pesticides and paint containing lead or other harmful
materials or finishes.
722.
Fire Safety Requirements
See DAY CARE CENTERS
(Day NurSeries)
See also 721. General Safety Requirements
20
DAY CARE CENTERS
INDIANA
ant-Toddler Caie)
723.
Transportation
See DAY CARE CENTERS
(bay Nurseries)
724.
Safety Requirements for
uipment
See 721. General Safety Requirements
725.
Water Activities (Includin Swimming)
Not specified
726.
Emergency
ocedures
Regulation 3-489 Accidents and Sudden Illness.
All staff members who have direct contact with infants and toddlers shall have
basic knowledge of current first aid procedures, particularly control of
bleeding, treatment for shock, and artificial respiration.
See also 721. General Safety Requirements
72 7
First Aid Supplies
See DAY CARE CENTERS
(Day Nurseries)
810.
N UTRITION
811.
Not specified
Nutritiona
800. NUTRUION AND FOOD SERVICE
Reouirements
812.
Waiver of Requirements
Not specified
21
DAY CARE CENTERS
INDIANA
(Infant- Toddler Care)
820.
FOOD PREPARATION.
821.
Food Preparation and Service Re
Regulation 3470 Food Service.
Food service requirements of Regulation 3-440. shall be observed, except that
food vendor service shall not be used for infant feeding.
Individual Feeding Plan.
Prior to
toddler
is 'on, a .feeding plan shall be established for each infant or
toddler in consul ation with his parent and based on the recommendations of
the child's pediat clan or family physician.
When a parent does not have the child under the supervision of a pediatrician
or family physician, the feeding plan shall be established in consultation with
the parent and the nursery's supervising physician.
During bottle feedings, infants shall be held in the arms of adults familiar to
them in a quiet relaxed environment that will make feeding time a pleasant
experience.
Formulas and Care of Bottles.
The nursery shall not use fortnula prepared by a child's parents. Unopened
commercial formula may be provided to the nursery by the parents.
Commercially prepared
formula,
pre-mixed
and
ready-to-feed,
shall
he
provided. This formula shall be stored at the temperature recommended on
the container. It shall be stored only in a designated food storage area which
meets regulation RFD 17 and shall not be used beyond the expiration date on
the container.
The day nursery shall use one of the following plan
for serving commercial
formula:
22
DAY CARE CENTERS
INDIANA
(Infant- Toddler Care)
Commercially pre-filled, individuEil disposable nursers with attached
pre-sterilized disposable nipples may be used.
Cans of commercially 'prepared formula, pre-mixed and ready-to-feed,
may be us(ed, from which the formula shall be poured directly into a
sanitized Bottle, or into a sanitized nurser hull with a sterile disposable
liner, to which a sanitized nipple shall be affixed.
Remaining portions of formula that have never been poured from the
original containers may be stored at 40 Fahrenheit in a refrigerator
located in the infant food preparation room for no longer than 24 hours.
If a day's supply of bottles is prepared at one time, each bottle sell be
covered and labeled, and shall be stored at
40 Fahrenheit in a
refrigerator located in the infant food preparation room for no longer
than 24 ho'Ts.
Any formula remaining in a nurser after a feeding shall be discarded.
All permanent ware bottles and reusable nipples shall be washed and
sanitized after each use.
Milk.
When the physician indicates that an infant is to receive cow's milk, he shall
indicate whether to use whole or half-skim (2%) milk which has been
homogenized, pasteurized and vitamin D fortified. Use of powdered dry milk
is not allowed.
Milk shall be poured from the original container at feeding time directly into
the sanitized bottle or training cup, and all mused portions of an individual
feeding shall be discarded.
23
DAY CARE CENTERS
(Infant - Toddler Care),
INDIANA
Milk shall be stored a
40 F
enheit in a refrigerator located in the infant
food preparation room
A clean sanitized tra fling cup shall be provided for each child who is old
enough and ready to
ink from
Sanitizing Procedures.
Sanitizing of nursery hulls, training cups, plates, trays, silverware and other
utensils shall follow procedures of Regulation 3- 442(10).
ithel ition al care shall be given permanent ware bottles, nipples, collars, caps,
,xpanders and tongs as follows:
/.7
Pre-wash in hot detergent water. Scrub bottles and nipples inside and
out with bottle and nipple brush.
Squeeze water through nipple hole
during washing. Rinse well with clean, hot water.
Boil in clear water: bottles for five minutes; nipples and caps, collars,
expanders and tongs for three minutes; air dry.
Store in clean, advered container.
Hands shall be clean and care taken in handling techniques to prevent
contamination of clean bottles aiid nipples.
All procedures
relating
to
infant feeding by the day nursery shall be
established ace:). rding to the recommendations of the nursery's supervising
ysician, taking into account the ages and needs of the individual children in
care.
Water.
If the physician indicates that sterile water shall be offered the infant it
addition to his formula, a home sterilizer may be used to sterilize water,
bottles and nipples in one procedure.
24
DAY CARE CENTERS
INDIANA
(Infant - Toddler Care)
Solid Foods.
Foods, coin
only known as "baby food,' (cereals, strained or chopped meats,
vegetables and fruits) shall be commercial products purchased by the nursery
from an approved source. In certain situations equivalent foods may be
prepared in the nursery, or brought to the nursery by the parent in the form of
unopened commercial products.
After commerical containers have been opened, 'e jars shall be covered,
dated and refrigerated. Contents of opened jars shall be used within 24 hours
or shall be discarded.
If a child is fed directly from the jar, no other child shall be fed from the same
jar and any such jar shall be labeled with the child's name if stored for next-
feeding.
Only unopened commercia=l products may be furnished by the parents.
Food prepared at the center shall be used within 24 hours of its preparation
and shall be stored in the refrigerator in covered, sanitized containers.
The feeding plan for each child as required in Regulation 3-470(2) shall be
updated periodically by the physician in consultation with the parent.
This
plan shall include:
The kind and amount of food to-be offered;
The appropriate time food
is to be offered, and the schedule for
supplements such as juice, cereal, sterilized water;
The limitation on vitamins or any other type of food supplement or
medication which shall be given only on the written order of a child's
physician.
The feeding plan for each child shall be kept in the child's file, and a
copy shall be posted for the use of food service persons res
ible for
that child's feeding.
25
DAY CARE CENTEMS
INDIANA
(Infant-Toddler Cat.)
A variety of foocla
to
lor aced texture shall be offered each
Transition to Table >Il
oOds for T dlers.
A master menu for
Meals and snaal=ls shall be prepared one week in advance,
and planned to in.ltide all the dietary needs of children who are being
introduced to table
''oc)cl.s,and shall b
kept on file as served for one year.
The menu shall be p=osted in the kitcftnen where the food is prepared, as well as
in the area where lithe children are
ad, and where it can be reviewed by the
parents.
There shall be a sp=ige ci l menu postd for each individual child who does not
partake of the total_
rn &as planned ...or who has special dietary needs.
The growing ehild s
hoUld be eneoursged to learn to feed himself with a spoon,
but should also be am llolved finger foelot. Protective covering for the flair and
child shall be suppl_ied and the chil=ffs hands and face shall be washed before
and after meals.
Appropriate ftrnituvimee and eating Utensils shall be provided so that each child
has his own _comfortahle place for feding at the time he should be fed. When
a child is able and
seerns ready to iicljust to eating with others at a tabla,, he
may be placed at a
clads table wit1-1 no More than three other children'under
the supervision of
n adult. At all
eals, one adult shall be seated at the table
to supervise no roor--- e then four children.
There shall be a ecr----ntilytiing exchange of information between parent and child
care worker reggung how the chili is eating, his new eating skills, end the
new foods he enjoy.
DAY CARE CENTERS
(Infant- Toddler. Care)
INDIANA
See DAY CARE CENTERS (Day Nurseries) - 821.
Food Pre
ation and
Service Requirements
Not specified
900. SOCIA
SERVICES
1000. PARENT PARTICIPATION
Regulation 3-472 Interviews with Parents.
The nursery shall devise a plan for daily contact, and planned periodic
interviews with the child's parents in which there is interchange of information
about the child to assure continuing consistency of child care and mutual
awareness of the child's progress, development, and problems. This plan shall
be supervised by the person in charge of the infant-toddler program. Child
care workers shall actively participate in the parent-nursery daily contacts
and in the planned interviews.
1110.
PROGRAM OF
Not applicable
1100. INFANTSA D TODDLERS
TIVIT ES
1120.
HEALTH AND SAFETY RE UIRE ENTS
Not applicable
1130.
INFANT.NUTRITION
Not applicable
27
DAY CAll
CENTERS
(infant-T© CUIdler Care)
INDIANA
12,00. CHILDREN WITH HANDICA
P1NC CONDITIONS
1210.
P
GRANT
F ACTIVITIES
See DA
ARE CENTERS
(Day NUrSri es)
1220.
SAFETY REQUIREMEN
Not s
1230. SFFIN
Not Sped t
ed
CCIf AG1 CF-71-111, DREN
1310,
Not appli c=.a.ble
CRAM -0
1320.
1-1g-ALTH AND SAFETY REQUIREME
Not appli ez-- able
1400./ FACILIT
EN
1410,
S12,e.CE
RegulatioN.ra
3-464
In nt-Tothiler Section, space Ec
Furnishings
In a
Toddler 5
e tion.
The prorreEaam of care for Infants and toddlers 5-17 ball be conducted in a section-of
the sUrser
which is separated from areas used
for older children.
The infart-toddler section may consist of as many separate groups of no more
than eight
(8) infants sndseparate groups of n, :,o more than ten (10) toddlers as
the nurser` --y has sufficient available space, eq--=uipment, lavatories, toilets, and
staff as clterminedDy the requirements of the se regulations.
8
DAY CARE CENTERS
INDIANA
(Irdant-Toddler Care)
Space ac Furnishings for Infant Care.
No more than one group of eight (8) infants may be cared for in the same
room. The room shall be of a size to pre
vide no less than 35 square-feet of
floor space per infant
with sufficient
additional space as required for
necessary equipment and for staff to coz=rnfortably perform. child care duties.
space for a crib for each infant
i
included in the 35 square feet of
?.r aired space per irdant. There shall be r....at least three (3) feet between cribs.
Adequate storage space for Infant supply
and the personal belongings of each
infant shall be furnished and shall be in or
easily accessible to the infant room.
Space & Furnishings for Toddle Care.
No more than one group of ten (10) t
filers may be" cared for in the same
room.
Such room, referred to
as
toddler's activity room in these
regulations, shall provide a miiiimum of
thirty-five (35) square feet of play
space for e ch toddler.
Outdoor Activity_ Area.
Anoutdoorlactilfity area shell be providd which is appropriate and sufficient
in size for infants and toddlers. This stitll be enclosed to _assure safety, and
shall be separate from space used by olcir children. If the enclosed play areas
must be shared with older children, a schedule shall be arranged for= its use for
infants, and toddlers at separate times.
1420.
LIdliTING, VENTILATION, AN "I'-.1%4PERATURE
See DAY CARE CENTERS
(Day Nurseries)
1430.
Exns
See DAY CARE CENTERS
(Day Nurseries)
DAY CARE CENTERS
INDIANA
(Infant-Toddler Care)
1440.
TOILETS AND LAVATORIES
Regulation 3-464 Infant - Toddler Section, Space & Furnishings - Lavatory and
Toilet Facilities.
The infant-toddler section shall have its own lavatory and toilet facilities.
There shall be a Minimum of one changing table, one flush toilet
one
lavatory for each group of infants and for each group of toddlers, and these
shall be easily accessible to the child care staff. Nursery seats or toilet chairs
shall beprovided for children learning toilet habits. A nursery may elect, to
change infiints in their individual cPibs. If so, a changing table is not required.
Sanitizing procedures shall be observed for toilets, toilet chairs, nursery seats
and lavatories.
Soiled clothing shall be kept in tightly closed, individually marked plastic
bags. All soiled clothing shall be handled
such a way that clean clothing is
not contaminated.
1500. OTHER STATE REQUIREMENTS COMPLIANCE WITH OTHER LOCAL
STATE- AND REGIONAL LAWS AND REGULATIONS
1510.
ZONING
See DAY CARE CENTERS
(Day Nurseries)
1520.
FIRE-
See DAY GARE CENTERS
(Day Nurseries)
30
DAY CARE CENTERS
INDIANA
ant ant-Toddler Care)
1530.
B un, DING
See DAY CARE CENTERS
(Day Nurseries)
1540. HEALTH
See DAY CARE CENTERS
(Day Nurseries)
1550.
SANITATION
See DAY CARE CENTERS
(Day Nurseri
1560. NEW CONSTRUCTION
See DAY CARE CENTERS
(Day Nurseries)
DAY CARE CENTERS
IOWA
Except where otherwise noted, all citations are to the Iowa Department of
Social Service Handbook, Chapter 109 - Child Care Centers, July, 1975.
100. STATE LICENSING OF CHILD DAY CARE FACILITIES
110.
TYPES OF FACILITIES SUBJECT TO LICENSURE AS DEFINED BY
STATE STATUTES AND REGULATIONS,AND/OR LOCAL ORDINANCES AND
REGULATIONS
W.
De
IOWA CODE S237A.1 Definitions.
"Child day care" means the care, superVision, or guidance of a child by a
person other than the parent, guardian, relative or custodian for periods of two
hours or more and less than twenty-four hourS per day per child on a regular
basis in a place other than the child's home.
"Child care center" or "center" means a facility providing child day care for
seven or more children.
"Child day care facility" or "facility" means a child care center or registered
family day care home.
"Licensed cents" means a center issued a full or provisional license by the
department under the provisions of this chapter or a center for which a license
is being processed.
112.
Exclusions and Exemptions
IOWA CODE §237A.1 Definitions.
"Child day care" dogs not include an instructional program administered by a
public `or nonpublic school system approved by the department of public
instruction or the
st=
aoard of regents, a church-related 'Instructional
program of not m Ere than one day per week. or short-term classes held
between school term
DAY CARE CENTERS
IOWA
113.
MIS Day Care Compliance
Not specified
120.
AGENCY RESPONSIBLE FOR LICENSING OF DAY CARE PROGRAMS
121.
Organization of the Administrative Unit
COMMISSIONER
IOWA DEPARTMENT OF
SOCIAL SERVICES
DIVISION OF
Ct MMUNITY SERVICES
CI ILDREN'S BUREAU
(Licensing)
DISTRICT OFFICES
Day Care (Licensing)
Consultants
-.:
In Iowa, day care center licenses are issued and revoked at the state central
office level, while registrations for family day care homes are issued at the
district level. The day to day monitoring hacoons for day care centers are
carried out by district staff in 16 districts, and family day care home
follow-ups are handled by county staff.
2
DAY CARE CENTERS
IOWA
122.
Res onsible Official
All inquiries should be addressed to:
Program Manager
Day Care Services and Licensing
Children's Bureau
Division of Community Services
Department of Social Services
3619 1/2 Douglass Avenue
Des Moines, Iowa 50310
(515) 231-5581
200. LICENSING PROCESS AND ENFORCE ENi-PROCftaiRES
210.
LICENS NG PROC
211.
Promulgation of Rulations
IOWA CODE §237A.12 Rules.
The diiector shall promulgate rules setting minimum" standards to provide
quality child day care in the operation and maintenance of child care centers
and registered family day care homes relating to
The number and -qualifications of personnel necessary to au e the
health, safety, and welfare of children in the facilities.
Physical faciliti
The adequacy of activity programs and food services available
children.
Policies established by the center for parental participation.
Programs for education and in-service training of
a
o the
DAY Ce, CRITTERS
10 WA
Records kept by trie facilities.
Administration.
Health, safety, and medical policies for children.
Rules promulgated by the state fire marshal for buildings used as child care
centers as an adjunct to the primary purpose of the building shall take into
consideration that children are received for temporary care only and shall not
differ from rules promulgated for these buildings when they are used by groups
of persons congregating from time to time in the primary use and occupancy
of the buildings. However, the rules may require a fire-rated separation from
the remaining portion of the building if the fire marshal determines that the
separation
is necessary for the protection of children from a specific
flammable hazard.
Rules relating to fire safety and sanitation shall be promulgated under this
chapter by the state fire marshal and the commissioner of public health
respectively, in consultation with the department, and all rules shall be
developed in consultation with the state day care advisory committee. The
state fire marshal shall inspect the facilities.
212.
Advisory Body nd Other Community Participation
IOWA CODE §237A.21 State Day Care Advisory Committee.
There is established a state day care advisory committee to consist of not less
than nine and not more than fifteen members& from urban and rural areas
across the state.
The membership shall consist of one-third providers of
services, one-thf n interested citizens, and one-third parents of children
served. Members shall be appointed by the commissioner from a list of names
submitted by a norpinating committee to consist of one member of the state
day care advisory committee established pursuant, to this section, one member
of the day care unit of the department, and one member of a professional
ITO
4
DAY CARE CENTERS
IOWA
child care organization. Two names shall be submitted for each appointment.
Members shall be appointed for terms of three years but no member shall be
appointed to more than two consecutive terms. The state day care advisory
committee
shall'
write
its
own
operational
policies
with
departmental
approval. The member of the state day care advisory committee who submits
names of nominees for initial membership on the committee shall be a member
of the state .day care advisory committee established by regulation 220.4 of
the Social Security Act of 1967.
IOWA CODE §237A.22 Duties of the State Day Care Advisory Committee.
The state day care advisory committee shall:
Consult with and make recommendations to the department in the
promulgation of rules under this chapter.
Recommend improvements in the licensing and registration of facilities.
Advise the department on licensing policy, planning, and priorities.
770-109.1(237A) Administration.
A nonprofit child care center shall have a governing board which meets at
least quarterly and hasyarent representation. The board or operating body
shall formulate administrative rules and policies within the objectives and
purposes of the center.
The board or operating body of a nonprofit child care center shall provide for
the operation of the center with staff which meets the minimum requirements
established by the department of social services, shall provide for revenue for
financing of the center, job descriptions, and shall- develop personnel policies
and benefits.
DAY CARE CENTERS
IOWA
See also 1000, PARENT PARTICIPATION
220.
LICENSING PROCEDURE
221.
Application and Issuance
IOWA CODE 5237A.2 Licensing of Child Care Centers.
A person shall not establish or operate a child care center without obtaining a
license under the provisions of this chapter. A center may operate for a
specified period of time, to be established by. rule of the department, if
application for a license has been made. The department shall issue a license
if it determines that the following conditions have been met:
An application for a license or a renewal has been filed with the
director on forms provided by the department.
The center is maintained to comply with state health and fire laws.
The center is maintained
mply with promulgated rules.
A facility which is not a child care center by reason of the definition of child
day care but which provides care, supervision or guidance to a child may be
issued a license if the facility complies with all the provisions of-this chapter.
A record of the license shall be kept by the department. The licevise shall be
posted in a conspicuous place in the center and shall otate the particular
premises in which child day care may be offered and the number of individuals
who may be received for care at any one time. No greater number of children
than is authorized by the license shall be kept in the center at any one time.
DAY CARE CENTERS
IOWA
222.
Fee Charg
Not specified
223.
Areas of Investigation
See 231. Facility Inspections
224.
License Renewal
Not specified
225.
Conditional/Provisional Licenses
IOWA CODE S237A.2- Licensing of Child Care Centers.
The director may issue a provisional license for a period of time not to exceed
one year if the center does not meet standards required under this section. A
provisional license shall be posted in a conspicuous place in the center as
provided in this section. If written plans to bring the center up to standards,
giving specific dates for completion of work, are submitted to and apprcived by
the department promulgating the regulations, the provisional license shall be
renewable.
226.
Substantial Compliance
Not specified
230.
ENFORCEMENT PROCEDURES
231.
Facility
IOWA CODE 5237A.4 Inspection and Evaluation.
The local boards of health shall make periodic i
pections of licensed centers
to insure compliance with licensing requirements provided in this chapter. In
those instances where no local board of health exists then the director may
make periodic inspections of licensed centers as necessary to carry out the
provisions of this chapter. The director may inspect re
rds maintained by a
licensed center and may inquire into matters concerning
ese centers and the
persons in char.
DAY CARE CENTERS
See also 1520. FIRE
232.
Denial, Suspension, Revocation of a License
IOWA CODE S237A.2 Licensing of Child Care Centers.
A person denied a license under the provisions of this section shall receive
written notice of the denial stating the reasons for denial and shall be provided
with an opportunity for an evidentiary hearing. Licenses granted under this
chapter shall be valid for one year from the date of issuance unless revoked or
suspended in accordance with the provisions of section 237A.8.
IOWA
IOWA CODE S237A.8 Suspension and Revoca
0
The director,
after notice and opportunity _for an evidentiary
hearing, may
suspend or revoke a license or certificate of registration issued under
the
provisions of this chapter if the person to whom a license or certificate is
issued violates any provision of this chapter or if a person makes false reports
regarding the operation of the child day care
facility to the director or a
designee.
233.
Remedies and Sanctions
233.1
Hearings
See 232. Denial, Suspension, Revocation of a License
233.2
Decisions
Not specified
233.3 Judicial Review
Not specified
8
DAY CARE CENTERS
IOWA
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
General Administrative Requirements
770-109.1(237A) Administra 'on.
When a child care center
is incorporated, a copy of the Certificate of
Incorporation and bylaws relating to the child care center shall be submitted
to the Iowa department of social services. In the event any amendments to
the original bylaws are adopted, a copy of said amendment or amendments
shall be transmitted to the department of social services.
Incorporated
centers shall submit a statement of purpose and objectives. The plan and
practices of operation shall be consistent with this statement.
Unincorporated child care centers shall submit a written statement of
purposes and objectives to the department of social services. The plans and
practices of operation shall be consistent with this statement.
The child care center admission, intake, discharge and health policies shall be
defined, formulated and commensurate with the needs of the children and with
the purpose of the program.
The child care center operator or executive shall be responsible for the
center's administration and programs, and be concerned for
the
child's
development.
Centers
licensed
for
twelve
or
fewer
children need not comply with
administrative requirements except those for operator responsibilities and
reporting of child abuse and neglect.
9
DAY CARE CENTERS
IOWA.
770-109.2(237A) Records.
The child care center shall keep records and reports on the staff, including all
those persons counted in the child/staff ratio; the children; center finance
and attendance.
312.
Telephone
770-109.5(237A) Physical Facilities.
A telephone in working order shall be available in the center with emergency
phone numbers posted~ adjacent to the phone.
313.
Proof of Operator Financial Capabilitit
Not specified
314.
Insurance
Not specified
320. = PERSONNEL
321.
Publication of Personnel Polidies
Not spe
322.
Constraints A
Employment
IOWA CODE §237A.5 Personnel.
sta
members of a licensed center or registered home with direct
_,porisib. ity for child care shall have a conviction by any law of any state
involving
eivious acts with a child, child neglect or child abuse.
See -also 342. Records
10
DAY CARE CENTERS
IOWA
NON-DISCRIMINATION
331.
Requirements Prohibiting Discrimination
Not specified
340.
RECORDS REQUIRE ME N'TS
341.
Children
770-109.2(2) Records.
An individual file for each child shall be maintained in the center and shn.11
contain:
Enrollment information including an emergency telephone number, next
of ldn, and who has permission to pick up the child.
Name, address, and telephone number of the childs regular source of
health care.
Physical examination repo
condifions.
which shall include allergies and restrictive
ed immunization cards from the state department of health.
Parent permission for center-sponsored field visits.
Permission to secure emergency care and written plan of Procedure
signed by the parent.
Accident and incident reports for the child.
Any professionally prescribed treatment.
General Health lireouirernen
DAY CARE CENTERS
IOWA
342.
Staff
770-109.2(237A) Records.
Personnel records shall contain information on:
Employment application, including age, education, and
evious work
history.
A statement signed by each individual that there has been no conviction
by any law of any state involving lascivious acts with a child, child
neglect, or child abuse.
The status of any current treatment of alcr holism, drug abuse, or child
abuse.
Physical examination report or religious exemption waiver.
.t
Professional- growth and development showing a minimum attendance -of
six hours of in-service training anpually for each child care staff
person, and minimum attendance of one staff -person annually at a
workshop, conference, or
coll
curse
fon outside
professional
training.
Salary and benefit recur
343.
Child Eligibility and Enroll
Not specified
344.
Child Abuse Reporting
ent Requirements
770-1091(237A) Administration..
Requirements and procedures for mandatory reporting of suspected child abuse
and neglect shall be posted where they can be read by staff. Methods of
identifying and reporting suspected child abuse and neelect shall be discussed
with all staff.
12
DAY CARE CENTERS
345.
Confidentialit
of Records Re uire ents
IOWA CODE §237A.7 Confidential Information.
------
Anyone who acquires through the administration of this chapte
information:
the
relative to an individual in a child day care facility or to a' relative of
individual shall not, directly or indirectly, disclose the information except
upon inquiry before a court of law or with the written consent of the individu41
or, in the case of a child, the written consent of the parent or guardian Or as
otherwise specifically required or allowed by law.
This section shall not prohibit the disclosure of information relative to the
structure and operation of a facility nor shall it prohibit the statistical
analysis by duly authorized persons of data collected by virtue of this chapter,
or the publication of the results of the analysis in a manner which does not
disclose information identifying individual persons.
400. GROUP COMPOSITIONS_ OF CHILDREN
410.
STAFF /CHILD RATIO REQUIREMENTS
411-
Staff /Child Ratiolis of March 1981
770-109.4(237A) Personnel.
Staff ratio shall be as follows
Age of children
Two weeks to two years
Two years
Three years
Four years
Five years to ten years
Ten years and over
Minimum ratio of staff to children
13
One to every four children
One to every six children
One to every eight chll
_n
One to every =twelve children
One to every fifteen children
One to every twenty children
DAY ARE CENTERS
IO l A
Regardless of the staff ratio when seven or more children five years of age or
younger are present, basic minimum qualified child care staff shall consist of
two people on duty. Combinations of age grouping shall have staff determined
on the age of the youngest child in a group.
Every child-occupied program and nap room shall have adult supervision
present in the room. The minimum staff ratio shall be maintained in the
center during nap time.
Any child care center sponsored preschool aged program activity conducted
away from the licensed facility shall provide a minimum of one additional
-
responsible person over the ,r
a
equired staff ratio for the protection of the
children.
Centers licensed for twelve or fewer children need not comply with the adult
supervision requirement for 'child-occupied program and nap rooms.
412.
Methods of Computing Staff/Child Ra
See 411. Staff /Child Ratio as of
arch 198
420.
,GROUP SIZE
421.
Group Size as of March, 1981
See 411. Staff /Child Ratio as of March l9
422.
Not specified
lethods o
Group Size
14
DAY CARE CENTERS
500. STAFF QUALIFICATIONS ANFD TRAINING REQUIREMENTS
510.
CHILD CAREGIVER STAFF QUAL1F=
ATIONS
511.
Age
IOWA
770-109.4(237A) Personnel.
In these rules qualified staff shall mean 0= ,director or administrator or person
considered part of the staff ratio.
Persons counted
as
part
of
the staff
ratio, including the
irectbr
or
administrator, shall be at least sixteen y6ar---s of age.
512.
Health
See 342. Staff
513,
Education
Not specified
514.
erience
770-109.4(237A) Personnel.
Persou counted as
part
of the staff
ratio,
including
the
director
or
administrator, must be involved with chillren in programming activities and
shall meet the following requirements:
Demonstrate competence in working
independently with children.
At least one staff member on dut- y shall have a valid certificate in
standard first aid or documentation e
f equivalent training.
15
DAY CARE CENTERS
520.
PROGRAM DIRECTOR QUAL1FICAT
521,
Age
770-109.4(237A) Personnel.
The on site director or administrator shall be at least. eighteen. years of age.
IO WA
522.
Health
See 342. Staff
523.
Education
770-109.4(237A) Personnel.
The on site director or administrator shall have co
nipleted high school or an
equivalent program. Persons who do not mzeet this
educational requirement,
and who possess unusual qualifications or experien,7- fie in the child age group
with which they will be working, could be employer with the approval of the
department of,social services.
5241
Eerience
770-109.4(237A) Personnel.,
The on site director or administrator shall have two
years of administrative. or
program experience in a child care- center, or ties able to demonstrate an
equivalent amount of other child development relatd experience, employment
or educational experience.
530.
SC:
ORT STAFF QUAL IFICATIONS
Not specified
16
DAY CARE CENTERS
'IOWA
540.
P
T EMPLOYT
RIENTATION AND -TRAINING
541.
P-ogram Direr
770-109.1(237A), Adrr
The chit_ d care cent
an ongoi7-ig plan for
542.
C mild Carey
See 342.
Staff
543.
Stiport Staff
Not app=cabic
'lave or board shall proVide and carry out
dhvelopment.
S INCLUDING
610.
P _TaOGRAM REQU,_
611.
Program of Activities
770 -109.= 237A). Administration.
The chiL d care Center's presQhooi age program shall be appr-Driate to the
developr= ental lever,of the' childrind the defined' purpose of-- the program
shall not be a duplicaton of the elerratary school curr,icalura.
770-109. '237A) Activity Program 21cquirements.
The prpg-l-am conductd daily in a childcare center shall prcividak
E.-7---rperiences which prornote the individual child's physt.c.---Ll; emotional,
so cial and intellectual zroWthend well-being and shall pr--=vide for both
gr- 6st and fine motor develop mt.
.
-
17
DAY CARE CErlITEgS-
10%.A
A schedule of activities wi-ath -suff dent flexibilL____ty to respond to the
needs of the individual MIR& -7en.
Both
active
artd quiet learning
ciperiencea
which promote t
he
development
of
skills,
sz=cial
competence,
pelf- esteem,
positive
self -identity= and creative eression.
Experiences in harmony w
children.
612.
Program
the ethnic and cultural backgrounds of
he
770-109.7(237A) ActivityPrograrn E7Requirenents.
Play material and cqtaipment far
boili indoor and outoor play shah be
in
sufficient variety and quantity tz-La meet the interess and needs of t_he
children. Equipment and Inaterials-- shall besuitable for
the age range sere -ed
and shall be selected acQoNing to
lie type, ofsupervision
required.
Materials and equiprnemt shall be_ provided to eneourk7-7e muscular activitY9
social and dramatic playintellecttel growth, creative e=-__-xpression and'snall-
be
of safe construction and material
that are easily elea=7-ned When a child
is
eating or parti-ipating inproararnE ring activities at thr--, rtabke' there shall
be
eighteen or
e inches of table s,,ozaee per child.
613.
Hap_ ProvisiQrt
770-109.7(237A) AetivttyProgrant Eequirernents.
The program shall provide for
et
nap or
quiet time For all preschool
children pres6nt at the cote' r for fi eve 0- morchours,
A clean washable 1 ndiv :dud' cot, b wed, or erIG and heddi=ig to cover both at,
bed, or crib and child Stollhe prpv-t-rided for each child wEno naps. Mats may
be
substituted for physiealLyhandicappled- chilcItco,
DAY C
ENTE
IOWA -
Thert
-shall beat lest two 'feet of space on all sides of the co
ree
t Where the cot .=, bed, or crib touches the wall.
Utl.
iaciplie and
Guidance.
.7(237M Act=vity Progriim Requirements.
CorprEil P
shment
including spanking, shaking and slapping shall not be used
or crib
Pails-J-7, merit
Pitnis=±-1n1 e
or lack
purist
e
Moll is,
humiliating or frightening shall 1 not he used
shall not
= be administered because of a child's illness, or progress
-ztogress
in toilet training, -nor shall punishment , or threat of
tteossoci
aced with food or rest.
No cl
fld stAllbe st
jected. to verbal abuse, threats, or derogatory remarks
about
such ehildor si._=c11 child's family.
NOthi
this
shall preclude the use of professionally prescObed
treater e
zihe se Jerely retarded 'or handicapped; The treatment plan shall
be re
ordeal filthe
record,
700. I HEALTH ND SAFETY
711
111.
erIHeult
Re iiirements
IOWA
ed:3
Sn7A.5
Personnel.
ill prsc:flitaieL to lice nsed centers shall have good health as evidenced by a
report
f()L-19voihg a ire employment physical examination taken within six
months prior to'begit-_ filing employment, including communicable disease' tes
by a LlieWl-wc: piffiCI _an, at the time of initial employMent and every three
years
hereof-1er,
JDAY CARE CENTERS
t IOWA
770-109.3(237A) Health and Safety Policies.
The child care center shall require each preschool age child to have an
admission physical examination report signed by a licensed physician or
descignee in a clinic supervised by a licensed physician. This report shall
include an immunization record that is in compliance with the Iowa state -
hea=lth department _regulations. This written report shall include past health
history, status of present health and recommendations for continued care when
necessary. A new physical examination and report shall be Obtained annually.
For the school age
child, a copy of the most recent school physical
examination and immunization record shall be acceptable.
712.
Health Assessments
Not specified
713.
Immunizations
-See 711. General Health- Requirements
714.
Sanitation
770-109.3(237A) Health and Safety Policies.
Individual towels, paper or cloth, and facilities for keeping them Shall be
provided. If individual toilet articles are provided, they shall be kept in a
sanitary manner.
170-109.5(237A) Physical Facilities.
) The facility and premises shall be maintained -in a clean, sanitary, and safe
-Manner,
715.
Daily Illness Screening
770-109. (237A) Health and Safety Policies.
Each child shall have direct contact with a staff person upon his arrival for the
early detection of apparent illness, communicable disease, or unusual condition
or behavior which may adversely affect the child or the group. --'
1v.
20
'DAY CARE CENTERS
IO WA
716.
Care of Sick Children
770-109.3(237A) Health and Safety Policies.
A quiet area under supervision shall be provided for a child who appears to be
ll- or injured.
The parents or a eldsignated person shall he notified of the
child's health status.
717.
Medication and S = eeial Diet Provisions
770-109.3(237A) Health and Safety Policies.
The child care center,shall administer no medication including nonprescription
drugs to any child without the parents or guardian's written, authorization.
Parent authorization shall be on file for each prescribed medication. Each
prescription drug shall be accompanied 13y a physician's/pharmacist's direction.
The director or administrator shall designate one person at one time in each
assigned
group
to
administer
all
medications.
When medications
are
adniinistered, it shall be recorded and retained on file.
Medications shall be stored under proper conditions of sanitation, temperature,
light, moisture, ventilation, segregation, and security. All medication shall be
kept under lock and key, or stored in a refrigerator in a separate compartment
with proper security.
718.
Waiver of Health Requirements
770-109.3(237A) lic,:alth and Safety Policies.
Nothing in this rule shall be construed to require
rvdi,
treatment
or
immunization for staff or the minor child of any person .'
member of a
church or religious organization which
is against
medical treatment
for
disease.
In such instances, an official statement from the organization shall
be incorporated fn the record.
21
DAY CARE CENTERS
720.
SAFETY
721.
General Safe
re
uire
ents
IOWA
770-109.5(237A) Physical Facilities.
All stairways used by childten shall be poYided with 1-nand rails within reach of
the children and maintained free of all obstteles,
770-i05.5 (237A) Physical Facilities.
Premises used _for outdoor play by
vier shales be maintained in good
condition throughout the year; shall be fenced off
when located on a busy
.
thoroughfare or near a hazard which ill ELY be,ihjurius to a child; and shall
provide both sunshine and shade areas. 'Thepremises
shall be kept free from
litter, rubbish and flammable materials, at, all times ; and shall be free from
contamination by drainage or ponding of sewage, he usehold waste, or 'Storm
water.
722.
Fire SES9tyjit...9Aft ir e men t s
Not specified
723.
Transportation
770-109.4(237A) Personnel.
In transporting seven or more preschool
en, ant---
child care vehicle shall
have a minimum of two staff members or ottcradults- -present.
724.
Sp. f et
era
770-109.7(237A) Activity Program Re
All equipment shall be kept in good- coaditi oa, free 07 f sharp, loose, or pointed
parts, and, if painted, only lead free paint shall be u _sed. Permanent outdoor
play equipment must be firmly anchored.
725.
Water Activities
Not specified
DAY CARE CENTERS
726.
Erpszene -. Procedures
IOWA
770-109_3(237A) Health and Safety Policies.
The child care center shall have a written plan for medical emergencies and
written consent of the parent or guardian for enlergency care Of the children.
Disaster, such as tornado, flood and fire, escape procedures shall be developed,
posted, and practiced a minimum of monthly.
727.
First- Aid Su
Not specified
800. NUTRITION AND FOOD SERVICE
810.
NUTRITION
811.
Nutritional R uiremen
770-109.6(237A) Food Services.
Children at the center during regular meal times shall have available to them
a fult. balanced .meal which provides at least one-third of tM child's daily
nutritive allowances, except breakfast which shall provide at least one-fourth.
Each noon or evening meal menu shall include a bread or cereal type food, a
meat or meat substitute, a vegetable, a fruit and milk. Children remaining at
the center two hours or longer shad receive niidmorning and midafternoon
nourishment.
s shall consist of a variety of foods each day based on the following:
Breakfast - 1/2 cup of milk; 1/4, cup of juice or fruit; 1/2 sliCe of bread
or 1/4 cup of cereal or,equivalent.
23
DAY CARE CENTERS
IOW
ff
Lunch or supper
1/2 cup of milk; 1 ounce (edible portion as served) of
lean meat or an equivalent quantity of a protein food; 1/4 cup Of
vegetable ;. 1/4 cup of fruit; 1/2 slice of bread or equivalent; 1/2 teaspoon,
of butter, or fortified margarine.
---
812.
,Waiver of Requirements
Not specified
820.
FOOD PREPARATION
.
821,
Food Preiaration and Service Requirements
770-109.6(2371) Food Services.
.
A staff member shall sit with the children at meal
e_ snacks are
served.
Menus shall be planned at least one week- in advance. Such menus shall be-.
dated, posted, and kept on file at the center. Notations shall be Made for
special dietary needs Of the children.
Menu planning shall include a variety of foods and varying textures; flavors
and colors that will provide children
a
with many different food experiences, and..,
help stimulate their interests in foods.
Sufficient refrigeration space shall be provjded for.Polding perishable foods at
a maximum of 40 degrees F., and thermometers shall be maintained in the
refrigerator.
chens shall be clean, well lighted and ventilated, and free of rodents and
insects.
Aseptic techniques shall be used in the preparation of all milk mixtureh and
other foods prephred in the center.
24
,
1
DAY CA tE CENTERS
IOWA
rood ser4ce personnel Must maintain good personal hygiene and appropriately
covered hair while preparing and serving food. Food shall not be handled by
of
with open sores or bandages on their hands unless wearing protective
oyes.
A sufficient number of flytight, watertight garbage and rubbish containers
shall be provided to properly
store
all ',1haterial,-between
collections.
Containers must be maintained in a sanitary condition,outside the building and
away from the play area.
No chipped or cracked dishes shall be used.
Nondisposable dishes and silverware shall be properly cleaned by prerinsing or
scraping, washing, sterilizing and Airdrying. A dishwashing machine must
provide a minimum wash temperature of 140 degrees F. For hand dishwashing
at least p two coMpartment sink or comparable facility must be available.
Tableware shall be either rinsed in water of a minimum of 180 degrees F. or
rinsed in a chemical sanitizing agent and aft* dried. No tableware shall be
towel dried.
Water for drinking
d culinary purposes shall be from a p
lie water system
when available.
Drinking fountains shall be maintained in a clean and sanitary manner and shall
be so constructed and located as to be accessible for use by the children at all
times.
If drinldng fountains are not available, individual single service cups shall be
provided in a sanitary dispenser and used only once. When individual drinking
cups are used they shall be kept in a sanitary manner.
25
DAY CARE CENTERS
Not specified
900. SOCIAL SERVICES
IOWA
770-109.8(237A) Parental Participation.
Opportunity shall be provided for parents at :times convenient to them to
observe their children in the child care center and whenever possible to work
with the rogram.,
Whenever a nonprofit child care center provides day care
or forty or more
children, there shall be a/policy advisory committee or its equivalent at the '
policy making level. Committee membership shall include not less than fifty
percent parents or parent representatiVet; selected by the parents themselves
in a democratic fashion. The committee shall perform productive functions
which may include, but are not limited to:
Initiating suggestions and ideas for program improvements.
Assisting in organizing activities for parents.
Encouraging parental participation in the progr
1100. INFANTS AND TODDLERS
1110.
PROGRAM OF ACTIVITIES
770-109.5(237A) Physical Facilities.
An area shall be provided properly and .safely equipped 4for the use of the
infants and free from the intrusion of children over two years of age.
28
DAY CARE CENTERS
IOWA
770-109.7(237A) Activity Program Requirements.
A child care- center serving children two weeks to two=years old must provide
an environment `which protects the children from physical harm; but is not so
restrictive
as
to
inhibit
physical,
intellectual,
emotional
and
social
development.
Stimulation shall be provided through being held, rocked, played with and
talked with individually several times each day. Insofar as possible, the same
adult should care foethe same child. This includes care during feeding and
toileting.
When play pens are provided, no more than one child shall be placed in one at
any time.
Centers licensed for twelve or fewer children may substitute a playpen for a
crib providing all other requirements are met.
1120.
HEALTH AND SAFETY RE UIREMENTS
770-109;7(237A) Activity Program Requirements.
Each infant's diaper shall be changed as frequently as needed in his own crib or
on a surface which
cleaned and sanitized between each infant change. When
changing diapers the infant shall be washed and dried, using his individual
toilet accessories.
There shall be a covered, waterproof container for the
storage of soiled diapers and clothing.
Highchairs shall be eqpipped with a safety strap and shall be constructed so
the chair will not topple.
Washable toys, large enough so they cannot be swallowed, shall be provided.
Toys shall have no sharp edges or removable parts.
27
DAY CARE CENTERS
IOWA
A crib shall be provided for each infant. Each crib shall be of sturdy
ip
construction- with bars closely spaced so a child's-head cannot be caught, and
have -clean, .individual bedding, including sheets and blankets._ Crib railings
shall be fully raised and secured when the child is in the crib. Each mattress
shall, be completely and securely covered with waterproof material. When
plastic materials are used, they shall be heavy, durable and not dangerous to
children. A child shall not be placed directly on the waterproof cover. A- crib
shall be provided for the number of children present at any one time and, shall
be kept in a clean and sanitary manner and always cleaned and changed upon
the change can occupant. There shall be- no restraining devices of any type
used in cribs. The minimum, spacing between cribs shall be two feet on any
side except that which is next to the wall.
1130.
INFANT NUTRITION
770-109.6(237A) Food Services.
All children under six months of, age are to be held durin
are to be propped for children of_
age.
No bottl
Single service ready -to -feed fo4nulas shall be used for children for the child
who has a feeding problem.
Spoon feeding shall be adapted tc the developmental need of the child.
1200. CHILDREN WITH HANDICAPPING CONDI'T'IONS
1210.
PROGRAM OF ACTIVITIES
Not specified
1220. HEALTH AND SAFETY REQ
Not specified
28
DAY CARE CENTERS
1230.
STAFFIN
Not specified
1300. SCHOOL AGE CHILREN
1310.
PROGRAM OF ACTTYITIES
Not speCified
1320. HEALTH AND SAFETY REQUIREMENTS
Not specified
1400. FACILITY REQ
EN
1410.
SPACE
IOWA
770-109.5(237A) Physical Facilities.
The minimum program room size shall be eighty square feet.
The child icare -center shall have thirty-five square feet per child of usable
indoor flcior space maintained in a clean and sanitary manner. When floor
space ocCirpied by cribs is counted as usable floor space, there shall be forty
A,
square feet of floor space in those rooms: There shall be seventy-five square
feet in outdoor recreation area per child using the space at any given time.
Kitchens, bathrOoms and halls may not be counted in the square footage per
child or used as regular program space. Cooking stoves- shall not be placed in
the program area
For
grams
f two on one-half hours or less, outdoor
space may be waived with the approval of the department providing there is
suitable space and equipment.
In all centers, the following minimum requirements must be met: Ceiling
height shall be a minimum of seven feet, six inches for rooms above ground
level and a minimum of seven feet for rooms below ground level.
29
1
L)
DAY CARE CENTERS
-IOWA
1420.
LIGHTING VENTILATION AND TEMPERATURE
770-109.5(237.2W Physical Facilities.
Buildings not having air conditioners shall have a ratio of window area to floor
area of eight percent or more and all openable windows and doors shall be
screened with sixteen mesh wire. Areas used by the children shall be heated,
when the temperature falls below 68 degrees so a temperature of 6141111wes
to 72 degrees is maintained at the floqr level. Lighting with a (E8pacity to
produce a light intensity of twenty foot candles in the program area ghall be
provided. All rooms shall be ventilated, without drafts, by means of windows
which can be opened or by an air-conditioning or vent'
ting system.
1430.
EXITS
Not specified
1440.
TOILETS AND LAVATORIES
770-109.5(237A) Physical Facilities.
One functioning toilet and one lavatory for each fifteen children or fraction
thereof, shall be provided in 'a room with natural or artificial ventilation.
Training seats or chairs shall be allowed for children wider two years of age.'
- There shall be handwashing facilities with hot and cold running water for child
care personnel in rooms where infants are housed or in an adjacent area.
1500. OTHER STATE REQUIREMENTS - COMPLIANCE WITH OTHER LOCAL,
STATE AND _EGIONAL LAWS AND REGULATIONS
1510.
ZONING
Not specified
30
DAY CARE CENTEI S
IOWA
1520.
FIRE
IOWA CODE 5237A.4 Inspbetion and Evaluation.
The director shall require that the center be- ihspected: by ths.state fire_
marshal or a designee for compliance with rules relating to fire afety befdit
-a license is granted or renewed.
e See also 211. Promulgation
Regulations
1530.
BUILDING
Not specified
1540. HEALTH
_770-109.6(2371) ,Food Services.
Private water supplies for drinking, and culinary purposes shall be located and
constructed in accordance with recommendations outlined in the Iowa state
department of health bulletin, "Sanitary Standards for Water Wells". Water
shall be of satisfactory bacteriological quality as show_ n by an ual laporatory
analysis. When the facility provides care for children under tw&years of age,
a nitrate analysis shall also be 'obtained.
1550.
SANITATION'
See 211. Promulgation of Regulations and 1540. HEALTH.
1560. NEW CONSTRUCTION
Not specified
31
DAY CARE CENTERS
KANSAS
Except where otherwise indicated,-all citations
e to the Kansas Department
of 'Health and Environment, Regulations for Licensing - Child dare Ce ters,
May, 1979 (corrected February, 1980.)
100. STATE LICE
G OF cHIt.,p DAY -CARE FAC-iurFIES
110.
TYPES OF FACILITIES SUBJECT TO LICENSURE AS DEFINED BY
STATE STATUTES AND REGULATIONS AND/OR LOCAL ORDINANCES AND
REGULATIONS
Defim
- 28-4-300 Definitions.'
"Child care center" means a day nursery providing care foeseven (7$ or more
children, for part of all of a' ay or night, away from the home of the- otirent or
legal guardian; and includes full day child care,. nursery schools, play groups,
head start,- centers git.dng emphasis to programming, for special children,
-e
kindergartens- not operated by the public schools, and otherk esiablishrrients
offering,careto grOups of children for part or all of the day or night. Centers
for infants and toddlers or for handicapped children may have fewer than
seven (7) children but be licensed as a center because the program meets child
care center regulations.
KAN. STAT. A
Art. 5,585-503.
Section-1. Bo
g home defined. -The term boarding home for children as
used in this act means: (a)(l) A place maintained by anyone- who has in his or
her control or custody one or more children under sixteen (la) years bf age
unattended by parent or guardian for the purpose of providing such children
with food or lodging, or both, except children related to him or her by blood,
marriage or legal adoption; or (2) a children's home, orphanage or any day
niwsery or other institution of a type' determined by the secretary to require
regulation under the provisions of this act; or (S) an association, organization
or individual engaged in receiving, caring for or incing homes for orphans or,
deprived
children
or
children
needing
day
care
who
are
under
DAY CARE CENTE
sixteen (16)i years o
KANSAS'
or a place maintained by such associ
on,
organization or individual for the purpose of caring for .children under sixteen.
(lA) years of age; or (4) any receiving or detentici home for children under
sixteen 0.6) years of ,sage provided or 'maintained by, or receiving aid from any
city or county or the state. (b) The term boarding home for children shall not
include a family day care home as defihed in section 3.
112.
}Exclusions and Exemptions
28-4-200 Definitions.
Mother's day out ?i Other programs meeting three (3) consecutive hours or less
per week shall be exempt from licerksing.
HHS Day Care
o iplianee
Not specified
120.
AGENCY RESPONSIBLE FOR LICENSING OF DAY CARE PROGRAMS
nization o the Administrative Unit
Secretary
DEPARTMENT OF
SOCIAL AND REHABILITATION
SERVICES
Director
DWI ION OF CHILDREN.
YOUTH
Secretary
DEPARTMENT OF
HEALTH AND ENVIRONMENT
BUREAU OF MATERNAL AND
CHILD HEALTH
County Staff
DAY CARE CENTERS
KANSAS
Licenses are issued and revoked by the Kansas Department of Health and
Environment; in the licensing process, the Kansas Departibent of Social and
Rehabilitation Services is responsible for evaluation of staff, programs, and
adnuinistratiom
L
health
departments
are
responsible
for
facility
inspections, health programs, and nutritional services.
A
12
Responsible Official
All inquiries should.be addressed to
Director, Bureau of Maternal and Child
Department of Heilth and Environment
Building 740, Forbes AFB
Topeka, Kansas- 66620
(913) 862-9360
th
200. LICENSTC PROCESS A D ENFORCEMENT PROCEDURES
210.
LICENSING PROCESS
q
211.
Promul
ion of R.e= tilation.s
KAN. STAT. ANN., Art. 5, §65-508. Equipment, Supplies and Accommodations.
The secretary shall adopt rules and regulations-to 'implement the registration
provisions of sections 2 to 8, inclusive.
The secretary of health and environment with the cooperation of the secretary
of social and rehabilitation services shall develop and adopt rules and
regulations for the operation and ,maintenance of maternity hospitals or homes
or homes for children and for the granting, suspending or revoldng of licenses.
Therules and regulations for operating and maintaining maternity hospitals or
homes or homes for children shit_ be designed to promote the health, safety
and welfare of the residents who are to be served in sfich facilities by assuring
DAY CARE CENTERS
KANSAS
safe and adequate physical sirroundings, healthful food, supervision and care
.
-
Of the residents by capable, qualified persons of sufficient number, an
adequate program of activities and kervicesand such appropriate parental
participation as may be feasible Under the circumstances. The rules and
regulations with respect to granting, suspending and revolcing_licenses shall be
designed to promote the proper and efficient processing of matters relating to
icense to assize applicants and licensees. fair and. expeditious treatment
under the law.
212.
Advisory Body and Other Community Participation
28-4-206 Organization.
A cornmunity-sponsored child care center' shall be incorporated as a non-profit
corporation under the laws of Kansas and shall operate in accordance with an
established constitution and by-laws.
A community-sponsored non - profit child care center shall be governed by an
administrative board, one-third (1/3) to one-half (1/2) of whose members shall
be parents or parent representatives of children enrolled in the center elected
by the total parent membership of the center.
220.
LICENSING PROCEDURE
221.
Application and Nuance
28-4-201 Eligibility for license.
Applicant shall be eighteen 08) years of age at time of initial application.
Applicant shall provide evidence of his or her character and ability to are for
children.
iJ
4
DAY CARE CENTERS
KANSAS
28-4-202 Statement of services offered.
"/".
When maldng application to the bateau of:maternal and
d health division of
the Kansas department of health and environment for a license to conduct a
child care center,- the applicant shall
pregisely what services are
intended to be offered to children.
Advertisements shall conform to the
written statement of services as required by K.A.R. 28-4 -207 (a) M.' Under no
circumstances shall claims as to, specialized services be. made unims'the child,
care center is staffed and equipped
offer such services. No general claim
as to "state approval" shall be made unless the child care center has obtained a
full license issued by the Kansas department of health and environment with
approval of the division of children and youth, of the Kansas state department
of social and rehabilitation services.
r
28-4-203 Licensing procedures.
Any person or corporation desiring to conduct a child care center, shall apply
for a license to do so on Kansks department of health and environment forms.
No person shall conduct, a child care center unless
ed to do so by the
Kansas department of health and environment.
Children shall not bb enrolled for care trail an application for license has been
processed by the Kansas department of health and environment, and a letter of
acknowledgment has been received by the applicant.
28-4-204 Terms of license.
The number of children specified on the license shall be the maximum nuinber
of children authorized to be in the center at any one time.
The 'maximum number and age range of children who may be cared for in a
child care center at any one time shall be specified on each license.
5
DAY CARE CENTERS
KANSAS
Any child care center license issued shall be valid only for th'e- person, sponsor,
.
.
or address appeariig on the lidense.I A new application and fee are required,
for each change of 'ownership, sponsor or address of the center
Application may be. withdrawn at any time upon request by applicant
Should
the applicant wish tc resume the care of chil&ieri, a new application shall be
required by the state department of health and environment.
IRAN. STAT. ANN, Art. 5, S65-501 license required.
shall be unlawful for any person, firm, corporation or association to conduct
or maintain a maternity hoipital or, home, or a boarding, receiving or detention
home for children- under sixteen a6) years of age without having a license
therefore from the secretary of health and environment: Nothing in this act
shall apply to any state institution maintained. and operated by the state.
KAN. STAT.
ANN.., -Art.
5,
temporary license
refusal to
procedure.
5-504.
Licenses;
terhis
and
regulations;
ant license; revocation, notices; appeals;
The secretary of health and environment shall have the power to grant a
license to a person, firm, corporation or association to maintain a maternity
ospital or horne,°or a boarding home for children under sixteen (16) years of
age. The license shall state the name of the licensee, describe the particular
premises in or at which the business shall be carried on, whether it shall
receive and care for women or children, and the number of women or children
1
that may be treated, maintained, boarded or pared for at any one time. No
greater number of women or children than is authorized in the license shall be
kept or disposed of in a building or place not designated in the license. The,,,
license shall be kept posted in a conspicuous place in the hospital or house in
which the business is conducted. No lice'rse shall be granted for a term '
exceeding one year. The secretary of health and environment shall grant no
license in any'''case until careful inspection of the maternity' hospital or home,
DAY CA
CENTERS
.
or home- for children shall have been-Made accoriiing to the terms of this act;
and.until such maternity hospital' -or.home; or home-for children has complied
with all-the requirements of this act. No license shalt.be granted without the
.
-approval of the secretary of social and rehabilitation services.
222,
Fee Ch
24-4-203 Licenng Procedures.
A fee shall be requested when the applican
4E'
is notified that the.aPplicatiorl for
license -has been approved. The applicant shah hen forward to the Kansas
department of health and environment the license fee..
223.
Areas of lnvesti
KAN. STAT. ANN.,
Art.
5, .565-504
Licenses; terms and regidatiom;
temporary licenses; refusal to grant licens
revocation; notice
-appeals;
procedure.
In all cases where the secretary of social.and rehabilitation services.,d4ems it
necessary, an investigation of the home shall be made under the supervisign of
the secretary of social and rehabilitation services or other designated qualified
agents. For that purpose and for any subseque
investigations they shall have_
the right of entry and access to the pr-em' es of the hOme and to any
information deemed necessary to the Compton of the. investigation. In all
cases where an investigation is made, a report of the investigatioqi of such
home shall be filed with the secretary- of health and environment.
In cases
where neither approval or disapproval can be given within a period of 'thirty
(3O) 'days follwingtormal request for such a study, the secretary of health.and
environment may issue a temporary license without fee pending final approval
or disapproval- of the home or facility.
224.
License Renewal
Not specified
DAY CARE CE-14TERS
KANSAS
225.
Condit
Not specified
P rovisiona
226.
5ubstantal Compliance
28-4-220 Cornpoliance with regulations.
excep..lions to the revised regulations may be allowed by the joint
licensing eornimittee where it is found that such exception would not violate
the existing ap-plicable statutory requirements, nor discriminate against other
existing licenses holders. The nature of the exception, the conditions attached
to it, and its .duration shall be in writing', and written notification shall be
given to the chid care center licensee.
230.
ENFOR=EMENT PROCEDURES
231.
Facility Inspections
KAN. STAT. Ainz-N., Art. 5, S65-512 Inspections.
It is hereby n ade the duty of the division of health of the department of
health and envF_I-oriment to inspect or cause to be inspected at least once every
six (6) months every maternity hospital or home, or home for children, and for
that purpose i t shall have the right of entry and access thereto in every
department ark
to every place in the premises and shall call for and examine
the records wlxich are rewired to be kept by the provisions of this act and
shall make and
preserve a record of every inspection. The licensee shall give
all reasonable information to the airkhorized agent of the secretary of health
® and envirorane=rt and shall afford every reasonable facility for viewing the
premises and s=eing the patients therein. No patient without her consent shall
be required te, be interviewed by any agent unless the agent shall be an
authorized per= on or a licensed physician.
123
DAY CA RE CENTERS
232.
Denial, Stisperrsion, Revocation of a License
KANSAS
KAN. STAT. ANN., Art.
5,
565-504
Licenses;
terms and
regulations;
temporary licenses; refusal to grant license; revocation, not EJ--es; appea
procedure.
Whenever the secretary of health and environment shall refuse
to grant a
license to an applicant, he or she shall issue an order to that effet stating the
reasons for such denial; and within five (5) days after the issuim.nce of such
order shall notify the applicant by certified mail of such refusal bpy forwarding
to such applicant a certified copy of the order-
When the secretary of health and environment finds upon invest=igation or is
advised by the secretary of social and rehabilitation services the
any of the
provisions of this act are being violated, or such maternity hospital or home,
or home for children is maintained without due regard to the heith, comfort
or morality of the residents, the secretary of health and envirnnment shall
after reasonable notice issue an order revoldng such license; as
such order
shall clearly state the reason for such revocation. Such revoca-tion shall be
noted upon the face of
e record and the secretary of health and
environment
shall give notice in writing of such revocation by forwarding a ertified copy
of the order to the licensee by registered or certified mail.
KAN. STAT. ANN., Art. 5, 565 -506 Unlicensed hospitals or homes-
The secretary of health and environment shall serve written rt atice to the
secretary of social and rehabilitation sery...
and to the judge of the district
court and to the county, city- county and rn ulti- county department of health in
every city and county in which a maternity hospital or home, czn- home for
child-en is located, of the issuance of a license to conduct suclfri hospital or
home, or the revocation of such license; and the secretary of social and
rehabilitation services, the judge of the district court or other o-fficir or any
person shall not place or cause to be placed any maternity pataent or child
under sixteen 00 years of age in any maternity hospital or home, or home for
children not licensed by the secretary of health and environment.
9
DAY CARE CENTERS
KANSAS
KAN. STAT. ANN., Art. 5, S65 -510 Type of patientsnot
_rmit
revocation of license.
It shall be unlawful for any home for chil&en to receive or care for any aid
or indigent adult; or a person afflicted with any dangerous communical=ble
disease, or anyone over twenty-one (21) under the sineillance of the pall lee
power of the state, or of any county or city in the state; and the presence
of
such person in the home for children shall be cause fora refusal of the licerwme
and shall require immediate revocation of a license in force.
233.
Remedies and Sanctions
233.1 ll earin
KAN. STAT. ANN., Art.
5,
S6 5-5 04
Lice
es; terms and regulations;
temporary licenses refusal to grant license;
revocation, notices appea_als;
procedure.
Any applicant or licensee aggrieved by the order of the secretary of health and
environment in denying or revoking a license may appeal therefrom by fill
a
petition specifying the action of the secretary Lot health and envirc3nrntmant
appealed from, in the district court of the county in which the applicant
or
licensee resides, within thirty (30) days after receipt of a copy of the order
of
the secretary of health and environment; and the court shall have the
jurisdiction to affirm, reverse, modify or vacate the order complained of if the
court is pf the opinion that the order was arbitrary, unlawful or unreasonab;A=Ile.
Within seven (7) days after the petition has been filed in the district evict:art,
notice of the appeal shall be given to the secretary of health and environrnnt
and to the secretary of sociaLand rehabilitation services by mailing certifilded
copies of the petition, by certified mail, to the secretary of health amend
environment and to the secretary of social and rehabilitation services. Up=on
receipt of such notice the secretary of health` and environment and tithe
secretary of social and rehabilitation services shall, forthwith make available,
for examination and inspection; to the applicant and the attorney of tithe
applicant all their records pertaining to such matter.
125
10
DAY CABE CENTERS
KANSAS
From the judgrnent of the cp-clistrict court, appeal may be taken to the court of
appeals as in other civil a._ctions. An appeal to the distriCt court or to the
court of appeals shall noM operate to stay the effect ;Of an order of the
secretary of health and a environment; unless the judge or the court shall
specifically allow such a steamy.
233.2 DecOOrs
See 233.1 Hear
233.2 Judicial Review
RAN. STAT. ANN., Art.
5, S65-514
Penalties for violations of
605-515,
501 to
Any person, firm, corporati
on or association who shall violate the provisions of
any section of this act shaliEll be guilty of a misdemeanor and upon conviction
shall ha fined not less that um five dollars ($5) nor more than fifty dollars ($50).
Each and every day that hurte or it shall fail or refuse so to comply shall be
deemed a separate offense
under the provisio\s of this act. If for thirty (30)
days after any final convicion for such violation or revocation of license he or
it shall still fail or refuse 2-to comply with the orders in the above notice, upon
five days' notice from the earetary of health and environment the building-or
premises where such home
is conducted may be closed until all proNdsions of
this act shall have been corr-nplied with.
KAN. STAT. ANN., Art. 5,
65-515 Prosecutions.
The county attorney of each county in this state is hereby authorized and
required, upon complaint c=vf any authorized agent of the secretary of health
and environment, to file cor-zmplaint and prosecute to the final determination all
actiorsor proceedings agair=ist any person under the provisions of this act.
p ,;
---
CENTERS
300. ADMINISTI AnoN
=ENERAL ADMINISTRATION
311.
=eneral Administrative Requirements
ISILNSAS
28-4-207.7 Administration.
A child
care center shall have a written description of the type and extent of
services to be offered to children and their families. Parents and the licensing
agencies shall be notified of substantial changes in staff or services of the
center.
28-21) general staff requirements.
Centers
shall establish employment and recruitment policies which recognize
the irriortance of including males, various racial and ethnic groups and
neigh 41:rom:rhood residents as staff or volunteers.
Centers
with enrollment requiring only one
(1) .a
'all have two
(2).
addition- -al adults on call in case of illness or emerge
Names and phone
number
of these adults shall be posted at the center, and their health
certifictes shall be on file.
Staffing and grouping patterns shall be developed to provide children with an
intimates and consistent relationship with an adult and an opportunity for close
friendsk _ips with other children. (1) A plan shall be presented to the licensing
represeiitative which indicates the center's plan for staff and grouping of
children
When v-w-olunteers and part-time employed staff are used, they shall be
rponsi
tie to the program director. Appropriate staff time shall be planned
for odevtation and supervision of volunteers.
Single om, multi-unit centers shall have adequate janitor service to keep center
clean daily. y. Center shall be left in clean condition at the end of each session.
127
12
DAY CARE CEIVIRS
KANA_ S
All employed staff rnerribers shall provide personal and work references,
college transcriptsand cr tificates of training to the owner or corpcwraticn at
time of application for
rriploym-ent. These records are to be retainoed in the
employee's file at the ceraat et's administration office.
28-4-220 Cornplianee Witter, Regulations.
The child care center's 1 icense shall be prominently displayed as rewired by
law.
A copy of the "Regulati cans for Licensing Child Care Centers for ihildren"
shall be kept on the prerainises at all times. SuCh copies shall be furmished by
the bureau of maternal
t.rid child health of.the Kansas department f health
"47
and environment.
312.
Telephone
28-4-208 Environmental standards.
There shall be a telephome located on the premises and readily mvailable.
Emergency numbers such
as fire, police, hospital, and poison contra=4. center
and ambulance shall be pted by the phone.
313.
proof of Operator _-.Inancial Capabilities
28-4-202 Statement bf Srvices Offered.
The center shall maintain
the following general records for eview by
licensing
staff:
Record of
payr=lents.
Financial
records
in
community-sponsored
or nary - profit
centers
including an annual audit by an independent public accou=ntant or
commit tee authori=ecl by the board.
13
DAY CARE CENTE
314
ante
28-4-207 Administration
Insurance.
Liability and accident kinstrance shall
center.
320.
PERSONNEL
321.
Publi
of Personnel Policies
KANSAS
ri Children and staff at the
28-4-207 Administration.
The center shall have written personnel policies, procedur-e8, and personnel
practices.
Personnel policies shall be reviewed annually by staff or administrative board.
322.
Constraints Against m ployment
28-4-201 Eligibility for LiceTe.
A 'license shall not be issued to a child care center when an adult member of
the staff is under investigation by law enforcement agencies, or known to have
a confirmed incident of child abuse or neglect, or sexual offense.
330.
NON-D C KI
NATION
331.
Requirements Prohibiting Discrimination
28-4-207 Administration.
Admission policies shall The non-discriminatory in regard to race, color,
religion, national origin, ancestry, or sex, in accordance with Kansas civil
rI
ts statute K.S.A 44-1009.
14
DAY CARE CENTERS
KANSAS
340.
RECORDS RE QUIREMENTS
Children
284-207 Administration.
Th center shall maintain the followring
f:
Attendance record for children and staff
or review by licer ing
,Children's records.
(1) Identification and emergency information for each
child shall be readily accessible to the telephone.
This information shall
include
date of birth, and sex of child.:
Scheduled hours oP are.
Names, homes ai
leii guardian.
business address ai
Name, address, and telephone nu
to notify in case of emergency.
one numbers of parents or
ysiciah, hospital,
person
Persons authorized to call for child or mode of Irans
from center.
A file shall be maintained for each child which includes:
Application for enrollment.
Developmental history of child.
ed permission of the parent
Field fri
he following:
13o
to and
DAY CARE CENTERS
KANSAS
Each Medical, developmental or psychological evaluation after
compete information is provided to the parent.
Child to be sutJect for research.
Pictures for publicity pu poses.
Trade!
of rec
School-age child to walk to and
m center and to atten
activities away from the center.
.Accident reports.
342.
Staff
28-4-2b7 Administration.
The center shall maintain attendance records for chil&en a
by licensing staff.
343.
Child Eligibility and Enrollment Requirements
28-4-205 Children receiving care.
Children receiving care in child care centers shall be between the
(2) weeks and sixteen ao years.
or review
Centers may enroll children for irregular care as follows:
Children enrolled at an irregular basis shall not cause the center to
exceed its licerse limit at any one Cl) time.
Children under six (6) years who
e enrolled for irregular care shall
remain at the center at least two (2) consecutive hours.
A health record as defined by K.A.R. 28-4-213 shall be presented to the
center at the time of the child's admission.
- l6
1
DAY CARE CENTERS
KANSAS
28-4-211 Admission policies.
Arrangements for the admission of chilcten shall be made prior to the day on
which child enters the center.
The child shall be given the opportunity to visit with his parent until he is
ready to stay all or part of the day.
Parents shall be infoined when religious training
a
program of the center.
344.--
Child Abuse Re
Not specified
345.
Confidentiality of Records Requiremen
.Not specified
400. GROUP OOMPOSrrIONS OF CHILDREN-
STAFF/CHILD RATIO REQUIREMENTS
Child Ratio as of Marrdt
28210 General staff requirements.
The ratio between teaching staff and children shall be determined
e age
of children and services
prol.dded.
Only persors who spend
at least
seventy-five percent (75%) of their time when at the center in providing direct
care for children shall be counted in the following adult-child ratios:
the child care
13
17
DAY CARE CENTERS
KANSAS
programs providing LE and part -day care:
Age of Children
Adult Rata
Maximum
Per Unit
Infants (2 weeks to 18 months)
1 to 3
9
To_ dders
(18 months to 2 1/2 years)
1 to 5
10
3 to 4 years
1 to 10
20
4 to kindergarten entrance
1 to 10 full-day care
20
1 to 12 part-day care
24
Kindergarten enrollees
1 to 14
28
Mixed age, group:
Infants to 6 years
1 to 4 (max. 2 infants)
8
(max. 4
infants
2 1/2 years to 16 years
1 to 9
18
3 years to 16 years
1 to 10
20
Programs providing evening and night-time care:
Day time adult-child ratio shall be followed during mil,
and dressing hours.
Two adults shall be present at all tinier, one of whom shall be
awake. Not more than one adult shall sleep in room with children.
412.
Methods of Computing Staff /Child Reim
Not specified-
420.
GROUP S1 E
421.
Group Size as of March. 198
28-4-205 Children receiving care.
Children shall be given care in self-contained units with the maximum
enrollment of the center to be not more than one 'hundred (100) children per
session. Centers which cannot develop self-contained units shall present a
plan for space use to the state licensing staff for approval.
133
18
DAY CARE CENTERS
KANSAS
`Permission shall be granted to exceed the maximun
000) children under the following conditions:
provided during the summer for school-age child-en.
Separate indoor space and outdoor play area sh
422.
Methods of Computing Group Sipe
See 421. Group Size as of March, 1981
enrollment of one hundred
The program shall be
500. STAFF QUALIFICATIONS AND TRAINING REQUIREMENTS
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
Not specified
512.
Health
28-4-213 Health Care Policies.
All staff mist be free of communicable diseases and of such a state of health
and freedom from physical handicaps as is necessary for them to adequately
and successfully care for child-en in a child care center.
All staff who will have contact with the children shall have a health
assessment conducted by a licensed physician_ or by a nurse practitioner, prior
to employment and every three (3) years th
eafter.
Results of the assessment shall be recorded on fprms supplied by the Masses
department of health and environment and kept on file at the center or the
local health department.
19
1,3.1
DAY_ CARE-CENTE
KANSAS
The trriti al health rmissessment fir persons over
sixteen am shall include a
record (of tilberculinu_ test or x-ray obtained vvithita ri. the past two (2) years. AU
reactors and those wvith history of previous reaction shall have a chest X-ray.
Teat or X-ray, results shall be recorded on the j person's -health record. The
Karatat$ deportment of health and environment shill be notified when tests are
positi, ve .
Should significant ixposure to an open easajo
tuberculcsis occur or should
symptorra earn palitiMe with tuberculosis develop arbetweeri health assessments,
the Per4onshall be
retested.
tuberculin or Xrayed as appropriate and he
proper treatment or
prophylaxis instituted. liesul-_ts of such follow-up shall be
recorded In the per-ort's health record and the hemmtlth department shall be kept
infortneed.
All ferntymembers
residing in tli,esame location
as the child care center shall
obtain halth asse!ss=ents as described above.
An adult who is ovi-----4er sixty-ft
(130 years of age, or an adult who has been
under regular treatment of a physician for partEa cular medical problem shall
secure a yearly wri teen staternent from his or h.- ier personal source of health
care thathlsor her :physical and Mental- health
sufficient' to care for young
hildrerk, This stater.
dent shall_be }opt with the remquired health certificate.
513.
t due
Not specified
514.
xperience
28-210 General stall requirements,
Every (tenter or sel.-contained rite shall have at
least one
staff person on
duty at all times wlio is between the ages of eigi--oteen 08) and sixty-five (65),
has a Minimum of a
high serool diploma or its eou _ivalerrt, andje lmowledgeable
about ctogdevelop
methods of guidance a.nLd educe_ tioi of childrem who
is sensitive\to the
ree
of .
childretuzrq who has skills in human
relationsnecessary
to relate to other staff, parerits, and community; and who
is of goodrnoral et
-aster.
20
DAY CA
I-
NTH
a
KANSAS
Centers approved as demonstration or training centers shall have staff
meeting qualifications listed in 28-4-210 (k) and shall be recommended by local
or district licensing staff.
520.
PROGRAM DIRECTOR QUALIFICATIONS
521.
Not specified
522.
Health
See 512. Health
523.
Education
28-4-210 General Staff Requirements.
Single or multi-unit C4nters licensed for ten (10) or fever children under six (6)
years of age (or twelve 012) four (4) and five (5) year olds in pant-day session)
shall have a staff person who meets the requirements included in K.A.R.
28-4-210
(f) in one of the following ways:
(1)
Six (6) months teaching
experience in a licensed center with children` Of same developmental age as
being served in present center, clic
Five (5) sessions of observation for not less than 2 1/2 consecutive hours per
observation
in
approved
child
care
center
serving
children of same
developmental age as being served in present center. Applicants- for-full day
care shall plan their observation so that all daily activities (morning lunch,
nap, late afternoon) can be observed, and
Attendance at one RAE Yeor state-approved workshop and one statewide
professional meeting; or an approved two (2) day workshop, or
21
13,
DAY CARE CENTERS
KANSAS
A minimum, of three (3) semester hours of academic study or equivalent
training courses in child development and curriculum resources; and supervised
student observations in high school or college, or 3 months work experience,
with children of_same developmental age as being served in present center, or
Child development associate credential.
Single or multi-unit centers licensed for eleven ill) to twenty (20) children
under six (6) years (or twenty-four (24) four (4) and five (5) year olds in
part-day session) shel have a program director who meets the requirements
included in K.A.R. 28-4-210 (f) in one of the following ways: a) (A) Five (5)
sessions of observation for not less than two and one-half (2 1/2) consecutive
hours
per
observation
in
approved
centers
serving
children of same
developmental age as being served in present center. Applicants for full day
care shall plan their observations so that all:daily activities (morning, lunch,_
nap, late afternoon) can be observed; and
One a) year of teaching experience in a licensed center with children of same
developmental age as being served in present center, or
Seven (7) to nine (9) semester hours of academic study or equivalent training
courses in child, development, curriculum resources, nutrition, guidance and
education for young childrerg and three (3) months teaching experience in a
licensed center with children of same developmental age as being served in
present center, or
Child development associate credential.
Multi-unit centers licensed for more than twenty (20) children (or more than
twenty-four (24) four (4) and five (5) year olds in part-day session) shall have a
program director who meets the requirements included in K.A.R. 28-4-210 (1)
i-n one a) of the following ways:
(1) Twelve 02) semester hours of academic
study
or
equivalent
training
courses
in
i hild
development,
22
DAY CARE CENTERS
ICANS4
curriculum resources,, guidance of young chil&en, human relations, child care
center administration, and parent education and practcum; three (3) years
teaching experience in a licensed center with children of same developmental
age as being served in present center, or
Child development associate credential, and two (2) years teaching experience
in a licensed center with children of same developmental age as being served
in a present center, or
Associate of arts degree or two (2) year certificate in child developn4nt and
two years teaching experience in a licensed center with children of same
developmental age as being served in present center, or
A.B. or B.S. degree in child development or early childhood education, and
three (3) months teaching experience in a_licensed center with children of
_
same developmental age as being served in present center, or
A.B. or B.S. degree in related field, and twelve ci.2) hours of academic study or
equivalent training courses in human relations, child development, curriculum
resources, parent education, practicum, and administration of programs for
children of same developmental age
being served in present center; and
three (3) months teaching experience in a licensed center serving same
developmental age as being served in present center.
Multi-unit centers shall employ one adult per unit who meets requirements
described in 28-4-210 (i) or (j), depending on the size of the unit.
DAY CARE CENTERS
524.
KANSAS
28-4-210 General Staff Requirements. -
Centers serving. over twenty (20) children shall have a part pr full-time
administrator who may be the owner, a volunteer, a paid employee, or a
teacher utilized not more than twenty -five percent (25%) of his or her time as
administrator. The administrator small have:
Knowledge of the needs of programs for young children,
Human relators skills to relate to the board of directors, parents, and
the community;
Training or experience in administrative skills (budgeting, bookkeeping,
record keeping, etc.).
Centers serving three (3) or more units of child-en shall have a program
director separate from
the
classroom
teaching staff who meets
the
requirements of K.A.R. 28-4-210 (k).
Centers serving more than five (5) units shall designate an r.ssistant director
hormeets training requirements in K.A.R. 28-4-210 (J).
The program director of child care centers shall spend a minimum number of
hours per week in the center while the children are in attendance, as follows:
Full day careeight (8) hours per week, four (4) hours of which shall be
between nine o'clock (9:00) a.m. and one o'clock (1:00) p.m.
Part day
(5) hours
week.
A program director meeting training requirements, in K.A.R. 28-4-210 (k) may
serve as program director for a maximum of three (3) separate centers if
K.A.R. 28-210 (0(4) is met.
24
DAY CARE CENTERS
KANSAS
530.
SUPPORT STAFF QUALIFICATIONS
28-4-210 General Staff Requirements.
Single or multiunit centers may employ additional persons as assistant
teachers who meet the following minimum requirements:
Are sixteen Cl6) years or older.
Have hi
school or college academic study in child development or
equivalent training courses.
Volmute rs may serve as additional staff in single and multi-unit centers
if they are fourteen (14) years of age or older and agree to participate
in in-service training programs under the direction of the program
director..
Single or multi-unit centers serving a meal prepared at the center to more
than ten (10) children shall employ a staff person who meets the following
requirements
Has knowledge of nutritional needs of childen.
Understands quantity food_ pre
tion and service.
Practices
nitary methods of food handling and storage.
Is sensi ve to individual and cultural food tastes of children.
Is
willing
to
work with
program
director
in
planning
learning
experiences for children relative to nutrition.
Volunteers
shall
present
written
proof
of
freedom
from
active
tuberculosis before serving in a child care center
See also 523. Education
251-1
DAY CARE CENTERS
KANSAS
540.
POST EMPLOYMENT/1N-SERVICE: ORIENTATION AND TRAINING
541.
Program Director
28-4-210 General Staff Requirements.
The program director shall attend one in-service training event or workshop
each year, separate from the in-service training conducted at his or her center.
542.
Child Caregiver Staff
28-4-210 General Staff Requirements.
,Single or multi-unit centers licensed for ten GO) or fewer children under six (A)
years of age (or twelve (12) four (4) and five (5) year this in part= day session)
shall have a staff person who meets the requirements included in K.A.R.
28-4-210 (f) in one of the following ways:
Six (6) months teaching experience in a licensed center with children of
same developmental age as being served in present center, or
Five (5) sessions of observation for not less than 2 1/2 consecutive hours
per observation in approved child care center serving children of same
developments age as being served in present center. Applicants for
full day care shall plan their observation so that all daily activities
(morning, lunch, nap, late afternoon) can be observed, and
Attendance
at one KAE YC or state approved workshop and one
statewide professional meeting; or an approved two (2) day workshop, or
A minimum of three (3) semester hours of academic study or ectavalent
training courses in child development and curriculum resources; and
supervised student observations in high school or college, or 3 months
work experience with children of same developmental age as being
served in present center, or
Child development associate credential.
4
26
DAY CARE CENTERS
543.
Support Staff
Not specified
KANSAS
600. P tOGRAM OF A
IVITIES 1NCLUDING EDUCATION
-610.
PROGRAM REQUIREMENT
Ell.
Program of Activities
28-4-212 Program content.
The program shall meet the basic developmental needs of children enrolled.
ELM s
1 encourage each child to develop self -care skills.
There shall be a written plan of daily activities and familiar routines in
addition to free play for each unit of children with similar developmental
needs.
The child shall have freedom to move from group to solitary activities a
from vigorous
ysical to passive quiet activities.
Unless extreme weather conditions prevail children shall have a daily period of
outdoor play under the supervision of an adult. The duration of outdoor play
shall be at least one a) hour for children spending more than four (4)
consecutive hours at the center.
To meet the developmental needs of chilcken, alternating periods of active
play and quiet and restful periods shall be provided.
A child who remains at the center more than four (4) hours shall be encouraged
to nap or rest according to her or his individual needs,
Children shall
allowed to go to the bathroom individually
needed.
27
DAY CARE CENTERS
KANSAS
Special attention shall be given by the center and the
transition into evening and nighttime care appropriate
needs.
ents to provide for a
the child's emotional
Activities and program provided
for
chilcken in evening care shall be
appropriate for age level, and time of day and reeds of individual children.
612.
Program Equipment and
aterials
28-4-212 Program content.
The center .shall provide an adequate amomt and variety of materials and
equipment to meet the developmental, educational, and cultural nets of
children in care.
Every center for children under two and one-h
(2 1/2) years shall have an
adult size rocking chair.
613.
Nap Provision
28-4 -208 Environmental standards.
Centers providing full day care shall have cribs, youth beds and cots of
adequate size for the comfort of the children. Foam pads three inches (3") by
twenty-four inches (24") by five feet (5') witl- waterproof covers may be used
for children between two and one-half (2 1/2) and six (6) years of age if area is
carpeted.
For children under two and one-half (2 1/2) years, a separate sleeping area
shall be provided with cribs or youth beds separated by at least three feet (31,
except when bordering on the wail. Crib sides shall be up while the child is in
the crib.
For children over two and one -half (2 1/2) years, youth beds or cots shall be
separated from each other by at least two feet (2') in all directions except
when bordering on a wall.
DAY CARE CENTERS
KANSAS
Each cribp, youth bed, cot or pad shall be ewipped with a bottom sheet and
ridividually label ed cover.
Rest and sleep facilities night -time care.
Bathing facilities shall be provided.
Cf.
Comfortable individual bedS, complete bedding, and n
available. Btrik bedszhall be prohibited.
Movable screens shall be available to insure pri
needed.
clothes shall be
Separate sleeping areas shall be provided for boys and girls over 6 years of age.
Fifty (50) cubie,feet of space per child shall be provided in sleeping areas.
There shall be ,two feet (2') of space between beds except when bordering on a
wall.
614.
Disci _one and Guidance
28-4-212 Program Content.
Discipline which is humiliating or frightening, or physically harmful to .the
child, shall not be used at any time. Napping, toilet training, or eating shall
not be associated with punishment. Corporal punishment shall be strictly
avoided even though parents approve.
29
DAY CARE CENTERS
KANSAS
700. HEALTH AND SAFETY
ne.
HEALTH
General Health Requirements
28-4-213 Health care policies.
A record shall be kept on each child which includes pertinent information
about the child's health status, the child's developmental progress and any
special needs, with appropriate plans to meet these needs.
A
The staff shall update the health information as determined by the programs's
specific health policies and shall use such information as a basis for review and
evaluation of the child's health status.
When a child is absent, the child care staff shall be informed of the reasons
and such information shall be provided to other parents when appropriate.
The child care center staff shall develop dental health policies including plans
for dental health consultation and education for parents and children in the
practice of good oral hygiene.
712.
Health Assessments
28-4-213 Health care policies.
A pre-entrance health assessment conducted by a nurse practitioner or by a
licensed physician shall be required for each day care child and kept on file at
the center.
Health assessments shall be conducted yearly for children to age six
years
of age, and every three (3) years for children over the age of six (6).
1
30
DAY CARE CENTERS
KANSAS
Additional tuberculin testing shall be r quired only if the child becomes in
contact of a new, active or reactivat
case of tuberculosis. The results of
these examinations shall become part of the child's health record.
Results of the health assessment shall be recorded on forms supplied by the
Kansas deptartinent of health and environment.
Immunizatiorrs
28-4-213 Health care policies.
Immunizations shall be current or in process at time of licensing for all
children to age sixteen a6).
Where a safe level of immunization has not been attained, the staff of the
center shall refer the parent to a resource for obtaining the necessary
immunizations.
714.
Sanitation
28-4-208. Environmental Standards.
The water supply shall be from a source approved by the health authority, so
certified ark shall be under pressure.
Water coming into the premises shall come frona- a public or municipal source,
and the plumbing shall have been installed and be maintained in a manner
approved by local or state plumbing codes, or
A private water supply shall have been investigated and approved by the
responsible health authority and the plumbing shall have been installed in an
approved manner as above.
Nitrate content of water for children under one (1) year of age shall not exceed
forty-five hundredths (.45) milligrams per liter as nitrate (NO3).
31
DAY CARE CENTERS
KANSAS
Sanitary drinking facilities shall be provided for the children while either .
indoors or outdoors. The following methods are acceptable:
Paper cups and appropriate water dispenser available to the children.
A fountain of approved design so arranged that a child can get a drink
of water withoUt assistance.
If laundry is done at the center, laundry fixtures shall be located in an area
separate from food preparation areas and shall be installed and used in such a
manner as to safeguard the health and safety of the chfleken.
The type of diapers and diaper service used shall be determined by the center
director with approvalof the health nurse.
Separate areas shall
provided for soiled and clean linens.
In centers constructed after January 1, 1973, separate handwashing facilities
shall be provided in the laundry room.
A written policy regarding illness care shall be prepared in consultation with a
licensed physician and signed by the physician. The terms of this policy shall
be posted in a prominent place in the center, and be presented to parents at
the time of enrollment of the child.
A quiet area shall
provided for sick children.;
715.
Da y Inness Screening
28-4-213 He Jth Care Policies.
All staff members shall be trained in observation of symptoms of illness and
shall observe each child's health status daily.
1 4 ,
32
DAY CARE CENTERS
KANSAS
All staff members shall be trained in elementary principles of first aid by a
registered nurse, red cross staff or a center staff member who has completed
the red cross course.
715.
Care of Sick Children
28-4-217
relating to illness and accident.
If care of sick children is to be provided, the following regulations shall be met:
A written policy regarding illness care shall be prepared in consultation
with a licensed physician and signed by the physician. The terms of this
policy shall be posted in a prominent place in the center, and be
presented to parents at the time of enrollment of the child.
A quiet grea shall be provided for sick ch
en.
Arrangements for emergency care shall be made as follows:
The child care center shall have in writing the name, address, and
telephone number of a physician to be called 1-A case of emergency.
Provisions shall be made at a hospital or clinic away from the day care
setting for emergency care of children requiring emergency medical
treat ment.
Written permission of the parent
or such emergency care shall be
according
to the
requirements
of the
hospital
or
clinic
where
emergency care will be given.
p
When a staff member accompanies a child to the source of emergency
cage, that person shall remain with the child until the parent or the
parent's designee assumes responsibility for the child's care. Such an
arrangement shall not compromise the supervision of the other children
in the program.
DAY CARE CENTERS
717.
Medication and Special Diet Provisions
KANSAS
28 -4=217 Policies relating to illness and accident.
No non-prescription medications shall be administered to any child except on
written order of the parent or guardian. Orders shall be renewed yearly. Such
medication shall be adminiitered by one (1) designated staff member.
Prescription medication shall be administered by one
(1) designated staff
member from a container labeled with the childs name, name of medication,
dosage, dosage intervals, and name of physician and date prescription was
filled. The label shall be considered the order from the physician.
A record shall be kept in the child's file as to who gave the medication and
when it was given.
718.
Waiver of Health Requirements
28-4-213 Health care policies.
Exemptions to health assessments and immunizations shall be permitted as
follows:
Certification from a licensed physician stating the physical condition of
the child to be such the immunization would seriously endanger the
child's life or health.
A written statement signed by a parent or guardian that he or she is an
adherent of a _religious denomination whose religious teachings are
opposed to such assessment and immunization.
720.
SAFETY
721.
General Safety Re iremen s
28-4-208 Environmental standards.
4 4 L-.)
AU stairs shall be provided with sturdy handrails.
34
DAY CARE CENTERS
KANSAS
Landings or gates shall be provided beyond each exterior door, and any interior
9
door opening onto a full-length stairway.
Grounds.
The outdoor play area shall be adjacent to or within safe walking distance of
the center, and shall be free of physical hazards to the children. There shall
be bathroom facilities readily accessible to the play area.
The play area shall.
so arranged that attendants can' provide close
supervision at all times,. Fencing
environmental barriers-shall be provided,
and shall be of such construction or extent that the children are protected.
The outdoor play area shall provide both' sunshine and shade. Hard-surfaced
(Including gravel) area shall not be used under anchored play equipment.
A rooftop used as a play area shall be enclosed with a flat board fence or a
chain link fence angled toward the play area and not less than six (6) feet
high. An approved tire escape shall lead from the roof to the ground.
The building shall be clean at all times, feed from accumulated dirt and any
evidence of vermin or rodent infestation.
Low windows which present a hazard to children shall be effectively screened
or guarded.
Floors shall be smooth and free from a. acks, easily cleanable and shall net be
slippery. Floor covering shall be required over concrete slabs in contact with
ground. New carpeting shall meet fire safety requirements of the state fire
marshal (K.A.R. 28-15-5 (3 )-fire safety regulations for child care f aciliti es).
Walls shall be smooth, easily cleanable and in sound condition.
All painted surfaces shall be tree of toxic
a eri
DAY CARE CENTERS
KANSAS
Windows and doors shall he S eened as needed.
Garbage shall be placed in covered containers away from reach of he children
and removed frequently.
Medicines, household poisons
firearms, and other dangerous substances
nd
instruments shall be in locked
orage.
Electrical outlets within the reach of children under six (8 )years shall be
covered with receptacle covers.
722
Fire Safety Requirements
28-4-208 Environmental Standards.
Centers in which children sleep for more than three (3) consecutive hours shall
be provided with a smoke detector adjacent to sleeping areas.
Tem porary classroom units shall be securely anchored to the ground and shall
meet all requirements for permanent structures as stated in K.A.R. 28-4-208,
(a) (1) through (9).
Curtains shall be flame retarded. (Retardants approved by the state fire
marshal shall be used.)
See also 721. General Safety Re irements
723.
Transportation
28 -4209 Transportation.
Any child care center that provides transportation between the chips home
and the center or between a public school and the center shall meet the
following requirements:
Pr
The driver of a vehicle with a passenger limit of more than 10 shall
obtain a class B driver license from the Kansas state motor vehicle
department.
6
1 51
DAY CARE CENTERS
KANSAS
The ckiver of a car transporting five or fewer chileten, a station wagon
transporting 8 or fewer children, or a van transporting 10 or fewer
children, shall have a current class C driver's license.
car, station wagon, or bus shall not transport more children than the
capacity of the vehicle as stated by the manufacturer.
Campers shall not be used for tFarspOrtation.
A second adult shall ride in rear seat of vehicle when:
More than five children under five years, or one or more infants
are being transported.
Bus routes exceed 30 minutes.
The vehicle for transportation shall be covered by medical and liability
insurance as required by state statutes.
The transporting vehicle shall have a yearly mechanical safety check of
tires, lights, windshield wipers, horn, steering, signal lightt, suspension,
glass, brakes, and tail lights, and a record of the date of the safety
check and corrections made shall be kept on file at the center or in fhe
vehicle.
Each vehicle shall be equipped with a 4:BC rated fire extinguisher
mounted under the dashboard or under the front seat of the vehicle.
Each child shall be provided with an appropriate individual rc
follows:
Inf
monthsinfant care bed or infant carrier.
saint as
Children 8 or 9 months up to 2 yearschild care seat or child
harness.
Children 2 to 5 yearsvehicle lap belt.
Children at least 55 inches in heightvehicle shoulder belt ( o
with lap pelt).
37
17-
DAY CARE CENTERS
KANSAS
The driver shall deliver the child to a responsible person designated by the
parent.
724.
Safety 1 equirements for Equipment
28-4-208 Environmental Standards.
Outdoor play equipment shall be safely constructed and of a size suitable to
the ages of the children in care. All swings shall have chair or sling seats and
shall be safely situated or guarded so that children cannot run in the path of
the swing.
Teeter-totters and merry-go-rounds designed
for school-age
children shall not be used for children tinder six (6) years. Climbing equipment
and swings shall be anchored in the ground with metal straps or pins, or shall
be set`in cement.
Ftrniture, equipment, and toys shall be appropriate to the ages of the cbildren,
sturdily constructed without sharp edges, and shall not present hazards to
children.
Water A
udinuSwimmin
28-4-208 Environmental Standards.
If swimming pools (any enclosed body of water more than twelve inches (12 ")
deep) or wading pools are part of the facilities or program, they shall be
constructed, maintained, and used in such a manner as to safeguard the lives
and health of the children.
A life guard with a current red cross senior life saving certificate shall be on
duty at all times when swimming pools are in use. One (1) life guard shall be
responsible for not more than twenty-five (25) children.
Swimming pools shall be fenced in accordance with accepted safety practices
to prevent chance access by children.
Wading pools shall be used only when an adult staff mem
water safety procedures is present.
153
38.
informed about
DAY CARE CENTERS
KANSAS
The number and ages of children using either swimming or wading pools shall
be limited at any one (1) time to allow appropriate supervision by the adult
staff member or life guard. Licensing regulation for staff-to-child ratio shall
be maintained at the pool at all times.
The water in the swimming pool shall be maintained at pH 7.2 to 7.6, and
the chlorine content to .4 to .6. The pool shall be cleaned daily. Water in
wading pools shall be emptied daily.
Legible safety rules for the use of pools shall be posted in a conspicuous
location and shall be read and reviewed at regular intervals by all staff
mem be'rs responsible for the care of children.
Natural bodies of water shall be used only for children over six (6) years of age
and shall be approved for swimming by the appropriate health authority. A
qualified life guard shall be on duty.
726.
Emergency Procedures
28-4-218 Accident prevention policies.
Each child care center shall in consultation with the
=
inspector or other
appropriate resources, develop a disaster plan to pre
for the saf iv of
children in emergencies.
Plans shall be developed for the care of children in disasters such as fire,
tornacloet, storms, floods, and civil disorders, as well as occurrences of serious
illness or inj try to adults and children.
Evacuation drills shall be conducted for tornadoes and fires at random monthly
intervals and the date recorded.
The parents of children in the center shall be informed of the disaster plan,
and the plan shall be posted in the child care center.
1
DAY CARE CENTERS
KANSAS
Education about accident prevention shell be included in staff
aining.
727.
First Aid upplies
Not specified
800. NUTRITION AND FOOD SERVICE
810.
NUTR ON
811.
Nutritional Requirements
28-4-207 Administration.
The center shall maintain sample menus and number of meals served daily or
reviewing by licensing staff
28-4-215 Nutrition
Centers shall serve meals and snacks appropriate to the nutritional needs of
children in care.
At least two meals shall be provided or a child in ere for more than eleven
consecutive hours.
Breakfast shall be provided as needed
or children between four and eleven
consecutive hours.
At least one meal shall be provided for a child in care for five consecutive
hours.
Nutritious snacks shall be provided in all child care centers.
Menus shell be posted where parents can see them. Sample
shall be
kept on file for review by the public health nurse.
Adults shall be seated at the tables with the children at meal Ime.
40
155
DAY CARE CENTERS
KANSAS
812.
Waiver of Requirements
Not specified
820.
FOOD PREPARATION
821.
Food Preparation and Service Requirements
28-4-208 Environmental Standards.
In centers in which meals are prepared, the kitchen shall be separate from the
play area and shall not be used as a passageway while food is being prepared.
It shall be adequately equipped for the sanitary preparation and storage of
food, and washing of dishes. Centers constructed after January 1, 1973, shall
0
'provide separate handwashing facilities in the kitchen.
Dishes, kitchen utensils and feeding equipment shall
maintained in a
sanitary condition using one of the following methods:
Disposable utensils and dishes.
A three (3) compartment sink supplied with hot and cold running water
and a drainboard.
A mechancal dishwasher.
Dishes shall have smooth, hard - glazed strfaces and be entirely free from
cracks or chi
If kitchen facilities are not available,'policies for bringing food into the center
shall reflect the accepted practices of the local sanitary codes and shall be
adapted to fit the needs of the program:
Food shall be obtained from sources approved by the health department.
Food shall be transported
in
covered -and
tern perature -contra .e
containers and not allowed to stand.
Dairy products shall be grade -A pasteurized.
41
DAY CARE CENTERS
KANSAS
Meat shell be from government- inspected sources.
Children over two and one-half (2 1/2) years shall have appropriately-sized
tables and chairs which are smooth-surfaced, of sturdy construction, and easily
cleaned.
Children not held for feeding shall have low chairs and tables, infant seats
with trays, or high chairs with/ wide base and safety strap.
The terminal method of
erilization shall be used for o
_a prepared at the
center.
900. SOCIAL SERVICES
28-4-214 Mental health policies.
The child care program shall supplement and support the family -child
rela "onshirr.
The views of parents concerning those factors important to them in the
emotional development of their child shall be considered by the staff in
planning the child care program.
The cultural heritage of the chid shall be recognized and respected.
1000. PARENT PARTICIPATION
28-210 General staff requirements.
Full-day center shall provide staff release lime for -,ontact with
manner which will not detract from attention to children.
42
ents in a
DAY CARE CENTERS
KANSAS
There shall be frequent exchange of information between the staff and parents
regarding the child's development and the child care center program.
1100. INFANTS AND TODDLERS
1110.
FROG RAM OF ACTIVITIES
28-210 General staff requirements.
Single or multi-unit centers serving infants and toddlers may employ teaching
staff who meet the requirements in one (1) of the following ways:
Same as 28-4-210 (i), or
L.P.N. degree and six (6) months work experience in pediatrics or in
licensed child care center serving infants and toddlers.
The following additional regulations shall be met in those centers serving
special age groupings or time schedules, as follows:
Infants and toddlers.
Daily activities shall include:
Gross motor and fine motor activities.
Visual-motor coordination activities.
Language and development activities.
Activities which
foster
social
and
personal
growth thrc
individualized care by consistent nurt---,rit figures.
At no time shall a child be left in a crib or other confinement while
awake for longer than 1/2 hour.
The units for infants and toddlers shall be separate from facilities for
older children, and shall not be used by other groups.
DAY CARE CENTERS
KANSAS
1120.
HEALTH AND SAFETY REQUIREMENTS
28-4-218 Health policies relating to infants and toddlers.
A child care center which provides care for infants and toddlers shall
consultation with the public health nurse, develop written health policies
including the following aspects: Type of feeding, storage of formula, provision
of adequate changes of clothing, care of diapers, provision of a clean area for
diaper changing, provision for bathing of infants when soiled, the type of bed
to be used and care of bed linen, care and cleaning of training chairs, and
special safety precautions.
The staff shall consult with parents about the application of health policies to
the needs of individual children.
Each infant shy
supplies.
sed and diapered in his own crib using
Each infant shall be held when bottle fed.
There shall be periodic communication between the home and the care-giver
about the child's development.
1130.
INFANT NUTRITION
28-4-215 Nutrition policies.
Formula and introduction of solid foods for infants shall be prescribed by the
child's individual physician or a registered nurse.
1200. CHILDREN WITH HANDICAPPING CONDITIONS
1210.
F RO GRA M OF ACTIVITIES
Not specified
44
DAY CARE CENTERS
KANSAS
1220. HEALTH AND SAFETY REQUIREMENTS
28-4-208 Environmental standards.
Programs which include physically handicapped non-ambulatory children shall
be conducted an the ground floor only. AU exits and steps shall have ramps
properly equipped with cross-treads.
In centers serving developmentally dicsabled children, toilets and washbasins
shall be designed to accommodate the physically handicapped child.
28-4-213 Health care policies.
Each center serving children with developmental disabilities shall have on file
a written plari from the child's physician listing recommendations to cover
special needs and to define participation in the program.
1230. STAFFING
28-210 General staff requirements.
Programs serving handicapped children:
Age of Chlicten
Under 3 years
3 to 8
8'to 16
Adult-Child Ratio (mild dis)
(Severe dis.)
1 to 3
1 to 7
1 to 9
1 to 2
1 to 4
1 to 5
Single or multi-unit centers providing programs for handicapped children shall
have staff who meet the requirements listed in 28-4-210 plus the following:
Teacher shall not be the parent of a child enrolled in the unit.'
Teacher shaft have additional academic course work or equivalent
training courses in the understanding of handicapped children and the
knowledge to develop a specialized program to meet the needs of
individual children enrolled in present center.
45
DAY CARE CENTERS
KANSAS
Consultants shall meet the professional requirements of specialized
service (speech, psychological, etc).
1300. SCHOOL At
CHMDREN
1310.
PROGRAM OF A crry MES
28-210 General staff reqiiirements.
Sine or multi-unit centers providing programs for school -age children may
envoy teaching staff who meet the requirements in one (1) of the following
ways:
Same as 28-4-210 or
A.B. or B.S. degree, and three (3) months experience working with
school-age children. Centers providing a kindergarten shall have a
teacher who is certi
by the Kansas department of education as an
early childhood teach r or as a kindergarten teacher.
28-4-212 Program content.
Full year careEducational and recreational activities shall be provided in
,accordance with their ages and ability levels, as follows:
Opportunity to take resposibility, consistent with their age, for planning
their own activities.
Opportunitylo acquire skills in arts, crafts, and music.
Opportunity for physical education to develop skills in movement and
group ga Mes.
Opportunity to engage in solitary or coin munit; a
desired.
Parent's permission or participation in activities away from the center.
1E1
46
DAY CARE CENTERS
KANSAS
1320. HEALTH __AND SAFETY REQUIREMENTS
a.QL_
28-4-212 Program Content.
Summer camps for school-age children shall meet all lieerng regulations.
Exceplions may be granted to food service regidatiorm K.A.R. 28-4-207 (5A);
28-4-208 (e) and nutrition regulations K.A.R. 2'8-4-215 (a) (d) if meals are not
served at the center. The following regulations are to be met in lieu of the
above:
A record of information to be used in case of emergency (See K.A.R.
28-4-207 (e) (1); K.AR. 28-4-217 (b) (1) shall be immediately available to
the staff in attendance with the children (on bus, at campsite, etc.).
If sack lunches are provided by the children, the lunches shall not be
unrefrigerated for more than three hours. Refrigerated storage shall be
provided for beverages.
Summer programs
using
full-year
centers
fcir pick-up points
for
school-age children shall not cause the full-year center to exceed its
license limit et any time.
1400. FACILITY REQUIREMENTS
1410.
SPACE
28-4-208 Environmental standards.
Programs for children under two and one-half (2 1/2) shall be conducted on the
ground floor only.
For children 2 1/2 years and over a warm, dry, well ventilated and lighted
basement may be used for part day sessions only. (A basement means an area
in which all four (4) outside walls are more than two- thirds (2/3) below ground
47
1
')
DAY CA RE CENTERS
KANSAS
level.) The basement area used must have twb (2) approved exits located at
opposite ends of the play area with one (1) exit leading directly to the outside.
Second floors may be
or child-en two and one-half (2 1/2) years and over
when entered from enclOsed stairways with safety rails, have guards across
windows and at top of stairs and have two (2) approved exits.
Hom es in which a family is living shall not be used for a child care center for
more than ten am children, with the following exceptions:
Basements may be used for part-day care for one a unit of children if
space permits.
Ground level recreation rooms may be used o
or full day care for
one unit of children if space permits.
The outdoor play area shall be adjacent to or within safe walking distance of
the center, and shall,be free of physical hazards to the children. There shall
be bathroom facilitieireadily accessible to the play area.
The outdoor play area shall contain the following usable play space per cfiild:
Children under two and one-half (2 1/2) yearsthe minimum size of the
play area shall be one thousand three hundred fifty (1,350) square feet
to accommodate up to eighteen as) children. Each additional child
shall be provided with seventy -five (75) square feet of play space.
Children over two and one half (2 1/2) yearsthe minimum size of the
play area shall be two thousand (2,000) square feet, to accommodate up
to twenty (20) children. Each additional child shall be provided with
one hundred (1aa) square feet of play space.
I fit;
48
DAY CARE CENTERS
KANSAS
Centers enrolling more than two (2) units of chilcten shall provide
separate play arew, adequately equipped, to serve onlialf (1/2) of the
children in attendance.
The play area shall be so arranged that
attendants can provide close supervision at all times.
Fencing or
environmental
barriers
shall
be
providaa, and
shall
be of such
consVucti/on or extent that the children are,.protected. The outdoor
play area
shall provide both sunshine and shade.
Hard - surfaced
lincluding gravel) area shall not be used under anchored play eqtdpment.
A rooftop used as a play area shall be encicsed with a flat board fence
or a chain link fence angled toward the play area and not less than six
(6) feet high. An approved fire escape shall lead from the roof to the
ground.
The indoor area for play of the group receiving care shall contain a minimum
of thirty-five (35) square feet of usable floor space per child, exclusive` of
kitcheh, passageways, room dividers, shelves, lockers, bathrooms, and other
space not primarily designated as play area. Centers enrolling children who
use walkers or wheelchairs shall have fifty (50) square feet of space for each
disabled child.
Each child shall be provided with individual space for her or his garments,
clothing, and possesons. This space shall be marked in such a way that the
child can recognize it and think of it as her or his own.
1420.
LIGHTING, VENTILATION, AND T MPERATU E
28-4-208 Environmental standar
All quarters occupied by the children shall be adequately heated, ventilated,
and cooled. Open faced heaters shall be prohibited.
Gas heaters shall be vented and installed with permanent connections and
protectors.
49
DAY CARE CENTERS
KANSAS
All heating elements including hot water pipes shall be insulated or installed in
such a way that children cannot come in contact with them.
Doors and windows shall be properly weatherstripped to reduce draft to a
minimum. Fireplaces, floor furnaces and hot radiators shall be protected by
screens or guards. Floor ftrnances shall not be used in centers caring for
children under two and one-half (2 1/2) years of age.
All quarters occupied by the children shall have lighting of a miniulurr
twenty (20) foot candles in all parts of room.
Centers serving school-age children shall have lighting of a minimum of
thirty-five (35) foot candles in areas used for reading, study or other close
work.
1430.
E
S
28-4-208 Environmental standards.
All child care centers shall have two
approved exits, one
of which shall
lead directly to the outside.
1440.
TOILETS AND LAVATORIES
28-4-208 Environmental standards.
All plumbing fixtures and building sewers shall be connected to public sewers
where available.
Where a public sewer is not available, a private sewage disposal system
meeting requirements of the health authority and installed and connected to
all plumbing fixtures and building sewers shall be used.
Bathroom facilities shall be separate from areas used o cooking, sleeping or
eating, and readily accessible to the play areas.
16
50
DAY CA RE CENTERS
KANSAS
All plumbing facilities shall be in good condition.
They shall be placed low to facilitate their use or be provided with
safety steps.
There shall be one (1) toilet and r-ie
washbasin for each twelve 02)
children receiving care.
Potty chairs shall be washed with soap and water and sanitized after
each use. The wastes shall be disposed of in a sanitary manner.
Bathroom facilities shall be planned to assure privacy for staff.
Cold water and hot water not exceeding one hundred twenty degrees
fahrenheit (1200 F.) shall be supplied under pressure to lavatory fixtures
accessible to children.
Haniwashing facilities shall be readily accessible to the sleeping area in
centers caring for children two (2)
eeks to two and one-half (2 1/2) years.
Supplies for personal care shall be provided as follows:
Individual towels, washclothes, and burp cloths for infants and toddle
Soft paper towels-for children over two and one-half (2 1/2) years.
In centers serving meals, individually labeled toothbrushes stored out of reach
of children shall be provided and shall be used daily.
1 6 t,
51
DAY CA RE CENTERS
KANSAS
1500. OTHER STATE REQUIREMENTS - COMPLIANCE WITH OTHER LOCAL
STATE, AND REGIONAL LAWS AND REGULATIONS
1510.
ZONING
28-4-208 Environmental standards.
The building shall meet the legal requirem4nts of the community as to zoning,
fire protection, water supply, and sewage disposal. The child care center shall
use public water and sewage disposal. The child care center shall use public
water and sewage systems having approval and permits as required by K.S.A.
65-163 and K.S.A. 65-165.
Where local fire regulations do not exist, K.A.R.
22-15-1 through 22-15-6 shall apply. In instances of conflict the more stringent
shall prevail. Buildings shall be maintained in good condition.
1520.
FIRE
See 1510. ZONING
1530.
BUILDING
See 1510. ZONING
1540. HEALTH
See I510. ZONING
1550.
SANITATION
See 1510. ZONING
1560. NEW CONSTRUCTION
See 1510. ZONING
52
DAY CARE CENTERS
KENTUCKY
Except where
otherwise
noted,
all
citations
are
from
the
Kentucky
Department for Human Resources, (905 KAR 2:020) Type I Facility Standards,
July, 1975.
100. STATE LICENSING OF CHILD DAY CARE F FACILITIES
110.
TYPES OF FACILITIES SUBJECT TO LICENSURE AS DEFINED BY
STATE STATUTES AND REGULATIONS AND OR LOCAL ORDINANCES AND
REGULATIONS
111.
Definitions
KY. REV. STAT. S 199.894 Definitions for KRS 199.891 to 199.896.
"Day-Care center" means any child-care facility, other than those set out in
KRS 158.300, which provides full or part -time care, day or night, to at least
four (4) children not related to the operator of the child-care facility by blood,
marriage or adoption.
905 KAR 2:010 Standards For All Facilities
Section 1 Definitions.
"Day Care" mearo care of a child away from his own home and is designed to
supplement, but not substitute for, the parent's responsibility for the child's
protection, development and supervision, when it is necessary or desirable for
the parent or child to be out of the home for all or part of the day or night.
Day care includes:
"Type I day care facility" means (1) any facility other than a dwelling
unit which regularly receives four or more children
day care; (2) any
facility, including a dwelling unit, which regularly provides day care for
thirteen or more children. If pre-school children of
day care staff
receive care in the facility, they shall be included in the number for
which the facility is licensed.
DAY CARE CENTERS
KENTUCKY
e II day care facility" means any home or dwelling unit which
regularly provides care apart from parents for four, but not more than
twelve children.
The director's own pre-school children shall be
included in the number for which the home is licensed.
"Facility" shall include both Type I and Type II day care facilities.
"Regularly" means the provision of day care services at a facility on more than
one day in any one week.
U2.
Exclusions and Exemotio
KY. REV. STAT. 5 199.894 Definitions for KRS 199.891 to 199.896.
Day-care center shall not include any child-care facility operated by a
religious organization while religious services are being conducted.
905 KAR 2:010 Standards for All Facilities - Section 1 Definitions.
The term "Day Care" shall not include kindergarten or nursery schools which
have as their primary function educational instruction. In those instances
where there is a question as to whether the facility should be licensed by the
State Department of Education, the determination will be made by the two
state departments. Full-time boarding care shall not be permitted in a day
care facility.
113.
HHS Day Care Compliance
Not specified
DAY CARE CENTERS
KENTUCKY
120.
AGENCY RESPONSIBLE FOR LICENSING OF DAY CARE PROGRAMS
121.
Organization of the Administrative Unit
Secretary
DEPARTMENT FOR HUMAN RESORCES
Inspector General
OFFICE OF THE
INSPECTOR GENERAL
Director
DIVISION OF LICENSING
AND REGULATION
Y
Manageto
FIELD OPERATIONS
BRANCH
Region Supervisors
Regional Licensing Staff
DAY CARE CENTERS
KENTUCKY
Regional licensing staff in four regions) carry out the day to day licensing
functions under direct supervision of the state central office. Licenses are
issued and revoked at the state central office division leveL
122.
Responsible Official
All inquiries should be addressed to:
Director of the Division
For Licensing and Regulation
Office of the Inspector General
Department for Human Resources
Fourth Floor East
275 East Main Street
Frankfort, Kentucky 40601
(502) 564-2800
200. LICENSING PROCESS AND ENFORCEMENT PROCEDURES
210.
LICENSING PROCESS
211.
Promu 'gation of Relations
KY. REV. STAT. S 199.896 License required; application; fee;
receipts; advertisement; unannounced inspections; penalty.
The secretary may adopt regulations relating to license fees and
disposition of
may establish
standards of care and service for the day-care center and procedures for
enforcement of penalties.
212.
Advisory Body and Other Comm-
Not specified
4
Y P
cipation
DAY CARE CENTERS
220.
LICENSING PROCEDURE
221.
Application and Issuance
KENTUCKY
KY. REV. STAT. 5 199.896 License required; application; fee;. disposition of
receipts; advertisement; unannounced inspections; penalty.
No person, association or organization shall conduct, operate, maintain or
advertise any day-care center or home without obtaining a license as provid
in KRS 199.892 to 199.896.
905 KAR 2:010 Standards For All Families - Section 3 Licensing Issuance.
The license shall be issued for a specified physical location and for operation
by a designated director and sponsor or owner, for specific hours of operation,
and for a specified maximum number of children on the premises at any one
time. The number for which the facility is licensed shall be determined by
available space, adequacy of program, equipment and staff.
Section 5 Licensing Procedure.
Prior to application, a prospective director contacts the Department for
Human Resources to obtain a copy of Standards and
Regulations.
A
representative from the Department will be assigned to work with the
prospective operator. After conferring with the representative, the applicant
applies for license; completes three copies of the application provided by the
representative; sends two completed applications, and fee to Department for
Human Resources, Division for Licensing and Regulation, or its successor,
Frankfort, Kentucky.
5
1
DAY CARE CENTERS
KENTUCKY
Section 6 Permission to Ope
No facility subject
o 'licensing shall begin operation without permission to
open from the De
ment for Human Resources.
In order to open, the
facility shall have:
Approval of Office of the State Fire Marshal or his designee.
Approval of the Department, Bureau for Health Services,
or its
designee as to adequate health and sanitation standards.
Adequate equipment, supplies, and staff
serve initial enrollment of
children.
Once a facility is serving children, a license evaluation study will be made by a'
representative of the Department for Human Resources to determine if the
facility qualifies for licensing, based on the regulations.
222.
FeeCharts_d
KY. REV. STAT. 5199.896
License required; application; fee; disposition of
receipts; advertisement; unannounced inspections; penalty.
Each initial application for a license shall be made to the department and shall
be accompanied by a fee of not more than thirty-five dollars ($35.00) and
shall,
excepting provisional licenses, be renewable upon
expiration and
reapplication when accompanied by a fee of not more thn ten dollars
($10.00). Regular licenses and renewals thereof shall expire one (1) year from
their effective date.
"7 71
DAY CARE CENTERS
KENTUCKY
905 KAR 2:010 .Standards _ or All Paeilitiei - Section-4 Licensing Fee.
Licensing fee shall be
$25 for all ew facilities
$10 annual renewal fee for all facilities
A check or money order payable to the Kentucky State Treasurer shall be
attached to the license application.
223.
Areas of Investigation
See 221.
Application and Issuance
224.
License Renewal
905 KAR 2:010 Standards for All Fee ies - Section 7
License Rgnewal
Procedure.
Facilities shall be relicensed annually from the date of
suance of the original
license.
The Department for Human Resources shall notify the facility when a renewal
application shall be filed.
Renewal application shall'
mailed to a facility at least six weeks
prior to expiration date.
Health and safety inspections shall be requested by the Department.
A licensing representative shall
make recommendations
or
relicensing.
7
DAY CARE CENTERS
KENTUCKY
225.
Conditional/Provisional Licenses
KY. REV. STAT. S 199.896 *cense required; application;
disposition of
receipts; advertisement; unannounced inspections; penalty.
If the day-care center does not meet the standards prescribed for licensing by
the secretary, a provisional license may be issued and remain in effect for a
period of six (6) months.
905 KAR 2:010 Standards for All Facilities s Section 2 Responsibilities of the
Department for Humaratesources - Types of Licenses.
A provisional license shall be issued when the facility does not meet the
requirements for a regular license but there
sufficient reason for belief that
the facility will comply with minimum regulations within the time perlod
designated by the licensing authority. A provisional license shall be issued for
a period not to exceed one year and shall not be renewable.
226.
Substantial Compliance
Not specified
230.
E FORCEMENT PROCEDURES
23L
Facili
iot
905 KAR 2:010 Standards for All Facilities - Section 2 Responsibilities of the
DepartMent of Human Resources.
Licensing Authority...
Authorized representatives of the Department for
Human Resources shall at all times have the right to inspect premises, records
required by this regulation, and programs of day care facilities. The office of
the State Fire Marshal, or his designee, shall have the right to inspect
premises, records, and programs insofar as such inspections relate to fire
safety requirements.
DAY CARE CENTERS
KENTUCKY
232.
Denial- Suspension,
evocation of a License
Section 8 Basis for Revocatin or Denial.
The Secretary for Human Resources may deny, suspend, or revoke a license at
any time the day care facility fails to meet the minimum standards as set
forth in the regulations.
KY. REV. STAT. S 199.896 License required; application; fee; disposition of
receipts; advertisement; unannounced inspecti,ons; penalty.
No day-care center shall be refused a license or have its license revoked for
failure to meet standards sei by the secretary until after the expiration of a
period not to exceed six (6) months from the date of the first official notice
that the standards have not been met.
233.
Remedies and Sanctions
233.1 He
905 KAR 2:010 Standards for All Facilities - Section 9 Right of Appeal.
When a license has been denied, suspended, or revoked, the director, owner, or
president of the governing board, shall be notified in writing of the right to
appeal to the Secretary or his authorized representative for a hearing. The
request for a heari.._ shall be made in writing within fifteen days after
receiving the notice of action of the Secretary.
Upon receipt of the request for a hearing, the Secretary or his representative
shall notify the director, owner, or-president of the governing board in writing
within fifteen days of the time and place of the hearing.
233.2 Decisions
See 233.1. Hear
9
DAY CARE CENTERS
233.3 Judicial Review
KENTUCKY
KY. REV. STAT. S 199.896 License required; application; fee, disposition of,
receipts; advertisemot; unannounced inspections; penalty.
Any person who operates a day care center or home without proper licensing
shall be fined not less than one thousand dollars ($1,000) or imprisoned for not
more than twelve (12) months, or be fined and imprisoned, at the discretion of
the court.
KY. REV. STAT. 5 199.990 Penalties.
Any person who violates any of the provisions of KRS 199.896 shall be fined not
less then twenty dollars ($20.00) nor more than two hundred dollars ($200) or
imprisoned for not more than thirty (30) days, or both.
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
311.
General Administrative Requirements
- 905 KAR 2:010 Standards for All Facilities - Section 3 Licensing Issuance.
A license is not transferable. A change in ownership of a facility requires a
new application and fee. When circumstances covered by the license change
(i.e., number of children to be served, location, director, hours of operation,
when the difference is over one hour), notification shall be made to the
Department so that a revised license can be issued. This does not require an
additional fee. In' all cases except change of director, notification shall be
made in advance.
The license shall be posted in a conspicuous place.
DAY CARE CENTERS
'KENTUCKY'
Section 10 Administrative Responsibilities.
General:
The person, corporation, partnership, voluntary association, or other public or
private organization ultimately responsible for the overall operation of a child
ay care facility must be sufficiently familiar with the provisions of the day
are regulations to ensure continuing compliance.
One person designated as director shall have primary responsibility to the
Department for maintaining adequate standards of operation irt- accordance
with th.e Child day care regulations.
Staff shall be instructed in the requirements for operation
minimum standards must be available for their use.
a copy of the
Services:
The services to be provided within the day care facility shall be clearly stated
at the time of the application.
The Department shall be notified of any
change in services. A written statement of services and policies shall be
shared with parents:
Section 11 Records of the following shall be maintained at the facility:
'Records of monthly fire drills.
Section 12 Reports of the following shall be made to the Department.
y serious occurrences involving children including accident
or
injury
requiring extensive medical care and/oF bisnitalization; or death; or any form
of child- abuse; or fire or other emergency situations; or any incident which
results in legal action by or against the center which affects any child or
children or personnel - within 24 hours.
Change of ownership, sponsorship or director - within one week.
Change of location - sufficiently in advance to allow for , approval of
he
facility.
DAY CARE CENTERS
KENTUCKY
Change of hoUrs of operation
in advance.
Change
hin two weeks.
905 KAR 2:040 Nighttime Care - Section 3 Services.
Hours of operation shall be stated on license application. The facility\shall
operate only during specified hours.
No child in care is permitted to spend more than sixteen (16) hours in the
facility during one (1) twenty -four (24) hour period or day. Where school-age
children are served, time spent in school shall be included in the sixteen (16)'
hour limit.
312.
Telephone
Section 2 Physical Facilities - Building.
The center shall be equipped with a telephone accessi
to the rooms used by
the children.
313.
Proof of Operator Financial Capabilities
.77
905 KAR 2:010
Standards For All Facilities
Section 10
Administrative
Responsibilities - General.,
Sufficient funds shall be available and utilized to ensure adequate care of the
children in accordance with these regulations. No child shall be exploited in
fund raising or advertising campaigns.
the facility.
Liability insurance shall be carried by
314.
Insurance
See 311 Proof of Operator Finan ial Capabili
320.
PERSONNEL
321.
Publication of Personnel Policies
Not specified
12
DAY CARE CENTERS
KENTUCKY
322.
Constrain
Not specified
st Employment
330.
NON- DISCRIMINATION
331.
Requirements Prohibiting Discrimination
Not specified
340.
RECORDS REQUIREMENTS
341.
Children
905 KAR 2:010 Standards for All Facilities - Section 1L
Records of the following shall be maintained at the facility:
Sufficient records to identify the individual children and to enable the
person in charge to communicate with the parents or persons designated
as being responsible for the child either at their home or place of
employment, and in a medical emergency, with the family physician.
Each child's medical history, along with authorization for emergency
medical care, signed by the parent or guardian and left with the center
director at the time of enrollment.
Permission for child to be toilet trained, signed by the parent or
guardian.
Permission for trips off he premises, signed by the parent or guardian.
Records of non-center sponsored activities attended by school -age
children, signed by the parent.
Daily attendance records of children
13
DAY CARE CENTERS
KENTUCKY
342.
Staff
905 KAR 2:010 Standards for All Facilities - Section 11.
Records of the following shall be maintained at the facility:
Health records of all staff.
A written schedule of staff working hours.
Records of staff training.
A written plan for staff training.
343.
Child Eli
and Enrollment Requirements
Not specified
344.
Child Abuse Reporti
905 KAR 2:010 Standards for All Facilities - Sectiton 12.
Reports of the following shall be made to the Department:
Any serious occurrences involving children including accident or injury
requiring extensive medical care and/or hospitalization; or death; or
any form of child abuse; or fire or other emergency situations; or any
incident which results in legal action by or against the center which
affects any child or children or personnel - within 24 hours.
345.
Confidentialt of Records Requirements
905 KAR 2:010 Standards for All Facilities - Section 10
Administrative
Responsibilities - General.
All information concerning children, their parents, elatives or guardian shall
be kept in strict confidence by the staff, except for sharing information with
individuals who are personally or professionally responsible for the well- being,
4f the child.
I
14
DAY CARE:CENTERS
GROUP
FOS
ONS OF CHILDREN
410.
STAFF/CHILD RATIO REQUIREMENTS
411.
Staff /Child Rats as of March, 1981
KENTUCKY
905 KAR 2:010 'Standards for All Facilities - Section 10
Administrative
Responsibilities.
Minimum staff-child ratios for all facilities shall be
times that a facility is in operation, as follows:
Age of Children
Under one year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
5 to 7 years
8 or older
In facilities where more than one sta
Mixed age groupings including
children under two years
Mixed age groups children
ages 2 to 6
Mixed age groups children
age 6 and older
maintained throughout the
Ratio
1 staff for 6 children
1 staff for 6 children
1 staff for 8 children
1 staff for 10 children
1 staff for 12 children
1 staff for 15 children
1 staff for 20 children
f member is present, the following apply:
1 staff for 6 children
1 staff or 10 children
1 staff for 15 children
412.
Methods of Computing Staff/Child Ratios
905 KAR 2:010 Standards for All Facilities - Section 1 Staff.
At all times one adult shall be designated as being in charge. At no time shall
children be left without adult supervision.
A minimum of two qualified substitutes with current health certificates shall
be available in case of need.
Additional staff shall be employed during cooking and
necessary to ensure adequate supervision of the children.
15
cleaning periods if
DAY CARE CENTERS
KENTUCKY
The total child care staff shall be sufficient to provide the services for which
the facility is licensed considering the hours of care given, the program
offered, the size of the facility, and the number and ages of children under
care.
Section 10 Administrative Responsibilities - S
Child Ratios.
When only one staff member is present in the facility, the age of the youngest
child determines the staff-child ratio. In no case may one adult alone provide
care for more than ten pre-school children, or for more than
fifteen
school-age children.
Children under care shall never be left without competent adult supervision.
Additional staff shall be employed during cooking and cleaning periods if
necessary to insure adequate supervision of the children.
6
905 KAR 2:040 Nighttime Care - Section 4. Responsibility.
A nighttime director who is also a day care director shall employ additional
staff to work in the facility at night.
Section 5 Staff.
Staff members shall remain awake while on duty.
At least one staff member shall be stationed in an area on the same floor with
children, either in or adjacent to each sleeping room.
The total child care staff shall be sufficient to provide the services for which
the facility is licensed considering the hours of care given, the p;ogram
offered, the size of the facility, and the number and ages of children under
care. The adult/child ratio shall not be less than set out in the general
requirements. Additional staff shall be-employed during cooking and cleaning
periods if necessary to insure adequate supervision of the children.
16
DAY CARE CENTERS
KENTUCKY
420.
GROUP SIZE
421.
Group Size as of
ch, 1981
Not specified
422.
Methods zoLqErz.w22iti
Group Size
Not specified
500. STAFF QUALIFICATIONS AND TRAINING REQUIREMENTS
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
Age
Section 1 Staff.
The number of adult workers in a center shall be sufficient to ensure that
minors and trainees are at all times under direct supervision. No staff person
under age of sixteen (16) shall be counted as part of the staff-child ratio.
512.
Health
Section 1 Staff.
All members of the child care staff shall be mentally and physically able to
provide good care, maintain responsible supervision, and stimulate normal
development.
A certificate stating that
ch staff member is free from any illness which
might conflict with the children's interest and including results of VDRL and a
tuberculin test shall be a prerequisite to employment or volunteer service.
Tuberculin test reports shall be obtained and maintained on file annually
thereafter.
Additional
health
examinations
may
be
required
where fr
appropriate. All adult household members shall have in annual TB test.
17
DAY CARE CENTERS
513.
Education
Not specified
514.
Experience
KENTUCKY
Section 1 Staff.
Staff members shall have a suitable personality for work with children.
Personal qualities must include patience, flexibility, and imagination.
Staff
shall have interest in, respect for and acceptance of children.
Staff shall have practical knowledge of first aid.
520.
FROGRAI DIRECTOR QUALIFICATIONS
521.
See 511. Age
522.
Health
See 342. Staff and 512.
523.
Education
cified
524.
Experience
Section 1 Staff.
The director shall be a mature, literate adult who is r
knowledge and understanding of the needs of children.
risible and who has
The director shall have the ability to relate effectively to parents and to
assume responsibility for supervision and conduct of staff.
The director shall have the ability and willingness to provide a chil
program which meets the regulations set forth,
1
18
care
DAY CARE CENTERS
530.
SUPPORT STAFF QUALIFICATIONS
Not specified
540.
POST E
KENTUCKY
N= ERVICE: ORIENTATION AND TRAINING
541.
Program Director
Section 1 Staff.
The director shall cooperate with the licensing and other appropriate agencies
to improvd the quality of care and competency of staff.
This includes
attendance by the director and staff at workshops and training sessions.
Department-sponsored
aining is appropriate where accessible; courses or
workshops sponsored--by other groups may be substituted where appropriate.
542.
Child Caregiver Staff
See 541. Program Director
543.
Support Staff
See 541. Program Director
600. f ROGRAM OF ACTIViTIES INCLUDING EDUCATION
610.-
PROGRAM REQUIREMENTS
611.
Program of Activities
Section 3. Care of the Children - Program.
The day care center shall prpvide a planned program of well-balanced and
constructive activities geared to the individual needs and developmental levels
of the children served.
These activities shall provide experiences which
promote the individual child's physical, emotional, social and intelle'ctual
growth and well-being. The daily program shall be under adult supervision and
shall provide:
19
DAY CARE CENTERS
KENTUCKY
A variety of creative activities including the following: art, music,
dramatic play, stories and books, science, and block building.
Indoor and outdoor play in which the children make use of both small
and large muscles.
A balance of active and quiet play, including group and individual
activities, both indoors and outdoors.
Opportunities for a child to have some free choice of activities and to
play alone, if he desires, or with others.
OppbrttmitieJ to practice self-help procedures in respect to clothii
toileting, hand-washing, and feeding.
Activity areas, equipment, and materials so arranged that the child's
activities are visible to the superving staff.
Regularity of physi
routines to afford the child the security of
knowing what is coming next.
Sufficient time for activities and routines so that children can progress
at their own developmental rate.
No long waiting periods between activities or prolonged periods during
which children must stand or sit.
905 KAR 2:040 Nighttime Care = Section 8 Program.
A nighttime care facility, if children are present for extended periods of time
during their waking hours, shall provide a basis: program of well-balanced and
constructive activities geared to the age 1
els and developmental needs of
the children served.
Appropriate quiet activities shall be provided before bedtime.
.441'
20
18 7
DAY CARE CENTERS
KENTUCKY
612.
Program Equipment and Materials
Section 2 Physical Facilities
Equipment.
There shall be adequate and safe play equipment in good repair, both indoors
and outdoors, to meet the physical and other developmental needs and
interests of children of different age groups.
Each center shall have enough toys and play apparatus to provide each child
with a variety of activities during the day as specified in Section 3, Care of
the Children.
Tables and chairs shall be of a suitable size for children.
An individual cot or crib shall be provided for each child with a sheet and
cover which shall be laundered as needed and always upon change of
occupancy. Cots and all other equipment and furnishings shall be properly
spaced so as to allow free and safe movement by children and adults.
613;
Nap Provision
Section 3 Care of the Children - Health.
The children in attendance shall have sufficient supervised rest for their age
and for the number of hours spent at the facility.
905 KAR 2:040 Nighttime Care - Section 7 Equipment.,
Cots, cribs, or beds, all with good firm mattresses, protected wth waterproof
materials, kept clean at all times, shall be provided for each child if his
sleeping period is more than three (3) hours.
A sheet and cover, laundered as needed and always upon change of occupancy,
shall be used on each bed.
There shall be at
st two
feet of space between each bed.
21
DAY CARE CENTERS
KENTUCKY
614;
Discipline and Guidance
Section 3 Care of the Children - Discipline.
Disciplinary methods shall he designed and implemented through positive
guidance
to help the
individual
child
develop
self-control and assume
responsibility for his acts. The center shall:
Establish simple and consistent rules both for children and staff that set
the limits of behavior.
Not subject children to harsh or physical discipline, nor, shall any
method of discipline be used that is humiliating, threatening, shaming
or frightening; loud, profane or abusive language shall not be used.
Not associate discipline with rest, toile ng, or food.
700. HEALTH AND SAFETY
710.
HEALTH
7111.
General Health Requirements
Section 3 Care of the Children - Health.
Toilet articles such as combs, brushes, toothbrushes, towels and washcloths
used by children shall be individual and plainly marked.
712.
Health Assessments
Section 3 Care
the Children
Health.
A current record of each child's medical history and immunization information
shall be on file.
713.
lm munizations
See 712. Health Assessments
22
DAY CARE CENTERS
714.
Sanitation
KENTUCKY
Section 2 Physical Facilities - Building.
The
facility shall conform
to
health
and
sanitation
standards
of
the
Department and to fire safety standards as set,out by the Office of the State
Fire Marshal.
Section 3 Care of the Children - Health.
The water supply shall be approved by the local health department. Drinking
water shall be freely available an
individual drinking cups provided.
905 KAR 2:040 - Night-time Care - Section 6 Building.
Adequate facilities shall be available for individual bathing, toileting, and
toothbrushing.
Section 9 Health.
Toilet articles shall be individual and identified for each child. Bathing and
toothbrushing schedules shall be arranged with parents.
Children sleeping three (3) hours or more shall sleep in pajamas or nightgowns,
not in daytime clothes. School children shall receive breakfast if they go to
school from the center, and they shall be groomed and dressed appropriately.
715.
Daily IB to
Screenin
Section 3 Care of he Children - Health.
Each child shall be given a daily health inspection upon -arrival.
Any child
showing any signs of ilthess shall not be admitted. If a child becomes ill during
the day, he shall be placed in a supervised area isolated from the rest of the
children, until arrangements can be made for him to be taken home.
716.
Care of Sick Children
See 715. Daily Illness Screening
23
,DAY CARE CENTERS
717.
Medication and Special Diet Provisions
KENTUCKY
Section 3 Care of the Children - Health.
No medication shall be given to a child except as prescribed by a duly licensed
physician or on daily written request of the parent or guardian.
718.
Waiver of Health Re uire___ents
Not specifiecl
720.
SAFETY
721.
General Safety Requirements
Not specified
722.
Fire Safety
e uirements
Not specified
723.
Transportation
905 KAR 2:060 Transportation Standards - Section L
When transportation is provided or arranged-by a day care (facility, children
shall be protected, by adequate provision for staff supervisi,&1 as specified in
905 KAR 2:010, Section lo, subsection (3), and safety precautions. There shall
be conformance to state laws pertaining to vehicles, drivers, and insurance.
7
Section 2. The following requirements shall be met when a day care facility
provides or arranges transportation:
Any center providing transportation service shall have an individualized
written plan and statement of transportation policies and procedures.
Each child shall have a seat and remain seated while the vehicle is in
motion.
24
DAY CARE CENTERS'
KENT T CKY
On any vehicle equipped
h seat belts, these shall be used to secure
indivIclual children.
I
No vehicle shall be used to transport more individuals
an its rated
capacity.
A vehicle containing children shall never be left unattended.
The maximum number of children under the age of six (6) a driver shall
supervise is five (5), including a maximum of.two' (2) under age two (2).
A child under age six (6) shall not be lett unattended at
he time of
delivery.
If the parent,' or a person authorized by the parent to accept thv child,
is not present upon delivery of the child, a note shall be left explaining
where the child Can be picked up.
If anyone other than the authorized person is
ceive the' child, such
arrangements shall be made in person, by the parent or guardian...
Any vehicle other than those covered under Kentucky school:-bus
ations for Type I or Type II vehicles, shall not pick up and deliver
children to a location which would require the child to cross the street
or 'highway unless accompanied by a responsible,person.
Section 3.
The following regulations shall be met when transportation is
provided by any means other than licensed public transportation:
The vehicle shall Be maintained in excellent condition at all times.
25
DAY CARE CENTERS
KENTUCKY
The vehicle used for 'transportation shall be covered by passenger
liability thstzance.
A thorough inspection of the vehicle shall be made and documented by a
qualified mechanic at least every six months.
The vehicle shall be checked, every day
it i
used for transporting.
children, by the day care director or a delegated adult.
Special
attention shall be given to the steering mechanism, brakes, tires, and
exhaust system, to assure that the vehicle is in good operating condition.
Any defects in the vehicle shall be reported immediately to the day
care director. The vehicle shall not be used for transporting children
until all defects are corrected.
Vehicles used to transport children, which require other traffic to stop
while loading rid uploading children at their various homes along public
highways, shall meet the Kentucky school bus regulations for Type I and
Type II vehicles.
The driver of the vehicle transporting children shall meet the same,
general qualifications as those set forth for other members of the day
care staff.
The dri,Ter shall hold an appro iriate license to transport children.
The driver shall drive safely and defensively at all times.
The motor shall be turned off, keys removed, and brakes
et anytime
the driver is not in the
seat.
724.
Safet Re i uirernents for E
went
See 721. GeneratrSafeequirements
26,
DAY CARE CENTERS
KENTUCKY.,
725.
Water Activities (Including Swimming)
Not specified
726.
Emergency Procedures
Section 3 Care of the Children - Health.
Provisions shall be made for_obtaining emergency medical care.
727;
First Aid Supplies
Section 3 Care of the Children - Health.
Sufficient first aid supplies -shall be available to provide prompt and proper
first aid treatment.
NUTRITION A D FOOD SERVICE
810.
NUTRITION
Nutritional Requirements
Section 3 Care of the. Children
Health.
All children present at meal time shall be served a nutritious meal which
includes a food from each of the four basic food groups.. Adequate amounts of
food shall be available. The center shall provide a nourishing Mid-morning and
mid-afternoon snack.
812.
'Waiver of Requirements
=specified
27
194
DAYCARE CENTERS
820.
FOOD PREPARATION'.
821.
Food prep
ation and Service Requirements
KENTUCKY
Section 2 Physical Facilities - Building.
The kitchen shall be .clean and equipped for the proper preservation, storage,
preparation, and serving of food, and shall not be used for any other activities
of the center.
Section 3 Care of the Children - Health.
Children shall be-seated comfortably at eating time with sufficient room to
manage food and implements.
Individual eating utensils shall be of size and design that
hi dren can handle
easily.
Weekly menus shall be prepared, dated and posted in advance,in a conspicuous
place.
905 KAR 0:40 Nighttime Care
Section 6 Building.
A kitchen shall be available if meals are to be served.
Not specified
Not specified
900. SOCIAL SERVICES
1000. PARENT PARTICIPATION
28
DAY CARE CENTERS
1100
INFANTS AND TODDLERS
'1110d
PROGRAM OF ACTIVIT1MS
KENTUCKY
905 KAR 2:035 Infant/Toddler Care.
Section I. Minimum standards as prescribed for child day care facil-
apply to all infant/toddler care.
Section 2. An infant /toddler shall be considered to be
age.
shy
cwo' -2 y2a.rs of
Section 4 Equipment.
Comfortable 'chairs shall be provided for staff to use when feeding, hold-rig or
playing with children.
There sh-
ipment that encourages creeping, walking, and climbing.
Section 5 Staff Qualifications and Duties.
Caregivers for
-ant/toddlers shall meet all staff qualifications as IN quired
inder minimum standards.
Caregivers shall have the ability to implement a well - balanced daily program
to meet the child's total developmental needs.
Caregivers shall have high energy level, as infants/toddlers require qpnstant
attention.
Caregivers shall have. tolerance for
by ways" and be sensitive to the
changing needs of the chid. \
Caregivers
shall
have
a
special
awareness
of
their
impa4ct
on
the
infant/toddler, and enjoy giving care and providing growth experiences for
very 'yoimg children.
DAY CARE CENTERS
KENTUCKY
Section 6 Daily Sc
SchedUling shall r
regularity of slee
each child.'
Schedules shall I
Section 7 Fro[
The program
s
experimentation
should be planned, to allow for some
Ames, based on the individual needs of
,g to the, rate of development of each child.
a Pia, environment that invites learning
, and
in the chileYdaily 'experiences.
Infants/toddlers shall not be left in a crib or playpen for long periods of time
while awake.
Infants /toddlers shall be Oven the stimulation of physical holding.
Infants/toddlers shall liave the opportunity to play n an atmosphere of loving
attention and alert supervision.
Infants/toddlers shall have opportunities to move aboUt safely, to explore,
look, listen, and manipulate, but also must be protected from over-stimulation.
The caregiver
shall set
firm
limits
on
actions
that
Eke
dangerous
objectionable while never resorting to any method of harsh punishment.
Section 8 Diapering and Toilet Training.
Diapering and toilet training shall be a relaxed, pleasant activity.
Written
parent permission shall be obtained before toilet training is begun.
30
DAY CARE CENTERS
1120.
HEALTH AND SAFETY REQUIREMENTS
KENTUCKY
905 KAR 2:035 Infant/Toddler Care - Section 3 Physical Facilities.
Indoor areas for infant/toddiers shall be separated from areas used by older
children.
There shall' be adequate crawling space protected from older children away
from general traffic patterms of the center.
The area shall be well-ventilated, appropriately heated or cooled, free from s
odors, and direct drafts on children.
,
Each area used for infants shall have direct access to han
cashing facilities.
A protected ouSdoor area, with sun and shade and out of the traffic
attern of
older children, shall be provided.
SecOon'4 Equipment.
There- stroll be an individual crib or baby bed, appropriate to the age of the
child, with waterproof firm mattress and an adequate supply of individual
sheets and blankets.
Tiered cribs shall not be allowed. This regulation does not apply to those in
use prior to the effective date of this regulation. There shall be adequate
space for storage of individual child's bedding and clothing.
Supplies shall be stored so that` the adult may reach them Without leaving the
child unattended.
There shall be a variety of safe washable toys; appropriate to the age leveli
and number of children present. Toys shall be too large to swallow; durable,
and without sharp points or edges.
DAY CARE, CENTERS
KENTUCKY
Section 5 Staff Qualifications and Duties.
Oaregivers shall provide safe and supervised environment which will pro
the child from hazards.
Caregivers shall hay,_the ability to safeguard health through provision of good
sanitation, adequate rest, food and exercise.
Section 8 DliOering and Toilet Training.
Adequate quantities Of freshly laundered or disposable diapers and clean
clothing shall be always on hand.
The infants /toddlers shall be kept clean, dry and comfortable throughout the
-day. 'Diapers and/or wet clothing shall be changed promptly.
Soiled diapers shall be stored in covered containers temporarily and shall bd
washed at least of Ace-a day.
fi
When changing table is used, each child shall lie on a-
washable -or
disposable covering.
Individual washcloths and towels shall be used to thoroughly dry the. child's
buttocks.
When training chairs are used, they shall be emptied
-ompt y and sanitized at
least once a day.
Caregivers shall wash hands after diapering or toileting each child.
Section 10 Sleeping. ,
Each child shall have a separate crib or cot for sleeping located in a-quiet area
Each child's bedding shall be used for him/her only, and replaced when wet or
soiled.
9;)
32
DAY CARE CENTERS .
KENTUCKY
When the caregiver
not actually in the sleeping room, doors Shall be left
open and a staff member shall \be stationed on the same floor in the area
adjacent to the sleeping room.
Infants/toddlers' shoes
and restrictive. clothing shall be removed
or sleep
periods.
Section II Health and Safety.
Efforts shall be masintained to protect infants/toddlers from special dangers.
An infant/toddler who has a communicable infection shall be promptly isolated
with supervision until the parents pick him/her up.
Section 12 Records.
Records required by 90
KAR 2.010, Section 'II, shall be maintained.
In
addition, parents shall s
py a record of the child's usual daily schedule at
home, when child is entered in the center.
1130.
INFANT NUTRITION
905 KAR 2:035 Infant/Toddler Care - Section 9 Feeding.
The infant's formula shall be prepared and provided by the parent.
Bottles shall be individually labeled and promptly refrigerated.
Bottles, nipples, and all other feeding equipment shall be properly sterilized
before use.
aregivers shall wash hands im mediately before feeding children.
At no time shall a child be placed in bed with a pipped bottle.
"ti
At no time shall a child be allowed to carry a bottle around with him.
33
DAY CARE CENTERS
KENTUCKY
Infants /toddlers shall be introduced gradually to new foods and new skills; e.g.
cup feeding, and shall be allowed to help feed themselves.
1200. CHILDREN WITH HANDICAPPING -ONDITIONS
1210.
PROGRAM OF ACTIVITIES
Not specified
1220.
HEALTH AND SAFETY REQUIREMENTS.
Not specified
1230.
STAFFING
Not specified
1300. SCHOOL AGE CHILDREN
1310.
PROGRAM ACTIVITIES
905 KAR 2:030 School Age Children.
Section L A Type I or Type II day, care facility receiving school-age children
shall comply with standards prescribed when not inconsistent with special
reiquirem 'ts or exceptions as noted below.
Section '2. A school-age child shall be conside
attending first grade or
above. Day dare for school:age children shall L
,e care given before, after,
and/or at times when school is not in session.
1320. HEALTH AND SAFETY REQU E ENTS
905 KAR 2:030 School Age Children -Section 3. Physical Facilities.
A separate area or room shall be provided for school-age children.
34
2u1
I.
DAY CARE CENTERS
DAY
KENTUCKY
.Separate toilet facilities for males and females; or a plan whereby the same
facilities are used at separate times, shall be provided.
If the only food served by the center E an
art afternoon snack for the sahool-age
children, a kitchen is not required if adequate rbfOgerati'm is available.
An outdoor play area shall be provided
for active play.
There shall be provision made for rest and quiet.
here are other provisions made
Section 4 Care of the Children.
All school-age children shall be provided a snack after school.
A day care facility which admits school-ao-e children shall provide activities
for them, according to their ages and individual needs.
The presence of school-age children shall not interfere with or detract from
the care of younger childrien.
The schedule of activities for the school-age children shall at no time call for
their supervising themselves or younger children.
The program or schedule shall be flexible enough to enable a child
participate in desirable, nonacademic activities
Provision shall be made for active play.
In addition to records required by 905' MAR 2.010, Section 11, each child's
personal weekday schedule of non-center spAsored activities shall be provided
by the parent to the center in writing. Written permission of the parent shall
be obtained for scheduled changes.
35
4
DAY CARE CENTERS
1400. FACILITY REQUIREMENTS
1410.
SPACE
4. Section 2 Physical Facilities
Building.
The building shall be suitable for the purpose intended with a minimum of 35
square feet of space, per ,child used for rylay, exchiSive, of the kitchen,
bathrooth, and storage ateas
If all or any portion of the building is used for p rposes other than day care,
necessary provisions shall be made to avoid iterference with the day care
program.
Grounds
There shall be an outdoor play area free from Litter, glass, rubbish, and
inflammable materials and adequate in size to accommodate the, number of
children using the area at a particular time. The outdoor area shall be §uitably
surfaced and drained.
All facilities shall be fenced Unless the Department
determines that fencing is not necessary for the protection of the children.
1420.
LIGHTING VENTILATION, AND TEMPERATURE
Section 2 Physical Facilities -
The building shall be so constructed that
is dry, adequately heated,
ventilated, lighted; that windows, doors, stoves, heaters, furnaces, pipes, and
stirs are protected; that -scretning is provided on windows and doors ,which
are left open; and that floors.are free from splinters and easily cleaned.
1430.
EXITS
of specified
le DAY CARE CENTERS -
KENTUCKY
1440.
TOILETS AND LAVATORIES
Section 2' Physical Facilities - Building.
There shall be a minimum of one toilet and rash basin for each 20 children.
Toilet facilities shall be cleaned and sanitized daily..
1500. OTHER STATE REQUIREMENTS COMPLIANCE WITH OTHER LOCAL
STATE, AND REGIONAL LAWS AND REGULATIONS'
1510.
ZONING
Not specified
1520.
FIRE
Section 2 Physical Facilities -
The
facility shall conform
to
health
and sanitation
standards
of
the
Department and to fire safety standards as set out by the Office'of the State -
Fire .MarshAL
Plans and specifications for new buildings and/or additions which are to be
constructed for day care facilities shall be approved prior to construction by
health and fie safety officials having jurLsdiction.,
1530.
BUILDING
See 15 0.--IFIRE
1540. HEALTH
See 1520. FIRE
1 50.
SANITATION
Not. specified
1560. NEW-CONSTRUCTION
See 1520. FIRE
37
DAY CARE CENTERS
LOUIS
Except. where otherwise noted, all citations are to the Louisiana Department
of Health and Human Resources, Minimum Standards for Licensure of Child
Day Care Centers February, 1981.
10Q. STATE LICENSEdG OF CHILD DAY CARE FACILITIES
110.
TYPES OF FACILITIES _SUBJECT TO LICENSURE AS DEFINED BY
STATE STATUTES AND REGULATIONS AND/OR -LOCAL ORDINANCES AND
REGULATIONS
111.
Definitions
LA. REV. STAT. ANN. 51401 Definitions.
As used in this Chapter, the term
child welfare agency shall include
child-caring institution, child-plaging agency-, maternity home, family boarding
home and day care.
"Day care center" shall mean any place or facility, operated by any person for
the primary purpose of providing care, supervision and guidaiee of seven or
more children under the age of thirteen years, not related to the caregiver and
unaccompanied by pirent or guardian, on a regular basis, fpr less thEth
twenty-four hours a day,- in a place/Other than the children's home.
112.
Exclusions and Exemptions
LA. REV. STAT. ANN. 51401 Definitions.
This definition shall not include those agencies exempted from licensing
standards by the department, pursuant to
46:1402, nor shall it include''any
institution, society, agency, corporation, facility or other grokip which is
classified as a Montessori school whether or not certified under the provisions
of Chapter,27 of Title 17.
2u
DAY CARE CENTERS
LOUISIANA
LA. REV. ST-AT. ANN. $1404 Agencies Subject to. Regtdation; Exceptiofi
Any child welfare agency, is defined in -R.S. 46:1401, which is under direct
management of an administrative departMent of the state shall not be subject
to the provisions of this Chapter. Any child welfare agency as defined in R.S.
46:1401, which is under the direct management of any parish, municipality, or
private organization or person, except the Louisiana Masonic Home for
Children at Alexandria, shall be subject to the provisions of this Chapter.
113.
HHS Day .Care Compliance,
Not specified
120.
AGENCY RESPONSIBLE FOR LICENSING OF DAY CARE PROGRAMS
)
12L
Or ±anization of the Administrative Unit
DEPARTMENT OF
HEALTH AND HUMAN RESOURCES
OFFICE OF
LICENSING REGULATIONS
DIVISION OF
LICENSING AND CERTIFICATION,
Day care center licenses are issued and revoked at the state central office
level, and the day to day monitoring functions are also carried out at that
level. Louisiana does not regulate family day care, and day care center
licensing is voluntary.
2
DAY CARE CENTERS-
122.
Responsible Official
All inquiries should be addressed to
ervisor of Licensing and Certification
Division of Licensing and'Certification
office of Licensing -Regulation
Department of Health and Human Respurces
Box 3767
Baton Roue, Louisiana 70821
(504) 342-6446
LOUISIANA
200. LICENSLNG PROCESS AND ENFORCEMENT PRO EDURES
210.
LICENSINQ PROCESS
211.
Pro ulga on of Regulations
LA. REY. STAT. ANN. §1402 Standards for Licenses.
The department shall develop and publish standards for license for each type-
of child welfare agency defined in R.S. 46:1401 with due regard for the welfare
of children. The department may also provide for exemptions from the
licensing requirements for any types of agencies which, in the public interest,
should not be subject to such licensing standards. Such exemptions shall be in
the form of administrative regulations, duly promulgated according to law.
212.
Advisory Body arid Other Community Participation
Not specified
3
DAY CARE CENTERS
LOUJ IANA.
220.
LICENSING PROCEDURE
22L
Application and Issuance
I Organization and Administrative Plan - Application for Licenstre.
Application shall be in writing on the application forms furnished by the Office
of Licensing and Regulation and shall be submitted to the Office of Licensing
and Regulation, Division of Licensing and Certification.
LA. REV. STAT. ANN. 51403 Licenses.
All parish, municipal and private child welfare agencies shall be licensed by
the department, sad license to be based on standards developed by the
department with due regard for tthe welfare of children; provided, however,
tt;
that a license issued to a childq4acing agency shall also include all family
-.
boarding homes approved, supervkse dand used by the licensed agency as a part
of its work.
Application for license shall be made by the child welfare agency to the
department upon blanks furnished by it. Upon receipt of the application for
license, and upon establishment of the fact that such child welfare_
Y is
suitable and properly managed as such and that minimum requirements for
license as determined by the department are met, the department shall issue
such child welfare agency a license for such period as may be provided for in
the published standards of the department.
LA. REV. STAT. ANN. 51405 Time for Maldng License Application.
Any existing child welfare agency, which is not licensed under the provisions
of R.S. 46:1 et seq. must make application for license within one hundred and
twenty days following the August 1, 1956.
222.
Fee Charged
Not specified
223.
Areas of Investigation
Not specified
SAY CARE CENTERS
224.
License Renewal
Not specified
225.
_Conditional/Provisional Licenses
LA. REV. STAT. ANN. 51403 Licenses.
If the department finds that any child welfare agency does not meet the
standards established by the department for license,.butis attempting to meet
these said standards, the department at-its dcretion may issue a temporary
license to said ch11
welfare agency; provided, however, that 'no temporary
'11
license shall be issued to any privately owned and operated day care center to
be operated as a business for profit, and_ no sUch day care center shall be
LOUISIANA
operated itnless it meets the standards of the department and holds ,a valid
regular license issued by the department.
226.
Substantial Compliance
Not specified
230.
ENFORCEMENT PROCEDURES
231.
Facility Impections
LA. REV. STAT. ANN. S14l0 Inspections.
..r
It shall be the duty of the department, through its duly authorized agents, to
inspect at regular intervals without previous notice an child welfare agencies.
232.
Denial,
pension,_;
ocatio
a Lictihse
LA. REV. STAT. ANN. 5I403 Licenses.
The license may be revoked or suspended at any time after due notice to the
licensee if that agency fails to maintain minimum requirements for license.
233.
Remedies and Sanctions
233.1
Hearings
5
2
DAY CARE CENTERS
LOUISIANA
LA. REV. STAT. ANN. 51407
Refusal or,Revocntion of License; Appeal
Procedure.
Upon the refusal of the department to grant a license as provided in this-
ter, or upon the revocation of a license,_ the agency, institution,
individual having been refused a license or having had the license revok
have the right to appeal suph action by submitting a written regu
assistant secretary of the office of family services within thirty days of the
date of such refusal or revocation. The conduct of appeal hearings shall be in
-.accordance with applicable regulations of the department and the provisions of
R.S. 46:107. This provision shall in no way preclude the right of the party to
seek relief through the right of mandamus suit against the commissioner, as
provided by existing la
or..
233.2 Decisions
Not specified
233.3 Judicial Review
LA. REV. STAT. ANN. 51406 Operating Without License; Penalty.
Any
child welfare agency operating without being so licenSed
by
the
department or without having made proper application for a license shall be
guilty of a misdemeapor and shall be fined not less than twenty-five dollars
nor more than two hundred dollars for each such offense.
Each day of
operation without a license or without lidense having been applied for as
provided for herein shall constitute a separate offense.
LA. REV. STAT. ANN $1408 Written Notice of Violatio-
Appearance before
Grand Jury.
The department shall have the responsibility of giving written notice of any
known violation of this Chapter to the district attorney of any parish in which
said violation occurs vdthin ninety days of
e date of which said violation
becomes known to the department. The right to appear before the grand jury
of the parish shall be retained as provided br existing law for the violation of
other criminal statutes.
21 (,)
DA.Y" CARE CENTERS
IANA
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
311..
General Administrative Requirements
I Organization, and Administrative Plan.
The responsibility of raising funds shall not interfere with the director's
administrative duties in conducting the program.
Children shall not be involved in
written consent of the parent.
or publicity efforts without the
The
Office
of s Licensing
and
Regrilation, Division
of
Licensing
and
Certifiation shall be notified before changes are made which might have an
effect upon the license (for example, changes in age range of children to be
served, changes in space).
Arrangements for the child's return to the parent shall not include third
parties or other child care facilities unless written agreement between the day
care facility and the parent is on file with the Center.
Required records include:
Current written reports from the Department of State Fire Marshal and
(+"
Office of Health.
Occupational license (when applicable).
Current day care license on display.
II Personnel.
If the /lumber of-children exceeds forty-two (42), the director or operator shall
give full-time to administration. The director or operator shall be on duty:a
minimum of eight (8) hours a day at the center.
DAY CARE CENTERS
If ,day
LOUISIANA
care -are offered, there must
separate shifts.
If the director or operator is respensible for more than one center, there must t
.
.
be an individual designated as responsible for the operation Of each center.
1
he director or any regular`
--
-
There shall be provisions for substitute help,
employee is absent from-the center.
e
I organization and AdrrimistrationPlan - Governing Body.
There shall be a responsible `governing body which shall be= one of the following:
A board of local citizens elected-or appointed for that purpose; or
A board or committee .comprised of Tembers from a religious,
....-
charitable, or educational organization, etc.- or
A public authority.
The governing body shall exercise sufficient authority so
can be held
reasonably responAble for the center's practice.
The governing body shall have the power to ap
of the center.
and to dismiss the director
The governing body shall eleuly define the duties and responsibilities of the
director and determine who has authority to employ and dismiss personnel.
The governing body shall maintain records regarding qualifications
and
references of the director.
DAY CARE CENTERS'
312:
-Telephone
--
ill Plant
uipment.
LO
IANA
-There shell be. a telephone at the center. Apprppriate emergency numbers,
should be posted, such as fire department, police department, and medical
facility.
313.
Proof of
ator Financial. C
ab-
LA. REV. STAT. ANN. 51411 Day Care Centers Are Not Required to Furnish
Financial Statements.
The department shall not require Emy privately owned and operated day care
center to, fu-rnish any profit or loss or other financial statement either before
or after licensing by the department.
314.
Insurance
t
Not specified
320.
PERSONNEL
321.
Publication of Personnel Policies
Not specified
322.
Constraints
st Em 10--rnent
Not specified
330.
NON-DI SCRI
AT1ON
33L
Requirements Prohibiiing Discrimination
Not specified
9
7)
DAY CARE CENTERS
340.
RECORDS REQUIREMENTS,
Children
I Organization and Administrative Plan;
The center shall have an file and available at all ti
for eaci--Cchild in care:
NA,
following records
All information required on the Master Card (Form 94-B). (If a center
has enrollffient forms which contain all the information included on the
Master Card, they may be used.)
All medical information required on the Health Card (Form 94-C).
(Children's health records need not be held after the date of withdrawal
and should be returned to the parents.)
Prior to admission, a p ysiciants statement that the child
is free from
corn mi;riicable diseases is required (Physician's card, Form 94-C). The day
care director shall insure that the record on each child is available verifying
the child has had or
is in the process of receiving all imniunizations
appropriate to herfhis' age. These documents shall be part of the child's
records. When the child leaves the day care facility, these documents shill be
retimped to the parent.
342.
Staff
I Organization and Administrative Plan - Required Records.
There shall be on file at the center for each regularly employed and substitute
member of the staff a record including the following information:
Name, age, address, telephone- number.
Health records.
Previous work experience and training, including education.
Accidents, resulting in personal injury while on duty.
A written staff plan for the director and staff member which includes
the duties to be 6erformed, the hours of work, and the person to whom
each is responsible. .`
21.i
10
DAY CARE CENTERS-
LOUISIANA
Personnel records should be kept for one year 'after the emplo yee leav
th records may be returned to the staff member upon request.
343.
Child EljAtLility and Enrollment Requirements
W. Admission of Children,
Admission. of children shall involve an interview with the parent to secure
necessary information about the child and to complete Form 94-B (master
card).
Prior to admission, a physician's statement that the child is fre e from
communicable diseases is required (Physician's card, Form 94-G).
The day
care director shall ensure that the record on each child is ava able verifying
the child has had or is in the process of receiving all immunization%
appropriate to her/his age.
These documents shall be part of the child's
records. When the child leaves the day care facility, these documents shall be
returned to the parent.
See also M. General Health Requirements
344.
Child Abuse Reporti
Not specified
345.
Confident
yof Records Re irements
Not specified
400. GROUP COMPOSITIONS OF CHMDREN
410.
STAFF /CHAD RATIO- REQUIREMENTS
411.
Child Ratio as of March- 1981
II Personnel - Required Child Care Staff.
Required child care staff for centers serving ten (la) or fewer children
(including the operator's and/or staff's own preschool children):
11
DAY CARE CENTERS
NUMBER
10 (if no more than two children are under a
two)
10 (if three or more children are under age two)
LOUISIANA
STAFF,
Required child care staff fOr centers serving eleven (11) or more children:
CHILDREN
'Non= walkers and toddlers under 12.
NUMBER
STAFF
months
6
1
Toddlers (over 12 menths)
8
1
Two ye/sr olds
12
TIree year olds
14
1
Fotu year olds
16
'Five year olds
20
School age
25
When the center serves children of mixed ages, excluding children under two
years, an avenge of the staff ratio may be applied.
412.
M4thods of Computing StA f/Child Ratios
Ii Perionnelt Required Child Carp Staff.
Only those staff members directly involved it child care and supervision sh
be considered in assessing staff/child ratio.
420.
GROUP SIZE
421.
Group Size as of March, 1981
Not specified
422.
Methods of Computing Group Size
Not specified
12
DAY CARE CENTERS
LANA
500. STAFF QUALIFICATIONS AND TRAINING REQUIRE MENT
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
II Personnel - Child Care Staff.
Child Care Staff. Should be at least eighteen (18) years of age.
Persons
between the age of sixteen (16) and eighteen (18) enrolled in training programs
approve d by the Department of Education, may be employed provided the
number does not exceed one-fourth (1/4) of the child care staff,
512.,,
Health
II Personnel - Health Requirements.
All center staff shall be required to obtain, within two (2) wee].) before
beginning work, and at least every twelve (12) months thereafter, a written
statement from a physician certifying that the individual:
Is in good health and is physically able to care for children.
Is free from infectious and contagious diseases.
Has no evidence of fictive tuberculosis. At the time of employment, a
hegative skin test or a negative chest X-ray is required.
.
-
w
The director or operator or any center staff h
not remain at work if heh
any sign of a contagious- disease.
any staff member has been treateli for a psychiatric disorder, a license shall
not be granted until there is sufficient evidence that the staff person has
recovered and is able to perform his duties. A written statement from thi
treating psychiatrist or his designated successor may be required by a licensing
worker.
2
Ij
DAY CARE CENPERS
513.
Education
Not specified
514.
Experience
AS,
II Personnel Child Care Staff.
Child Care Staff must have . the sidlis and capOility necessarPio work with
children in order, to provide an environment conducive to the
ysical,-
t
emotional, and sbcial growth of children.
Eacfi staff member (includes the director, operator, child
other einployees of the- center such as the cook, housek
be known in the community to be of mod reputation.
52,0.
PROGRAM DIRECTOR ,QUALIFICATIONS
521.
,
aff, and any
uffeur ) must
II Personnel - Qualifications.
Director or-Operator must be at leas twenty-one (21) years of age: Durin the
director's absence from the center
staff member Must be degnated to
assume the director's responsibiliti
This staff member must be . at least
twentone (21) years of age.
522.
Health
See 512. Health
523.
Not specified
ration
14
A
DAY CARE CENTERS
524.
Experience
II Personnel - Qualifications.
Director- or Operator must be a mature, competent person who can combine
the duties of administration with the duties of providing an environment
conducive to the physical, emotional, and social growth of children. T- his shall
be documented by two or more unrelated references who have knowledge of
the director or operator's competence.
If a director or operator or member of his immediate family has had a previous
license revoked
or
refused,
upon
reapplication,
applicant shall provide
satisfactory evidence that the reason_ for such revocation no longer exists.
530.
SUPPORT STAFF QUALIFICATIONS
II PersonneL
Substitute workers and volunteer workers shall meet the
me medical
requirements as regularly employed staff.
A. half-time cook/housekeeper shall be required every day in centers caring for
twenty-one
(21)
but
less
than
twenty-nine
(29)
children.
A full-time
cook/housekeeper shall be required every day in centers caring for twenty-nine
(29) or more children.
540. - POST EIVIPLOYMENTAN7SERVICE: ORIENTATION AND TRAINING
54L
Pro --__m Director
Not specified
542..
Child__ ar -iver Staff
Not specified,
543.
Support Staff
Not specified
15
DAY CARE CENTERS
600. PROGRAM OF ACTIVITIES, 1N I,UDING EDUCATION
610.
PROGRAM REQUIREMENTS
611.
Program of Activities
V Care of Children.
Children shall not be cared for in a day care center for more than ten (10)
hours per day. .
There shall be a schedule of the day's plan of activities, providing for
flexibility and changes, as seem necessary. The program of activities shall be
adhered to with reasonable closeness but shall accommodate and have due
regard for .individual differences among the children.
The program shall
provide time and materials for both vigorous and quiet activity for children to
share or to be alone, indoor and outdoor play and rest. Regular time should be
allowed for routines such as washing, lunch, rest, snacks and putting away.
toys. Active and quiet periods should be alternated so as to guard against
overstimulation of the child. Quiet play such as storytelling or music should
precede the lunch hour, which then should be followed by a rest period.
Children shall be supervised at all times. Preschool children shall never be
left alone in any room or outdoors at any time without an adult present.
While on duty with a group of ehilen, child care staff members shall devote
their entire time in supervision of the children in participating with them in
theft. activities.
DAY CARE CENTERS
LOUISIANA
612.
Program Equipment and Materials
lIl Plant Equipment - Furnishings and
Play equipment of sufficient quantity and variety for indoor and outdoor use
shall be provided which is appropriate to the needs of the children.
The
equipment shall be maintained in good repair and shall include equipment
which encourages active physical play (for example, climbing apparatus,
swings, wheeltoys); and equipment which encourages quiet play or activity (for
example, sand, clay, crayon, paints, story and picture books, dolls, puzzles,
music).
uipment.
There shall be low, open shelves within easy reach of he children for the
qtorage of play materials in each play area.
There shag be individual space for each child's clothing, such as lockers or low
hooks.
Chairs of a suitable size and table space m
years or older.
613.
Nap
vision
be available
each child two
Ill Plant Equipment
Furnishings and Equipment.
Individual and appropriate sleeping arrangements must be provided for each
child. (State and local health requirements regarding sleephig arrangements
must be met.) Each child shall be provided with a cot or crib of appropriate
size, height, and material, sufficient to insure his health and safety.
Mats may be used under certain circumstances. If the area used for napping is
carpeted, or if the facility is centrally heated and cooled, the operator may
.
-
request an exception to the requirement for cots.
The request for an
exception shall be made prior to the use of the mats. If mats are permitted,
they must' be at least one inch thick and also of adequate size and material to
provide for the health and safety of the child.
17
2 2 i
DAY CARE CENTERS
Each child's sleeping accommodations shall be
basis and labeled.
LOI
IANA
o him
a permanent
Sheets shall be provided by either the center or the parent, unless the cots or
mats are- covered with vinyl or another washable surface. A sheet or blanket
shall also be available for covering the child.
Cribs, cot
use.
.
or mats shall be spaced at least eighteen (18) inches apart when in
I.
V Care of Children.
Pre - school, children shall have a rest period of at least one hour.
61l prIlarrd'As.Livities, and 1340. Health
614.
Discipline and Guidance
V Care of Children_- Discipline.
Each center shall establish policy an regard to methods of discipline.
This
statement of policy Must be prominently posted.
0
No child shall be subject to physical punishment, verbal abuse or threats.
Cruel, severe, unusual or unnecessary'punishment shall not be inflicted upon
children.
Derogatory remarks shall not be made in the presence of children
about family members of children, in care or about the children themselves.
No child or group of chil dren shall be allowed to discipline another child.
When a child is removed from the group
disciplinary reasons, he should
never be out of sight of a staff member.
No child shall be deprived of meals or any part of meals for disciplinary
reasons.
18
2
DAY CARE CE1
LO
ANA
Reports of mistreatment of children coming to the attention of the Office of
Licensing and.Regulation will be investigated.
700. HEALTH AND SAFETY
710.
HEALTH
711.
General Health Requirements
-i Organization and Administrative Plan
Required Records.
,
Faith information regarding the persons living in a private residence, part of
which is used as a day care center.
H Personnel - Qualification.
Each person living in a private residence, part of which is used as a day care
facility, shall meet the same medical requiriments as employed personnel and
children enrplled.
so 34L Children
712.
Health Assessments
V Care of "Children - Health Service to the Child.
Each child in the center shall have an annual physical examination and medical
statement that the child
is in gobd health and free from infectious or
contagious diseases.
See also 341. Children
713.
Immunizations
See 341. Children
DAY BARE CENTERS
LOUISIANA
714.
Sanitation
IR Plant Equipment - Furnishings and Equipment.
Staff smoking is allowed only when the center has a designated smoking area
Health regulations prohibit this designated area from being a food service area.
also
50. Sanitation
715.
Daily Illness Screening
V Care of Chiliiren - Health Services to the Child.
Each child shall be observed for possible respiratory infections or skin disease
and shall not be permitted to attend the center until he is free from fever or
on prescribed medication forr24 hours.
716.
Care of Sick Children
131 Plant Equipment
Space Required.
There shall be provision for isolating temporarily a child having or suspected
of having a communicable disease so he can be removed, from the other
children. Movable partitions are permissible so that the space may be used for
play when not needed for isolating an ill chilF1.
V Care of Children - Health Services to the Child.
If symptoms of contagious or infectious diseases develop while the child is in
care, he shall be placed, in isolation until a parent or designated person has
been consulted. Any child who bps had a 101 degree temperature reading in the
last twelve (12) hours is suspect.
If a child has had a highly contagious disease, such as chicken pox, measles,
etc., the child shall not be allowed to return to the center-'until symptoms have
subsided or until he is free.from fever.
20
DAY CARE CENTERS
LO
SIANA
The parent or designated person shall be notified as soon as possible if a child
develops symptoms of illness or suffers an accident while in care.
717.
Medication and Special. Diet Provisions
V. Care of Children - Health Services to the Child.
No drugs of any type, including aspirin, should be given by the center personnel
unless prescribed by the child's physician or authorized by the parent.
718.
Waiver of Health Requirements
Notlspecified
720.
SAFETY
721.
General Safety Requirements
ffi Plant'Equipment - Safety Requirements.
Drugs, poisons, harmful chemicals, equipment and tools shall be locked away
from the children.
Secure railing shall be provided for flights of more than three
steps and for
porches more than three (3) feet from the ground.
Gates -shall be provided at the head or foot of each flight of stairs to which
children have access when children under two (2) years of age are in care.
fences shall be provided where there are open cisterns, wells, ditches, fish
ponds, and swimming pools.
The center and yard must be clean and free from hazards.
722.
Fire Safety Requirem en
See 1510. Fire
21
0 0
4. 4. L.)
DAY CARE CENTERS
723.
Transportation
LOUISIANA
VI Transportation.
The center which provides transportation of children assumes additional
responsibility for the safety of children. The center's- transportition plan must
be posted.
The director
or operator shall ensure
transportation
transportat<on arrangemen
conform to state laws.
The driver must be covered by liability insurance.
The driver shall hold a valid chauffeur's license if vehicles
e used that
require the driver to have a chauffeur's license.
The driver shall' not leave the 'vehicle unattended
at any time while
transporting children.
The driver shall see that:
Each child boards or leavesithe vehicle from the curb side of the street
and/or is safely conducted across the street.
A responsible person is present when the child is delivered to his home
or the center.
Good order is maintained on the vehicle.
The vehicle shall be maintained in good re
Transportation by Commercial Concern.
When the center contracts with a commercial concern for transportation,
must select one with a good reputation and reliable drivers. The above rules
on transportation should be observed.
2
724.
Safety Re uirers for Ec Equipment
Not specified
22
DAY CARE CENTERS
LOUISIANA
725.
Water Activities (Including Swimmin
Not specified
726.
Emerx_ency Procedures
V Care of Children - Health Services to the Child.
In case of emergency and the parent or the child's own physician cannot be
reached immediately, the Master Card signeld by the par_ ent must be presented
to the physician or mediCal facility providing emergency treatment.
727.
First Aid Suppli
RI Plant Equipment
Safety Requirements.
First Aid supplies shall be available at the day care center.
,
800. NUTtRITION AND FOOD SERVICE
810.
NUTRITION
81L
Nutritional_Requirements
V Care of Children - Nutrition.
Well- balaneed and nourishing meals and snacks shall be provided. Children in
care for, more than four hours must receive a-quantity of food that will supply
approximately one-half to two-thirds (1/2 to 2/3) of the current Recommended
Dietary Allowanc
of the National Research Council. Children in care for
five pr more hours
ust be served a hot meal
eats and snacks must be offer
intervals.
to to two and one-half (2 to 2 1/2) hour
Weekly menus for meals and snacks shall be pasted for viewi
and reviewing by the Office of Licensing-and Regulation.
23
e parents
DAY CARE QENTERS
Children coming in the morning without break
ood must not be sold to the children.
L6 IISI iNA
b
shou d]beserved this meal.
Drinking water shall be readily available to the children in single service cups
or cups that can be sanitized. Drinking fountains are permissible. Infants and
toddlers should be offered water at intervals.
812.
Waiver of Requirements
V Care of Children - Nutrition.
It is not permissible for children to bring their own food to the
nter with the
following exceptions:
Ch
en on therapeutic diets prescribed by physician may- bring their
own food for meals and snacks if a written request is received and kept
on file.
Refreshments
. for special occasions such
birthday parties and
holidays, with prior approval from the director.
See also 1130. INFANT NUTRITION
820.
FOOD PREPARATION
821.
Food Pre
a ion and Service R uirements
Not specified
Not specified
Not specified
900. SOCIAL SERVICES
1000 PARENT PARTICIPATION
24
DAY CARE CENTERS
LOUISIANA
1100. INFANTS AND TODDLERS
1110. PROGRAM OF ACTIVITIES
V Care of Children - Daily Program.
Infants shall not remain in cribs, babybeds, or playpens all day.
1120. HEALTH AND SAFETY REQUIREMENTS
Not specified
1130. INFANT NUTRITION
V Care of Children - Nutrition.,
It is not permissible for children to bring heir own food to' the center
h the
following exceptions:
Bottled formula for infants should be supplied by the parent and should
be labeled.
Infiints are fed and Si
rvised individually.
Infants not able to hold their own bottle shall be held.
Any current feeding recommendations of p
should be kept on
file and followed.
Infants and toddlers should be offered water at intervt,ls.
1200: CHILDREN WITH HANDICAPPING CONDITIONS
1210. PROGRAM OF ACTIVITIES
Not specified
22.)
DAY CARE CENTERS
'LOUISIANA
1220. HEALTH AND SAFETY REQUIREMENTS
Not specified
1230. STAFFING
Not specified
1300. SCHOOL AGE CHILDREN
1310. PROGRAM OF AC
Not specified
1320. HEALTH AND SAFETY REQUIREMENTS
Not specified
1400. FACILITY REQUIREMENTS
1410.
SPACE
III Plant Equipment - Space Required.
There shall be a minimum of indoor space of at least thirty-five (35) square
feet per child. The space shall not include toilet facilites, hallways, storage
or food preparation areas, or office. Any room counted as play space must be
available for play during play hours. If rooms are used exclusively for dining
or sleeping, they cannot be included in play space.
The number of children using a room shall be based on the thirty-five (35)
square feet requirement; .except for group activities such as film viewing,
parties, and dining.
There shall be outdoor space adjourning the center which provides a minimum
of seventy-five (75) square feet for each child in the group at any one time.
The minimum outdoor play space shall be avanable for at least one-half (1/2)
of the number of children in care.
23 tj
26
DAY CARE cENTERS
LOUISIANA
The outdoor play space shall be enclosed in such a manner as to protect the
children from traffic hazards and to prevent the children from leaving the
premises without supervision.
1420.
LIGHTING VENTILATION, AND TEMPERATURE
Not specified
1430.
EXIT'S
Not specified
1440. TOILETS AND LAVATORIES
Not specified
1500. OTHER STATE REQUIREMENTS - COMPLIANCE WITH OTHER LOCAL,
STATE; AND REGIONAL LAWS AND REGULATIONS
1510.
ZONING
I Organization and Administrative Plan - Required Records.
Certificate of Occupancy (zoning requirements) is required.
1520. FME
III Plant Equipment - Fire Safety.
A center shall in all respects meet the requirements of the fire prevention and
safety authorities who have jurisdiction over it.
Once an applidation for
licensure is received, the Office of Licensing and Regulation shall request a
fire inspection by the State Fire Marshal if this has not been previously
requested by the operator. The operator shall be notified of this action.
Thereafter, a yearly report of approval from the fire prevention and safety,
authorities is required.
27
2 3
DAY CARE CENTERS
LOUISIANA
1530.
BUILDING
N4.74 specified
1540. HEALTH
Ill Plant Equipment = Furnishings and Equipment.
State and local health requirements regarding sleeping arrangements must be
met.
1550. SANITATION
Ill Plant Equipment - Sanitary Requireinerits.
The plant and equipment shall conform to state and local ordinances governing
sanitation, as certified by a written statement given during the preceding
twelve (12) months by an authorized representative of the Office of Health
Services.
Once an application for licensure
is received, the Office of
Licensing and Regulation shall request _asanfratian inspection, if this has net
been previously requested by the operator. The operator shall_be notified of
this action.
A yearly inspection by the Office of Health is required. The Office of
Licensing and Regulation shall request this inspection annually if the operator
has not already
ne so.
1560. NEW CONSTRUCTION
Not specified
28
DAY CARE CENTERS
MAINE
Except where othervdse noted, all citations are from the Maine Department of
Health and Welfare, Rules and Regulations for the Licensing of Day Care
Centers for Children, October, 1974.
100. STATE LICENSING OF CHILD DAY CARE FACILITIES
110.
TYPES OF FACILITIES SUBJECT TO LICENSURE AS DEFINED BY
STATE STAyUTES AND REGULATIONS AND/OR LOCAL 0 DINANCES AND
REGULATIONS
Definition
Part I Definitions.
The term "day care center" shall mean a house or other place conducted or
maintained by anyone who advertises himself or holds himself out as providing,
care and protection for 13 or more children under 16 years of age, except
children related tb the operator by blood, marriage, or adoption, who are
unattended by parents or guardians, for any part of a day.
112.
Exclusions and Exemptions
Part I Definitions
Any fac_ -y the chief purpose of which is to provide education shall not be
considered to be a day care center.
113.
HHS Day Care Compliance
Not specified
DAY CARE CENTERS
MAINE
120.
AGENCY RE PONS LE FOR LICENSING OF DAY CARE PROGRA
121.
Organization of the Administrative Unit
Cornmissioner
DEPARTMENT OF HUMAN SERVICES
Deputy Commissioner
SOCIAL ANp REHABILITATIVE SERVICES
Director
BUREAU OF RESOUItCE DEVELOPMENT
Director
DIVISION OF LICENSING
Manager
FOSTER & DAY CARE LICENSING
Li
ing Staff
2 3 ,
DAY CARR CENTERS
MAINE
In
'ne, licenses are issued and revoked at the state central office level, and
licensing staff are directly supervised by state centre office. stag, although
they are housed in the regions.
122.
+
onsible Official
All inquiries should be- addressed to.
Director, Division of Licensing
Bureau of Resource Development
Social and Rehabilitation Services
Department of Human Services
Augusta, Maine 04333
(207) 289-3455
200. LICENSING PROCESS AND ENFORCEMENT PROCEDURES
210.
LICENSING PROCESS
211.
Promulgation of Relations_
Not specified
212.
Advisory Body and Other Community Participation
Not specified
220.
LICENSING= PROCEDURE
221.
Application and Issuance
Part II Minimum Requirements - Licensi
Any person, firm, corporation or association operating a day care center for
children under 16 years of age shall be required to have a license from the
Department of Health and Welfare to operate this faeility.
DAY CARE CENTERS
MAINE
Licenses shall be effective for a twelvemonth period from the date of
issuance given on the license. If the licensee moves to a new location, the
license at former address becomes void and licensee must apply immediately
for a license to cover new location. If the director of the facility should
change, an application for a 'new license must be submitted immediately.
Licenses are issued for a specified number of children in a specified age range
and no person shall operate a day care center having Irt it more aiildren than
the number allowed by the license. A license may be reissued for a larger or-
smaller number of children at the discretion of the Department of Health and
Welfare.
No license to operate ,a day care center shall be issued in combination with a
license to maintain a boarding home for children or a child caring institution,
unless separate fac_ ilIties and separate staff are utilized.
Application for a license shall be made to the Social Services
Unit,
Department of Health and Welfare, State House, Augusta, on forms furnished
by the Department of Health and Welfare.
Such inspections are made by an inspector employed by the State Fire
Marshal's Office at the request of the Department of Health and Welfare.
222.
Fee Charged
Not specified
223.
Areas of Lnvestigation
Part 11 Minimum Requirements = Licensing.
No license to operate a day care center at any location can be issued until
such
center passes a
satisfactory inspection
for
fire safety
and
fire
protection.
Such an inspection must be made annually thereafter if the
renewal license is to be issued.
4
DAY CAkE CENTER
MAINE
All inspections shall be made under the provisions of Title 25, sections
including 2360, 2391, 2392 and 2452 of the Revised Statutes and other fire
prevention statutes and rules and regulations promulgated by the Department
of Public Safety of the State of Maine.
Following receipt of an application for a license to operate lit day care center,
a representative of the Department will evalua1 the adequacy of care
provided or planned for children and the physical plant to insure compliance
with applicable rules, standards and regulations adopted by the Department of
Health and Welfare.
224.
License Renewal
Part II Minimum Requirements - Licensing.
Applications for a renewal of a license should be made 60 days prior to the
date of expiration in order that necessary licensing procedures may be
completed to assure the continuity of the license.
Renewal of a license will be based on the continued compliance with the
applicatiie standards, rules and regulators adopted by the Department of
Health and Welfare.
225.
Conditional/Provision
ice
Not specified
226.
Subs
tialCompliarice
Not specif_ed
230.
ENFORCEMENT PROCEDURES
231.
,Facility Inspections
Part II Minimum Requirements - Licensing.
A representative of the Department will make periodic visits to the day care
center for the purposes of supervision and consultation.
5
3 i
DAY CARE CENTERS
MAINE
232.
Denial
ion, Revocation of a License
Part DI Refusal to Issue the License.
If the licensee fails at any time to comply with the licensing statute,
regulations or rules, the Department of Health and Welfare shall file a
statement or complaint with the Administrative Court Judge.
The Department of Health and Welfare may refuse to issue or reissue a license
at any time for failure to comply with the licensing statute, regulations or
rules pertaining thereto. In case the day care center cannot be licensed or
relicensed, a letter will be written to the applicant explaining the-Veasona.
233.
Remedies and Sanctions
233.1
Hearin
Part DI Refusal to Issue the License.
A person aggrieved by the refusal of the Department to issue or reissue a
license may file a statement or complaint with the Administrative Court
Judge in accordance with the provisions of Title 5, M.R.S.A., Chapters 301 to
307.
233.2
Decision
See 233.1 Hearin
233.3 Judicial Review
Not specified
6
2
DAY CARE CENTERS
MAINE
300. ADMINISTRATXN
310.
GENERAL ADMINITRATION
311.
General Administrative Requirements
Part II Minimum Requirements - Licensin
Day care centers holding a license shall keep a daily register of all children
admitted, in attendance and -dismissed, and said register to be available for
inspection by the Department of Health and Welfare.
A Admminstration.
Day care centers may be of two
es:
Those operated by individuals for
profit and those operated by social agencies, religious groups, community
groups or other as a non-profit communit service.
If the day care center is operated by an individual or individuals for
profit, there must be one individual fully responsible for policy making
and administering of the program.
If the day care center is operated as a -community service and financed
by voluntary contributions or by tax funds,= there must be submitted
with the application the names of the membe-- of the Board of
Directors who shall:
Define the purpose and scope of the serv-ice.
Develop policies and provide for
he implementation of them.
Be responsible for establishing and maintaining a sound financial
structure.
2 7
DAY CARE CENTERS
MAINE
Select a skilled
,program.
well-qualified director to administer the
Interpret the service to the community.
B Staff - Director.
The Director shall be responsible for the operation of the day care center at
all times, except in the necessary absence of the Director a responsible staff
merrtber shall be delegated-to be in charge.
312.
Telephone
E Building and Equipment of Day Care Center - Furnishings.
A telephone 'must be easily accessible in the center.
313.
Proof of Operator Financial Capabilities
A Administration - Financing.
There shall be saficient funds, as evidenced by a budget, available at all times
to assure continuous operation in accordance with the minimum standards
established by the Deputment. A new day care center shall have sufficient
assured funds to carry through at least three months of operation with only
limited dependence on fees.
An annual budget shall be prepared and submitted in detail showing income
according to sources -and itemized expenditures, including salary, services,
program supplies, food, fixed expenses, equipment, insurance, repairs and
replacements. Day care centers operated with no public funds shall be exempt
from' the above" financing requirements. Day care centers operated with no
public funds shall be exempt from the financing requirements.
DAY CARE CENTERS
MAINE
314.
Insurance
A Administration - Insurance.
The day care center shall carry a minimum liability insurance of $100,000 per
arson, $300,000 per occurrence; a minimum of $5,000 property damage;
appropriate automobile liability insurance, if transpirtation is provided.
A certificate of insurance must besubritted prior to the issuance of a license.
320.
PERSONNEL
321.
Publica 'on of Personnel Policies
Not specified
(322.
Constraints Against Employment
Not specified
330.
NO -DISCRIM A ON
33L
Re u
Not specified
rein en
Pr
Ili n Discrimination
340.
RECORDS REQUIREMENTS
34L
Chi
C Minimum Standards Concerning Program - Child's Record.
An adequate social and progress record, together with identification of
responsibility data, shall be kept on file by the day care center on each child in
care.
Identification of responsibility data or information shall include:
Name, birthdate and address of
e child.
DAY CARE CENTERS
Name, address and telephone number of parent(s).
Places of e
oy ent of pa-rent(s), if employed.
The telephone number and address of employer(s).
MAINE
A method of contacting the parent(s) at the place of employment.
The name, address' and telephone number of a person other than the
parent to contact in case the parent cannot be reached in an emergency.
Legal guirdian(s).
Copy of any financial agfeernent with paren
Daily attendance record.
Dates f admission and discharge.
Record of immunization.
Name, address and telephone number of a physician to call in
emergehey.
Written authorization to obtain4emer
ncy and medical
e.
Names of persons who may be permitted by the parent to remove the
child from the, center. The eenter must be notified by the parent when
regular transportation or pick-up methods will vary.
4
A summary record of significant, factors
concerning
adjustment in the center, unusual events and occurrences.
10
242
DAY CARE CENTERS
342.
Staff
MAINE
B Staff - Other Staff ReqUirements.
A personnel record shell be kept for each staff member employed in the day
care center. It must incl de the following information:
Name, address, birt date,isocial security number and telephone number.
Medical statm ents.
Training, education, e
e and other qualifications:
Any
references
and/or reports from
other
employers
with
any
evaluation of ability, character and suitability for work with children.
There should be at least one evaluation of each staff member's
performance-by the 'Director.
Dates of employment,
mination and reason for termination.
These personnel records shall be available for inspection by a representative of
the Department.
343.
Child
and Enrollment Re uirements
C Minimum Standards Concerning Program - Admission and Intake.
No child under 2 1/2 years of age, as verified by a birth certificate, shall be
cared for in a day care center.
Intake and admission policies shall be clearly defined, formulated in writing
and forwarded to the applicant. These policies shall require determination
that the service will meet the needs of the individual child and his parents.
DAY CAR CENTERS
MAINE
This determination will be based on at
one interview with the parents
during which a brief life history of the child prior to the time of his
application to the center will be obtained. If there are fees, the policy shall
include a statement of the services covered by these fees.
A plan shall be made with the parents for the child's introduction into the day
care program in accordance with the ages maturity and previous experience of
the child. Arrangements shall be made for the child and his parents to visit
the center prior to his admission.
344.
Child Abuse Reporting
Not specified
345.
Confidentiality of Records R e
r e r e n t s
Not specified
400. GROUP COMPOSUIONS OF CHILDREN
STAFF/CHILD RATIO REQUIREMENT
411.
Staff/Child Ratio as of
II
B Staff.
The maximum number of children to be assigned to one adult, exclusive of
service staff (clerical, cooking and maintenance), in centers caring for more
than 15 children shall
2 1/2 - 3 years old - - 0 children to one adult
3 - 4 years old - =10 children to one adult
4
years old and over - - l5 children to one adult
24.
12
DAY CARE CENTERS
MAINE
e before and after school programs wilt use the following ratio:
10 children to one adult
412.
Methods of Computing Staff/Child Ratios
B Staff.
Children of staff members who attend the day care center, or who are in the
number of children cared for on the premises, shall be counted in the
appropriate age groups.
Children in attendance for only part of a day will be counted only while in the
day care center in determining, staff-child requirements.
When there is a combination of ages within a group, the nu
r of required
staff shall be determined on the basis of the age of the youngd
420.
_ GROUP S1z
421.
Group Size as of March, 1981
Not specified
422.
Methods of Computing Group Size
Not specified
500. STAFF QUALIFICATIONS AND TRAINING REQUIREMENTS
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
Am
Not specified
DAY CARE CENTERS
512.
Health'
B Staff - Other Staff Requirements.
There must be a Medical form prior to employment in a day care center and
annually thereafter from a duly licensed physician for each member of thei
staff certifying that the staff member is free from communicable and -
contagious diseases, including 'tuberculosis.
This 'must. include
ail annual
tuberculosis skin test of a type acceptable to the Division of Disease Control,
Bureau of Health. In the case of a -positive skin test, the staff member is
required to have appropriate follow-up as defined by the Division of Disease!
Control. A staff member must prov,ide a written statement from a duly,'
licensed
physician
when
returning
to work
after
absence
due
to
communicable or contagious illness.
No person shall be compelled to undergo a physical examination or test for
tuberculosis if he objects thereto on the ground 'that it is contrary to his
religious convictions, unless there is a probable cause to suspect that be
manifests:the symptoms of a communicable or contagious disease or he is
infected with tuberculosis in a communicable stage.
513.
Education
B Staff - Other Staff.
If the day care center provides a kindergarten program for 5-fear olds, it must
be staffed by a certified teacher, preferably with training in nursery or early
childhood-education.
The teacher or person having primary responsibility for a group of children
must have completed high school or be working actively toward obtaining a
high school equivalency certificate.
Assisting Teacher/Teacher Aides
Assisting teachers and/or teacher aides, if employed, Must have a high school
education, be working actively toward a high school equivalenCy certificate or
be attending high school.
14
24G
DAY CARE CENTERS
MAINE
514.
Experience
B Staff - Other Staff Requirements.
Each member of the day care center staff must be competent in his assigned
tasks. He must be reliable, mentally and physically fit and emotionally well
adjusted. He must be able to accept responsibility for group care of children.
All staff must be persons who:
have an interest in and capacity for enjoying chil&en.
discern the feeling and needs of children and deE
sensitivity and understanding.
with them with
deal in a non - punitive and firm fashion with out-of -bounds behavior.
accept the expression of strong feelings - - love, rage, joy, sadne
jealousy or grief without being unduly upset.
are dependable, consistent, flexible and have good ju
ment in handling
all emergency situations promptly and intelligently.
See also 513. Education
520.
PROGRAM DIRECTOR QUALIFICKIIONS
521.
Ao
9 Staff - Director.
The Director or the person who has been delegated the responsibility of
Director in the Director's absence shall be at least 21 years of age and be a
high school graduate or its equivalent.
15
DAY CARE CENTERS
522.
Health
MAINE
B Staff - Other Staff Requirements.
The director's medical statement must be submitted prior to the issuance of a
license.
523.
Education
B Staff - Director.
The Director of a program serving any preschool children must haveztt least
two years of college work, including courses in child development and the
behavioral sciences and six months experience or a Department approved,
supervised internship period with preschool children.
r
Graduation from an accredited high school or its equivalent and two years of
regular
'd. employment working with children in a day care center or
preschool facility and at least six college level credit hours in early childhood
education may be substituted for the two years college work.
In lieu of the qualifications of the Director, said Director may employ a staff
person who does meet the above qualifications who will be responsible for the
planning and direction of the program in a day care center.
The Director of a program serving only school -aged children must have
completed at least two years of college and six months experience in a related
program for school-aged children. Graduation from an accredited high schopl
or its equivalent and six months of regular paid employment working with
children and at least six college level credit hours in child development, child
psychology or recreative skills may be substituted for the two years college
work.
16
2
DAY CARE CENTERS
524.
Experience
See 523. Education
530.
SUPPORT STAFF_ QVALIFICKIIONS
B Staff - Other Staff.
The day care center must have a written agreement with a legally constituted
health facility that a duly licensed physician will provide consultation ,and
emergency treatment or such agreement may be made directly with a duly
licensed physician.
MAINE
540.
POST EMPLOYMENT/IN -SERVICE: ORIENTATION AND TRAINING
541.
Program
:rector
Not specified
542.
Child Carver S
B Staff.
Each teacher, assisting teacher and/or teacher aide must participate in
in-service
training programs and/or
workshoRs
in
the
fields
of
child
development and education, which may be sponsored by the Department of
Health and Welfare or other agency or organization approved by the
Department.
543.
Support Staff
See 542. Child Caregiver S
17
2 4
DAY CARE CENTERS
MAINE
600. PROGRAM OF AcTivrnEs, INCLUDING EDUCATION
610.
PROGRAM REQUIREMENTS
611.
am of Activities
C Minimum Standards Concerning Program - Daily Program.
Every child shall be considered as an individual and develophiental level,
Capacities, special needs or problems shall determine what can be expected of
him.
4.-'S
The day care center shall have time and materials
both quiet and active
play and rest.
There shall be provision for the child to play in group activitie
children or to engage in solitary activities.
with other
Provision shall be made for at least one hour of outdoor play each morning and
each afternoon that the child spends in the day care center, except in very
unfavorable weather. There must be supervision of outdoor play in accordance
with the staff-child ratio. The staff members responsible for the supervision
of outdoor play must be in the play area with t
',ildren.
A schedule of the planned daily program shall be written down and shall be
available
for
inspection.
The program
shall
follow
the schedule with
reasonable closeness but shall permit necessary flexibility and have continuity
with due regard for individual differences among the children.
A daily attendance record must be kept in the center.
18
DAY CARE CENTERS
MAINE
612.
Program Equipment and Materials
C Minimum Standards Concerning Program - Daily Program.
Creative experiences must be providid with art, music, books, stories, science,
blocks, and dramatic play, with the basic equipment to afford opportunities for
these activities.
613.
Nap Provision
C Mimimum Standards Concerning Program - Daily Program.
AU preschool children must sleep or rest on individual cots or mats at some
period during the day's program.
614.
Discipline and Guidance
G Discipline.
The day care center shall use only constructive methods of discipline.
Corporal punishment, shaming and embarrassment shall not be used,as a means
of discipline and control.
ishment or threat of punishment s
11 not be associated w-Lh food, rest,
isolation for illness or toilet training.
_
AND SAFETY
700.- HEALTH AND SAFETY
710.
HEALTH
711.
General Health Requirements
B Staff.
The day care center must have a written agreement with a legally constituted
health facility that a duly licensed physician will provide consultation and
emergency treatment or such agreement may be made directly with a duly
licensed physician.
19
DAY CARE CENTERS
MAINE
At least two staff members must be present in the day care center at 11 times
in ease of emergene# or sudden illness.
712.
Health Assessments
Health Program In Day Care Service - Immunization and Pr Admission
Examination.
A physical examination may be required at the discretion of the operator.
a
713.
Immunizations
F
Health Program In Day Care Service - Immunization and Pre-Admission
Examination.
A record of each child's immunizations shall be on file in the day care center.
The record shall note whether the child has been satisfactorily immunized or is
in
the
process
of
being
immunized
against
measles,
whooping
cough,
poliomyelitis, diphtheria and tetanus, unless there is a medical or legal reason
why these immunizations must not be done.
ReCords shall be updated as
immunizations are done.
714.
Sanitation
E Building and Equipment of Day Care Center.
Cots, mats, blankets and play equipment shall be kept clean.
Water supply and sewage disposal shall meet the standards of the Division of
Health Engineering.
Each child must have his own towel and wash cloth, unless disposable paper
products are utilized. To els and wash cloths must be kept in sanitary condition
and hung individually.
- Drinkang water must be available to the children. (Paper cups are recommended.)
2
20
DAY CARE CENTERS
MATE
Daily Illness Screening
F Health Program In Day Care Service - Control of Communicable Diseases.
Each child must be observed on arrival'hefore he has joined his group or is left at
the day care center for obvious sips of illness, e.g., running nose, rash, cough,
etc.
Staff in a day care center must form the habit of automatic observation of all
children throughout the day, and must isolate an apparently sick child from the
other children until it is possible for him to be taken home.
716.
Care of Sick Children
F Health Program In Day Care Service - Control of Communicable Diseases.
Children who are discharged due to illness shall, not be re-admitted until they are
well. A doctor's statement may be required at the discretion of the center
operator.
Medication and Speeisl Diet Provisions
F Health Program In Day Care Service - Daily Medical Care.
Children requiring medication during the day, variations in diet or special
medical procedure shall receive these' only on written order from a physician and
a dated, written, request from parent or guardian.
Under no circumstances may a staff member act as a physician, as for example,
giving aspirin or vitamins to a child.
All medications must be labeled most carefully with the child's name, stored in a
locked container and returned to the parent or discarded when no longer needed.
21
DAY CARE CENTERS
.
MAINE
718.
Waiver of Health Requirements
F Health Program In Day Care Service - Immunization and PrAdrnission
Examination.
No child shall be compelled to undergo a physical examination, immunizations or
test for tuberculosis if objected thereto on the ground that it is contrary to
religious convictions, unless there is a probable cause to suspect that he
manifests the symptoms of a communicable or contagious diseas% or he is
infected with tuberculosis in a communicable stage.
720.
SAFETY
721.
General Safety Requirements
E Building and Equipment of Day Care Center - Safety and Sanitation.
No lead paint shall be used on toys, furniture or any interior surfaces. Interior
2
paint which is chipped or cracked shall be repaired or covered.
All cleaning supplies and any substances carrying a label, "Warping keep out of
retch-of children," (or any such warning of danger) shall be stored out of reach of
chilldren even in rooms in the center which are riot used by children.
Furnishings must be appropriate to the age, size and activities of the childrdn in
the group. N-0-eribs or high chairs shall be used except with prior approval of the
Department when the center serves children with special needs.
These furnishings shall be of non-poisons .
q.nd non-comblistibIe material.
Each child shall have a place to hang his outside clothing and store his
22
DAY CARE CENTERS
722.
Fire Safety Requirements
MAINE
E Building and Equipment of.Day Care Center - Safety and SEmitation'.\\
Fire drills shall be conducted at least once a month for all children anciadtilts in
the center. Fire drills 'shall be unannounced to the child care staff and shall
occur at varying times of the morning and afternoon. A record of all fire drills
shall be kept and this record shall be available for inspection by the-Department
of Health and Welfare, the Fire Marshals Office and the local fire inspector.
There must be written fire gill proced
childrtn.
723.
Trans portation
z
ID Standards Concerning Transportation.
If transportation is provided by the center, it shall be provided in accord with the
Motor Vehicle Laws,-and in accord with the following &egulations:
sted in each morn utilized by
The center shall assume responsibility for the child from the time he is
Picked up wail he is delivered to his parents or to a responsible person
delegated by his parents.
No child shall be permitted to remain in any vehicle while it is unattended
elk, or to stand in the vehicle While it is bansporting.
There shall be an adult in addition
to
the
driver in any vehicle
transporting six or more children to and from the center.
Vehicles utilized for transportation of children shall be maintained in safe
operating condition, be clean, comfortable and free from obstruction on
the floor and seats of the vehicle.
No more than three persons, including the driver, shall be permitted to
occupy the front seat of the vehicle.
DAY CARE CENTERS
MAINE
Any vehicle used for the transportation of children shall be provided with
safe door locks. The doors of such vehicles shall be opened and closed by
an adult and all doors must be able to be opened on the inside.
No child shall ride for more than one hour in order to reach the center or
return home.
The driver of a vehicle transporting children shall be at least 18 years old
and shall have a valid Maine license.
If parents utilize public transportation for the delivery or pick-up of a child, the
center must advise the parents that the center cannot assume responsibility for
the child in transit.
724.
Safety Requirements for Equipment
See 721. General Safety Requirements
725.
Water Activities ancludi__ Swimminp
Not specified
726.
Emergency Procedures
F Health Program In Day Care Service.
A physician must be consulted whenever frank exposure to disease has occurred
in a day care center about instructions to parents of exposed children and the
propriety of control measures. (Such as Gamma Globulin for measles.)
During epidemics the local health department shall be consulted about closing
the day care center temporarily to reduce transmission of the disease.
2 5 o'
24
DAY CARE CENTERS
MAINE
There must be present at all times a staff member in each day care center who
has basic knowledge of current first-aid principles, by training or having
completedVa course equivalent to the American Red Cross training course,
including control of bleeding and artificial respiration.
Parents or other designated persons must always be notified at once of the
occurrence of any major accident or emergency as outlined in child's record.
727.
First Aid Sup 2lies
F Health Program In Day Care Service - Accidents and Sudden Illness.
There must be immediately available a manual of first-aid
ures and first-
supplies.
Germicidal substances should be avoided and used only on medical advice.
800. NUTIVTION AND FOOD SERVICE
810,
NUTRITION
811.
Nutritional Requirements
C Minimum Standards Concerning Program - Daily Program.
Meals in a full day schedule must include morning and afternoon snacks and a
well-balanced lunch. Snacks must be simple and nourishing, such as milk, fruit or
fruit juice and crackers. Lunch shall consist of servings of vegetables or fruit, or
both, meat, poultry, fish, cheese or eggs or protein substitute, bread, butter or-
margarine and milk as a beverage. Menus, including snacks, must be posted.
25
DAY CARE CENTERS
MAINE
In a full-day program in the day care center, at least one-third of the daily
nutritional requirements must be provided. If breakfast is served, two-thirds of
the daily nutritional requirement must be provided.
812.
Waiver of Requirements
Not specified
820.
FOOD PREPARATION
821.
Food Preparation and Service Requirements
E Building and Equipment of. Day Care Center - Kitchen Facilities.
Kitchen ficilities must be separate from the playroom, yet located so that food
can be transported readily, kept hot and easily served. They must be well
lighted, clean and orderly.
Each unit must comply with applicable rules and regulations
he Division of
Health Engineering pertaining to eating places.
In a day care center where kitchen facilities are not available, or when food is
transported to an area other than a center, all perishable food and other
t
potentially hazardous prepared food shall be mairi wined at safe temperatures
(400 or below or 1400
or
above).
Such food
sh
1 come from
a food
preparation =wee meeting Division of Health Engineering standards.
Not specified
900. SOCIAL SERVICES
20
DAY CARE CENTERS
Q
1000. PARENT PARTICIPATION
MAINE
C Minimum Standards Concerning Program - Responsibility of the Center to
Parent.
Parent education must be a planned part of the day care program to inform
parents about the objectives of the program and the daily experiences which the
child has and to promote understanding of the developmental needs of the
children, the parent-child relationship and common childhood problems.
When day care services are terminated for the child, all staff, insofar as
possible, must help prepare the child carefully for leaving the day care center.
An opportunity must be afforded the parent to visit the day care center on
average day to see the program.
1100. INFANTS AND TODDLERS
1110.
PROGRAM OF ACTIVITIES
Not specified
1120.
HEALTH AND SAFETY REQUIREMENTS
Not specified
1130.
INFANT NUTRITION
Not specified
1200. CHILDREN WITH HANDICAPPING CONDITIONS
1210.
PROGRAM OF ACTIVITIES
Not specified
27
25J
DAY CARE CENTERS
1220. 'HEALTH AND SAFETY REOrnREMENTS
MAINE
F
Health Program In Day Care Service - Immuniiation
d Pre-Admiesion
Examination.
The parents of physically, emotionally and /or mentally handicapped children
shall furnish the center with a medidal form signed by a duly licensed physician
certifying that the child has had a recent physical examination, has been or is in
the process of being immunized and noting any handicaps . and suggestions which
the physician may feel to be helpful to the day care center operator. Such
medical forms must be submitted prior to the child's admittance to the day care
center.
1230.
STAFFING
C Minimum Standards Concerning Program - Admission and Intake.
Phycally, emotionally or mentally handfcapped children requiring special care
or who need extra individual attention shall not be admitted to a day care center
Unless its staff includes persons with sufficient training andfor experience and
the facility is approved by Department licensing personnel for such care.
1300. SCHOOL AGE CHILDREN
1310.
PROGRAM OF A CTrVITIES
C Minimum Standards Concerning Program -.After School Program.
For after-school programs there shall be facilities available for group and
solitary activities.
Any program for older children (school-aged) shall provide separate appropriate
facilities and programs for them unless it can be demonstrated that combining
the programs has or will have a beneficial effect.
28
DAY CARE CENTERS
MAINE
The program shall give freedom appropriate to the age of the child and provide
opportunities for self-reliance and social responsibility. Arrangements shall be
made for all children to participate in indoor and playground activities that are
stimulating and challenging to them.
The school-age program shall not be a structured academic program.
The school-age children shall be permitted to engage in activities outside the
center which enhance their normal community relationships,
but
only
in
accordance with written notification and consent of the parents and the ability
of the day care facility to offer proper controls.
1320. HEALTH AND SAFETY REQUIREMENTS
Not specified
1330.
STAFFING
Not specified
1400. FACILITY REQUIREMENTS
1410.
SPACE
E Building and Equipment of Day Care Center.
Floor areas of rooms used by children, exclusive of hallways, lockers, toilets,
isolation rooms, kitchens and offices, must contain a minimum net area of
thirty-five square feet of usable space per child. Facilities holding a license
prior to October 7, 1974, may be exempted from the space requirement, but the
number of children for which they are licensed cannot be increased unless the
requirement for 35 square feet per child is met.
Resting facilities must beprovided for each preschool child receiving care at the
facility. A separate mat or cot and individual blankets must be provided for
each child except in the case of children receiving before and/or after school
care.
29
DAY CARE CENTERS
MAINE
When mats or cots are in use there shall not be less than two feet of space on all
sides except those adjacent to walls. If not so spaced, each cot or mat shall be
provided with a screen or partition running the full length of the cot or mat.
A special room must be set a
for children requiring isolation away from the
group in case of emergency illnez,, or when the child needs to be by himself.
Outdoor play areas must have a minimum of 75 square feet per child and be
fenced in high enough to keep children in the area. An exemption of the fencing
requirement may be made by the Department where the play yard is well
protected from traffic and other hazards by location and natural barriers.
All parts of the playground must be under constant view of the supervising
teacher.
There shall be means of egress from the playground other than through a building.
There must be an outdoor play area close enough to the center to eliminate the
need for busing or crossing heavily traveled streets.
All facilities holding a
license prior to October 7, 1974, may be exempted from the above requirement
for outdoor play area at the discretion of the Department, providing such facility
demonstrates it provides adequate outdoor play for the children.
For school-age children there shall be an outdoes play area which is appropriate
for the developmental level of the children but which does not disregard
consideration of safety factors.
1420.
LIGHTING VENTILATION- AND TEMPERATURE
E Building and Equipment of Day Care Center.
Each playroom must have outside windows, the area of which is at least 10% of
the floor area of the room.
30
DAY CARE CENTERS
MAINE
Every room used for children shall have at least one outside window which can be
opened from the inside without the use of tools to provide a clear opening of
adequate size to be used in case of emergency, unless it has a door leading
directly to the outside of the building.
A temperature of at least 68 degrees within two feet of the floor shall be
maintained for children's playrooms.
A central heating system shall be used.
1430.
EXITS
Not specified
1440.
TOILETS AND LAVATORIES
E
Building and Equipment of Day Care Center - Water Supply and Toilet
Facilities
Washing and toilet facilities with both hot and cold water shall be provided.
Water supply and sewage disposal shall meet the standards of the Division of
Health Engineering.
For water used by children, there shall be- some kind of automatic control to
prevent the temperature from rising above 110 degrees..
One toilet and wash basin are required for every twenty children.
When basins and toilets are not a child's size, a low platform or step must be
provided.
Wash basins shall be securely fastened and supported to prevent
accidents.
31
DAY CARE CENTERS
MAINE
1500. OTHER STATE REQUIREMENTS - COMPLIANCE WITH OTHER LOCAL
STATE AND REGIONAL LAWS AND REGULATIONS
1510.
ZONING
Not specified
1520.
FIRE
E Building and Equipment of Day Care Center - Safety and Sanitation.
The buildingmust be sound in structure and safe for children. It shall comply
with all state and local building, fire, sanitation and plumbing laws, ordinances
and regulations.
1530.
BUILDING
E Building and Equipment of Day Care Center - Safety and Sanitation.
An annual inspection and certification by the Department of Public Safety of the
State of Maine shall be conditional for licensing. The building exit code an
other regulations as set by the Department of Public Safety shall govern the
center.
1540.
HEALTH'
See 1550. SANITATION
1550.
SANI'T'ATION
E Building and Equipment of Day Care Center
Safety and Sanitation.
A satisfactory sanitary inspection by the Division of Health Engineering in
accordance with the rules and regulations promulgated by the Division of Health
Engineering shall be a prerequisite for initial licensing and shall be required
annually or more frequently if deemed necessary by the Department.
1560. NEW CONSTRUCTION
Not specified
32
DAY CARE CENTERS
MARYLAND
Except where
otherwise
noted,
all
citations
are
from
the
Maryland
Department of Health and Mental Hygiene, Code of Maryland Regulations,
-10.05.01, Group Day Care Centers, December, 1971.
100. STATE LICENSNG OF CHILD DAY CARE FACILITIES
110.
-TYPES OF FACILITIES SUBJECT TO LICENSURE AS DEFINED BY
STATE STATUTES AND REGULATIONS AND/OR LOCAL ORDINANCES AND
REGULATIONS
Definitions
5.02 General Definitions.
"Group day-care center" means
n agency or institution offering or supplying
group day care to five or more children who do not have the same parentage,
fora part or all of a day and on a regular schedule more than once a week.
Hereinafter, "group day-care center" is referred to as "center".
112.
Exclusions and Exemptions
5.01 Scope.
These regulations governing group day-care centers shall apply to day-care
centers under private non-profit, proprietary, public, and religious aimpices.
The _regulations may not apply to family day-care homes, summer day-camps,
State Department of Education approved non-public schools and kindergartens,
religious schools exempt from approval under Article 77, §12, Annotated Code
of Maryland, and facilities qperated by public school systems and by county or
city departments of recreation.
These regulations affect all group day care centers, except that medical
examinations, staffing, grouping, program, and equipment are differentiated
for children 2 to 6 years old, and for school-age children 6 to 16 years old.
DAY CARE CENTERS
'113.
HHS_Day Care Compliance
. Not specified
MARYLAND
120.
AGENCY RESPONSIBLE FOR LICENSING OF DAY CARE PROGRAMS
121.
Ojanization of the Administrative Unit
Secretary
DEPARTMENT OF HEALTH AND
MENTAL HYGIENE
PREVENTATIVE MEDICINE ADMINISTRATION
DIVISION OF CHILD DAY CARE
CENTER LICENSING AND
CONSULTATION
STATE DAY CARE UNIT
Health Officer
LOCAL HEALTH DEPARTMENT
Licensing Coordinator
Licensing Teams
Maryland, tile State Department of Health and Mental Hygiene is the
egulatory agency which administers the group day care licensing program.
Local Departments of Health issue and revoke group day care center licenses
under State regulations and some local ordinances which also govern local
licensing programs.
2
26t
DAY CARE CENTERS
MARYLAND
122.
Responsible Official
All inquiries should be addressed to:
Chief of the Division of Child Day
Care Center Licensing and Consultation
Preventive Medicine Administration
Department of Health and Mental Hygiene
201 West Preston Street
Baltimore, Maryland 21201
(301) 3 83-40 09
200. LICENSING PROCESS AND ENFORCEMENT PROCEDURES
210.
LICENSING PROCESS
211.
Promulgation of Regulation
MD. HEALTH CODE ANN., Art. 43, §713 Rules and Regulations of Board.
The Board shall adopt and promuleate regulations for the licensing and
operation of group day-care centers, to carry out the intent and requirements
of this subtitle, to assure conditions of safety and sanitation in the centers, to
make satisfactory provision for the care, protecticin, and supervision of
children in centers, and to promote the sound growth and development of
children in centers. From time to time the Board may modify, amend, or
repeal these regulations, as t deems In the public interest.
212.
Advisory Body and Other Community Participation
Not specified
DAY CARE CENTERS
220.
LICE
G P-ROCEDURE
221.
A plication and Issuance
MARYLAND
MD. HEALTH CODE ANN., Art. 43, 5709 License Required.
No person shall establish, conduct, maintain, or operate a group day-care
center in this State without holding a license under this subtitle.
S.04 Application for License.
A person:desiring to qualify as a licensee of a center shall obtain an
application from the local health officer.
The application shall be on a
standardized form and shall include all information required by the local
health officer.
The applicant shall return the application, duly notarized, to the local health
officer. Floor plans and specifications for a new center, or for alterations of
an existing center, shall accompany the application.
Before the application is investigated, approval, when applicable, from the
appropriate authorities showing compliance of the premises with zoning,
building, and fire regulations and codes as required shall be submitted.
S.06 Issuance of License.
When the local health officer
is satisfied that the provisions of these
regulations have been met, a license to operate a center shall be issued.
222.
Fee Charged
Not specified
223.
Areas of nvestigation
S.05 Investigation of Application.
The local health officer or his duly authorized representative shall interview
the prospective licensee and shall inspect the proposed facility.
4
Dip- CARE CENTERS
MARYLAND
224.
License Renewal
S.07 Conditions and Limitation
License.
A license automatically expires.. year after issuance. The renewal procedure
for a license shall include a reinspection and re- evaluation of the center by the
local health officer and appropriate authorities, and shall be subject to current
regulations except as hereinafter provided. The license shall be kept posted in
a conspicuous place in the center. The license may not be transferred or
assigned from place to place or person to person. The local health officer
shall be nntified of any change of ownership, and the new owner shall apply to
the loc;11,rth officer for a new license. A separate license is required for
centers. conducted
in
separate
locations,
even
though under
tige
same
management.
225:
Conditional /provisional
icenses
Not specified
226.
Substantial Compliance
Not specified
230.
ENFORCEMENT PROCEDURES
231.
Facility Inspections
Not specified
232.
Denial, Suspension, Revocation of a License
MD. HEALTH CODE ANN., Art. 43,
5712
Revocation or Suspension of
License; Injunction.
A license issued under this subtitle may be revoked or suspended by the
Commissioner of the State Department of Health, who may delegate this
power to the local health officer. The revocation or suspension may he for
such period as determined by the Commissioner or the local health officer, and
shall be based upon a finding that the licensee has violated some provision of
5
26
DAY CARE CE
RS
4-*
MARYLAND
this subtitle or of the regulations adopted and promulgated thereunder,
including any act or fact which would have been cause for refusing the original
or renewals issue of the license. Prior to the revocation or suspension the
licensee shall be given an opportunity for a public hearing before the State
Commissioner of Health or the local health officer, as the case may be, with
not less than ten days' notice of the hearing and an opportunity to be
represented by counsel.
233.
Remedies and Sanctions
233.1
Hearings
MD. HEALTH CODE ANN., Art. 43, §715 Appeals.
A person aggrieved by a refusal to issue a license under this ,subtitle, by a
revocation or suspension of a license, or by any other action of a local health
officer or the Commissioner of the State Department of Health under this
subtitle may appeal therefrom to the Board and thereafter may seek judicial
review, all as provided in the Administrative Procedure Act in Article 41 of
this Code.
233.2 Decisions
See 233.1 Hearings
233.3 Judicial Review
MD. HEALTH CODE ANN., Art. 43,
5712
Revocation or Suspension of
License; Injunction.
Under circumstances which in the judgment of the local health officer
seriously threaten the health, welfare, or security of a child or children in a
group day-care center or the health or welfare of the community, the State
Commissioner of Health or the local health officer, as the case may he, may
petition in equity in the circuit court of the county in which the center is
located, or in an equity court of the Supreme Bench of Be'
ore City, for an
DAY CARE CENTERS
MARYLAND
injunction to forbid the further operation of the center during the period prior
to the public hearing. If in the judgment of the court the continued operation
of the center may seriously injure the heal*, welfare, or security of a child or
children in the center or the health or welfare of the community, it may enjoin
the further operation of the center until the hearing has been held and a
decision is reached on the proposed revocation or suspension of the license.
5716 Penalty.
Any person who maintains and operates a group day-care center without a
license, or who violates any provision of this subtitle or of a regulation
adopted and promulgated thereunder
is guilty of a misdemeanor.
Upon
conviction thereof he shall be liable to a fine of not more than five hundred
dollars ($500.) for the first offense and not more than one thousand dollars
($1,000.) for any subsequent offense; and each day that a group daycare center
operates illegally after a first conviction shall be considered as a separate
offense.
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
311.
General Administrative ReTire ents
§.09 Assigned Capacity of Center.
The number of children cared for at any one time in any center shall 5e
determined according to criteria established in these regulations affecting
space, staff, equipment, and age of children enrolled.
DAY C 4RE CENTERS
MARYLAND
S.50 Staff in Centers Serving Children 2 to 6 Years Old.
-- Qualifications of Personnel. The licensee of each center shall provide for
staff with malifications as stated in these regulations to provide adequate
service and supervision at all times. Information on all new staff members
shall be reported on or before employment to the local health department.
Director. The licensee shall make provision for a director to he present in
each center for the purpose of planning and supervising the
children's
program. This director shall have responsibility for one center and shall be
available to staff, parents, and children.
5.56 Other Personnel.
It shall be the responsibility of the licensee or the director to provide
personnel for all duties not involving direct supervision of children in order to
maintain the correct staff-child ratio at all times. This means personnel for
food preparation and service, housekeeping, transportation, clerical, and other
duties .
S.57 Substitutes.
It shall be the responsibility of the licensee or director to employ substitutes
when regular staff members are absent. Every effort shall he made to provide
substitutes
-h= meet the qualifications required of the absent staff member
particularly in
where a substitute is needed for longer than a 2-week
period.
S.60 Staffing Pattern.
When a center is in operation on a full day basis, a staffing pattern shall be
submitted to the local health
officer
for
the purpose of determining
appropriate staff in relation to the daily schedule and the number and age of
children enrolled.
5.65 Records.
The following records shall be maintained and kepi. available for inspection:"
DAY CARE CENTERS
MARYLAND
Enrollment. A record of all children currently enrolled in the center
with the names, current addresses, and telephone numbers of the
parents or guardians of the children shall be maintained in pile center.
Daily Attendance. A daily record of children in attendance shall be
kept. Daily attendance records shall be kept on fire for the periods
between inspection for licensure.
Menus. A projected weekly menu shall be kept on file. Past weekly
menus "as served" shall be kept for a 4-week period.
Staffing Pattern. A staffing pattern shall be kept on file indicating
staff-child ratio in relation to the daily schedule and the number and
ages of children enrolled.
Fire evacuation clan.
S.67 Medical Examination for School-Age Children.
A school age child may not be admitted to a center until the parent or
guardian has submitted the following information on a standardized form
supplied or approved by the Department of Health and Mental Hygiene:
Emergency information.
A source of emergency health services acceptable to parents with
written parental agreement for its use.
312.
Telephone
Sd4 Communication.
There shall be at least one free, accessible telephone (not a pay station or
locked telephone) in the building, and additional telephones or extensions that
may be required, to summon help promptly in
case
of
fire or other
emergencies.
9
DAY CARE CENTERS
313.
Proof of 0
rator Financial Ca
Not specified
314.
IrOwance
Not specified
320.
PERONNE
321.
Publication of Personnel Po
Not specified
322.
Constraints Against Employmen
Not specified
330.
NON-DI SCR
NATION
331.
Requirements Prohibiting Discrimination
Not specified
340.
RECORDS REQUIREMENTS
3414
Children
MARYLAND
§.65 Records.
The following records shall be maintained and kept available for inspection:
Child's Personal Record. h ,ch child's personal record shall-be kept on
file. This includes:
Medical certificate;
Record of immunization;
Record of illness and accidents;
Record of medications dispensed to a child during care and
modified diet needs;
Emergency care
plan including source of emergency health
services and written parental agreement for
use.
10
'DAY CARE CENTERS
MARYLAND
342.
Staff
5.65 Recorth.
The following recorth shall be maintained and kept ava la
lole for inspections
Staff.
A
list
of
current
staff members, tleir age, educati
___experience, and function, plus a pre-employmen= _medical record
be kept on file in the center. A copy of this list slaall be provided to -the
local health officer.
Changes
in staff shall h
reported in writing
immediately as they occur to the local health 0ff:7-deer and changes kpt
-current.
343.
Child Eli 'Nifty and Enrollment Re
5.12 Admission
Minimum Age. A child under 24 months old may not
admitted to a center
without prior approval of the local
health officer. 1_he
. licensee shall
be
responsible for applying for priorapproval.
344.
Child Abuse Repor n
5.47 Child Abuse.
All staff are required to report eases and suspected cases of child abuse to tshe
local_ law enforcement agency or the department of social services in the
jurisdiction of licensure according to Article 27, 535A
Annotated Code
Maryland.
uirements
345.
Confidentiality o
Not specified
_11
f
DAY CARE CENTERS
400. GR
_POSITIONS OF C 1ILDREN
410.
STAFF /CHILI RATIO E
REMENTS
Staff/Child Ratio as of March
S.59 Group Size and Staffing.
There shall be a senior staff member for each single group of
chil&en, with
aides as needed, in order that the group size and total ratio of chi- dren to staff
conforms to the following:
2-year Old Children.
A group may not exceed 12 childrerEri. There shall
be a staff-child ratio of one staff member to every six craEidren.
rt;le,,ARYLAND
3- and 4-year Old Children. A group may not exceed 20 children.
There shall be a staff-child ratio of one staff member - to every ten
children.
5-year Old Children. A group may not exceed 26 child-e
There shall
be a staff-child ratio of one staff member to every 13 chilcudren.
Children of Mixed Ages)
Group Composition:
A group rneynot exceed 20 children;
A mixed age group of 13 to 20 children may riot have more
than six 2.-year old children;
Any number of 2-year old children may be iri a mixed age
coup of upto12 children;
Staff-Child Ratio for Mixed Age Groups of
t zo 6 -Year Old
Children. There shall be a staff-child ratio of one
staff member
to every ten chil, eon.
Staff-Child Ratiofor Mixed Age GroupS Which Incliz_ ide 2-Year Old
Children:
12
27
DAY CAL RE CENTERS
MARYLANID
If the total group is up to six children, one staff member shall I be
required;
If the total group is seven to ten children, and includes
ri
three 2-year old children, one staff member shall berequired;
If the total group is seven to ten children, and includes four
or
more 2-year old children, two staff members shall berequired;
If the total group is 11 to 12 children, two staff members shall I be
required;
If the total group is 13 to 20 children, and includes one to three
2-year old children, two staff members shall be required;
If the total group is 13 to 20 chiltten, and includes four to
six
2-year old children, three staff members shall be required.
412.
Methods of Corn .uting Staff /Child Ratio
See 411. staff /Child Ratio as of March, 19 81
420.
Olitt OUP SIZE
421.
tup Size as of March, 19 81
See 411. staff /Child Ratio is of M&ch 19 81
422.
Methods of Computing
up Size
See 411.
taff/Child Ratio as of March, 19 81
1
DAY CARE CENTERS
MARYLAND
500. STAFF, QUALIFICATIONS AND TRAINING REQUIREMENTS
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
Age
5.54 Seniot St ff Members.
Senior staff melnberS in chargez,of single groups, working under the supervision
of a director, shall 'be at least 21 years old.
5.55 Staff Aides.
Staff aides
shat' be at least 16 years old and shall work directly under the
supervision of a
senior staff member.
This person may not
assume
responsibility for, a group of children, except on at.iemporary basis for
activities specified by the
senior staff member or
director, or
both.
Participation a training opportUnities shall be required.
512.
Health'
5.38 Health Program Affecting Staff.
Pre-employment Medical Examination.
Each staff member shall have a
pre-employment medical examination including a tuberculin skin test and, if
positive or otherwise indicated, achest X-ray and furnish certification that
he is' free of tuberculosis in
Ei
commtmic
e stage.
The report of the
examination shall include- the physician's statement that the individual is
physically able to perform the dunes for which he is employed.
Tuberculosis Examination. Each adult in aj'center who comes in contact with
the children shall furnish certification, 'annual y, unless waived by the
Secretary or designee, that he is free of
uberculosis in a communicable
stage. This certification shall be based on results of specific tests. The types
of tests and the intervals shall be based on results of specific tests. The types
14
Ditrar CARE CENTERS
MARYLAND
of t-_ests and the intervals between these tests shall be prescribed by the local
heal _th officer, and shall conform to standards of the Department of Health
and
Mental Hygiene. The report on each examination shall be submitted
promptly to the local health officer and returned to the person in charge of
the
day-care center.
Health Information.
4ach director, staff member, volunteer, substitute,
partcipalingyarent, and member of the household who is in contact with the
ehilawiren enrolled in the center, shall upon request furnish information, permit
examination, or X-ray, and submit laboratory specimens as the local health
of fi=er may require for the purpose of determining freedom from disease or
aohilions hazardous to the children.
CorrLnnmunicable Disease. Personnel in centers with evidence of communicable
di5ee..ase in a communicable stage may not be permitted to work at the center
claring the period of communicability.
513.
Education
5.54
Senior Staff Members.
Senic. or Staff members in charge of single gr6ups, working under the supervision
of a
director, shall meet all .of the following requirements:
Have graduated from
high
'school or have
obtained an approved
certificate of high school equivalence, or shall have successfully
completed courses for credit in an accredited institution o4 higher
learning;
shall have completed at
least 64 classroom hours in early
childhood curriculum and child development beyond high school which'
are specifically directed to the needs of children, 2 to 6 years o
As a final requirement, they shall either indicate continued straining or
hold a valid Child Development Associate Credential from
he Child
Development Associate Consortium.
15
DAY CARE CENTERS
MARYLAND
514.
Experience
5.54 Senior Staff Members.
A
Senior Staff members in charge of single groups, working under the supervision
of a director, shall have had 1 year of experience uncler supervision working
with a group" of children in a licensed early .childhood program or have
successfully completed 1 year of study in an accredited institution of higher
learning.
520.
PROGRAM DIRECTOR C QUALIFICATIONS
521.
Age
5.51 Centers for 5 to 20 Children.
Directors in centers shall be at least 21 yearstb d.
522.
Health
See 512. Health
523.
Education
5.5i Centers for 21 to 40 Children.
Directors in centers licensed for 21 to 40 children shall meet all of the
following requirements:
They shall have achieved a minimum of 2 vaars of college credit from
an accred;ted college or university;
They shall
completed
at
least 64 classroom hours
in early
childhood curriculum and child development specifically directed to the
needs of children, 2 to 6 years old;
'F
They shall either indicate continued training or hold a valid Child
Development
Associate
Credential
from
the
Chifd
Development
Associate Consortium.
DAY CARE CENTERS
MARYLAND
5.53 Centers for More tan 40 Children.
Directors in centers liensed for more than 40 children shall meet all of the
following requirements:
Be a graduate of
n accredited 4 year college or university;
They shall have
completed at least 64 classroom hours in early
childhood curriculum and child development specifically directed to the
needs of children,. 2 to 6 years old;
They shall either indicate continued training or hold a valid Child
Development Aociate Credential
from
the
Child
Development
Associate Consortium.
524.
Experience
5.51 Centers for 5 to 20
Chiliken.
Directors in centers liensecl for 5 to 20 children shall have had 1 year of
experience under superw-ision working with a group of children in a licensed
early childhood program _
5.52 Centers for 21 to 4CD Children.
Directors in centers linsed for 21 to 40 children shall have had
years of
experience under supervision working with a group of children in a licensed
early childhood program _
5.53 Centers for More T- ban 40 Children.
Directors in centers licnsed for more than 40 children shall have had 2 years
of experience under supervision working with a group of children in a licensed
early childhood program-1 and shall have demonstrated ability to work with
parents and other adults in the co_ .unity-.
530,
a_ca.IPPORT STAFF QUALIFICATIONS
Not specified
540.
POST EMPLOY
N-SERV CE: ORIENTATION AND TRAINING
541.
Program Director
Not specified
17
DAY CARE CENTERS
----401.
_MARYLAND
542.
Child Carver Staff
Not specified
543.
Support Staff
Not specified
600. PROGRAM OF ACTWITIES INCLUDING EDUCATION
610.-
PROGRAM REQUIREMENTS
611.
Program of Activities
§.61 Program in Centers Serving Children 2 to 6 Years Old.
There shall be a plan for daily activities appropriate to the ages and needs of
the children enrolled in the center. A program shall include self-selected and
planned activities which foster sound social, intellectual, emotional, and
physical growth.
The daily activities shall provide alternate active
quiet periods.-
Children shall be provided with opportuniti
activities.
or individual and small group
A variety of activities shall be provided through- experiences with language,
music, art, .science, dramatic play,
block play, large and small muscle
equipment and materials. There shall be time and opportunities provided for
these activities.
Outdoor Play. Morning and afternoon periods of outdoor play shall be provided
daily for all children, except in extremely inclement-weather.
Clothing. Sufficient safe and comfortable clothing shall be required for each
child for the varied activities of the center, both outdoors and indoors.
18
-32
DAY CARE CENTERS
MARYLAND
Snacktime and mealtime shall be planned to provide learning experiences,
promote social development, and foster positive attitudes toward food and
eating.
612.
program Equipment and Materials
a
5.63 Play Equipment.
Basic play equipment as follows shall be provided and shall beon open shelves
easily accessible for choice by children:
Materials for dramatic play, to provide opportunities for activities in
the areas of housekeeping, transportation, and community roles;
Materials for msnipulatic)n, creative play, and experimentation, to
provide opportunities with:
Art materials such as paint, clay, chalk, crayons, large sheets of
newsprint, construction paper, scissors, paste,
rhythm instruments such as drums, bells, tambourines,
Science and nature materialS such
as terrarium, seed
bed,
thermometer, measuring instruments, magnet magnifying glass,
Natural materials such as sand, water, wood;
Unit blocks of regulation size plus block building accessories such as
animals, human figures, transportation vehicles;
A variety of appropriate books;
Games, small manipulative and construction materials, and puzzles in
varying depress of complexity;
19
DAY CARE CENTERS
MARYLAND
Equipment, indoors and outdoors, for vigorous play and large muscle
development to include:
Climbing apparatus such as jungle gym, sturdy ladders,
Large buildin
Balancing ap
boar&,
0
ati-is such as saw horses, long and chart. cleated
Wheel toys such as wagons, tricycles,
Digging area with accessories such as shovels, sifters, trucks,
large spoons.
613.
Nap Provision
§.48 Rest Periods.
Provisions shall be made for periods of rest appropriate to the age and activity
of each child.
Individual cots and bedding shall be provided for each child under 6 when tine
spent at the center exceeds 4 hours.
Cots
rovided for children's naps shall be placed not less than 3 feet a
locat
head to head, or not less than 11/2 feet apart if the head and foot of
the cots are alternated. Double decker beds may not be used.
614.
Discipline and Guidance
g.46 Injurious Treatment.
A child may not be subjected to treatment injurious to his physical or
emotional health by a staff member.
20
DAY CARE CENTERS
MARYLAND
700. HEALTH AND SAFETY
710.
HEALTH
711
General Health ReiVrements
5.26 Insects and Rodents..
All buildings used for day care shall be maintained free of insects and rodents.
Approved control measures shall be maintained to prevent rodent and insect
infestation.
5.35 Personal Health and Hygiene.
Any person engaged' in food service activities shall meet he requirements of
the Health Program Affecting Staff, Regulation .38.
Any person engaged in food service activities shall bracti`ce good hygiene in
personal habits, in handling food, beverage, utensils, and equipment.
5.41 Physician Services.
Every licensee shall select and make an arrangement with a licensed physician,
preferably one 9xperienced in the needs and care of young children, to serve as
a consultant in matters of medical care. This arrangement may be made with
the local health department. The name, address, and telephone number of the
consultant physician shall be posted near each telephone.
Immediately following the appointment of a physician, the operator of the
center shall file with the local health officer the name and address of this
ysician.
Health Assessments
5.39 Health Program Affecting Children.
Medical Examination. No child under 6 years old shall be admitted without a
written report of medical examination completed within 3 months before
21
DAY CARE CENTERS
MARYLAND
admission to a center unless a report has been submitted on a previous
admission within 1 year. The local health officer may require that the report
include certification that each child is free of tuberculosis in a communicable
form. This certification shall conform to standards of the Department of
Health and Mental Hygiene. The report shall be made on a standardized form
supplied or approved by the Department of Health and Mental Hygiene.
713.
Immunizations
S.40 Immunizations Required Before Admission to a Center,
Before a child is admitted to a center, evidence shall be furnished of primary
immunizations against diphtheria, tetanus, pertuss, poliomyelitis, measles
(rubeola), and German 'Measles (rubella), in a manner approved by the local
health officer and any other immunizations deemed necessary by the Secretary
of the Departmept of Health and Mental Hygiene-and in conformance with
COMAR 10.06.04 Required Immunizations 'Before Entry into a Maryland
School.- The immunization will be in accordance with the current schedule of
immunization
recommended
by
the
Maryland
Steering
Committee
on
Immunization Practices of the Medical and Chirurgical Faculty of Maryland.
Exception may be made for a child whose parent or guardian furnishes proof
that his child has had a minimum of one dose of DTP or Td (adult) tetanus,
diphtheria, poliomyelitis, measles, and rubella vaccine, and continues to
furnish written evidence toward the completion of the prima=ry immunization
series according to the current recommended schedule of immunization.
_ Vaccine Pr vision. If, for any reason, a parent or guardian is not able to
obtain the se_ vice of f-a private physician, he may take his child to the local
health department where immunizations will be provided.
22
DAY CARE CENTERS
rwiltiTARYLAND
714.
Sanitation
S.21 Sanitary Facilities.
Drinking Water. Drinking water shall he easily accessible to the children and
shall be provided by an angle-jet drinking fountain with rnamuthguard, by a
running water supply with individual single service drinking
cups, or other
approved methods and sources. One drinking water facility sh -all be available
for each 40 children or less. The facility may not helmeted in
a toilet room.
Supplies. Indiyidual paper towels, a trash receptacle, soap, and toilet paper
shall be provided at all times, and shall he placed within the mach of children.
Drinking cups, towels, face cloths, brushes, or combs may
not be used in
common.
General Cleaning. The entire center including floors, walls, c=eilings, and all
furnishings and equipment shall be kept clean. General claning shall be
conducted regularly, including daily sweeping, dusting, anc wet mopping
throughout the center.
Cleaning may not be conducted w ---tile rooms are
occupied by the children, with the exception of clean-up actir.tit which are-
part Of the daily program or in emergencies.
5.22 Sanitation.
Sewage Disposal. Sewage disposal shall comply with reguiaties pro
by the Secretary of Health and Mental Hygiene.
ed
Water Supply.
The water supply system
shall comply With regulations
promulgated by the Secretary of Health and Mentallivgiene. -21-te water shall
be safe and sanitary,
Plumbing. All plumbing and plumbing fixttfres shall conform t-
all applicable
State and local codes.
Garbage and Refuse. Garbage and refuse shall be stored and cifTsposed of in an
approved manner.
DAY CARE CENTERS
MARYLAND
715.
Daily Illness Screening
5.39 Health"Program Affecting Children.
Daily Health Observation. The staff shall be responsible for observing each
child daily for signs and symptoms of illness.
See also 712. Health. Assessments
716.
Care of Sick Children
5.39 Health Program Affecting Children.
ISolalion. Temporary isolation in a suitably equipped separate area, within
sight and hearing of an adult, shall be provided_ for a child showing signs or
symptoms of illness. Parents, Rttarclians, or other designated persons shall be
,
contacted immediately.
Exclusion
for
Communicable
Disease.
A
child
having,
a
diagnosed
communicable disease or signs and symptoi
a communicable disease may
not remain in or return to a center until the child is well, and the Depart rent
of Health and Mental Hygiene Recommendations for Control and Prevention of
Some Communicable Diseases have-been met.
A
Readmission after Illness. Absence from the center due to illness shall require
a parent's written statement or a physician's certificate of freedom from-
.
illness before the child is readmitted to the center.
717.
Medication and Special Diet Provisions
5.37 Nutrition and Food Service.
Meal's to fulfill the needs of modified diets required for children with. medical
Conditions may be provided by the center or brought from home when a
written diet-pr.eseription, signed by a _physician, and a copy of the modified
diet are included in thi child' health record. The child shall be included in all
food - related learning:and social activities.
24
DAY CARE CENTERS
g.45 Medication.
Medication may be administered to children in a center only upon the, written
order of a licensed physician. A physician's Medication Orde Form (MIMI
#560B) supplied by the Department of Health and Mental Hygiene shall -be
completed for each medication prescribed.
There shall be no stock or patent medication of any kind. All medica fons
shall be properly labeled and shall be stored in locked cabinets.
A record of medication dispensed to a child during care shall,be recorded; on
the Child's Personal Record (DH MH 0560).
ver of Health Re
ents
.40 Immunizations Required Before Admission to a Center.
Medical Contraindication. Immunization requirements may not apply to any
child who presents a written statement from a licensed Physician or a local
health
officer
indiicati9g
that
immunization against
any
or
all of
the
above-mentioned diseases is considered medically contraindicated, detrimental
to, or not in the best interest of, the childs health. The statement shall
indicate
whether
the
contraindication
is
permanent
or ' tem porary.
If
temporary, the statement shall provide assurance that the child will receive
the immunizations and furnish evidence of their completion.
Religious Conflict. Any parent or guardian who presents a written statement
of objection co immunizations upon the grounds that they conflict with the
tenets or practices of a recognized church or religious denomination of which
he is a member, may not be _required :to present a physician's certificate of
immunization. This exception may not apply in case' of an emergency or
epidemic of disease which is declared by the Secretary of T-iealth and Mental
Hygiene.
25
DAYCARE CENTERS
720.
SAFETY
721..
General Safety Re if ements
§.15 Building.
A building to be used for a center shall be of sound eonst
maintained in good repair.
MA RYLA
n, and shall be
All interior paint and exterior paint that
_ accessible to children shall have a
lead content of not more than 0.5 percent lead by weight in the dried paint
film.
§.19
fety.
Stairways and hallways shall be kept free of obstructions and shall be well
lighted.
Petroleum and flammable products shall be stored in an approved manner.
Drugs, cleaning agents, and poisonous products shall be stored apart from food
and out of reach of children and shall only be used in a manner as to insure
safety of children.
Only approved pesticides may be used.. PesticidEs shall be stored out of reach
of children, apart from food, and apart from cleaning agents.
722.
Fire Safety Requirements
517 Fire Control.
Provisions shall be made for requir
in case of fire or other emergency.
e control equipment and fire escapes
The building shall conform to State and local fire codes. A plan for evacuation
approved by the State or local fire marshal shall be maintained, and posted in
each area of the center designated by a fire'plarstial.
26
DAY CARE CENTERS
MARYLAND
Orientation of children and staff in ease of fire or other emergency shall be
conducted.
723.
T=s:ortation
§.66 Transportation.
The licensee of a center providing direct transportation' services shall inform
the State Motor Vehicle Administration of that fact.
724.
Safety Requirements for Equipment
§.62
Equipment for Children 2 to 6 Years Old.
All equipment shall be safely constructed, easy to clean, and if painted, shall
have a lead content of no more than 0.5 percent lead by weight in the dried
paint film.
725.
Water Activiti _
(Including Swim
'n
§.20 Swimming and Wading 'Safety.
When the depth of water in pools, lakes or any body of water available to
children for swimming exceeds 1 1/2 feet, the licensee shall be,
the presence of a lifeguard holding an American Red Cross
Safety ceeificate or a YMCA Senior Life Saver.
During
activity, this qualified lifeguard shall be at water side and may
in the required staff child ratio.
responsible for
Advanced Life
the swimming
not be included
Additional supervision in excess of the required staff child ratio will be
required when need is determined as a result of the ages` and height of the
children, the nature of the body of water, the ,children's ability to swim and
their knowledge of water safety.
When the water is over a child's chest and the child
o s
a 1 to 1 staff
child ratio shall be maintained in the water.
27
DAY CARE CENTERS
MA RyLAND
When a wading area 1 1/2 feet or less'in depth is available to el Jildren, there'
shall be continuous supervision by staff. The water shall be-clea_n or be kept:
clean by apprqved sanitizing methods or by emptying and cleaning
as necessary.
5.22 Sanitation.
Swimming or Bathing Facilities. Any swimming or bathing faciL ities used by'
any center shall conform to sanitary standards prescribed by the Department
of Health and Mental Hygiene in COMAP
04 Public Svvimm=ng Pools and
Bathing Beaches.
726.
Emer= nay Procedures
5.42 Reporting.
The licensee of a center having under his care a child who a_ _ pears to be
affected.' with a reportable disease or a child who has
!Nen_
exposed or
presumably exposed to such a disease shall immediately report 1
be individual
to the local health department according to the regulations of thl, Department
of Health and Mental Hygiene relating to communicable diseases.
5.43 First Aid.
Training in basic first-aid emergency procedures approved by t be American
Red Cross shall be required of directors or designated staff
members at
intervals of every 3 years. The center shall have in attendance at7-- all timesan
individual with this training.
First t-a 1 ray staff shall be limited to that necessary to preserve lip a or prevent
further immediate damage, and shall be administered within the 1=toundaries of
first-aid training.
5.44 Emergency Plan.
The licensee shall be responsible for instructing the center staff i _n emergency
procedure. For each child, the center shall maintain the folic
wing readily
accessible written information pertinent to an emergency plan:
28
DAY CARE CENTERS
Where the par
Where a resp
The child's r
A source o
written par(
727.
First Aid
§.43 First Aid.
Every center shai
iirst-aid supplies as designated by the center's
physician or by the local health officer for the treatment of minor injuries.
r
MATIYLAND
d by the parents can be reached; c
number;
services acceptable to parents with
s use.
800. NUTRITION AND FOOD SERVICE
810.
NUTRITION
811.
Nu
_e
nts
§.37 Nutrition and Food Service.
\A variety of foods and snacks which appeal to children and which meet
children's daily nutritional needs shall be planned and provided. Meals and
snacks shall be served at intervals of not more than 3 hours apart. Meals and
snacks shall be planned as supplements to one another.
Nutritional Needs:
If a child is
He should re-
at a center for:
,ceive at least:
Less than 4 hours
4-7 hours
More than 7 hours
1 snack
1 meal and 1 snack
1 meal and 2 snacks
or
2 meals and 1 snack
29
And receive no less than
the following part of
his daily nutritional
needs:
1/8
(10%)
3/8 (35%)
1/2
(50%)
tip,
5/8 (60%)
DAY CARE CENTERS
MARYLAND
812.
Waiver of
uirernnts
Not specified
820.
FOOD FR P RATI
821,
Food Preparationan
Service Requirements
§.27 Food Service Equipme nt.
Food service equipinent is
acceptable providing it can be sanitized, is in good
repPir, is capable of norrn al operator'', is capable of being maintained in a
condition so that it can
be easily cleaned, and is not conducive to the
harboring of insects and roc= ents.
S.31 Food Sources,
All food, milk, and other t
verages shy
and contamination,
e safe, pure, and free
om spoilage
Only pasteurized fluid ina=< and
milk products may be used or served.
Dry milk arid dry milk pr,--oducts may be reconstituted, if used for evoking
purposes only.
Food which has been proessed in a place other than a commercial food
pro
sing establishment may not be used. Party cakes or similar foods, which
are not potentially hazardotis, are exempted.
Home canned foods may no
be used.
5.33 Utensils and Equipm0==zt Cleanliness.
t,A11. utensils and equipment
used for the preparation and service of food and
beverages shall be eleane'c___, sanitized, air dried, and stored in an approved
manner.
x.34 Single Service Art
.
Single service articles shall' be constructed of nontoxic materials and shall be
stored,
handled, and
dis
penned
in
a
manner
to
protect
them
from
contamination. Single servi ce articles shall be used only once.
30
DAY CARE CENTERS
MARYLAND
§.35 Personal Health and Hygiene.
Any person engaged in food service activities shall meet the requirements bf
the Health Program Affeeting Staff, Regulation .38.
Any person engaged in foods service activities shall practice good hygiene in
personal habits, in handling,food, beverage, utensils, and equipment.
Current menus forfall meals and snacks served shat be posted in a conspicuous
place and made ,available to parents on request. Menus shall be planned at
least 1 week in advance. Menus for meals' served shall be kept on file for a
41 week period.
Not specified
Not specified
'900.. SOCIAL SERVICES
IMO. PARENT PARTICIPATION
1100, INFANTS AND TODDLERS
1110.
PROGRAM OF ACTIVITIES`
Not specified
1120.
HEALTH AND SAFETY REQUIREMENTS
Not specified
1130.
INFANT NuTRmaN
Not specified.
DAY CARE CENTERS
1200 CHILDREN WITH HAND CAPP
MARYLAND
CONDITIONS
1210.
PROGRAM OF ACTIVITIES
Not specified
1220. -HEALTH AND SAFETY REQUIREIVFENTS
§.12 Admission 'Poli ci es.
Admission of Children -Requiring Special Care. A child with a mental
physical condition requiring special care may not be admitted to a center
without prior approval from the local health officer. The licensee shall be
responsible-for applying for`prior approval.
1230.
STAFFING
Not specified
1300. SCHOOL
CHILDREN
1310. PROGRAM OF ACTIVITIES
§.68 Directors in Centers Serving School-Age Children.
All centers serving school-age children shall have a person in charge of
planning and supervising the chil&en's program. This individual shall have
responsibility for one center.
When centers primarily serving children 2 to 6 years old enroll school ag'e
children, the director may have responsibility for the dual program.
5:69 Directors in Centers Serving only
hildren 6-16 Years Old.
They shall be at least 21 years old;
Have graduated from- hi i school or have pb ained an approved certificate of
high school equivalence, or have been admitted to and successfully completed
courses in an it titution of higher learning.
32
DAY CARE CENTERS
MARYLAND
Shall have had course work beyond high school
n child psyoholog-v, child
devplopment, school age care, elementary ode,
tion or
recreation, and
experience in group work directed to the developrnental needs of children ages
6 to 16 years old;
Have demonstr4ated ability to work with
p-arents
and other adults in the
community:
Shall indicate continued training.
132Q. HEALTH AND SAFETY REQ
N-
3.67 Medical Examination for School -Aga
114en.
A school age child may not be admitted to o et=_-_=-nter until the parent or
guardian has submitted the following infornifitior_
on a standardized form
supplied or approved by the Department of Health
d Mental Hygiene:
.
Emergency information.
A source of emergency health servi0o a:ceptable to parents with
written parental agreement for it
Parental statement ern the health
healt'f
tatusof --le child, noting any known
deviations from normal.
Parental admission for the school
health information
to the cen_-
Information
indicating
which
sehooi has
th
..cfs
health
immunization records.
In the absence of
school health-records, a
medical examination shall be recwired'and pDtlysician's statement shall
be filed in the center.
33
DAY CARE CENTERS
MAR LAND
When a child has a diagnosed or suspected phy0eal or mental
condition,
a report of medical examination or
stateinent by a physiein may by
requested from the child's parents or guardian by either the director or
the local health officer in order for the center to provide ade=uate 'care
for that child.
1400. FACILITY REQUIRE
1410.
SPACE
§.13 Location of Center.
A center shall be serviced by a good road, which is kept passable
when the
center is in operation, and shall be accessible to emergeneyvehicles.
§.15 Building.
A basement room located' entirely below ground level rnay not be us
d for the
care of children.
A basement room having the uppermost 3 feet of the required
height above the outside ground level may be used, provide that
Clear inside height is at least 7 feet and 6 inches;
The heating system. keeps the floor warm;
There is no indication of dampness;
The room meets the requirements for yen
sts
regulations;
The room meets the State and local fire codes.
§.16 Playground.
el
r inside
eT in these
Each center shall have an outdoor playgroLndproviding ample play
mace that
is free from hazards. The playground shall be appropriately equ- Aped and
readily accessible to the center. The outdoor play area shall be feced when
deemed necessary by the local health officer.
34
DAY CARE CENTERS
S.18 Space:.
uare Footage.
At least 35 square feet of usable floor space shall be
provided for each child., exclusive of corridors, kitchens,- bathrooms, offices,
isolation rooms or areas, storage space, and permanent sleeping space.
Required space may include non---fixed children's chairs, tables,- and play
equipment.
D4ARYLAND,,
1420.
LIGHTING, VENTILATION AND-TEMPERATURE
515 Building.
A building to be used for a center sha.11,be of sound construction, and shall be
maintained in good-repair
Ventilation. Ventilation,by natural or mechanical means shall be provided and
approved.
J
5.23 Heating Units.
Heating units shall meet the State and lodal fire codes, and shall be adequate
to
maintain
an even temperature
of between
680F
(2,00C)
and
700E
(2I0C) at floor level when the outside tem'perature is 00F (-180C).
Portable space heaters are prohibited.
Chimneys, flues, and pipes connected with the heating system shhll be checked
and cleaned annually, and shall be maintained in proper operating condition at
all times.
All steam pipes shall be covered with insulating materials approved under all
applicable codes.
§.24 Gas and Electric Appliancel
All gas appliances Shall be connected by approved methods
All unused gas connections shall be removed or properly c
ped in air approVed
manner..
2 9
DAY CARE. ,CENTERS
A 1 wiring shall conform to applicable electrical codes.
All.open electrical sockets shall he capped or plugged.
§.25 Lighting.,
MA Y ANr
Each room used for chil
en's activities shall be provided with illumination of
at least 20 .footcandles_at- play surfaces and (at least 10 footcandles 6n all
.
stairways' and corridors.
Natural lighting shall-be suppleniented by artificial
lighting to. obtain the required illumination.
Glare Shall be kept to a minimum by
Providing shades at all windows expose
a direct sunlight;
Using lighting fixtures_ designeded so that bare lamps or u
s are shield
at normal viewing angles.
1430.
EXITS
Not specified
1440.
TOILETS AND LAVATORIES
§.21 Sanitary Facilities.
Toilet and Washbowl. At least one toilet and one washbowl shall be provided
.
.
for each fifteen, or fraction of that number. of, children. The washbowl shall
be near each toilet, and shall_be equipped with hot and cold running water.
Toilet seats 'hall be the open-front type. The fixtures shall be of a height that
t
children
may _e used by the chilen without
assistance. Children may use
platforms.
reach fixtures providing the platforms are safe and kept in
sanitary condition. The floor in each toilet room shall have a water-resistant,
non-absorbent finish, and the walls shall be smoothly finished with a hard
surface.
Each
toilet
room shall be equipped with approved natural or
mechanical ventilation.
-36
DAY CARE CENTERS
MARYLAND
1500. OTHER STATE REQUIREMENTS COMPLLANCE WITH OTHER LOCAL,
STATE, AND REGIONAL LAWS AND REGULATIONS
1510. -ZONIN
Not specified
1520.
FIRE
5.23 Heating Units.
Heating units shall meet the State and local
gee also 722. Fire Safety Requirements
1530.
BUILDING
Not specified
1540. HEALTH
Not spedified
1550.
SANITATION
Not specified
1560. NEW CONSTRUCTION
Not specified
37
DAY CARE CENTERS
MASSACHUSETTS
Except -where otherwise noted, all citations are to the Regulations of th
Office for Children, Chapter VU, Standards for the Licensure or Approval of
Group Day Care Centers, (Code of Human Services Regulations, Title 2 -
Children), August, 1976.
100. STATE LICENSING OF CHILD DAY CARE FACILITIES
U0.
TYPES OF FACILITIES SUBJECT TO LICENSURE AS DEFINED BY
STATE STATUTES AND REGULATIONS AND/OR LOCAL ORDINANCES AND
REGULATIONS
Definitions
MASS. GEN. LAWS ANN. ch. 28A, §100.01 Definitions.
"Day Care Center," any facility operated on a regular basis whether known as
a day nursery, nursery school, kindergarten, child play school, progressive
school, child development center, pre-school, or known under any other name
which receives children, not of common parentage, under seven years of age,
or under sixteen years of age if such children have special needs, for
non-residentiEd custody and care during part or all of the day separate from
their parent(s).
"Family day care home," any private residence which on a regular, basis,
receives for temporary custody and care during part or all of the day childr n
under seven years of age or children under sixteen years of age if, such children
have special needs; provided, however, in either case, that the total number of
children under sixteen in a family day care home shall not exceed six,
in uding participating children living in the residence.
"Family day care system," any person who, through contractual arrangement,
provides to family day care homes which it has approved as members of said
system, central administrative functions including, but not limited to, training
of operators of family day care homes; technical assistance and consultation
to operators of family day care homes; inspection, supervision, monitoring, and
DAY CARE CENTERS
-MASSACFIUSETTS
evaluation of family day care homes; referral of children to available family
day, care homes; and referral of children to available health and social
services....
112.
Exclusions' and. Exemp
MASS. GEN. LAWS ANN; eh. 28A 5100.01 Definitiorm.
"Day Care Center,"...Day care center shall not include: any part of a public
school system; any part of a private organized educational system, unless the
services of such a system are primarily limited to kindergarten, nursery or-
related pre-school services;
a Sunday school
conducted
by
a
religious
institution; a facility operated by a religious organization where children are
cared for during short periods of time while persons responsible for such
children are attending religious services; a family day care home; an informal
- cooperative arrangement among neighbors or relatives; or the occasional care
of children with or without compensation therefore.
"Family day care home,"...Family day care home shall not mean a private
residence used for an informal cooperative arrangement among neighbors or
relatives, or the occasional care of children with or without compensation
therefore.
"Family day care system,"
a family day care system sliall not mean a
placement agency or a day care center.
113.
MIS D y Care Compliance
Not specified
2
DAY CARE CENTERS
MASSACHUSETTS
120.
AGENCY RESPONS LE FOR LICE S
G OF DAY CARE PROGRAMS
121.
Organization of the Adminis
alive Unit
Director
OFFICE FOR CHILDREN
AssoCiate Director-
Director
DA- -CARE UNIT
Asst. Day Care Unit
Director for
Day Care Centers
Line Licensors for
Day Care Centers
Asst. Day Care Unit
Director for Family
Day Care 'lorries
Line Licensors for
Family Day Care
Homes
Family Day Care
Registrars
In Massachusetts, the licensing staffs are housed-in seven regional offices but
are supervised from the state central office. Licenses for day care centers
are issued from the state central office, and certificates of registration are
issued by the family day care licensing staffs from the regional offices. There
are 23 locally delegated communities in the state r
le public health offices
license day care centers using the state regulations. 'I hese delegate agencies
PAS' =_
ARE CENTERS
MASSACHUSETTS
may not issue waivers, interpret the law or regulations,` initiate legal action,
or impose requirements other than those of the-state. The'regional day care
center licensing staffs are responsible far supervising the local delegated
licensi
encies.
122.
All inqu ir
onsible Offieial
s should be addressed to:
Director of Day Care Licensing
Office for Children
'120 Boylston Street
Boston, Massachuse tts 02116
(617) 727-8956
200. IICENSING PROCESS AND ENFORCEMENT PROCEDURES
210.
LaCENSING PROCESS
Promulgation of Regulations
ASS. GEN. :LAWS ANN. ch. 28A, §10(c) Licensure or Approval of Day Care
Centers, Family Day Care Homes or Systems, Family Foster Care, GroUp Care
Facilities, and Placement Agencies; Standards and Requirements; Rules and
Relations for Sections 9 to 16; Inspection; Consultation.
The Office
consultation
pursuant to the provisions of chapter thirty A, and after
h the )executive offices of educational affairs, manpower
affairs, public safety, communities and development, and the departments of
youth services, mental health, _public health and public welfare; promulgate
rules and regulations to carry out the purpoites and functions of sections nine
through
sixteen.
Such
regulations,
as
they
relate
to
standards
and
requirements for licenstwe and approval of day care centers, family day care
homes which are not part of a. family day care system, family day care
systems, family foster care w ich
is not supervised and approved by a
placement agency, placemen
gencies and group c --e facilities, shall be
4
305
DAY CARE CENTERS
mAssAcHusErrs
appropriate for the protection and health, well-being end development of
childrei....
The office shall. conduct a comprehensive review of rules and
regulations established underthis section at least once every five years.
212.
Advisbry Body and Qther Community Participation
MASS. GEN. LAWS ANN. ch. 28A, S8
Advisory Cotmcil.;. Members; Terms;
-Expenses; Duti es; Report and Recommendations;
There shall be a state-wide advisory council to the Office to consist of the
secretaries of the executive offices of" human services, manpower affairs'
communities and development and educational, affairs, or their designees,
twelve members appointed by the governor, and sixteen members elected by
the local councils for children established under section seven. All aPpointive
or elective members shall serve for terms of three years. -The chairman shall
be appointed by the governor from the appointed or elected `members and shall
serve as chairman at the pleasure of the governor:, provided, that no member
may serve as chairman for more than six years.
Appointive or elective
members shall serve without compensation but shall be reimbursed for
necessary expenses incurred in the performance of their duties. Said itavisory
council shall:
Assist the director in coordinating the efforts of all public
agencies concerned with services to children;
Advise the director on policy, planning and priorities of
needs in the Commonwealth for services to children;
Review regulations proposed by the Office and make
Recommendations to the director in regard thereto;
uggest new regulations o the director;
Annually review the programs and policies
he Office;
306
DAY CARE
NTERS
MASSACH
Review, in conjunction with the Office, at least biannually,
the organization, stFucture and functioning of services to
children in the Cornrnonfv.ealth; and
.
SETTS
Issue Ek report to the governor,- the general court and the secretaries ,of
all executive offices annually on the first Monday of July. The report
-
shall include but not be limited to the council's goas for action during
the nertgollowing fiscal year and the following four fiscal years; a
review' and evaluation of the progress made as the result of such
recommendations for the preceding two fiscal years; the council's_
recomniendations on priorities for -action to be undertaken by the
Office during the following fiscal year and the following four fiscal
years;" and a review and evaluation of the progress made as the result of
such recommendiations for the preceding two fiscal years.
220.
UCENS- G PROCEDURE
221.
Application and Issuarice
§101.01 Applications.
Any person- who wishes to 'establish and maintain a day care center serving
children shall file an application, in writing, with the Office in a manner and'
on a form prescribed by it. Any person seeking to renew a license or approval
shall file an application for such renewal, in writing, with the Office in a
manner and on a...frm prescribed by it not less than thirty (30) days prior to
the date of expiration of his current license or approval.
§101.02 Requirements for Applicant.
The applicant shall be the person designated by the owner or the governing
body as having responsibility for the administration of the facility.
t
DAY CAR
CENTERS
t
MASSACHUSETTS
S101.03 Action-by the Office.
Upon receipt and review (which shall include frfterviews, site visits, and
consultation related to licensing standards)
lication for a license or
;
-
approval or renewal thereof, the °filee
hall issue
renew -a license or
approval if it finds that the applicant is in compliance with thee relations.
5101.05 Term of License.
A license br approval is valid for two ye
revoked, suspend
or made probations
222.
Fee Char -ed
5101.06 Application Fee.
-
,The application shah be accompanie
jrnade ,payable to the
ommonwealthb
223.
Areas of Investigation
See 221. Applic!ittion_and Issuance
224.
License Renewal
See 221. Acation and Issuance
225.
Opnditi onal/Provisronal Lice_ es
from the date, of issuance unless
by a cheek for thirty dollars
11.00)
Ni assachusetts.
5102.01 RequirementS for Provisional License.
If the Office finds that the applicant has not complied with, or is unable-
comply .with, all applicable regulations, or if the applicant Seeks to operate a
center which has not previously operated, the Office may issue a provisional
license provided that care given in the center is adequate to protect the health
and safety of the chlicten....
7
308
DAY CARE cENTERs
§102.02 Term of Provisional License.
CFIUSETTS
A provisional licerse or approval shall be issued for a period not to exceed six
(6) months and may be renewed once for no more than six (0 months. In no
case shall a person operate tinder a provisional license, provisionalapproval or
renewal of a provisional license for more th
twelve (12) consecuiiye months.
226.
Substantial Compliance
5101.04 Waivers.
The Office may, upon written request, waive any regulation contained in
/
subchapters B through E and aLlaw an,alternative method for compliance with
such regulations if the applicant provides clear and convincing- evidence,
including, at the request
the Office, expert opinion, which demonstrates to
the satisfaction of the Office that the applicant's alternative method will
comply with :the intent of the re
tion for which a waiver is requested. The
Office may consider any other evidence relevant-to the request.
230.
ENFORCEMENT PROCEDURES
231.
Facility Irs-
_tions
31Q3.01 -Visits to Determine Compliance.
Any employee of the Office, authorized in writing by the Director, may, at
any reasonable time, visit and inspect any center operated by a personwho is
subject to licensure or approval by the Office in order to determine whether
such center is being operated- in compliance with the law and with the
ti
regulations established by the Office.
309
DAY CARE CENTERS
232.
Denial 9 Su
7
nsion Revocation of a License
5104.01 Correction of Deficiencies.
MASSACHUSETTS
Whenever the Office finds upon 'inspection or through information in its
possession that a person operating a day care center is not in colnphance with
any applicable licensing regulations of the Office, the.,Office may order that
person to correct such deficiency.
§104.02 Content of Orders.
Every such correction order shall be in writing andShall inallide a statement of
the deficiencies found, the period within which the deficiency must be
Corrected; and the provisions of law and regulations retie
n
The period
shall be reasonable and, except when the Office
mergency dangerous
to the health or safety of -children, nth less t an thirty (30) days from receipt
of such order.
§104.03 Request for Administrative Reconsideration.
Within seven (7) days of such receipt, the person .operating the center may file
a written request with the Office for administrative reconsideration of the
order or any portion thereof.
S104.04 Office Action on Requests for Reconsideration:.
The Office shall grant or deny such written request within seven (7) days of
filing and shall,notify the operator of the center of such grant or denial.
6104.05 Enforcement.
In the event that the person operating, the center
fails to correct any
deficiency within the period prescribed for correction, the Office may enforce
its correction order under Section 105.01, or 105.02, or in accordance with G.L.
c. 28A, s. 16.
31u
DAY CARE CENTERS
MASSACHUSETTS
233.
Remedies and Sanctions
233.1 Hearings
5105.01 Grounds for Adverse Action.
After a hearing, held pursuant to the Office for Children Rules of Pfocedure
for Acthidicatory Proceedinks (Title 1 - Office -for Children Regulations), the
Office may revoke, suspend, refuse to issue or refuse to renew a license or
approval if 't finds anyof the following:
Th applicant or licensee failed to comply with any applicable
regulation or any deficiency correction order;
The applicant or licensee submitted any misleading or false
statement or report required under these re
ations;
The applicant refuses to submit any report or make available
any records require under these regulations;
The applicant or licensee refused to admit, at a reasonable
time, any employee of the Office
authorized by the Director to
investigate or inspect, in accordance with Part 103.
5105.02 Suspension Without a Hearing.
The Office may refuse to issue or may suspend any license or approval without
a hearing if failure of the operator or licensee to comply with any applicable
_regulation results in an emergency situation which endangers the life, health,
or safety of children or staff present in the center. Any notice of such refusal1
to issue car suspension of a license or approval shall be hand delivered or mailed
to the licensee via first class mail, registered, return receipt requested.
However, upon written request
of an aggrieved party, delivered in hand or
mailed to the Office via first class mail, registered, return receipt(requ
a hearing shall be held within seven (7) business days of the deli4ry of s
request; provided that such request is delivered in hand,' or made -ter--
Office within three (3) business days of such refusal to issue or suspension of
any license or approval.
10
DAY CARE CENTERS
MASSACHUSETTS
Such notice of refusal to issue or suspension of a Bees or approval, pursuant
to this section shall include a copy of the provisions of t is section.
The licensee shall notify parents of all children in the center of any such
refusal to issue or suspension of a license or approval within two (2) business
days of receipt of notice from the Office.
233.2 Decisions
See 233.1 Hearitys
233.3 Judicial Review and
MASS. G11-N. LAWS ANN. ch. 28A, S'0 Suspension, Revocation, etc. Q License
or Approval; Grounds; Hearing; Decisiion; Adicial Review.
Subject to the requirements of chapter thirty A, the Office may suspend,
revoke, make probationary, refuse to issue or refuse to renew the' license orY
approval of any person. Such action may be taken if such person; (1) fails fo
comply- with applicable rules and regulations; (2) furnishes or makes any
rdisleading
or false statement or report required under such rules and
regulations; (3) refuses to submit any reports or make available any records
required by such rules and regulations; or (4) refuses to admit representatives
of the Office at any reasonable time for purposes of investigation
or
inspection. The Office may temporarily suspend a license in an emergency
situation without a prior hearing; provided, however, that upon request of an
aggrieved party, a hearing shall be held as soon after the license is suspended
as is reasonably possible. Any party aggrieved by a final decision of the Office
in any adjudicatory proceeding under this section may petition for judicial
review in accordance with the provions of section fourteen of chapter thirty
A.
11 312
DAY ARE CENTERS
O. AI)it9INISTRATIONS
.amor
310.
GENERAL ADMINISTRATION
311.
General Administrative Itec luirements
MASSACHUSETTS
§106.01 Posting of License, Approval of Order.
The liceare shall post, in a conspicuous place, any current license or approval
issued to him by the Office and any n6ticeaof hearing, order or decision issued
J
by the Office that pertains to the center. Such posting shall be m an area
-
accessible to visitors and employees.
, §106.02 Notification of Legal Proceedings.
Every licensee shall report, in writing, to the Office any legal proceeding
-.
(within ten (10) days of initiation of such procebdihgs)-17ought against hinv or
y persoA employed by the "center
if such prodeedings
arise
out
of
circumstances related to the care of children in the center or to the continued
operation of the day-care program.
§106.03 Notification of Death or Serious Injury.
The licensee shall immediately report to the Office the followi
The death of any child which occurs while such child is in care;
Any injury to, or illness of, any ,child which occurs...during the hours
while such child is enrolled
rl
re sand which requires' In-patient
hospitalization overnight.
§106.04 NotificVion of Change of Ownership.
The licensee shall provide notification, in writing, to the 'Office prior to any
change in ownership of the center.
12
DKY CA
E TERS
5106.05 Notification of Chan
in.Chief Administration.
MASAflU S
TS-,
41.
The licensee shall provide prior notifiCation, in -,:vriting, 'to the Offiee of _any
-
j-change in the person designated by the owner
the governing body Its having
responsibility for administration of the facility.
§106X6 . Change in L icat iona
,
The licensee shall_sirovide-Prior notifi ation
change in location of the center.
r
§106.07 Availability of Regulations.
The licensee shall have' a etzpy of these re
ationson the center premises 4d
make them available to any person 'upon request.
ing;_to the Office
§107.01 'Transf er of License..
A license or approval shall not be transferable from one licensee to another;
-from one center to another; from one location to another; or from one owner
to another.
S200.01. Statement of Purpos
Each
ee shall keep and maintain a written statement identifying they-
center
philosophy; its goals and objectiv
the characteristics of children
served, Including
ncluding but not limited to
sex,, special needs; its' intake
procedures and the services proVided. The licensee shall provide each child's
parent(s) with a copy of thii statement, shall make this statement available
-,.
upon request td any person and shall kedp such statement current.
§200.03 Fee Schedule.
The licensee shall maintain a written fee schedule for the services-provided.
Such schedule shall be provided to parents find to any person upon request and
shall be kept current.
5201.01 Evidence of Authority to Operate.
Each licensee shall have documentary evi
operate the center:
14
of his source of authority` to
DAY CARE C 1
5
MASSACHUSETT
A center operated by the Commonwealth or any political subdiision
thereof sliam1.1 keep and maintain documents that identify the statwitory
basis of its existence, and the administrative framework Or
the
governmenTtal department in which it operates;
private
center shall keep and maintain documents that fully- and
completely
identify
its
ownership.
Corporations, partnership,
or
association
shall identify their officers and maintain a file which
shall
.
include, w: mere applicable, the charter, partnership and agreerment,
constitutio, articles of organization and by-laws.
5201.02
Designem.tion
of
Administrative
and
Program
Develop rrient
Responsibility.
Each licensee shalal designate at least one person who shall have administr ,ative
responsibility ovecar the operation of the center and who shall be responsible for
developing and maintaining the early childhood education program o
the
.
center, including,
but not limited to, such fun
ions as daily activities frzi- the
children, health aid nutrition programs, field trips, parent involvement, social
services, staff sr-upervision and training.
More than one person mar be
designated to share such responsibilities.
In centers
with licensed capacities of forty or more children, the
designated
person shall be a full-time non- teaching director regimilarly
on the premises of the center. If administrative functions and pro -dram
developmerzat are carried out by more than one person, the center
shall
demonstrate that
adenistrative
duties
will
be
carried
oti. ter
by
designated
individuals on
basis.
In full day ems - enters with licensed capacities of twenty-five-to thirtynine
children, time licensee shall allocate at least fifty percent of a fulltime
position f=r non-teaching administrative and program development
duties, on the premises during the hours of operation.
3 1
14
DAY CARE CEN
"SRS
MASSACHUSETTS
The license shall not utilize staff who are assigned teaching duties to
perform aciaministrative or program development duties when assigned
to groups o
children.
§201.03 Requirern
eats for Administrator.
The administrator, as defined in Section 2002, shall meet the qualifications
for ahead teacherr, as established in Section 300.01(a), and shall be a full-time
staff member on
the premises regardless of whether duties are split between
teaching and nonteaching responsibilities as allowed by Section 201.02.
If
rnore than one pe=son is designated as administrator, at least one person who is
designated must tz=se a full-time staff person, on the premises, and must meet
the head teacher r-l-equirements, as established in Section 300.01(a).
5201.01 OrganizaMional Information.
Information on th- e administrative organization of the center shall be provided
to
parents
and
staff, including identification of lines of authority and
supervision.
5201.05 Provision
for Temporary Absence of Administrator.
The licensee sha.UU inform ail staff on duty as to who is responsible for
administration of
the center at any given time. In the event of the temporary
absence of the aministrator, the administrator may appoint a designee who
shall be on the pwremises of the center while it is in operation. The designee
shah meet the qulifications of a teacher, as required by Section 300.01(b).
5201.06 Business =Management.
The licensee shah establish a system of business management and staffing to
assure that the e.--enter maintains complete and accurate accounts, books and
records, including
required personnel and children's records.
DAY- CARE CENTERS
MA ACHUSETTS
5202.01 Research and Experimentation-
nusual Treatment.
No licensee shall conduct research, experimentation, "or unusual, treatment
involving children without the written, informed consent of the affected
child's
parents
or
guardian,
for
each
occurrence.
In
centers, where
observations of children (by other than Oaients of the children in the center)
are common, a general parental consent may be obtained
in
writing.
Observation shall mean that there is no interaction between the child and the
observers and no identification of the individual child. In no case shall the
licensee allow physical harm of children to be carried out during research,
experimentation or unusual treatment.
Research and experimentation shall
not mean program evaluation or data .collection for purposes of documenting
services of the facility which do not identify individual children.
5202.02 Unauthorized Activities.
The licensee stAll not authorize any activities unrelated to the direct care of
children or to any contacts with the parent(s) or guardian without the written,
informed consent of the parent(s) or guardian. "Activities" shall mean, but not
be limited to:
Fund raising;
Publicity, including photographs and participation in the mass media.
S300.06 Evidence of Required Certifcation, Licensure or Registration.
The licensee shall obtain, upon request of the Office, evidence that personnel
are currently certified, licensed or registered where applicable lawt require
certification, licensure or registration.
16
DAY CARE CENTERS
MASSACHUSETTS
3400.01- Authority to Admit.
A
The licensee shall- admit children, children with special needs, and infants or
toddlers only if licensed or approved to do so. Upon request, the Otfice may
amend an esdsting license issued under these standards to allow, admissions of
special needs children or infants and/or toddlers, providing that the licensee
demonstrates that he can meet applicable standards.
5400.03 Center Size.
The licensee shall not admit or enroll, at any one time, more children than the
licensed capacity of the center.
312.
Telephone
3504.03 Telephone Requirements.
The licensee shall provide one non-coin operated telephone on the premises of
the center for center use.
313.
Proof of Operator Financial Capabilities
Not specified
314.
Insurance
See 723. Transportation
320.
PERSONNEL
321.
Publication of Personnel Policies
5300.03 Personnel Policies.
In centers with four (4) or more paid staff members, the licensee shall
describe, in writing, the center's current personnel policies and practices and
shall make them available to all employees and prospective employees at the
center. Such personnel policies shall include, when appropriate, a description
of:
6)
Criteria and procedures_lor hiring, and suspension or dismissal of any
staff person;
s
DA
ARE CENTERS
HllSE
The procedures
or handling staff complaints;
Provisions for vacations, holidays, leaves
sick days;
Information on probltion
periods1
hours of work,
including
staff
meetings and training sessions; overtime; skeleton days; jury
duty;
bereavement pay; breakS; and leaves of absences.
5300.04 Job Descriptions.
In centers with
our (4) or more paid staff members, the licensee shah make
avanable,written job descriptions for all paid staff positions.
5300.05 Salary RangeS.
In centers with four (4) or more paid staff members the licenseeshall establish
and describe, in writing, a salary range covering all positions and shall rwrovide
eacell employee with information regarding the salary range for his posilLion or
the procedure for determining the salary for his position.
322.
Constraints Against Employment
Not specified
330.
NON-D SCR
NA ION
Requirements Prohibiting Discrimination
S200.02 Non - Discrimination.
The licensee shall not discriminate in providing services to children an ant their
families on the basis of race, religion, cultural heritage, political bell efs or
marital status. 7
Fj
31)
DAY CANE CENTERS.
340-.
RECORDS REQUIREMENTS
341.
Children
§204.01 Children's Records.
The licensee shall maintain a written record for each child which includes:
A fact Sheet or sheets, which identifies the child by the following
information, where available:
The name, darce of admi4sion, ate of birth, place of birth, and
primary language of the child and parent(s), if other than English;
MASSACI lUSEll
The parent's name, address, and phone number (home and business)r-
Name, address and phone number, of person to contact in case of
emergency when the parent is unavailable;
Sex, race, height, weight, color of hair, color of eyes,
any
identifying marks.
Copies of periodic progress rgports, as required in Section 20103
Medical records indicating the child's health while enrolled, including
admissions and physical examinations, as rqquired in Sections 400.04
and 402.05; immunizations, as required in Section 400.05; and a record
of any prescribed medications adminLstered to the child, as required by
Section 402.04;
Individual program plans, and periodic review of such plans,
y
special needs child, as required in Section 400.07;
320
DAY CARE CENTERS
NMASSACE3 ETTS
All necessary authorizations and consents and inforinatior-i required 'n
Section 400.09;
All pertinent, correspondence
concerning the eh
, includ
for social services, ss required in Section 410.03.
5204.02 Maintenance of Records.
The licensee shall maintain records which shall be legiblk,dated mind signed by
the individual malting the entry.
The licensee shall continuall
update all
information in the children's record. The licensee shallretain
ecOrds for- a
period of at least five (5) years afterea child has left the center unless the
record has been transferred to the parent, as provided in Section 2104.06.
342.
Staff
3300.02 Availability of Personnel Qualifications.
r
The licensee shall have on file at the center evidence acceptable to the Office
of qualifications of staff required by these regulations.
343.
Child Eligibility KO Enrollment Requirements
3400.02 Admissions Age Restrictions.
The licensee shall not admit a child under one month of age,
3400.06 Meeting with Parents.
The licensee shall assure that the administrator or his designee shmaii meet with
the went(s) prior to admitting a child to the center.
At the meeting, the licersee shall provide
tc the parents
the
nter's
written
statements
of
purpose,
services,
procedures
for
parent
conferences, visits and input
to center policy; procedurs relating to
children's records; and procedures for providing emergency -Inealth care.
321
20
bAY CARE CENTERS
MASSACHUSETTS
The licensee shall p
v-
e the opportunity
for the parents) to visit the
center's classrooms at
the time of the meeting or prior to the
enrollment of the child.
5400.09 Parent Authorization,
Consents, Informat_J.on.
The licensee shall, in admittgL ng a child, requires the parent to provide the
following authorizations, eons
rats and informatior
which shall be made part of
the children's record:
The child's daily schedule, developmental history, sleeping and play
habits, favorite toys, sc-laustomed mode of r eassurance and comfort;
Procedures for toilet truing of the child, 1 1 appropriate;
Where appropriate, the
child's eating schemdule and eating preferences,
including information owl special diets and/ or allergies; and for infants,
a description offormula- preparation;
Information on where
.,c) reach the paren1_ and an alternative nearest
relative or friend in ease of an ernergncy as well as the child's
physician. or clinic, if en 37;
Parental consents for
emergency first a id, and any field trips and
transportation to a specific hospital in em ex gencies;
fdentity of any person ituthorized by the parent to take the child from
the center or receive theme child at the termi mation of the day and a copy
of the written parental authorization.
5400.10 Validity of Consents.g
A written consent provided uiider Section 400.09
shall be valid for one year
from_the date of its execAtior
unless such eonsea-it is withdrawn, in writing,
prior to that time.
2
DAY CARE CENTERS
Child Abuse Report g
MASSACHUSETTS
5402.01 Health Care Policy.
The licensee shall have a written health care policy statement which is
provided to each staff member and is posted near a telephone which will be
used for making emergency calls. The health care policy shall be approved by
the health care consultant, required under Section 402.02. The statement shall
include-
The procedure for reporting suspected child abuse or neg
partment of Public Welfare.
345.
Confidentialit of Records Re uirements
t.-
S204.03 Confidentiality and Distribution of Records.
...
InfOrmation contained in a child's record shall be privileged and confidential.
The licensee shall not distribute or release information in a child's record to
anyone not directly reiited to implementing the program
lan for the child
without the written consent of the child's parent(s). The licensee shall notify
the parent(s) if a child's record is subpoenaed*The child's parent(s) shall, upon
request, have access to his child's record at reasonable times. In no event
shall such access be, delayed more than two (2) business days after the initial
request without the consent of the child's parent(s). Upon such request for
access, the child's entire record, regardless of the physical location
Xof its
i
parts, shall be made available.
The licenSee shall = establish procedures
governing access to, duplication of, and dissemenation of such information; and
shall maintain a permanent, 'written log in each child's record indicating any
persons to whom information contained in a child's record has been released-
Each person disseminating or releasing information contained in a child's
record, in whole or in part, shall, upon each instance of dissemination or
release, enter into the log the following: his name, signature, position, the
date, the portions of the record which' were disseminated or released, the
purpose of such dissemination or release, and the signature of the person to
whom the information is disseminated or released. Such log shall be available
only to the child's parent(s) and center personnel responsible for record
maintenance.
22 323
DAY CARE CENTERS
AC 1.1
$204.04 Charge fo-r Copies.
The licensee shall not charge an unreasonable fee
for copiee of any
information contained in the child's record.
S204.05 Amending 'the Child's Record.
A child's parent(s) shall haveethe right to add information, comments,date or
any other relevant materials to the child's record.
A child's parent(s) shall have the right to request deletion or amendment of
any information contained in the child's records. Such request shall barnacle in
accordance with the procedures described below:
f such parent(s) is of. the opinion that adding information is not
sufficient to explain, clarify, or correct objectionable rnaterlil in the
child's record, he shall have the right to have a conference with the
licensee to make his objections known;
The licensee shall, within one (1) week after the conference, rander to
such parent(s) a decisipn in writing stating the reagon or reasonsfor the
decision. If his decision is in favor of the parent(s) he shall invediately
take steps as may be necessary to put the decision into effect.
$204.06 Tranafei of Records.
Upon written reqUest of the paten s, the licensee shall transfer tlx child's
record to the parent(s), or any other person the parent(s) identifies, when the
child is no longer in care.
$204.07 Notification to Parents.
The licensee shall notify the parent(s), in writing, of the provisions ,f Sections
204.03,. 204.04, 204.05, 204.06 and 205.01 at the time of the child's admission
to the center and thereafter, in writing, at least once a year
DAY CARE- CENTERS
.
MASSACHUSETTS
'5205.01 Availability of Information to the Office.
.Notwithstanding Section 204.03, upon request of an employee, authoriied by
the Director and involved in the regulatory process, the licensee shall make
available to the Office any information required to be kept and maintain
under these re
ations and
r
d any other information reasonably related to the,
requirements of these relations. Authorized employees of the Office shall
not remove identifYing case material from the center's premises and shall
maintain the confidentiality orindividual records.
400. GRO P romposmoNs OF CHILDREN
410.
STAFF/CHILD
TIO REQUIREMENTS
411.
Staff /Child Ratio as of
arch, 1981
530L06 Children At Least Two Years, Nine Months, But Less Than Four
Years, Nine Months: Staff Ratios and Groupings in Full Day Centers.
The licensee shall not group children aged at least two years, nine months, but
less than four years, nine months of age in groups larger than twenty;
The licensee shall
one teacher or teaching assistant for each ten or
fewer children;
One of the persons assigned to a group of twenty children, under this section,
shallt-rneet the qualifications of a teacher under Section 300.01(b).
§301.07
Children At Least Two Years, Nine Months, But Less Than Four
Years, Nine Months: Staff Ratios and Groupings in Half Day Centers.
In centers operating four hours or less per day, or in centers where no child
attends more than four hours per day, the licensee shall place children two
years, nine months but less than four years, nine months of age in groups no
larger than twenty -four children;
E
32
c
24
DAY GAR t 0 CENTERS
MASSACHUSETTS
In centers ep-aerating for four hours or less per day, or in centers where no child
attends amore
than four hours per day, the licensee shall assign one teacher or
teaching tnglistant for each twelve or fewer children at least two years,,nine
months, bat
less than four years, nine months of age. One of the persons
assigned to eaa group of twenty-four children, under paragraphs (c) and (d) of
this section Shall meet the qualifications for a te cher under Section 300.01(b)
'5301.08
hill:Wren At Least Four Years, Nine Months, But Less Than Seven
Years: Sts. ff 7 Ratios and Groupings.
The licensee e shall not have children, four years, nine months, but less than
seven years oltDf age, in groups larger than thirty;
,The licensee
shall assign one teacher or teaching
sistant for each fifteen or
fewer childrn;
One of the persons assigned to a gToup of thirty children, under this section,
must meet tte qualifications for a teacher under Section 300.01(b).
5301.00
Children At Least Two Years, Nine Months, But Less Than Seven
Years: Staff
Ratios and Groupings in Mixed Groups.
The licensee
shall not have children two years, nine months; but
-s than
seven years ocDf age in mixed groups larger than twenty;
The licensee t shall assign one teacher or teaching assistant for each ten or
fewer childrn, at least two years, nine months, but less than seven years of
age in mixed
groups;
One of the pinersons assigned to a group of twenty children under this section
must meet th-rie qualifications for a teacher under Section 300.01(b).
25
32C
DAY CARE CENTERS
412.
Methods of
StaWChild Ra
MASSACHUSETTS
5301.01 Head Teachers.
In all centers with licensed capacities of forty to seventy-nine children, the
licensee.shall provide one full-time staff member on the premises designated
as a head teacher. The head teacher shall meet the qualifications in Section
300.01(a), and may be the same person as the non-teaching director` required in.
Section 201.02(a).
In all centers with licemed capacities of more than seventy-nine children and
for every increase in the licensed capacity of forty children, in excess of
seventy-nine, the licensee shall provide a second full-time person on the staff
within the re
ratios who meets the qualifications for a head teacher.
5301.11 Determination of Age of children.
The licensee shall determine the age of children, for purposes of staff/child
ratios, on the age of the child at the.date of admission to the center each year
that they are enrolled.
5301.12 Staff Schedules.
The licensee shall establish a written schedule listing persons on duty. The
schedule shall indicate compliance with the minimum staff ratios required by
these reulatio nse
The licensee shall keep the schedule current.
"
26
DAY CARE CENTERS
MA _A
5301.13 Staff to be Included in Ratios.
For. purposes of caKulating staff/child ratios under these regulations, staff
shall incLude only those persons hired or assigned to'supervise or teach children
for s
ho
!the day.
In n ease shall the licensee assign paid or volunteer staff persons under the
age of sixteen to meet required staff/child ratios.
The licensee shall not assign teaching assistants, student interns or parents,
who do not meet the qualifications for a teacher, to a group which does not
have a teacher assigned.
Student interns and volunteers, other than parents of children in the center,
shall not be included in staff/child ratios unless they are assigned to the center
for at least three consecutive months.
§301.14 Supervision.
The licensee shall, at no time, leave children_unsugreWised.
530115 Supervision at the Beginning and End of the Day.
4t+
Notwithstanding the staff/child ratios required by these regulations, the
licensee may meet the following ratios at the beginning and end of the day, for
no more than one hour at a time:
Two adults, one of whom shall meet teacher qualifications, shall be on
the premises performing teaching duties at all times when there are
seven or more children present;
Ong adult trained in accordance with Section 402.01 and 402.03, shall be
present at all times when Six or fewer children we present, provided
that a neighbor or other adult is available, promptly, for emergencies;
The licensee shall post the name, location and telephone number of the
person available in emergencies.
27
328
:DAY CARE 'CENTERS
MASSACHUSETTS
420.-
GROUP SIZE
421.
Group Size as of March 1981
See 411. Staff/Child Ratio as of March, 1981
422... Methods of Computing Grou Size
See 412. Methods of Computing Staff /Child Ratios
500. STAFF QUALIFICATIONS AND_,TRAINING REQUIREMENTS
510.
.CHILD CAREGIVER STAFF QUALIFICATIONS
511.
Age
See 513. Education
512.
Health
§402.06 Medical Examination for Staff.
The licensee shall require, before employment of any, paid staff member, that
the staff member present evidence of a negative tubercular test or x-ray
performed within three months prior to the date of initiation of employment
and written certification from a physician that the staff member is free from
communicable disease and indicating any limitations the staff member may
have in working with young children due to health problems. The tuberculin
test or x-ray must be repeated every three years and certification pro
ed to
the center by the staff member of a negative result.
Such an exa
ation
shall not be requir
person who objects on the basis of religious b ifs.
28
DAY CARE CENTERS
MASSACHUSETTS
513.
Education
5300.01 Staff Qualifications.
A teacher shall meet one of the following sets of requirements:
Have a high school diploma or equivalent, or be twenty-one (21) years of
age; have evidence of satisfactory completion of one (1) course in early
childhood education offered by an institution of higher education -or
approved by the Office; and have nine (9) months, at least half-time
experience, giving care to pre-school age children in a day care center;
OR
Have an Associates or Bachelor's degree in early childhood education or
related fields such as child care, psychology, mental health, child
development, social work or elementary education; have evidence of
satisfactory completion of one (1) course in early childhood education
offered by an institution of higher edudation or approved by the Office;
and have three (3) months, at least half-time, supervised care giving
experience with pre-school age children in a day care center.
In those . centers licensed to accept infants and toddlers, teachers
meeting paragraph (b)(0 above shall have at least six (6) months of their
experience providing care to infants or toddlers in a day care center or
registered family day care home. Teachers meeting paragraph (b)(ii)
above shall have at least three (3) months at least half-time experience
providing care for infants or toddlers in a day care center or registered
family day care home.
0
Teaching assistants, either paid or volunteer, shall be at least sixteen years of
age and shall work under the direct supervision of a teacher or head teacher at
all times.
29
330
DAY CARE CENTERS
MASSACHUSETTS
514.
Emsteric_e
5300.01 Staff Qualifications.
The licensee shall employ head teachers, teachers, consulting resource
teachers, and teaching assistants who by prior education, training, experience'
and interest in early childhood-education are appropriate to meet the nee& of
the children in care.
See also 513.1' Education
520.
PROGRAM DIRECTOR QUALIFICATIONS
521.
Age
See 523. Education
522.
Health
See 512. Health
523.
Education
5300.01 Staff Qualifications.
A head teacher shall meet one of the following sets of requirements:
Be at least twenty-one years of 'age; have a high school diploma or
equivalent; have evidence of satisfactory completion of (4) courses in
early childhood education offered by an accredited institution of higher
education or approved by the Office; and have thirty-six (36) months at
least half-time experience giving care to pre-school age children in a
day care center; OR
Have an Associates degree in early childhood education or related field
such as child care, psychology, mental health, child development, social
work or elementary education, and have evidence of satisfactory
completion of four (4) courses in early childhood, education offered by
an institution of higher education or approved by the Office and have
twenty-seven (27) months, at 161ist half-time experience giving care to
pre-school age children in a ,cia'y, care cenrj OR
0
DAY CARE CENTERS
MASSACHUSETTS
Have a Bachelor's degree, or advanced degree, in early childhood
education or related fields such as' child care, psychology, mental
health, child development, soda work or elementary education, and
have evidence of satisfactory completion of four (4) courses in early
childhood education offered by an institution of higher education or
approved by the Office, and have eighteen
(18) months, at least
half-time experience, giving care to pre-school aged children in a day
care center.
In those centers licensed to accept infants and toddlers, the head
teacher, meeting either (0, (ii), or (iii) above shall have at least nine
months of their experience in providing care for infants or toddlers in a
day care center or registered family day care setting.
524.
Eerience
See 523. Education
530.
SUPPORT STAFF QUALIFICATIONS
Not specified
540.
POST EMPLOY ENT N- ERVICE: ORIENTATION AND TRAINING
541.
Program Director
See 542. Child Caregiver Staff
542.
Child Caregiver Staff
3300.07 Staff Orientation.
The licensee shall provide orientation for all new staff to acquaint them with
the center's philosophy, organization, program, practices, and goals.
The
licensee shall describe, in writing, the center's plan for staff orientation.
31
DAY CARE CENTERS
MASSACHUSETTS
S300.08 Staff Traini
The licensee shall provide ongoing training programs, including participation
by teaching staff in two (2) hours of training per month. The licensee shall
describe, in writing, the center's plan for staff training.
The licensee shall describe, in writing, its arrangements with any professional
training program, including a description of student intern responsibilities and
the supervision of student interns by the college and the center.
543.
Support Staff
5300.09 Volunteers.
Volunteers shall be chosen for their ability to meet the needs of the children in
care and shall be provided appropriate orientation, training and supervision.
600. PROGRAM OF AOTIVITIESLINCLUOINO EDUCATION
610.
PROGRAM REQUIREMENTS
611.
Program of Activities
5401.01 Required Plan.
The licensee shall establish a written plan describing the various activities of
the center for a typical week which shall be posted in a place which can be
easily viewed by staff and visitors. Such plan shall indicate time for the
following activities, for all children, infants and/or toddlers:
Snacks and meals;
Rest, sleep or quiet activity;
Toileting;
Outdoor play;
Indoor activities;
32
DAY CARE CENTERS
MASSACHUSETTS
Field trips, if any;
Time in-and out of the crib for infants, individual feeding, sleeping
washing schedules.
54aLn7 Requirements for Activities.
The licensee shall provide a well balanced program that supports the
developmental needs of all children served. The licensee, shall provide the
following:
Reasonable regularity in rou ne, with sufficient flexibility to respond
to the needs of individual children;
Opportunity ,for a child to Have a free choice among a variety of
activilies or to play alone or with one or several chosen peers if desired
for at lelt two periods a day, for full day centers; and one period of a
day, for half day centers;
Daily indoor and outdoor time periods, weather permitting, which
include both small and large muscle activities;
Opportunities for the child to participate in a variety of creative
activities, such as art, music, literature, dramatic play and science;
Provision for privacy through arranging a small, quiet area that
is
inviting to children and is easily accessible to the child who seeks or
needs time alone;
Experiences which are in harmony with the life style and cultural
background of the
children enrolled.
Cultural diversity shall
be
reflected
through the incorporation of different language
foods,
celebrations, activities and life styles where appropriate;
Opportunity for infants and toddlers to crawl1freely for the major part
of the day, with certain times specifi
or individual talking to,
handling, and playing with by, the assigned teacher;
33
DAY CARE CENTERS
MASSACHUSETT S
Opportunities for all children to learn self-help skills such as dressing
and
undressi
buttoning, tying shoes and
using
eating utensils
appropriately.
5401.03 Prohibition of Gendril Housekeeping Activities.
Routine, major housekeeping, activities such as vacuuming, washing floors,
windows, etc. shall not be carried on in en
oom while it is occupied by the
,
children.
'612.
Program Equipment and wialgy2Ls-
p
S504.01 Varieties of Equipment.
The licensee shall have sufficient play materials, equipment and furnishings
for the children enrolled at any one time. The licensee shall ,provide an
adequate
variety
of
play
materials
and
equipment
which
shall
be
representative of each category listed below:
Art supplies: paint (tempera, poster, finger), easel, crayons, blunt
scissors, paste, clay, and collage materials;
Blocks and accessories: large and small blocks, boats, cars, planes,
trains, figures of people, and animals of various sizes;
and posters: picture and story books, flannel boards;
Dramatic
play
area:
beds,
dolls,
telephones,
toy
stoves,
sink,
refrigerator, cabinets, table, chairs, dishes, pots, pans, ironing board,
iron, cleaning equipment, broom, dress-up clothes (both men's and
women's), large mirror placed at child's level, puppets, and materials
for costumes;
Large muscle equipment: boxes, boards, saw horses, barrels, climbers,
/
ladders, workbench, sand, water, wheel toys, swings, slides, balls;
D lY. CARE CENT RS
MASSACHUSETTS
Manipulative toys: pets, beads, lbtto puzzles, pounding
small
building sets;
Musical equipment: piano, records and record playir, drums, cymbals,
bells, rhythm sticks;
Science materials: aquarium with fish, non-poisonous seeds and flower
pots, growing plants, gardehing tools, dry batteries, magnets; compass,
thermometer, rope and pulleys, magnifying glass;
For centers accepting infants, the licensee shall provide materials such
as rattles, stuffed animals, mobiles and crib decorations.
5504.02 Requirements for Equipment.
Some materials and equipment shall be visible and readily accessible to the
children in care and shall be arranged so that children may select, remove and
replace the materials either independently or with minimum assistance.
The licensee shall pKivide equipment which, reflects the racial and ethnic
composition of the children enrolled.
613.
Nap Provision
S409.01 Rest or Quiet Activity Period.
The licensee shall provide for a mid-session rest or quieAt activity period in
programs where children are in care for less than four hours. The length of
the rest or quiet activity period shall be appropriate to the needs of the
children.
5409.02 Extended Rest, Quiet Activity or Sleep Period.
The licensee shall, in addition to the mid-session rest or quiet activity period,
provide for extended rest, quiet activity or sleep to' children in care for longer
than four hours. The length of this period shall be
35
DAY CARE CENTERS
MASSA cji USETTS
appropriate to the need's of the, children, but in no case shall it be less than
forty-five (45) minutes. Children shall be allowed the amount of rest, quiet
activity or sleep needed.
5409.03 Requirement for Extended Rest or Sleep Periods.
The licensee shall provide the following during rest or sleep periods:
An area which is designated to minimize noise and disturbance;
A separate mat, cot or bed, and blanket for each child;
A crib for each infant under twelve months of age;
No use of restraints on children while sleeping, but use of`hospitai crib
nets is perTitted;
Cots, mats, blankets and sheets utilized must be individually marked
and in good repair and clean;
Pillows shall not be given to infants.
5409.04 Space and Sleeping or Rest Area.
The license. shall arrange a sleeping or rest area which is large enough to
maintain a minimum of two feet between each crib, bed, cot or mat on all
sides except where in contact with a wall or partition. The licensee shall
arrange the sleeping area in such a way that children are easily accessible
during an emergency.
614.
Discipline and Guidance
3405.01 Requirements for Discipline.
Discipline and guidance shall be conSistent and based on an understanding of
the individual needs and development -of a child. The licensee shall direct
discipline to the goal of ,maximizing the growth and development of the
children and for protecting the group and individuals within it
jt.
36 33
DAY CARE CENTERS
MASSACHUSETTS
Corporal punishment shall not be used, including spanking.
No child shall be subjected to cruel or severe punishment, hurniliat
or verbal abuse.
No child shall be denied food
a form of punishment.
No child shall be punished for
etting or not using the toilet.
700. HEALTH AND SAFETY
710.
HEALTH
711.
General Health Requirements
54012.02 Health Care Consultant.
The licensee shall have either a physician, a public" health nurse, a registered
nurse, or health clinic director who shall approve and aid in developing health`
care policies for the center, shall approve the plan for first aid training of
staff, avid shall be available for consultations.
712.
Heal
S400.04 Required Medical Examinations.
The liceAsee shall admit a child only if provided with a written statement from
a physician which indicates that the child has Thad a complete physical
examination within one year prior to each year's enrollment, or obtains one
within one month of admission, and the results of such an examination; or
obtains a written verification from the child's parent(s) that they object to
such an examination on the grounds that it conflicts with their religious beliefs.
The licensee shall inform parents of the dangers of lead paint poisoning and
shall recommend that parents have their children tested for lead paint
poisoning by a physician or appropriate clinic.
37
DAY CARE CENTERS
MASSACHUSETTS
The licensee of a center operating on a provisional license due to the detection
of lead paint in the center shall assure that each Child has a blood test for lead
paint poisoning by a physician or appropriate
clinic or obtain written
verification from the child's parent(s) that they object to such a test on the
_ grounds that it conflicts with their religious beliefs or a physician's statement
that such a procedure is contra-indicated.
5402.05 Examination for Children.
The licensee shall request that the parent(s) provide a -dental check-up or
check of vision and hearing when the appearance or behavior of"the child
clearly indicates the need for such examinations.
713.
Immunizations
5400.05 Age Appropriate Immunizations.
The licensee shall require,1 at admission, a physician's certificate that each
child has been successf
y immunized in accordance with the current
Department of Public i4
th's recommended schedules against diphtheria;
tetanus, pertussis (whooping cough), poliomyelitis, measles and such other
communicable diseases as may be specified from time to time by the Office.
No ° child
shall
be
required,
under
this
regulation,
to
have
any
such
immunization if his parent(s) objects thereto, in writing, on the grounds that it
conflicts with their religious beliefs
or if the child's physician sits
documentation that such a procedure is contra= indicated.
714,
Sanitation
5403.01 Written Plan.
,
The licenE -2.c shall have a written plan describing the procedures for regular
toileting and diapering of children, and for disposal or cleaning of soiled
clothing, diapers, linen and blankets.
DAY CARE CENTERS
MASSACHUSETTS
5403.02 Toileting.
The licensee shall toilet train children in accordance with the requests of their-
parents and consistent with the child's physic
and emotional abilities.
5403.03 Diapering.
The licensee shall charige the diapers of children regularly and when soiled or
wet and shall wash and dry each child with individual washing materials during
each diaper change.
The licensee shall maintain a supply of clean, dry diapers adqquate to
meet the needs of the children.
The licensee shall use a disposable covering on the changing surface
which shall be changed after each use.
5404.01 Extra Clothing; Changing of Soiled or Wet Clothing.
The licensee shall keep on hand extra clean and dry indoor and outdoor
clothing to change a child's clothing which becomes soiled or wet.
5404.02 Storage of Soiled or Wet Clothing.
The licensee shall store soiled clothing or diapers which are a potential health
hazard in a covered,
water-proof container unless they can be sanitized
immediately after removal from the child.
S408.04 Drinking Water and Cups.
The licensee shall provide a source of sanitary drinking water located in or
convenient to rooms occupiedky children. When, non-disposable cups are used
for drinking water, they shall be washed and sanitized after each use
715.
Daily Illness Screening
Not specified
39
34u
DAY CARE CENTERS
IVIASSACHUSETTS
716.
Care of Sick Children
5402.03 Fit Aid and Preventative Health Care Procedures.
The licensee shall maintain a quiet area for mildly ill children.
The licensee shall not admit a child or staff member to the center who has a
diagnosed communicable disease, during that time when it is communicable,
and shall notify all parents when any communicable disease, such as measles or
mumps, has been introduced into the center.
717.
Medication and Special Diet Provisions
5402.04 Administration of Medication.
The licensee shall not administer prescription or non-prescription medication
to a child without the written order of
El physician (which may include the
Jebel on the medication) which indicates the medication is for the specific
ch Dd.
No medication, whether prescription or non-prescription, shall be
administered to a -blind without written parental authorization.
The licensee shall keep a written record of the administration of
prescribed medication to children which includes the time and date of
each administration, the name of the staff member administering the
medication, and the name of the child.
The licensee Shall keep all medicine labeled with the child's name, the
name of the drug and the directions for its administration and shall
dispose of, or return to the parent(s), any unused medication.
40
DAY CARE CENTERS
MASSACHUSETTS
5406.06 Special Diets.
The licensee shall follow parental or physician's orders in preparation or
feeding of special diets to children and shall follow the directions of the
parents in regards to any food allergies of a child or where vitamin
supplements are required.
718.
Waiver of Health Requirements
See 954. Health Assessments and 955. Immunizations
720.
SAFETY
721.
9. en er:ti.._sfqEltmL.iir
ent s
5402.03 First Aid and Preventative Health Care Procedures..
The licensee shall keep all toxic substances, medications sharp' objects and
matches in a secure place out of the reach of the children.
722.
Fire Safety Requirements
5504.04 Fire Drills.
c?
.
I
The licensee shall hold fire drills in accordance with procedures required in
Section 402.01(g) at least twice per year.
5504.05 Smoking in Classrooms.
The licensee shall not permit smoking in classrooms during hours, that children
are in attendance.
723.
Transportation
5503.01 Written Plan.
The licensee shall describe, in writing, any plans for transportation of children,
including
the
names "'of
persons
authorized
to
transport
children
and
transportation of children in an emergency.
41
342
DAY CARE CENTERS
MASSACHUSETTS
5503.02 Vehicle and Driver Requirements.
The licensee shall provide that any vehicle used for tran§portation of more
than nine children, at any one time, and the driver thereof shall, conform to
Massachusetts school bus requirements as contained in the pertinent sections
of Chapter 90 of the General Laws and the "Rules and Regulkions Establishing
Minimum Standards for the Construction and Equipment of School Buses,"
Registry of Motor Vehicles.
The licensee shall provide that any vehicle used for the transportation of eight
or nine children, at any one time, and the drivers thereof, shall conform to
Massachusetts school bus requirements as contained in Section 7D of Chapter
90 of the General Laws.
The licensee shall provide that station wagons, sedans, vans or other private or
hired vehicles used for transporting seven or fewer persons, exclusive of the
driver, shall be registered in accordance with the laws of the Commonwealth
if transportation thereby is paid for directly or indirectly by parents, guardians
or custodians of the children, and shall conform to the requirements for school
bus signs as contained in Section 7B(1) of Chapter 90.
The operator of any vehicle transporting children shall be licensed
in
accordance with the laws of the state, and any vehicle used for transportation
of children shall be bi-annually inspected in accordance with the laws of the
state.
5503.03 Insurance.
The licensee shall use no center-owned or staff member's vehicle to transport
children unless it has the following minimum amounts of liability insurance:
Injury per person, $100,000;
Injury per accident $300,000:
Property damage, $5,000.
42
DAY CARE CENTERS
IVIIASSACHUSETTS
S503.04 Transportation Safety.
The licensee shall not allow the number of children riding in a center-owned,
staff member's vehicle or hired vehicle for a center related activity, to exceed
the number of seats therein at any time. The driver shall not drive vehicles t
unless all children are seated.
Suitable safety carriers, restraint's or seat belts shall be provided for
and utilized by each child, driver and attendant. All car restraints shall
meet the 1975 Standards of Physicians for Automotive Safety or
Consumer Union guidelines and shall be crash tested and child approved.
When more than nine chiliken are being
ansported, an attendant other
than the driver is required.
When transporting children, sharp, heavy or potentially dangerous
objects shall not be transported, or shall be securely restrained.
The licensee shall ascertain the nature of any need or problem of a
child which may cause difficulty during transporting such as seizures, a
tendency
towards
motion
sickness
and
disabilities
and
shall
communicate such
information
to
the
operator
of .. any
vehicle
transporting children.
Children shall be released by the driver of the vehicle only to
designated persons authorized by the children's parent(s) to receive such
children.
Children shall not be regularly transported for periods longer than
forty-five (45) minutes one way between their home -and the location of
the center.
43
344
DAY CARE CENTERS
MASSACHUSETTS
724.
Safety Requirements far_E
_ment
$504.02 Requirements for Equipment.
The licensee shall only use equipment, materials, furnishings, toys, and games
which are appropriate to the needs and developmental level of the child. They
must be sturdy, safely constructed, flame retardant, easily cleaned, and free
from lead paint, protruding nails, rust, and other hazards which may be
dangerous to chiloken.
The licensee shall not use any item in the center which is listed on the
"Banned Products Lists" published by the United States Consumer
Product Safety Commission.
The licensee shall keep all equipment, materiE
games clean and in a safe, workable condition.
725.
Water Activities (Including Swimming)
Not specified
726.
Emergency Procedures
furnishings, toys, and
5402.01 Health Care Policy.
The licensee shall have a written health care policy statement which is
provided to each staff member and is posted near a telephone which will be
used for making emergency calls. The health care policy shall be approved by
the health care consultant, required under Section 402.02. The statement shall
include:
The name, address and telephone number of the physician or registered
nurse available for emergencies and consultations;
The telephone number of the fire department, police station, poison
prevention center, and ambulance service serving the center;
The name and telephone number of any hospital where children will be
taken in emergencies;
44
345
DAY CARE CENTERS
MASSACHUSETTS
The procedures to be followed in case of illness or emergency, including
transportation methods and notification of parent;
"'-
The p
edures to be followed in case of illness or emergency, when
parent(s) cannot be reached;
The procedures for using first aid equipment;
The procedures to be followed in the event of fire or other emergency,
including provision that cribs utilized for children are of a -size to fit
through exit doors to the outside.
A plan for dispensing medications including the recording of any
administration of prescribed medication;
A plan for the care of
ildly ill children at the center;
The procedure
for
identifying
children's
allergies
and
protecting
chicken from exposure to foods, chemicals or other materials to which
they are allergic;
The procedure for reporting suspected child
Department of Public Welfare.
or neglect to the
§402.03 First Aid and Preventative Health Care Procedures.
The licensee shall train all staff in approved emergency first aid procedures,
including mouth to mouth resuscitation, treatment of convulsions, and choking.
The licensee shall ineorm parents of any first aid administered to their child
and shall immediately inform them of any injury or illness which required care
other than first aid.
45
DAY CARE CENTERS
MASSACHUSETTS
727.
First Aid Supplies
5402.03 First Aid and Preventative Health Care Procedures.
The licensee shall maintain, adequate first aid supplies, including, but not
limited to, bandaids, gauze, adhesive tape, hydrogen peroxide or other cleaning
solution and an antiseptic cream, liquid or spray. The licensee- shall store
them in a secure place, out of the reach 6f children.
800. NUTRITION AND FOOD SERVICE
810.
NUTRITION
811.
Nutritional Requirements
5406.02 Meal Schedules.
The licensee shall provide regular, nutritional mid-morning or mid-afternoon
snacks for children in care for less than four hours, and shall regularly
schedule meals, in addition to snacks, for children in care four hours or longer.
5406.03 Requirements When Parents Send Meals.
The licensee shall provide to parents, in writing
a list of nutritious items
which should go into a bag lunch when parents are required to provide meals.
The licensee shall have a method for providing a nutritious meal, in
accordance with Section 406.04, to a child whose parents fail to send a bag
lunch.
5406.04 Nutritional Requirements.
The licensee shall provide for the nutritional needs of children in accordance
with the "Food and Nutrition Board, National Academy of Sciences National
Research Council, Recommended Dietary Allowances" when the licensee
provides meals as follows:
For children in care between four and nine hours, one-third to one-half
of their nutrition ffl needs in one regular meal (other than breakfast) and
one or more snacks;
46
DAY CARE CENTERS
MASSACHUSETTS
For children
in care more than nine hours, two-thirds of their
nutritional needs in two meals and two or more snacks.
812.
Waiver of Requirements_
Not specified
820.
FOOD PREPARATION
82L
Food Preparation and Service Requirements
§406.01 Written Menus.
The licensee shall prepare written menus for each week and shall maintain
copies of menu plans for typical weeks if the licensee provides meals. The
licensee shall post menus weekly and keep previous menus on file.
§406.07 Designated Person.
The licensee shall designate one person to be responsible for the food program
of the center.
§406.08 Requirements for Food Preparation and Service.
The licensee shall store, prepare and serve all food and beverages-in a manner
as to be clean, wholesome, free from spoilage and safe for human consumption.
The licensee shall provide refrigeration and storage for food at 4lot less
than thirty-two (32) degre
fahrenheit, or more than forty-five (45)
degrees fahrenheit for food
uiring refrigeration.
The licensee shall store all food in clean, covered containers.
The licensee shall properly wash and sanitize all bottles, utensils and
dishes.
47
Z.4
DAY CARE CENTERS
MASSACHUSETTS
The licensee shall dispose of milk, formula or food unfinished by a child.
The licensee shall prepare tasteful meals and in a manner which makes
them appetizing.
§406.09 Requirements for Feeding of Children.
The licensee shall allow children to eat at a reasonable, leisurely rate and shall
insure that each child receives an adequate amount and variety of food.
L
No child shall be denied a meal
reason other than written
medical direction.
The licensee shall encourage children to eat a well balanced diet, but no
child shall be forced or otherwise coerced to eat against his will.
§407.01 Required Barrier to Kitchen.
The licensee shall provide a barrier, such as a door or gate, which prevents
children's access to the kitchen while unsupervised.
§407.02 Required Maintenance.
The kitchen shall be
maintained ",in a sanitary condition and garbage
receptacles used in the kitchen shall be emptied and cleaned daily.
§408.01 Dining
oom or Areas.
The licensee shall maintain dining rooms or areas which are sufficiently large
to accommodate tables and seats for persons eating rin an uncrowded 'tanner,
and shall be clean, well lighted and ventilated.
`48
DAY CARE CENTERS
MASSACHUSETTS
S408.02 Dining Furniture.
The licensee shall provide tables and seats for use by children while dining
which are of a type, size and design appropriate to the ages and needs of the
children. When feeding tables or high chairs are used, they shall be designed
to prevent children from falling or slipping.
3408.03 Dining Utensils.
The licensee shall provide eating and drinking utensils which are appropriate to
the age and needs of the children.
Eat
g and drinking utensils shall be free frtim defects, cracks and chips.
Disposable cups and plates may be used, but if plastic silverware is
used, it shall be heavy duty and dishwasher proof.
All reusable eating and drinking utensils shall be thoroughly washed and
sanitized before reuse.
900. SOCIAL SERVICES
3410.01 Written Plan.
The licensee shall have a written plan describing procedures for referring
parents to appropriate social, mental health and medical services for their
child should the center staff feel that such additional services would benefit
the child.
3410.02 Record of Referral.
The licensee shall maintain a written re of
any such referral and the
results.
49
35
DAY CARE CENTERS
MASSA'
U. FTTS
S4 0.03 Termination.
When any child is terminated from the center, initiated blithe center or the
parenVs), the licensee shall prepare the child for termination from the center
in a manner consistent with the child's ability to understand; and shall provide
information and referrals for other services to the parents upon the request of
parents. The licensee shall inform parents of the availability of information
and referral should the parent wish to request it.
1000. PARENT PARTICIPATION
§203.01 Parent Visi
The licensee shall permit and encourage
child's room while their child is present.
§203.02 Parent Input.
The licensee shall have a procedure
ents to visit the center and their
r allowing parental input in the
development of center policy and programs. The licensee
shall provide, an
explanation to the parent(s) when a parent(s) makes suggestions as to the
program or policy of a center and the suggestions are not adopted by the
licensee. If the ilarent requests a written response, the licensee shall respond
in writing to the parent.
$203.03 Reports to Parents.
The licensee shall, periodically but at least every six (6) Months, prepare a
written progress report
of the participation of each child in the center's
program. This report shall be maintained in the childs records. The licensee
shall provide a copy of each report to the parent(s) or meet with them at- least
every six (6) months to discuss their child's activities and participation in the
.1
center. In addition:
For infants under fifteen months of age, the licensee shall complete a
written progress report of the child's development every three (3)
months, and provide it to the parent(s).
50
3
DAY CARE CENTERS
MASSACl USETTS
The licensee shall bring special problems or significant developments,
particularly as they regard infants, to the !parent's attention as soon as
they arise.
5203.04 Parent Conferences.
The licensee shall make the staff available for individual conferences with
parents at parental request.
5203.05 Notification to Parents.
The 'licensee shall notify all parents, in writing, of the provisi0t
in Sections
203.01 through 203.04 at the time of the admission interview.
1100. INFANT AND TODDLERS
1110.
PROGRAM OF ACTIVITIES
5301.02 Infants: Staff Ratios and Groupings.
The licensee shall not have infants in groups lat
than seven;
The licensee shall have assigned, at all times, one teacher for the first three
infants and an additional teacher or teaching assistant for four to seven
infants;
At least one of the persons assigned to a group under this section for the care
of infants shall meet the requirements for a teacher;
The licensee shall not have groups which mix infants with children two years,
nine months or older.
§301.03 Toddlers: Starf Ratios and Groupings.
The licensee shall not have toddlers in groups larger than nine;
51
.DAY CARE CENTERS
MASSACHUSETTS
The licensee shall have assigned, at all times, one teacher for the first four
toddlers and an additional teacher or teaching assistant for five to nine
toddlers;
At least one of the persons assigned to a group under this section shall meet
the qualifications for a teacher.
3301.04 .Toddlers: Staff Ratios in Older Age Mixed Groupings.
When toddlers are in groups/ with children aged two years, nine months or
olr, the licensee shall provide:
A staff/child ratio not less than one staff person for each five children;
Groups no larger h n nine children;
At least one person assigned to the group, at all times, who meets the
qualifications for a teacher.
S301.05 Infants and Toddlers: Staff Ratios in Mixed Groupings?
When infants and toddlers are grouped together, the licensee shall provide.
Groups no larger than nine;
ore than three infants in the mixed group;
One teacher shall be assigned for the first three infants and toddle
and an additional teacher or teaching assistant for four to nine children;
At least one of the persons assignned under this section shall meet the
qualifications for a teacher.
1120.
HEALTH AND SAFETY REQUIREM
Not specified
52
DAY CARE CENTERS
1130.
INFANT NITTRITION
MASSACHUSETTS
5406.05 Requirements for Infants and Toddlers.
Infants and toddlers shall be fed according to their individual feeding schedules
or needs.
4
When not mature enough to sit in an eating table or hiFrh chair, infants shall be
held while fed.
When not mature enough to sit at a table, infants and toddlers shall
high chairs or eating tables.
in
The licensee shall prepare formulas at the center according to the written plan
of each child's pareU(s), or if there is no plan, they shall use prepared,
pre-sterilized formulas.
1200. CHILDREN WITH HANDICAPPING CONDITIONS
1210.
FROG RAM OF ACTIVITIES
5400.07 Identification of Children With Special Needs and Development of an
Individual Program Plan.
Where the results of the meeting conducted pursuant to Sdction 400.06 and the
observation of the child's behavior in the center indicate a reasonable
likelihood that a child has a special need, the licensee shall:
If the child is at least three years of aqe, inform the parent(s) of his/her
rights and at the request of the chills parent(s) refer the child to the
appropriate administrator of special education.
DAY CARE CENTERS
MASSACHUSETTS
If a child is under three years of age or has not been evaluated,
evaluate with thtp_consent of the parent(s) the needs of said child and
develop an individual program plan based on the evaluation.
Such
program plan shall be developed by a team which includes those
personnel of the ecnter who will be responsible for implementing the
program plan on a daily basis the consulting resource teacher; the
childs parent(s); and, where appropriate, any necessary consultant(s).
The plan shall be developed within foie (4) weeks of admission of the
child to the center or within four (4) weeks of the identification of the
child as having special needs. The plan shall be sived by the consulting
resource teacher and the parentW prior to implementation. If the
parent does not approve its implementation, such disapproval will be
signed by the parent and placed in the childs record.
1220. HEALTH AND SAFETY RE
mot specified
Jv
1230. STAFFING
§30110 Special Needs Children Ste f Ratios and Groupings.
For children with special needs,
licensee shall meet the specifications of
the child's individual program plan for the number of staff and group size in
which the child participates.
Ll
When eight or more children who have been identified, either through the core
evaluation process or by the licensee, as having special needs are enrolled in
the center, the licensee shall have a consulting resource teacher at least half
time.
This person's responsibilities shall include, but not be limited to,
working directly with individual children, training and supervising teachers,
coordinating special therapy sessions, worldng with parents, and preparation of
written reports and records for all special needs children. The consulting
resource teacher may delegate these responsibilities to other specialists or
staff persons.
3
54
DAY CARE CENTERS
MASSACHUSETTS
When sixteen children who have been identified, either through the core
evaluation process or by the licensee, as having special needs are enrolled in
the center, the licensee shall have a full-time consulting resource Aeacher.
The
licensee
shall,
with
parental
permission,
inform
the
appropriate
administrator of special education, in writing, that the licensee is serving a
special needs child in order that the school may plan for an appropriate
program for the child when he reaches school age.
S400.08 Content of Individual Plan.
The individual program plan required under Section 400.07 shall be in writing.
The plan shall identify the specific service(s) required to meet the needs of the
child and any change or limitations in his participation in regular center
activities. Specific service(s), where appropriate, shall include, but not be
limited to:
Physical therapy;
Speech and language therapy;
Psychological services;
Psychiatric services;
Educational services;
Social services;
Occupational therapy.
The plan shall describe the method
provided, including:
Who will provide the service;
Where the service will be provided;
Schedule for provision of the service;
which the above services will be
Any special equipment, materials, ramps or aids required by the child.
In addition, the plan shall recommend the size of group to which the Child may
be assigned and the appropriate staff/child ratio required for such group.
5
DAY CARE CENTERS
MASSA CR USET'rS
S HOOL At
CHM DREN
1310.
PROGRAM OF ACTIVITIES
Not specified
o.
HEALTH AND SAFETY REQUIREMENTS
Not specified
1400. FA CHAT Y REt
REQUIRE ME NTS
1410.
-SPACE
3501.01 Indoor Space.
The licensee shall have a minimum of thirty-five (36) square feet of ae ivity
space per child, exclusive of hallways, lockers, wash and toilet rooms, isolation
rooms, kitchens, closets, offices or areas regularly used for other purposes and
shall meet the following requirements:
There shall be designated space, separate from children's play or rest
areas, for administrative duties and staff or oarent(s) conferences;
There shall be sufficient space, accessible to children, for each child to
store clothing and other personal items.
The interior of the building shall he clean and maintained free from
rodents and/or insects. Safe and effective means of eliminating insects
and/or rodents shall be provided. All extensive extermination shall be
carried out by a licensed exterminator.
The licensee shall provide suitable guards across the inside of windows
above the first floor if the windows are accessible to children and
across the outside of basement windows abutting outdoor play areas
used by children.
56
DAY CARE CEN
n4 A SSA CH USETTS
S501.02 special Requirements for Infants.
The licensee shall not care for infants above the first floor.
Areas where
infants are cared for shall be accessible to ground level for purposes of
evacuation.
5501.03 Outdoor Space.
The licensee shall maintain, or have access to, an outdoor play area of at least
seventy-five (75) square feet per child using it at any one time. The average
width of such a play area shall not be less than eight feet and shall conform to
the following requirements:
Some part of the outdoor play area shall be accessible to direct sunlight;
It shall be free from hazards (i.e., hidden corners, unprotected pools,
wells, cesspools and steps), poisonous plants (i.e., poison oak or ivy), and
dangerous machinery or tools;
shall be fenced with a non-climbable barrier at least four (4) feet
high if any part of the area is adjacent to a highway, an a roof, a porch,
or other dangerous area;
It shall not be covered with a dangerously harsh or abrasive material
and the ground area under swings, slides, jungle gyms, seesaws, etc.
shall not be paved or shall be covered by mats.
1420.
LIGHTING, VENTILATION, AND TEMPERATURE
55 01.01 Indoor Space.
Floors of rooms used by children shall be clean, unsliopery, smooth and free
from cracks, splinters and sharp or protruding objects and other safety
hazards; and those floors in direct contact with the ground shall have flooring
impenetrable to water;
57
353
DAY CARE CENTERS
M ASSA CH USETTS
Ceilings and wales shall be maintained in Rood repair, and shall
Em and
free from sharp or protruding objects and other safety hazarr.
All steam and hot water pies and radiators shall be protected by permanent
screens, guards, insulations or any other suitable device which prevents
children from co
contact with them.
All electrical outlets which are within the reach of children shall be covered
with a safety device when not in use.
Room temperature in rooms occupied by children shall be maintained at not
less than-sixty-five (R5)-degrees Pahrenheitat zero dem-ees-fahrenheit outside;
and at not more than the outside temperature when the outside temperature is
above eighty (80) degrees. Fahrenheit (measined at two feet from the outside
walls and twenty inches above floor level).
143 0.
EXITS
Not specified
1440.
TOILETS AND LAVATORIES
§502.01 Toilets and Washbasins.
The licensee shall maintain one toilet and washbasin for every twenty (20)
children in one or more well ventilated bathrooms.
When adult toilets and washbasins are used, the I censee shall provide
non-tippable stairs to permit access by those children who are able to
use them.
In addition to toilet'', portable "potty chairs" may be utilized in the
bathroom or separate room for children unable to use toilets.
DAY CARE CE
MASSACHUSETTS
If cloth
clotlri diapers are used, a flush sink or toilet for riming diapers and a
hand washing facility must be provided convenient to the diaper
changing area.
Special handrails or other aids shall be provided if required by s
needs children.
5502.02 Water Temperature.
The licensee shall provide both hot and cold running water in washbasin and
for water used by children. There shall be a temperature control to maintain a
hot water temperature at no more than one hundred twenty G20) degrees
Fahrenhe
1500. OTHER STATE REQUIREMENTS - COMPLIANCE WITH OTHER LOCAL,
STATE, AND REGIONAL LAWS AND REGULATIONS
1510.
ZONING
Not specified
152n.
FIRE
Not specified
1530.
BUILDING
3500.01 Safetylnspection.
The licensee shall have a certificate of imction from the Department of
Public Safety or the local building irspector.
1540.
HEALTH
§500.132 Health Inspection.
The licensee shall provide evidence of inspection from
the local health
department and compliance with Article X of the State Sanitary Code, if the
center provides hot meals for thirteen 03) or more children.
3qV
DAY CARE CENTERS
SSACHUSETTs
The licensee shall provide evidence that any private well or water source has
been inspected and approved by the local board of health, health department,
or private laboratory.
5500.03 Lead Paint Requirement and Lead Paint Inspection.
The licensee shall assure that paint used in the center is lead free.
The licensee shall obtain a lead paint inspection from the local board of
health, or the state Department of Health, or private lead paint
detection service. If lead is found to be present, the licensee shall
totally remove or otherwise make inaccessible all paint or plaster
containing lead on any chewable surface, our feet from the bottom of
interior or exterior surfaces. Such chewable surfaces include, but are
not limited to, window sill; windows, including moldings; door frames;
doors stair rail spindles stair treads from the lip to the riser on hottom
and four inches back from the lip on the top of the tread; and porch
railings.
The licensee shall, in addition, remove and adequately cover any
chipping, flakinp. or otherwise loose paint or plaster found to contain
ledd.
1550.
SANITATION
See 1540. HEAITH
1560. NEW CONSTRUCTION
Not specified
361
DAY CARE CENTERS
MICHIGAN
Except where otherwise noted, all citations are to the Licensing Rules for
Child Centers, State of Michigan Department of Social Services, June, 1980.
100. STATE LICENSING OF CHILD DAY CARE FACILITIES
110.
TYPES OF FACILITIES SUBJECT TO LICENSURE AS DEFINED BY
STATE STATUTES AND REGULATIONS AND/OR LOCAL ORDINANCES AND
REGULATIONS
111.
Definitions
MICH. COMP. LAW §722.111 Definitions.
"Child
care
organization"
means
-a
governmental
or
nongovernmental
organization having as its principal function the receiving of minor children
for
care,
maintenance,
training,
and supervision,
notwithstanding
that
educational
instruction may be given. Child care
organization
includes
organizations commonly described as child caring institutions, child placing
agencies, children's camps, child care centers, day care centers, nursery
schools, parent cooperative preschools, foster homes, group homes, or day care
homes.
"Child care center" or "day care center" means a facility, other than a private
residence, receiving more than 6 preschool or school age children for group
care for periods of less than 24 hours a day, -and where the parents or
guardians are not immediately available to the child. Child care center or day
care center includes a facility which provides care for not less than 2
consecutive weeks, regardless of the number of hours of care per day. The
facility is generally described as a child care center, day care center, day
nursery, nursery school, parent cooperative preschool, play group, or cop-in
center.
DAY CARE CENTERS
MICHIGAN
R 400.5101 Definitions.
"Center" means a child care center or day care center which is a facility other
than a private residence, receiving more than 6 preschool or school age
children for group care for periods of less than 24 hours a day, and where the
parents or guardians are not immediately available to the child.
112.
Exclusions and Exemptions
,R 400.5101 Definitions.
"Center" does not include any of the following:
A Sunday school conducted by a religious institution or a facility
operated by a religious organization where children are cared for during
short periods of time while the person responsible for the children is
attending religious services.
A special education program.
A kindergarten, elementary, or secondary school program operated by a
local or intermediate school district. However, this exemption shall not
apply to a pre - kindergarten program or to a child care center program
for school age children operated by a local or intermediate school
district.
An elementary or secondary school program operated by a nonpublic
school. However, this exemption shall not apply to a pre-kindergarten
program- or a child care center program for school age children
operated by a nonpublic school.
2
DAY CARE CENTERS
MICHIGAN
113.
HHS Day Care Compliance
Not specified
120.
AGENCY RESPONSIBLE FOR LICENSING OF DAY CARE PROGRAMS
121.
Organization of the Administrative Unit
MICHIGAN DEPARTMENT OF
SOCIAL SERVICES
Director
BUREAU OF REGULATORY SERVICES
Director
DIVISION OF CHILD CARE LICENSING
Licensing Staff
Licensing staff housed in the _regions perform the day to day monitoring
functions under the direct supervision of the state/central office staff.
Licenses are issued and revoked at the state/central office level.
DAY CARE CENTERS
All inquiries should
addressed to
Director a Division of Child Care Licensing
Bureau of Regulatory Services
Michigan Department of Social Services
300 South Capitol Avenue
Lansing, Michigan 48909
(517) 373-8300
MICHIGAN
200. LICENSING PROCESS AND ENFORCEMENT PROCEDURES
210.
LICENSING PROCESS
211.
Promulgation,of Regulations
MICH. COMP. LAW S722.112 gu iles; ad hoc committees.
The
department
of
social
services,
hereinafter
referred
to
as
the
"department", is responsible for the development or rules for the care and
protection of children in organizations covered by this act and for the
promulgation of these rules pursuant to Act No. 306 of the Public Acts of 1969,
as amended, sections 24.201 to 24.315 of the Michigan Compiled Laws.
212.
Advisory Body and Other Coinm unity Participation
MICH. COMP. LAW §722.112 Rules; ad hoc committees.
The department shall establish an ad hoc committee for each type of child
care organization as defined in this act when it is formulating or amending
rules under this act. The committee shall consist of not less than 12 members,
and shall include representatives of the following groups and agencies:\----_,
3 61j
DAY CARE CENTERS
MICHIGAN
Department of public health.
Department of state police, fire marshal division and state fire safety
board.
Department of education.
Department of mental health.
Representatives of organizations affected by this act.
Parents of children affected by this act.
220. LICENSING PROCEDURE
221.
Application and Issuance
MICH.
COMP. LAW
§722.113
Inspections;
reports;
evaluations,
final
determination as to license; report to licensee; nature of license.
Inspection reports completed by state agencies, local authorities, and child
placing agencies, shall be furnished to the department and shall become a part
of its evaluation for licensing of organizations covered by this act.
After
careful consideration of the reports and consultation where necessary, the
department shall assume responsibility for the final determination of the
issuance,
denial,
revocation, or provisional nature of licenses
issued
to
nongovernmental organizations. A report of findings shall be furnished to the
licensee. A license shall be issued to a specific person or organization at a
specific location, shall he nontransferable, and shall remain the property of
the department.
DAY CARE CENTERS
MICHIGAN
72 2.115 License required; application; investigation; issuance of license.
A person, partnership, firm corporation, association, or nongovernmental
organization shall not establish or maintain a child care organization, unless
licensed or registered by the department.
Application for a license or
certificate of registration shall be made on forms provided, and in the manner
prescribed, by the department.
Before issuing or renewing a' license, the
department shall investigate the activities and proposed standards of care of
the applicant and shall make an on-site visit of the proposed or established
organization. If satisfied as to the need for a child care organization, its
financial stability, the good- moral character of the applicant, and, that the
services and facilities are conducive to the welfare of the children, the license
shall
b_e issued or renewed.
72 2.118 Regular license.
A regular license shall be effective for 2 =years after the date of issuance
unless revoked pursuant to section 11 or modified to a provisional status based
on evidence of noncompliance with this act or the rules prom ulo.ated under this
act. The license shall be reinstated biennally on application and approval.
222.
Fee Ch
d
Not specified
223.
Areas of Investigation
MICH.
COMP. LAW §722.113
Inspections;
reports;
evaluations;
final
determination as to license; report to licensee; nature of license.
The rules promulgated by the department shall be used by the department of
public health, the fire marshal division of the department of state police, and
local authorities in the inspection of and reporting on child care organizations
covered by this act. The inspection of the health and fire safety of child care
organizations shall be completed by department staff or by the department of
public health, the fire marshal division of the department of state police, local,
authorities upon request of the department, or pursuant to subsection (2).
3
DAY CARE CENTERS.
MICHIGAN
If an inspection is not conducted pursuant to subsection (1), a person owning or
operating or who proposes to own or operate a child care organization may
enter a contract with a local authority or other person qualified to conduct an
inspection pursuant to subsection (1) and pay for that inspection after an
inspection is completed pursuant to this subsection. A person may receive a
provisional
license
if the
proposed
child
care organization
passes
the
inspection, and the other requirements of this act are met.
MICH. COMP. LAW §722.120
Investigations;
examinations;
visitations;
records; reports.
The department may investigate and examine conditions of a child care
organization in which a licensee receives, maintains, or places out children,
and may investigate and examine the books and records of the licensee. The
licensee shall admit members of the department and furnish all reasonable
facilities for thorough examination of its books, records, and reports. The
department of public health, the fire marshal division of the department of
state police, or local authorities, in carrying out the provision of this act, may
visit a child care organization to advise in-matters affecting the health or fire
protection of children.
224.
License Renewal
MICH. COMP. LAW
2.116 Evaluation of local and state government child
care organizations; report; state funds.
Local and
state government
child
care
organizations
similar
to
those
nongovernmental organizations required to be licensed pursuant to this act
shall be evaluated and approved atleast once every 2 years, using this act and
rules promulgated thereunder
foi
similar
nongovernmental organizations
licensed under this act.
DAY CARE CENTERS
MICHIGAN
225.
Conditional/Provisional Lice
MICH. COMP. LAW U22.117 Provisional license.
A provisional license shall be issued to a new organization during the first 6
months of operation. At the end of the 6 months of operation, the department
shall either issue a regular license or renew or refuse to renew the provisional
license as provided in section 11. A provisional license may be issued to a child
care organization which is temporarily unable to conform to the rules.
A
provisio nal license shall expire 6 months fiorn the date of issuance and may be
issued not more than 4 times. The issuance of a provisional license shall be
contingent upon the submission to the department of an acceptable plan to
overcome the deficiency present in the child care organization within the time
limitations of the provisional licensing period.
226.
Substantial Compliance
See 225. Conditional/Provisional Licensee
1- 230.
ENFORCEMENT PROCEDURES
23L
Facility Inspections
MICH. COMP. LAW §722.118 Regular license.
The department shall periodically assess a child care organization's continued
compliance with this act and the roles promulgated under this act.
The
department shall make an on-site evaluation of a child care organization at
least once a year.
232.
Denial, S
ion, Revocation of a License
MICH. COMP. LAW §722.121 Denying, revoking, refusing to renew, etc.
An ORIGINAL license shall not be granted under this act if the issuance of the
license would substantially contribute to an excessive
concentration
of
community residential facilities within a city, village, township, or county of
this state.
36J
DAY CARE CENTERS
MICHIGAN
The department may deny, revoke, or refuse to renew a license or certificate
of registration of a child care organization when the licernee, -registrant, or---
applicant falsifies information on the application or willfully and substantially
violates this act, the rules promulgated under this act, or- tl
terms of the
cense or certificate of registration.
The departrrient may modify to a
drovisional status a license of a child care organization when the licensee
ti
willfully and substantially violates this act, the rules promulgated under this
act, or the terms of the license. A license or a certificate of registration shall
not be 'revoked, a renewal of a license or certificate of registration shall not
be refused, an application for a license or a certificate of registration shall
not be denied, or a regular license shall not be modified to a provisional status
unless the licensee, registrant, or applicant is given notice in writing of the
grounds of the proposed revocation, denial, modification or refusal.
233.
Remedies and Sanctions
23
Hearings
MICH. COMP. LAW' 722.121 Denying, revoking, refusing to renew, etc.
If revocation, denial, modification, or refusal is appealed within 30 days after
receipt of the notice by writing-addressed to the director of the department,
the-director or a designated representative of the director shall conduct a
hearing,at which the licensee, registrant, or applicant may present testimony
and confront witnesses. Notice of the hearing shall be even to the licensee,
registrant, or applicant by personal sere
or delivery to the proper address
by certified mail not less than 2 wee -s before the date of the year. The
decision. of the director, shall be made not more than 30 da,,is after the hearing,
and forwarded to the protesting party by certified mail.not more than 10 days
thereafter. If the pro!posed revocation, denial, modification, or refusal is not
protested, the license or certificate of registration may be revoked or the
application or the renewal of the license or certificate of registration refused.
9
3 7o
DAY CARE CENTERS
MICHIGAN
233.2 Decisions
See 233.1 Hearings
233.3
udicial Review
MICH. COMP. LAW 5722.122 Appeal.
A person aggrieved by the decision of the director following a hearing may,
within 30 days after receipt of -de decision, take an appeal to the circuit court
for the county in which the person resides by filing with the clerk of the court
an affidavit setting forth the substance of the proceedings before the
department and the errors of law upon which the person relies, and serving the
director of the department with a copy of the affidavit. The circuit court
shall have jurisdiction to hear and determine the questions of law involved in
the appeal. If the department prevails, tie circuit court shall affirm the
decision of the department; if the licensee, registrant, or applicant prevails,
the circuit court shall set aside the revocation, or order the issuance or
renewal of the license or certificate of registration.
722.123 Injunction.
When there is a violation of this act or a rule promulgated thereunder, and the
unlawful activity or condition' of the child care organization is likely to result
in serious harm to the children under care, the department may seek injunctive
action against the child care organization
in the circuit court through
proceedings instituted by the attorney general on behalf of the department.
722.125 Violation; penalty; conviction as ground for revocation of license.
A person, child care organization, agency, or representative err officer of a
firm, corporation, association, or organization whottviolates this act is guilty of
.`f,
a misdemeanor, punishable by.a fine of not less, than $100.00 nor more than
$1,000.00 or imprisonment for not more than 90 days, or both.
10
DAY CARE CENTERS
MICHIGAN
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
311.
General Administrative Requirement s
KWH. COMP.- LAW 5722.120
Investigations;
examinations;
visitations;
records; reports.
A licensee shall keep such records as the department may prescribe regarding
each child in its control and care, and shall report to the department, when
requested, the facts as the department may require with reference to the
children upon forms furnished by the department.
R 400 .5103 Program director.
A program director shall be present pill time for programs operating less than
6 continuous hours.
In programs operating 6 or more continuous hours, a
program director shall be present not less than 6 hours per day when children
are present.
R 400.5104 Staff qualifications.
A center shall keep on file verification of the educational qualifications of
program director and the credential qualifications, as applicable.
R 400.5114
Admission and withd=rawal criteria; schedule of
policy.
A center shall provide each parent enrolling a child with a
which shall include the following information:
Criteria for admission and withdrawal.
operation; fee
Schedule of operation, denoting hours, days, and holidays
the center is open and services are provided.
Fee policy.
en statement,
wring which
DAY CARE CENTERS
MICHIGAN
R 40 0.5118 Exempaon from rule.
Upon written reqtest of an applicant or licensee, the department may grant an
exemption from an administrative rule if there is clear and convincing
evidence that the alternative to the rule complies with the intent of the
administrative rule from which exemption is sought.
The decision of the department, including the qualification under which the
exemption is granted, shall be entered upon the records of the department and
a signed copy shall be sent to the applicant or licensee. This exemption may
remain in effect for as long as the licensee continues to comply with the
intent of the rule or may be time - limited.
-_= 312.
Telephone-
-
R 40 0.5115 Telephone service.
A telephone shall' be available and accessible in 'the building during the hours
that the center is in operation.
Pay telephones shall not be considered as
meeting this requirement.
313.
Proof of Operator Financial Capabilities
Not specified
314.
urance
,See 723. Transportation
320.
PERSONNEL
321.
Publication of Personnel Policies
Not specified
322.
Constraints Against Employment
Not specified
12
DAY CARE. CENTERS'
330.
NON-DI SCR
NATION
331.
Requirements Prohibiting Discrimination
Not specified ,-
340.
RECORD, REOUIREWIENTS
341.
Children
MICHIGAN
7
R 400.5111 Child information records and reports.
A center shall have a child information card completed and on file for each
child currently enrolled.
The department form or a comparable substitute
shall be used.--
A center shall maintain an accurate record of daily attendance for children
,==1
enrolled.
A center shall report an accident or illness, occurring while a child is in care,
which results in hospitalization or death. This report shall be submitted to the,
department within 5 days on a form provided by the department.
See also 711. General Health Requirements, and 71
urfization.
342.
Staff'
R 400.5112 Health of personnel; report.
A center shall have on file a report, signed by Efilieen.sed physician, for each
staff member and each volunteer who has contact with children 4 hours or
more per week for more than 2 consecutive weeks. T s report shall declare,
to the best of the physician's knowledge, the phy
capability of the staff
member to perform the duties required. The report shall be signed no more
than 6 months prior to, or 30 days aftee start of employment and every 2
years thereafter.
DAY CARE CENTERS
MICHIGAN.
A center shall have on file evidence- that each staff member and each
volunteer who has contact with children 4 hours or more per week for more
than 2 consecutive weeks is free from communicable tuberculosis, verified
within 3 years before employment and every 3 years thereafter.
343.
Child Eligibility_ and Enrollment Requirements
Not specified
344.
Child Abuse ReportiN.
Not specified
345.
Confidentiality of
ecords Re
ents
Not specified
400. GROUP COMPOSITIONS OF CHILDREN
410.
STAFF/CI-1Mb RATIO REQUIREMENT
4.r-
Staff/Child Ratio
h 19
R 400.5105 Number of staff.
A minimum of 2 staff members, 1 of whom is a caregiver, shall be present in
the center whenever 7 or more children are present.
The ratio of caregivers to children present in the center at any one time shall
be based upon the following:
For children 2 1/2 to 3 years of age, there shall be 1 caregiver for 10
children or a fraction thereof beyond the first 10, including children who
are related to the staff and licensee.
For children 4 to 5 years of age, there shall be 1 caregiver for 12
children or a fraction thereof beyond the first 12, including children who
are related to the staff and licensee.
14
DAY CARE CENTERS
MICHIGAN
For children 2 1/2 to 5 years of age, there shall be 1 caregiver for 10
children or a fraction thereof beyond the first in, including. children who
we related to the staff and licensee.
412.
Methods of Computing Staff /Child Ratios
See 411
Staff/Child Ratio as of March L 1981
420.
GROUP SIZr
421.
Group Size as of March, 1981
See 411. Staff/Child Ratio as of March, 1981
422.
Methods of Computing Group Size
See 342. Staff
500. STAFF QUALIFICATIONS AND TRAINING REQUIREMENTS
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
A
Not specified
512.
Health
See 342. Staff
513.
Education
Not specified
514.
Experience
R 400.5104 Staff qualifications.
All staff shall be of responsible character and suitable to meet the needs of
children.
3- u
DAY CARE CENTERS
520.
PROGRAM DIRECTOR QUALIFICATIONS
521.
Age,
Not specified
522.
Health
See 342. Staff
523.
Education'
MIC
IGAN
R 400.5104 Staff qualifications.
A program director shall have completed a minimum of 60 semester hours of
credit at an accredited college or university and shall have core ipleted not less
than 12 semester hours in child development, child psychlog-y, or early
childhood education.
A person who is currently employed
as a program
director shall have 2 calendar years from the effective date o 1' these rules to
obtain the required 12 semester hours proyided the person ::-_--emains in the
employ of the same center; or
A program dyector shall have been awarded the child develommient associate
credential by the child development associate consortium' send shall have
completed not less than 12 semester hours
in child dev lopment, child
psychology, or early childhood education at an accredited colleg---,e or university.
524.
Experience
Not specified
530.
SUPPORT STAFF QUALIFICATIONS
R 400.5610 Vehicle Orator.
The driver of any vehicle transporting children shall possess the
qualifications;
Valid chauffeur's license with the proper endorsement.
Per4tonal driving record hith no more than 6 active point
as determined
by the department of state.
16
DAY C
RE CENTERS
MICHIGAN
The driver shall be provi-ded with a list of the children being transpor
ted in hi
or her vehicle and the 1783.nes ax-id telephone numbers of parents or guardians.
The drier shall be fern ilL ar with the contents of the first .aid kit.
The
shall be farnik ar wit h the operation of
-xtinguis her
R 40
709 Volunteer vehicle operator for field trip transportation.
The vol -1_nteer driver shial_J:
1:Dlave a valid driVe-r's license appropriate for the vehicle being c-iven.
ave not more thun 6 ative points on his or her driving record.
Dave a list of the children being transported in his or her ye Thiele and
t
he names and tel
phone. numbers of parents or gue.rdians.
lie familiar with tie oft_ tents of the first aid kit.
Before
the field trip 13e-ins, the center shalVdetermine
that each ---,-.volunteer
driver
Gm plies with subr-ule (1)
of this rule.
540.
OST EMPLOYIVINTW-SERVICE: ORIENTATIOL--4 AND TRAI NING
541,
l
am Director
Not sperms ified
542.
. child Caregiver 5t_afi
Not Specified
543. Sport
Not apeified
17
DAY CARE CENTERS
MICHIGAN
600. PROGRAM OF ACTWIrIESLINC
DING EDUCATION
PROGRAM REQUIREMENTS
611.
Program of Activities
R 400.5106 Program.
A center shall provide a program of daily acts vi.tie s and relationships that
offers opportunities for the developmental gr-towth of each child in the
following areas:
Physical development, including large and
mall muscle.
Social development, including commurdcaff_ cin skills.
Emofional development, including positive
elf-concept.
Intellectual development.
A center shall permit parents to visit the progra _ i for the purpose°
trying
their children during daily activities.
A center operating with children in attendance f .=:rr 5 or more continuous hours
per day shall provide for daily outdoor play, u-i._lets prevented by inclement
weather conditions.
A center shall provide each child in attendance r cDr 5 or more continuous hours
a day with an opportunity to rest.
A child shall not be in care for more than 12 hours a day.
R 400.5503 Nighttime care.
When a child is in care between the hours of,
shall be required:
A separate area away from sleeping c..2hildren
--he e the child can
and 6 a.m., the following
engage in quiet activities.
A bed and mattress, with a waterproof
to the age of each child.
18
v r-ing, of
ize appropriate
DAY CARE
CENTERS
MI HIGAN
e
812.
m-arn
ti- meat and Mateals
R 400.5109
Equipment.
A center shall provide an adequate and varied supply of play equipment,
materials, a_rid furniture, which shall be:
Apprdx.opriate to the developmental needs and interests of pilaf:Yen.
Appropriate to the number of children.
Safe,
clean, and in good repair.
Chillsize or appropriately adapted for a child's use.
Easil
accessible to the children.
Equipment end materials shall provide for:
Larg
and small muscle activity.
Senst=ry exploration.
Socip -1 interaction and dramatic play.
Disc=3very and exploration, including structuring and restructuring.
Creaive experiences through art, music, and literature.
613.
lap lrovion
R400.5109
leeping equipment.
A center 5111l provide each child enrolled for 5 or more continuous hours with
a cot const=ructed of a fabric or plastic which is easily cleanable and a
washable blinket or sheet of appropriate size.
The bedding
shall be for the exclusive use of the child between launderings.
The cot and
bedding shall be kept clean.
Cots shall
positioned in such a manner that there is a free and direct means
'of egress.
19
DAY CARE CENTERS
614.
Discipline and Guidanc-
MICHIGAN
R 40 0.5107 -Discipline.
Staff shall use positive methods of discipline which encourage self - control,
self - direction, self-esteem, and cooperation.
Staff shall be prohibited from-using the following as a means of punishment:
Hitting, shaking, biting, pinching, or inflicting a form of corporal
punishment.
Rffitricting a child's movement by binding or tieing him or her.
Inflicting
mental
or
emotional
punishment, such
shaming, or threatening a child.
Depriving a child of meals, snacks, rest, or necessary toilet use.
Confining a child in an enclosed area, such as a closet, locked room,
box, or similar cubicle.
Nonsevere discipline or restraint may be used when reasonably necessary,
based on a child's development, to prevent a child from harming himself or
herself or to prevent a child from harming other persons or property, excluding
those forms of punishment prohibited by subrule (2) of the rule.
I
A center shall have a written policy regarding the discipline of children. This
policy shall be furnished to staff and parents.
700. HEALTH AND SAFETY
710.
HEALTH
711.
General Health Recuirements
R 40 0.5113
Emergency
medical
care;
immunization
status;
statement;
medication; health surveillance measures.
At the time of initial attendance, a center shall obtain and keep on file
written permission, signed by the parent, to seek emergency medical care,
unless the parent objects therefo on the basis of religious grounds.
20
DAY CARE CENTERS
MICHIGAN
A center shall obtain and keep op file within 30 days of initial attendance 1 of
the following statements:
A signed statement on the state of the child's health based on an
evaluation by a licensed physician or his or her designee made within
the preceding 12 months and every 2 years thereafter. Restrictions, if
any, on activities shall be stated by a licensed physician.
A written statement from the parent or guardian that the child has
completed, or has an appointment to take part in, a health care
program which shall inalube health observations, physical assessments,
and screening tests when such a health program is available and has
been approved by the department of public health. The result of this
health'screening program shall be on file in the center following such an
assessment and shall be updated every 2 years.
See also 341. Children and 342. Staff
712.
Health Assessments
Not specified
713.
Immunizations
R
4 0 0.5113
Emergency
medical
care;
immunization
status;
statement;
medication; health Surveillance measures.
A cente
all
Lain and keep on file at the time of registration or not later
than the first day
f initial attendance a certificate of immunization showing
a minimum of at least 1 dose of each immunizing agent speMfied in accordance
with section 9211 of Act No. 368 of the Public Acts of 1078, as,amended.
When a child has been in attendance for
, 4 months, the center shall have on
file, in addition to the material specified in the subrule above, an updated
cert fieette
showing
the
completion
of
all
additional
immtmiza\tion
requirements.
21
35
DAY CARE
NTERS
MICHIGAN
714.
Sanitation
R 400.5855 Smoking.
Smoking is prohibited in areas where children are present. If staff members or
visitors smoke at a center, a room or lounge shall be provided for that purpose
and equipped with noncombustible receptacles for the disposal of - stroking
materials.
R 400.5901 Food service sanitation.
Facilities, equipment, and procedures used for the preparation, storage, and
service of food, whether on or off the premises, shall comply with the
applicable provisions of sections 12901 to 12922 of Act No. 368 of the Public
Acts of 1978, as amended.
R 400.5920 Water supply.
Sinks, lavatories, drinking fountains, and other water outlets shall be supplied
with safe water, sufficient in quantity and pressure to meet conditions of peak
demand. Hot water temperatures shall not exceed 120 degrees Tahrenheit at
outlets accessible to children.
The water system shall comply with the requirements pf the Michigan
department of -public
health.
Plumbing shall be
designed,
constructed,
installed, and maintained 'to prevent cross-connection with the water system.
R400.5930 Sewage disposal.
Sewage and other water-carried waste shall be disposed of through a municipal
sewer system when such a system is available.
Where a municipal sewer
connection is not available, waste shall be discharged into an approved private
system.
The private system shall comply with local health department
requirements.
R 400.5935 Garbage and refuse.
A center shall store garbage in flyproof and watertight containers with
tight - fitting covers. A garbage can shall be provided with a waterproof liner
or be the
,ughly cleaned after each emptying.
22
DAY CARE CENTERS
MICHIGAN
A center shall have garbage and refuse removed at intervals of at least once a
week so as not to create a menace to health.
R 400.5940 Maintenance of premises.
The premises shall be maintained in a clean and safe conditionrd shall
free from:standing water.
The premises shall be maintained so as to eliminate and prevent rodent and
insect harborage.
Roofs, exterior walls, doors, skylights, and windows shall be weathertight and
watertight and shall be kept in sound condition and god repair.
.Floors, interior walls, and ceilings shall be sound
Maintained in a clean condition.
715..
Daily Illness Screening
R 400.5113
Emergency
medical care; immunion status;
statement;
medication; health surveillance measures.
Health surveillance measures include the following:
A center shall be responsible for reporling to the parent obterved
changes in the child's health or any accidents that inay have happened
to the child.
716. Care of Sick Children
R 400.5113
Emergency medical care;
immun zation - status;
s atement;
-medication;. health surveillance measures.
-1
A chilirtoo ill to remain in the group shall be placed in a separate area where
he or she may be comfortably cared for and supervised until he or she can be
taken home or suitably cared for; elsewhere. Ite-ras and facilities, includihg
cots, bedding, utensils, toys, toilets, end lavatories, used by the ill child shall
not be used by another person until those items and facilities have been
thoroughly' cleaned. The parent shall' be contacted when these measures are
required.
DAY CARE CENTERS
4
MIC11IdA-N
717.
Medication and Special Diet-Provisions
8.400.5110 Food services and mitrition,
The center shall assure that a child with special dietary needs is.prov
snacks and meals in accordance with the child's needs and with the
n
of the child's parent or a licensed physician.
th
R
400.5113
Emergency medical
care;
immunization
status; statemerit;
medication; health surveillance measures.
When a center administers medication, the following provisionsshall apply;
Medication,
including
tranquilizers,
sedatives,
aspirins,
dieta_=y
supplements, or individual special medical procedures, shall be giveri
applied
only
with
prior, written
permission
from
the
parer=t.
Prescription medication shall have the pharmacy label indicating -t*---te
physician's name, child's name, instructions, and name and strength
of
the medication and shall be given in accordance with those instructions= .
A caregiver shall maintain a record as to the time and the amount of arty
medication given or applied.
The medication shall be in the original container, stored according to
instructions, and clearly labeled for the specific child.
The caregiver
keep the medication out of the reach of children, and shall return tlae
medication to the parent or destroy it when no longer needed.
718.
Waiver of Health Recuirements
MICH. COMP. LAW 5722.127
Objection on religious
grounds to
examination, immunization or treatment of child.
Nothing in the rules adopted pursuant to this- act shall authoiize or require
medical examination, immunization, or treatment for any child whose parent
objects thereto on religious grounds.
24
DAY CARE CENTERS
MICHIGAN
400.5113
Emergency
medical
care; len m uni zat i on
status;
statement;
edication; health surveillance measures.
A child whose parents object to physical e)z-zamination or medical treatment on
religious 'grounds may be admitted if the arent provides the center with a
signed stateient that the child is in good 1 Health and that the parent assumes
rtmponsibilitylor the
state of hes- -M' while at a center, with the
understanding that
the
parent
be noti-'ied
immediately when anything
unforeseen in this regard occurs.
720.
SAFETY
721.
Generallafety Requirements
R.400.5830 Landings, steps, and stairs.
Stairway stepashall not be more than 7 1/2 zinches in height and treads shall he
not less than 91/2 inches in the clear. Lanings, at least as wide as the swing
of the door, shall be located outside exdte doors where steps or stairs are
necessary.
Landings, steps, and stairs
s
hall be '-iar4:?vided
with handrails
designed and constructed for use by children
R 400.5835
Multiple occupancy.
Multiple occupanoy of a building may gua=ify for licensure when the entire
buildink does not present a life safety hazy
d. A center currently licensed in
such a building may continue so long as s=_Ich occupancies do not change in
character.
A building, part of which is used forJiaza=dous operations or for occupancy
that is unpredictable, such as taverns, gar
ages, repair shops, and industrial
operations, shall not be permitted for center use. However, an exception may
be made for a vocational education center
approved by the department of
education.
DAY CARE CENTERS
MICHIGAN
R 400.5850 Electrical service.
The electrical service
shall
e maintained in
a
safe condition.
Where
conclitiong indicate the need for inspection, and in new construction, addition,
and conversion, the electrical
service shall be inspected by a qualified
electrical inspecting authority, and
-copy of the inspection report shall be
submitted to the department. A certificate of approval shall be submitted to
the department upon correction of all deficiencies related to electrical
installation.
R 400.5905 Location of center; stairs, walkways, ramps, and porches.
A center shall be located on land that provides good 'natural drainage or that is
properly drained.
Porchesand walkways that are elevated shall have barriers to prevent falls.
Stairs, walkways, ramps, and porches shall be maintained in a safe condition
relative to the accumulation of water, ice, or snow, and shall have nonslip
surfacing.
722.
Fire Safety Requirements
R 400.5810 Construction.
A new building, the conversion of an existing building, the conversion of a part
of an existing building, or an addition to an existing building used for a center
shall comply with 1 of the subrules of this rule listed below:
When child occupancy is Limited to the first or main floor, the building
shall be of at least wood f rarne construction.
When child Occupancy is on the second floor, the building shall be of
protected ordinary construction and all required stairways and vertical
openings shall be enclosed with construction equal to the standard
partition construction of the building so as to provide a protected
means of egress to the outside at grade.
26
DAY CARE CENTERS
MICHIGAN
When child occupancy is above the second floor, the building shall be of
1-hour fire-resistive construction a7171 all rOuired stairways' and other
vertical openings shall be enclosed by a minimum 1-hour fire-resistive
construction to provide a protected means of egress direct to the
outside at grade.
When any portion of a basement is used for child ocCupancy, the center shall
comply with 1 of the following:
The basement shall have 2 enclosed stairways
1-hour fire-resistant
construction that terminate directly to the outside at grade, and all
openings in the stairways shall be protected by B labeled fire doors and
frame assemblies.
The occupied room or use area shall have an approved exit direct to the
outside at grade.
When basement occupancy is limited- to not more than 30 children, 1 of the
exits shall c17 -Tharge directly to the outside at grade or through a 1-tiour
fire-resistive enclosure. The second exit may terminate at the first floor level
with an approved floor separation.
All vertical openings and stairways that are not required shall be enclosed with
partitions
Arid doors dual in
fire
resistance
to
the
standard partition
construction of the building and shall be so constructed and arranged that
effective fire and smoke separations between floors are provided.
Wastebaskets or other waste containers shall be made of a noncombustible
material.
If the receptacle exceeds 10 gallons capacity, a tight-fitting,
noncombustible lid' shall be fitted and used.
Combustible liners shall be
permitted.
27
DAY CARE CEN
R 400.5825
.
MICHIGAN
In an existi
sti
nrd areas shall be
-..ieparated fro
the parts
of
the,
bra
.enter
by minimum
3/4-hour
fire - resistant
.J shall be protected ay
minimum 1 3/4-inch Solid
construct(
core wood
approved
Where a
of egress
fire-resistai
opening.
_nt hung in substantial, fr--ames and equipped with
e
and positivelatching par dware.
inmc
rd
1 capicingequipment
__xposes a required means
the cam--ornmon walk or :'walls shel= have a minimum 1 -hour
1
lig, with
a B labeled fire door an ant frame assembly in the
An incinerator shall be splarated. from the rerna_. hider of the center by
construction having a l-ho L=r-Jire-resistance ratlngp
Openings -between the
incinerator room:a:id the re__I-7-nainder of _tie building sh rall,,he protected- with a 13
labeled fire door end frarric---- assembly. In new,,corislirluction, the incinerator
room shall have not less t_lian I outside wall. conta=Aning -a window or doer
opening directly to iheoutsic_Je.
Heating shall be bra cen
tral heating plant
or awn approved permanently
installed electrical heating sstem. If heating is provded by a Central tieing
plant, it shall be installed
in an enclosure providing not less than a 1 -hour
fire-resistive
separation, ir_--cluding a
13/4-inch
s
lid core wood door or'
equivalent equipped with an
approved self-elosing
and, positive atching
hardware in any interior dormer opening exposing the enclosure. Air for proper
combustion shEill beprovid
directly from the outsize through a perfriantly
opened louver. The storage
of cornbust]hle materials
in heating plant
prohibited.
R 400.5840 ..Fire alarm,
n
In any building used as a renter, , vXlere more then--
1 room
occuPied by
children, an approved fire el.rm system shall be estall
lished. This system may
be either electrical or silnual.
Con-Imeneing
2 c._-_,_alendar years from the
effective date of these rums, in centers of more than 4 rooms, exciudiog
bathroom
or in centers
Ii
ceased for core than 6
a. children, an approved
closed circuit, selfsupervise=1 electrical fire alarm sys --tem shall be installed.
,
3835E
DAY CARE CENTERS
MICHIGAN
R 400.5845 Fire extinguishers.
A center shall have multipurpose fire extinguishers, having ratingsa-of not less
than 2A-I0BC, installed in the kitchen or cooking area and in the heating plant
room. The requirement 'of having additional multipurpose fire extinguishers
with ratings of not less than '2A-1013C shall be determined by the fire
inspecting authority and shall be based on the capacity the center and on
other.conditions in the facility.
R 400'5860 Fmergency procedures.
A fire drill program shall be established and implemented to assure prompt'
evacuation of the building in case of emergency.
R 400.5865 Occurrence of fire; report.
If a fire occurs in a center and results in loss of life or property, it is the
responsibility of the center to notify the department of state police, fire
hal division, of all details of the fire.
This noafication shall occur
immediately after occurrence of the fire.
723.
Transportation
R 400.5603 All vehicles.
Vehicle seats used by passengers shall not face sideways.
A truck shall not be used to transport children, except in the cab.
There shall be no loose, heavy objects in the passenger area of any vehicle.
Each vehicleLaball be inspected annually by the department of state police or
by a state police-authorized publicly employed inspector to verify compliance
with Michigan vehicle code\ safety equipment requirements and other safety
-equipment requirements specified herein, if such inspection services 4 are
available. A statement attesting to the vehicle's comPllance with the code
and other safety requirements shall be kept 'on file by the center. No vehicle
shalFgle operated f
the purpose of transPorting children unless it
is
in
`-compliance with all reqQements specified hehin.
39
DAY CARE C NTERS
MICHIGAN
R 400.5604 Vehicles with a gross vehicle weight of More than 10,000 pounds.
Commencing 2 calendar years, from the effective date of these' rules, each
vehicle in this category that is purchased or leased by a center for the purpose
of transporting children shall, comply with all minimum sleety specifications,
except color, Identification, and alternating flashing lights, Contained in the
department of education rules entitled "Safety Specifications for School
buses," being R 340.1201 et seq. ;Sf the Michigan Administrative Code.
Centers contracting -transportation services from other organizations shall
contract services that comply with the standard
as stipulated and with the
-date as established in subrule above.
R 400.5605 Safety equipment in vehicles with a manufacturer's rated seating
capacity of 10 or fewer occupants.
Each vehicle in this
tegory shall carry the following safety equipment:
Three bidirectional emergency reflective triangles. The reflectors
be properly cased and stored in the truck of the vehicle..
Fire extinguisher of dry-chemical type approved by underwriters'
laboratories, inc., rated not less than 2A-109C. The fire extinguisher
shall be kept properly filled and in satisfactory condition at all times.
The eXtinguisher valve shall be,aluminum, brass, or bronze.
A first aid kit, which shall contain, at a minimum, bandage compresses
(sterile gauze pads), adhesive compresses, a 40-inch triangular bandage,
a roll of gauze and an'elastic bandage.
30
DAY CARE CENTERS
MICHIGAN
1 400.5907 Restraint devices; safety belts.
When transporting children in any vehicle, a child, passenger- restraint device
shall be used for each child who has ridt achieved 2 of the following:
A weight of 40 pounds.
A height of 40 inches.
The age of 4 years.
Each restraint device shall be properly anchored to the vehicle seat and used
according to the manufacturer's specifications.
A child passenger _restraint device or a safety belt shall be used for each child
who has achieved 2 of the following:
A weight of 40 pounds.
A height of 40 inches.
The age of 4 years.
Eadh restraint device and each safety belt shall be properly anchored and used
according to the manufacturer's specifications.
Each child transported shall remain seated and properly restrained by the
Assenger restraint device appropriate for his or her ate, size, and physical
condition while the vehicle is in motion.
The driver of a vehicle and all adult passengers shall be properly restrained by
safety belts when the vehicle is in motion.
R 400.5611 Child supervision.
When 2 or more children under the age of 2 1/2 years are in transit, there shall
be a staff member or volunteer present in addition to the driver. In addition,
there shall be 1 staff member or volunteer to every 4 children or a fraction
thereof.
When more than 8 children, 2 1/.2 years to 5, years of age, are in transit, there
Shall be a staff member or volunteer present in addition to the driver.
When
more than 25 children, 2'1/2 to 5 yedrs of age, are in transit, there shall be 2
staff members or volunteers present in addition to the driver.
31
DAY CARE rENTERS
MICHIGAN
When "more than 20 children, 6 to 12 years of age, are in
shall be
a staff member or volunteer present in addition to the driver.
When children are entering or leaving the vehicle, the following -safety
precaUtions shall be taken:
The accompanying staff member, volunteer, or the driver shall assure
that the children Eire received by a parent or other responsible person as
designated by the parent.
Children Shall enter and leave the vehicle from the curbside unless the
4
.
vehicle is in a protected parking area or driveway.
Children shall not be left unattended in a vehicle.'
When children under the age of 6 year
are entering or leaving the
vehicle, the children shall be carried or helped into and out of a vehicle.
R 400.5612 Vehicle insurance.
. -
The owner of a, vehicle used for the transportation of children shall maintain
both the following:
The no-fault automobile imurance coverage required by chapter 31, Act
No. 218 of the Public Acts of 1956, as amended; and
The residual liability insurance coverage of not lesIs than $100,000.00
bu-',4 injury and $300,000.00 coverage per accident.
R 404.5613 Time limitation on child transit.
For children under the age of 6 years, transportation routes shall be planned so
that no child is in the vehicle longer than 1 continuous hour.
DAY CARE CENTERS
MICHIGAN
R 400.5614 Vehicle records and reports.
A center shall have on file verification of all of the folfrwi
Annual vehicle inspection.
Vehicle insurance.
The chat'
eur's license number of each driver.
Compliance by drivers with all requirements set forth in R 400.5610,
including a copy of each driver's- driving record, obtained from: the
-department' of state at least once every 12 months.
724.
Safety Requirements for Equipment
Not specified
725.
Water Activities Including_Swimmingl
R 400.5502 Swimming.
When a swimming pool is utilized by children while under the care of a center,
it shall be constructed and operated in compliance with Aet No. 368 of the%
Public Acts of 1978, as amended.
A center shall obtain and keep on file written parental permission prior to the
participation of a child in a swimming activitiy.
A lifeguard shall be on duty at all times when a swimming pool or swimming
area is in use.
There small be an in-the-water ratio of 1 caregiver to each child under the age,
of 2 1/2 years.
For nonswimmers over 2 1/2 years of age, there shall be an in-the-water ratio
of 1 caregiver to 4 children when the water level is at the child's chest height
or lower; 'when the water level is above the child's chest height, there shall be 47
an in-the water ratio of 1 caregiver to 1 child.
394
33
DAY
DAY CARE CENTERS
MICrHIAN
For swimmers over 2'1/2 years of age, there shall be a ratio of caregivers to
children as required by-R 400.5105(2). Fdr children 2 1/2 years td 5 years of
age, this ratio shall be maintained as an in-the-water ratio.-
726.
Emergency
xx oeedures
IVIICH. COMP., LAW 3722.124a Consent
minor child.
o medical and surgical treatment of
If the minor child is placed in a child -care organization, then the probate
court, the child placing agency, or the department making the placement shall
execute a- written instrument investing that organization with authority to
consent to emergency medical and surgical treatment of the child.
A parent or guardian of a minor child who voluntarily places the child in a
child care organization shall execute a written instrument investing that
organization with authority to consent to emergency medical and surgical
medical care.
R 400.5860 Emergency procedures.
A center shall- have written procedures for the evacuation and care of children
and staff for fire, tornado, and serious acident or injury.
727..
First Aid Supplies
14bt specified
800. NUTRITION AND FOOD SERVICE
810.
NUTRITION
811.
Nutritional Requirements
R 400.5110 Food services and nutrition.
Snacks and meals shall be provided by the center, except when 1
following circumstances occurs:
395
34
he
*DAY CARE CENTERS
MICHIGAN
A majority of the children are in attendance less than 4 hours.
A written agreement has been .signed by a parent and kept on file
indicating that the parent is choosing to (provide food.
A center has a field trip or a special occasion.
food served by the center shall be of sufficient quantity and nutritional
_quality to provide for the dietary needs of each child according to the`
minimum meal requirements of the child care food program as administered-by
the Michigan department of education.
.
-
A child shall be served meals and snacks in accordance with the following
schedule:
4 hours to 6 hours
1 meal and 1 snack.
7 hours to 10 hours
I meal and 2 snacks, or 2 rn eals and 1-snack.
11 hours or more ..
2 meals and 2 snacks.
The center shall assure that a child is not deprived of a shack or meal if the
child is in'attendance at the time when the snack or meal is served.
812.
Waiver of Requirements
_See 811. Nutritional Requirements
820.
FOOD PREPARATION
821.
Food Pre
ton and Service Re u'remen s
R 400.5110 Food services and nutrition.
Menus shall be planned in advance, shall be dated, and shall be posted whe e
they_may be seen by parents. Food substitutions shall be noted on the menus.
On field trips, food containing mayonnaise, eggs, -milk products, and other
ingredients with which the probability of spoilage
high shall not be used.
DAY CARE CENTERS
F
MICHIGAN
The center shall assure that a child with special dietary needs is provided with
snacks and meals in accordance with the child's needs and with he instructions
ofthe child's parent or a licensed physician.
- Sufficient staff shall be provided to. carry out food service activities The
staff shall be scheduled so that adequate time is available.to prepare and serve
food.
I
A center shall establish and implement a written policy for its. nutrition and
food service programs. Each parent at the time of enrollment shall receive a
copy of this policy statement.
sp
'ed
Not specified
900. SOCIAL SERVICES
1000. PARENT PARTICIPATION
1100. INFANTS AND TODDLERS
1110.
'PROGRAM-OF ACTIVITIES
Ft 400.5202 Staff.
A minimum of 2 staff members, 1 of whom is a caregiver, shall be present at
all times 3 or more children are present.
The ratio of caregiver to children present in the center at any one time shall
be at least 1 caregiver for 4 children or a fraction thereof beyond the first 4,
including the children who are related to the staff and licensee.
36
DAY CARE CENTERS
MICHIGAN
R:400.5203 Primary caregiver.
A center shall arrange its staffing pattern
caregiver to provide all of the following:
Continuity of 1 relationship.
Continuity of care.
Appropriate social interaction.
that each Child has a primary
R 400.5204 Sleeping equipment; seating for staff.
Children less than 12 months of age shall sleep in cribs or beds with side rails
and -firm mattresses. Children 12 months of age and older shall sleep in cribs,
beds, or cots. -4 sleeping device shall have a washable, waterproof covering
and appropriate bedding.
A rocking chair or other comfortable, adult-sized seating shall be provided for
1/2 of the caregiving staff on duty.
R 400.5206 Records.
A center -shall maintain a continuing record for children up to 12 months of age
in the following areas:
Food intake.
Sleeping patterns.
Rowel movements.
Developmental milestones, such as. sitting, focusing on objects, and
smiling.
1120.
HEALTH AND SAFETY REQUIREMENTS
R 400.5207 Health care services
A center shall implement a health care services plan, which has been
developed in conjunction with a licensed physician or registered nurse, that
includes not less than the following:
Health practices and policies.
Health resources.
Staff training.
37
DAY CARE CENTERS
MICH
N
R 400.5208 Health reports.
--re
A center shall, within 30 days of initial attendance, keep on file a signed
report on the state of the child5 health, based onfin evaluation by a licensed
physician or his or her designee made within the preceding 3 months.
Restrictions, if
any,
shall
be
certified by the
physician.
Subsecuept
evaluations shall be made every 12 months thereafter. In lieu of subsequent
medical evaluations, a 'written report from a periodic screening program,
approved by the department of public health at the designated intervals, shall
constitute compliance.
R 400.5209 Diapering;-toilet training
Diapers shall be disposable or? from a commercial diaper service. When a
child's health condition necessitates that disposable diapers or diapers from a
commercial service cannot be used, an alternative arrangement may be made Ns
-according to the parent's or a licensed physician's instructions.
Diapering sh
be done in the child's own crib or in a designated diapering area.
A diapering area and all supplies
d equipment
ent sh
maintained in a safe
and sanitary manner.
The hands of a caregiver shall be washed after each diapering using soap and
running water.
A washcloth or towel, or both, used in diapering shall not be used subsepucn
on another part of the body or for any other purpose until laundered.
Toilet training shall be planned cooperatively between the child's primary
caregiver and the parent so that the toilet routrie established is consistent
between the center and the chills home.
Diapers shall be changed when soiled or wet.
9J
DAY CARE CENTERS
MO. INFANT NUTRITION
R 400.5205 Formula; milk; foods.
The requirements of R 400.5110 apply to infant formula, and feeding in addition
to the reqtdrements below.
When a cerfter providts I rmula for the child who is on infant fortnula,
commercially prepared, pre-bottled, ready-to feed foimula shall be provided.
A center shall keep a list of formulas it offers and the number of calories per
ounce that each forma ila provides.
A formula shall be iron-fortified for a childless than 6 months of age, unless
otherwise recommended by the parent
a licensed, physician for the
individual child. Iron - fortified cereal, i
no,t already provided the child by
months of age, shall be provided whe
the
iron-fortified
formula
'scontinued, unless otherwise recommended by the parent or a licensed
physician for the individual child.
Formula left in a bottle at the end of a feeding shall be discarded with the
bottle.
Special formula required for an individual child shall be provided by the center
in commercially prepared, pre-bottled, ready-to-feed units, unless provided by
the parent as specified icy subrule of this rule.
When formula is discontinued, all the following apply;
A center shall provide and use whole homogenized vitamin D-fortified
cow's milk, unless otherwise directed by the parent of a licensed.
physician.
Milk shall be poured into clean cups or bottle
sanitized nipples.
Excess milk left in a bottle or cup shall be discarded.
4tJU
DAY CARS CENTERS
MICFHGAN
Nipples shall be thoroughly cleaned and sterilized after each feeding
and prior to being used again. This sterilization shall be by boiling the
nipples for not less than 5 minutes.
This rule does not preclude a mother-.
visiting a center in order to
the
breast-feed her child or from sending to the center expressed milk for
child.
A child too young to sit in a highchair or at a feeding table shall be held in a
semi-sitting position or placed in an infartt seat while being fed.
127,
A child unable to hold- his or her bottle shall be held1 whenever the bottle is
given.
Solid foods shall be introduced to the individual child according to the parent's
or a licensed pSysician's instructions.,
Commercial baby food containers that are opened, and foods prepared in the
enter which are stored, shall be covered, dated, and labeled as to the
contents and refrigerated. The contents shall be used or discarded within a
6 -hour period., A child shall not be fed directly from baby food containers if
the 'contents are to be fed to the child at more than 1 sitting or to more than 1
child.
When a parent -chooses to provide formula or food in accordance with R
400.5110(b), the *ter shall assure that the food, formula, bottles, nipples, and
containers corkiply with the following:
Formula shall be prepared at the child's home and placed in an
assembled bottle unit prior to being brought to the center.
Formula, milk and perishable foods needing refrigeration shall be
properly refrigerated. Formula shall not be stored longer than 24 hours
after opening. Food shall be covered and labeled as to the contents,
date of opening, and the specific child for whom its use is intended.
Food other than formula shall be used or discarded within a 36-hour
pei-iod after opening.
40
401
DAY CARE CEN9RS
C HI GAN
Each bottle
id nipple supplied by a parent 'shall be.used for a single
feeding only and then returned to the parent..
Formula and milk left in a bottle at the end of the feeding shall
discarded.
1200.- CHILDREN WITH HANDICAPPING CONDITIONS
1210.
PROGRAM OF AC
Not Specified
1220. HEALTH AND SAFETY REQUIRE ENLS
Not specified
1230. STAFFING
Not specified
1300. SCHOOL AGE CHILDREN
1310.
PROGRAM
ACTIVITIES
R 400.5302 Staff.
The ratio of caregivers to children present in the center shall be based upon
the following:
For children 6 to 12 years of age, there shall by 1 caregiver for 20
children or a fraction thereof beyond the first 20, including children
who are related to the staff and licensee.
For children from 13 to 17 years of age, there shall be 1 caregiver for 30
children or a fraction thereof beyond the first 30, including children
who are related to the staff and licensee.
DAY CARE CENTERS
MICHIGAN
When a center exclusively serves school age children the program director may
substitute credits in elementary education, physical education, or recreation
for- any of the 12 semester hours as required in R 400.5104 (523. Education).
R 400.5303 Program.
A center shall provide a program that has opportunities for each child:
To plan, carry out, and evaluate his or her own activities.
To experience a diversity of activities within the center, the center
neighborhood, and the total community.
'1)
To participate in recreational activities, includingsports eippropriate to
age.
1320.
HEALTH AND SAFETY REQUIREMENTS
R400.5304 Fire safety.
When a center exclusively serves school- age children the fire safety provisions
as required in R 400.5801(722. Fire Safety Requirements) shall be exempted if
the center uses a public school building which has been approved by the state
fire marshal for public school use.
1400. FACELITY REQUIREMENTS
1410.
SPACE
R 400.5116 Indoor play space.
A center shall have a minimum of 35 square feet of indoor Rlay space per
child, exclusive of all of the following:
Hallways.
Bathrooms.
Reception and office areas.
Kitchens.
4 3
42
DAYCARE CENTERS
Storage areas and cloakrooms.
Areas used exclusively for rest or sleep.
R 400.5117 Outdoor play area.
A, center operating with children in attendance for 5 or more continuous hours
a day shall have a safe outdoor play area which has not less than 1200 Square
feet. When this spice is not adjacent to
center, parks or other outdoor
facilities thai are easily accessible by walking or by transportation are
CH GAN
acceptable.
Indoor play space:
A center for children between ages of 2 weeks and 2 1/2 years -shall have a
minimum of 50 square feet of indoor play space per child, exclusiVe of all of
the following:
Hallways.
Bathrooms.
Storage are
and cloakrooms.
Kitchens.
Reception and office areas.
1420.
LIGHTING- VENTILATION- AND TEMPERATURE
R 400.5910 Heating.
Heating equipment "shall be capable of maintaining a temperature of not less
than 68 degrees Tahfenheit at a point 2 feet above the floor;
R 400.5915 Light, ventilation, and-screening.
The total ventilation area in every habitable- room, as provided by openable
windows, shall be not less than 4 1/2% of the floor area, unless central air
conditioning is provided.
Artificiallight or natural light, or both, shP',_
'-)e capable of 'providing a
minimun illumination of 20 footcandles over th
_ire room at a height of 3
feet from the floor.
43
DAY CARE CENTERS
MICHIGAN
t
During the fly season, a window used for ventilation shall be supplied with
screening of not less than 16 mesh, which shall be kept in good repair.
1430.
EXITS
R 400.5820 Exits.
Each occupied floor of a center shall have not less than 2 approved exits
directly to the outside at grade, remote from each other.
Occupied rooms
within the center shall be located between means of egress, unless the
Ciceupied room has an lipproved exit direct to the outside at grade.
Exit doors and all doors in the means of egress shall be side-hinged and shall be
equipped with knob-type, norilocking-against=egress or panic-type hardware.
'In a center
nsed
of egress.
3 or more Phil
oors shall swing in the direction
4
The requirement of the previous subrule shall not apply to rooms having a
normal occupancy of 12 or fewer chil&en.
Means of egress shall be maintained in an unobstructed, easily traveled
condition at all times that the center 'is in operation. Means of egress shall
not be exposed to inherent hazards 4 the building, including heating .plant,
flammable storage, commercial kitchen, or other similar conditions.
In new construction, an exit door shall be not legs' than 36 inches in width.
In existing licensed centers, exit doors may be approved if acceptable to the
inspecting authority, but shall be not less than 28 inches in width.
4U
44
DAY CARE CENTERS`
MICHIGAN
Exterior exits
be distinctive
finish, or other
letters not less
strokes not less
S
all(be marked or. denoted by an exit s] n. 'All exit si
n color and shall provide contrast with decorations, inferior
signs. Each exit sign shall have the word "exit" in plain, legible
than 6 inches high on a background of contrasting color with
thane /4 -inch wide.
so 722. Fire Safety Re -uirements
1440.
TOILETS AND LAVATORIES
41400'.5925 Toilets and washbasins.--
A center shall provide at least 1 toilet and 1 washbasin for every 20 children or
fraction thereof beyond the first 20, except that a center operating with
children in attendance for 5 or more continuous hours a day shall have 1 toilet
and 1 washbasin for every 15 children or fraction thereof.
0
1500. OTHER STATE REQUIREMENTS COMPLIANCE WITH OTHER LOCAL,
STATE AND REGIONAL LAWS AND REGULATIONS
1510.
ZONING
Not specified
1520.
FIRE
See 223. Areas of Investigation
1530.
BUILDING
Not specified
1540.
H.EALTH
See 223. Areas of Investigation
45
40G
DAY CARE CENTERS
1550. SANITATION
Not specified
1560. NEW CONSTRUCTION
Not specified
a
46
MICHIGAN
DAY CARE CENTERS
MINNESOTA
Except where otherwise noted, all citations are to the Minnesota Department
of Public Welfare, Standards for Group-Day-Care of Preschool and School-Acre
Chil&en December, 1973 (revised December, 1977):
Minnesota's day care
licensing regulations are presented in a requirement/satisfactory compliance
format.
Requirements
are
presented
in
all
ce itals,
and
satisfactory
mpliance activities are presented in initial capitals
100. STATE LICENSING OF CHILD DAY CARE FACILITIES
110.
TYPES OF FACIL1TTES SUBJECT TO LICENSURE AS DEFINED BY
STATE STATUTES AND REGULATIONS AND=/OR LOCAL ORDINANCES AI t
REGULATIONS
111.
D initions
I -Definitions.
Drop-In dare = There are two types of drop -In care:
Combined Program.
The acceptance of additional children into a
licensed child care program on an irregular basis (not more than
one-fifth of the center's week) but not to exceed the facility's licensed
capacity during any part of the day. The percentage of drop-in children
shall not exceed ten percent of the total attend9nce.
Total Drop In Program. Center whose total li ensed capacity is based
primarily on children who attend on an irregular basis.
Croup Day-Care Center - Any program that, for compensation or otherwise,
provides day or night care for six or more children at one time. The term
includes, but is not limited to, programs for children known as nursery schools,
day nurseries, child care Qenters, play groups, day care
enters for school-age
ch
ft
ildren, E( er-school programs, infant day care centers, cooperative day care
centers, and Head Start programs.
A
408
DAY CARE CENTERS
MINNESOTA
Parent Cooperative - A nonprofit group-child-care program that is governed
by a board of at .(,least 70 percent parent-users of the group - childcare
_program. The board must, meet at least every six weeks, and minutes of these
board meetings shall be available for inspection by a representative cif the
Department. This board shall make all continuing operational decisions about
staff, program, budget, and organization structure.
MINN. STAT. ANN. §245.782 Definitions.
"Day care facility" Means any facility, public or private, which for gain or
otherwise
regularly
provides
one
or
more person
with
care,
training;
supervision,
habilitation, rehabilitation,
or develOpmental guidance on- a
ar basis, for periods of less than 24 hours per day, in a place other than
the person's own home. Day care facilities include, but are not limited to
family day care homes, group family day` care horn
day care centers, day
nurseries, nursery schoolg,-daytime activity centers; day
eatment prOgrams
and day services.
112.
Exclusions and Exemptions
MINN. STAT. ANN 5245.791 Eiclusions.
Sections 245.781 to245.813 shall not apply to
Day care or residential care provided by a
ative to related persons;
Day care or residential care provided for a cumulative total of is than
30 days in any 12 month period;
Day care provided for perso
length of time;
a single unrelated farndy for any
A home caring for a person placed there by a licensed agency for .e
adoption, unless the adoption is not completed within two years after
placement;
2
4U
DAY CARE CEITITRS-
A licensed hospital Whose psychiatric er chemic
.
-
is located within thp hospital;
MINNESOTA-
dependency brogram
a
A- nursing home, hospital, or bOardi
e horn-e, licensed by the state
ebrr m is si ouer of health, except that an identifiable unit of skit:4h a
facility which regulkly provides care for more than fivehatylieapped
persons must be licerisled-under sections 245.781 to 24518l3;,,
A day care or residential facility s rvir
fewer, than five physically Or
mentally handicapped adults;
A -day
care-
or
residential -program
serving
any
num er-
.
nonhandicapped adults7
A sheltered workshop day program, certified by the state board
education;
A work activity day prop ram, ce tified by the state board of education;
A Work-wage home providing care for one 'nonrelated child who has
reached his sixteenth birthday -and w d has been independently placed
for purposes of education or employment;
A school 'under
the
general supervision
the -commissioner of
education or a local educatiOn agency;
A residential or day care facility under the direct control and
supervision of a local education agency or a state agency other than the
corn missioner;
Day care provided for periods of no more than three hours per day for
y person while his relatives are in Ithe same building, or can be
present in the same building within 30 minutes;
4iu
DAY CARE CENTERS
MINNESOTA'
Facilities which in the judgment of the commissioner of education are
operated for the primary purpose of educating children shall be exempt
from these rules and regulations except insofar as the regulations
affect the health and safety of the children therein. The classrooms
shall meet the applicable standards of the commissioner of public
safety and state commissioner of health.
H3.
HHS Day Care Compliance
Not specified
120.
AGENCY RESPONSIBLE FOR LICENSING OF DAY CARE PROGRAMS
121.
Organization of the Administrative Unit
Commissioner
DEPARTMENT OF PUBLIC WELFARE
Deputy Commissioner
Assistant Commissioner
BUREAU OF SUPPORT OPERATIONS
.Director
DIVISION OF LICENS
s
County Licensing S
4 4
DAY CARE CENTERS
MINNESOTA
In Minnesota, the state supervises licensing which is county administered. The
state has delegated all licensing functions for family and group day care homes
to the counties. The state central office monitors and provides consultation to
the county staff for this function. The state central office has direct line
authority for the staff involved in licensing day care centers.
122.
Responsible Official
All inquiries should be addressed to:
Director, Division of Licensing
Bureau of SupportServices
Department of Public Welfare
Centennial Office Building, Fourth Floor
St. Paul, Minnesota 55155
(612) 296-2539
200. LICENSING PROCESS AND ENFORCEMENT PROCEDURES
210.
LICENSING PROCESS
21L
Promulgation of Re ulatiorm
MINN. ,TAT. ANN. §245.802 Rules; Regulations.
The commissioner shall develop and promL
to rules and regulations pursuant
to chapter 15 for the operation and maintenance of day care and residential
facilities and agencies, and for granting, suspending, revoking, and making
licenses probationary.
In developing rules and regulations, he shall consult
with:
Other appropriate state agencies including, but not limited to, he state
commissioner of health, the state board of education, and the fire
marshal. Any agency consulted is directed to cooperate with and assist
the corn missioher in developing appropriate rules and regulations for
the licensing of day care and residential facilities and agencies;
5112
DAY CARE CENTERS
Persons and the relatives of the p
MINNESOTA
use the service;
Advocacy groups;
Representatives of those who operate day care o
or agencies;
Experts in relevant professional fields.
idehtiel _ac
Rules promulgated under this section establishing the maximum number of
children permitted to reside in group foster homes shall require that children
in the group foster parents' natural family be counted in the number of
children actually residing in the group foster home, and the application of the
rules providing the maximum number and manner of counting residents shall
not be waived.
The commissioner shall conduct a comprehensive review of the rules and
regulations promulgated under Laws 1976; Chapter 243, Section 2 to 14 at least
once every five years.
212.
Adviso
See 211. Promulga
and Other Commi.mi
13
ation
of Regulations
220.
LICENSING PROCEDURE
22L
Application and Issuance
H Licensing Laws and Procedures.
APPLICATION FOR LICENSE SHALL BE MADE ON THE FORM ISSUED BY
THE STATE DEPARTMENT OF PUBLIC. WELFARE. APPLICATION MAY BE
OBTAINED FROM THE DEPARTMENT. APPLICATION FOR LICENSE IS
NOT COMPLETE UNTIL ALL SUPPORTING DOCUMENTS HAVE
BEEN
RECEIVED BY THE DEPARTMENT.
DAY CARE CENTERS
MINNESOTA
APPLICANTS FOR LICtNSURE SHALL MAKE CONTACT WITH THE
DEPARTMENT TO SCHEDULE PRE-LICENSING CONSULTATION.
AFTER APPLICATION FOR A LICENSE HAS BEEN APPROVED BY THE
COMMISSIONER, A LICENSE SHALL BE ISSUED GIVING PERMISSION FOR
OPERATIONk THE LICENSE SHALL BE ISSUED WITHIN 90 DAYS AFTER
RECEIPT OF THE APPLICATION AND ALL SUPPORTING DOCUMENTS.
FAILURE TO ISSUE A LICENSE WITHIN 90 DAYS SHALL CONSTITUTE
DENIAL OF APPLICATION. THE LICENSE SHALL STATE THE DATES OF
VALIDITY, THE MAXIMUM NUMBER OF CHILDREN TO BE PRESENT IN
THE PROGRAM AT ANY ONE 'TIME, THEIR AGES, AND THE HOURS OF
OPERATION. THE LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE
ON THE PREMISES.
THE TERMS OF THE REGULAR LICENSE ARE:
THE LICENSE IS ISSUED FOR UP TO TWO YEARS .AND IS NOT
TRANSFERABLE TO ANOTHER OPERATOR OR SITE.
THE LICENSE IS ISSUED AFTER THE CENTER HAS OPERATED
UNDER A PROVISIONAL LICENSE FOR A DESIGNATED PERIOD.
ANY CHANGES IN THE TERMS OF THE LICENSE MUST RECEIVE PRIOR
APPROVAL FROM THE DEPARTMENT.
THE LICENSE SHALL PRESCRIBE THE NUMBER AND AGES OF CH11,DREN
TO BE CARED FOR AND TI' HOURS AND DAYS OF OPERATION.
EVERY APPLICANT FOR A LICENSE SHALL BE FURNISHED WITH A COPY
OF THESE RULES. AND REGULATIONS.
DAY
CENTERS
MINNESOTA
o
SEPARATED LICENSES SHALL BE REQUIRED FOR PROGRAMS MAINTAINED
ON SEPARATE PREMISES EVEN WHEN -OPERA _-ED -UNDER THE SAME
AUSPICES.
A SEPARATE -LICENSE SHALL 14613 BE REQUIRED FOR
SEPARATE PROGRAMS OPERATED ON THE SAME PREMISES UNDER THE
SAME AUSPICES.
MINN. STAT. ANN. S245.783 Applications; Inspection.
No individual,
corporation,
partnership,
voluntary
association,
or
other
organization may operate a day care or residential facility or agency unless
licensed to do so -by the commissioner. No unlicensed individual or agency
shall receive a child for care or placement, place a child in foster care, assist
with plans for his placdment in foster care, or solicit money in behalf of the
agency. Application for license and renewal of license shall be made on forms
supplied by ,the
commissioner and
in the manner he prescribes.
The
-commissioner shall offer
cons-uktation,' assistance and information to all
applidants for licensure under Laws 1976, Chapter 243.
This shall include
information regarding regulations and requirements of other state agencies
and departments which affect the applicant, and shs,..1 a.,-tist applicants and
operators to meet and maintain requirements for licens,,
222.
Fee Charg
MINN. STAT. ANN. 3245.811 Fees.
The commissioner\ may charge a reasonable fee for the issuance or renewal of
a license except that no fee may be charged to a day care or residential
facility for the mentally retarded. In no event shall the fee exceed $150. Fees
may be waived at the discretion of the commissioner.
223.
Areas of Investigation
MINN. STAT. ANN. 5245.783 Applications; Inspection.
ki
The commissioner shall be responsible for processing applications for licensure
made under Laws 1976, Chapter
243.
State agencies and departments
413-
DAY CARE CENTERS
MINNESOTA
including, but not limited to, the state fire marshal, state building code, state
commissioner of health and state planning agency, which are involved in the
investigation and review of a facility or an applicant's qualifications shall
direct their employees to report directly to the commissioner on. these matters
and shall be subject to the rules promulgated by- the commissioner with respect
to the coordination of licensing and inspection functions.
This subdivision
relatesvonly to other state departments or agencies and confers no additional
powers or duties upon the commissioner respecting federal, 'county, municipal,
or other nonstate agencies. Nothing in this subdivision shall prevent the state
fire marshal from delegating inspection duties to local units of government.
Before issuing a license or renewing a license, the commissioner shall conduct
a study of the applicant and the agency or the day care or residential facility.
If the commissioner is satisfied that the provisions of Laws 1976, Chapter 243
and the applicable rules and regulations promulgated by him are substantially
met, a license shall be issued. If the results of the study indicat
that all of
the applicable laws, rules and regulations cannot be met immediately, but can
and will be met within on year or less, and the deviations do not threaten the
health, rights, or safety of persons to be served, a provional license shall be
issued for a period not to exceed one year from the date of issuance.
The commissioner may request advice fray' persons using the facility, agency,
or service, operators of a similar facility, agency, or service, and relevant
professionals as part of the evaluation of anapplicant.
DAY CARE CENTERS
224.
License Renewal
/V111411ESOTA
11 Licensing Laws and Procedures.
THE LICENSEE MUST REAPPLY FOR A RENE VAL LICENSE, THE
DEPARTMENT SHALL MAIL PRdPER NOTICE OP LICENSE- EFTATION
AND LICENSE RENEWAL FORMS NO LESS TIIAP 60 DAYS FOR TO
EXPIRATION OF THE LICENSE.
THE DEPARTIMENT SI-Lki..L MAKE
ARRANGEMENTS FOR THE RELICENSING VISIT TO DETERMINk -WHETHER
THE DEPARTMENT STANDARDS -CONTINUE TG-BE kr,
225.
Conditional/Provisional Licenses
11 Licensing Laws and Procedures.
A
PROVISIONAL
LICENSE
SHALL
BE
15SUip TO
.,"..LL NEW
GROUP-DAY-CARE ,CENTERS
FOR A
DESIGNATED
. PE 13,10Th
A
PROVISIONAL LICENSE MAY BE GRANTED FOR UP TO ONE YAR TO A
NEW GROUP- DAY -CARE CENTER THAT MEETS IECESSAWY-
HEALT4
AND SAFETY REQUIREMENTS BUT DOES NOT MEET LL RE t7
'-
FOR LICENSURE.
Satisfactory Compliance:
The health, nutrition, and safety requirements of Section V r
t be met,
except as noted.
The license is issued for a period of up to one year and shall not to renewed
after one year.
A plan for full compliance with standErds must accompany the app
liceroure.
Written notification of the granting of a provisional lic,enseby the iDepartment
must be made to the child care operator specifying the reason, duration, and
conditions for continuing and/or terminating the provisional licenses_ This will
include the plan that is required for full compliance.
4 1
10
DAY CARE CEItTERS
MIN
0 A
226.
Substantial
ompliance
II. Licensing Laws and Procedures.
REGULATIONS MAY BE WAIVED, WITH THE APPROVAL OF T11P.
DEPARTMENT, ACCORDING TO THE PROCEDURE ESTABLISHED - FOlii
SUCH WAIVER. WAIVER MAY BE GRANTED ONLY IF THE HEALTH At
'SAFETY-OF THE_CHILDREN ARE ENSURED,
Satisfactory Compliance:
A complete examination of the reasons p.nd purposes o
he waiver m
submitted to the State Agency at the time
application for licensure.
Waivers can be granted only in Writing
be signed prior to the beginning of program
The granting of a waiver shall not constitute a precedent.
only by the Department and mu =t
a ton.
230.
ENFORCEMENT PROCEDURES
231.
Facility Inspections
H Licensing Laws and Procedures.
PURSUANT
TO
MINNESOTA
STATUTES,
SECTION
257.012,
Tfirw
DEPARTMENT IS GIVEN THE RIGHT OF ENTRANCE AND PRIVILEGE Ti=,
INSPECT CENTERS DU ING HOURS OF OPERATION TO DETERMIN=
WHETHER STANDARDS
RE BEING MET. THE CENTER DIRECTOR OWI.
REPRESENTATIVE SHALL BE PRESENT. WHEN THE D ARTIVIENT MAKE S
A REGULAR LICENSING' VISIT.
MINN. STAT. ANN. S245.804 Inspection.
In exercising the powers of licensing, renewing, suspending, revokiv amr
malting licenses probationary, the commissioner shall study and
evaluett.---
operators
and
applicants
for
a
license.
To
carry out
these dutics
11
413
DAY CARE CENTERS
MrINTNESOTA
the commissioner shall__ employ civalified personnel who, insofar as
ssible, pre
knowledgeable about the operation of the types and characters 4=Di facilities
and agencies to be insi=reated. Authorized representatives of the
mmissione
may visit a day care cza.r residential facility or agency at any tirn
during the-
hours of operation fart purposes of the study and inspection.
Ira
conducting
evaluatiorm and inspee
"oro, the commissioner may call upon end receive
appropriate
asstanoeue
from
other
govern ental
agencies %within their
authorized fields.
Iro=crections may be made
hout prior not=ice to the
applicant or operator.
The operator or applient shall cooperate with the evaluation anti inspection
by providing access to 1tts facilities, records, and staff. Failure to omply with
the reasonable request_ s of the commissioner in connection with time study"and
inspection is cause for
revocation of license or for a denial of application. The
study and inspection =nay involve consideration of any facts, co...-nditions, or
circumstances relative
to the operation of the day care or r -sidea _lial facility
or agency, including
data on previous operation of a fa
ty
or service,
references, and other
information abou
the personnel ofthe fa,=.!ility or agency.
S
232.
Denial, Si
the character and quail .-ications of
Revocation of a License
H Licensing Laws and EProcedures.
ANY APPLICANT OR LICENSEE WHOSE LICENSE IS DENIED,
REVOKED,
OR NOT RENEWEr=,
MAY APPEAL TO THE COMM 7-TONER
IN
ACCORDANCE WIT11
MINNESOTA STATUTES 1969, CHAPTER
.
15.
THE
DEPARTMENT SHALL
NOTIFY BY CERTIkED MAIL ANY1741LurrY WHOSE
LICENSE IS DENIED,
REVOKED, OR NOT RENEWED._ THE GRO TiND5 FOR
THE DEPARTMENT'S ,eicTION AND PROCEDURES FOR PEHFEC'_ILl'ING SUCH
APPEAL SHALL BE SrFATED. THE LICENSE MUST BE RETURND TO THE
DEPARTMENT, AND Ass..LL ADVERTISING FOR THE CENTER MUST
CEA5E..
411)
12
DAY CARE CENTERS
MINNESOTA
MINN. STAT. ANN, §245.901
Revocation of License; Denial.
An applicant who has been cf-ienied a license
the department shall be given
prompt written notice there=,f, by certified mail to the address shown in the
application. The notice shEtil I contain a statement of the reasons for the denial
and shall inform
the applic -ant of. his right to appeal the decision to the
commissioner. Written notie of appeal must be mailed within 20 days after
receipt of the notice of degircial. Upon receiving a timely written appeal, the
commissioner shall give the Evipplicant reasonable notice and an opportunity for
a prompt hearing before an ittrapartial hearing examiner. The hearing examiner
-shall make a recominendaticzmn to. the commissioner of whether the applicant
shall' be denied or granted
either a license or a provisional
license.
The
commissioner shall not be
bound by the, recommendation of the hearing
examiner.
The
final clectslui_on of the commissioner shall be sent to the
Applicant by certified MO, es and shall inform the applicant of his rights under
chapter 15.
Failure of the commissioner
to ,approve or deny an application within 90 days
of receipt of a completed fimplication shall be deemed to be an approval of
license.
The commissioner may suspe-nnd, revoke, or make probationary a license if an
operator fails to comply withal applicable laws or the rules and .regulations of
the commissioner.
An° operator whose license tHale commissioner proposes to suspend, revoke, or
make probationary shall be liven notice by certified mail addressed to the
location shown on the license, e. The notice shall contain a statement of, and
the reasons for, proposed aet_on and shall inform the operator of his right to
appeal the decision to the commissioner, in writing, within ten days after
receipt of the notice of the p aropcGed action. Upon receiving a timely written
appeal, the commissioner eh...nall give the operator reasonable notice and an
opportunity for a prompt ihetuairing before an impartial hearing examiner. The
hearing examiner shall snake
a recommendation to the commissioner as to
DAY CARE CENTERS
MINNN OTA/
whether the license shall be suspended, revoked, or made _probationary.
However, if the commissioner finds that the health, safety or rights of the
persons served by the facility or agency are in imminent danger, he shall order
the immediate suspension of the license. The operator shall be given written
notice of the order by personal service. The notice shall contain a statement
of the reasons foi the suspension and shall inform the operator of his right to
petition the commissioner for reconsideration of the order. The petition shall
be in writing and shall be made withili five days after the personal service of
the order. Upon receiving a timely written petition, the commissioner shall
give the operator reasonable notice and an opportunity for a prompt hearing
before an impartial hearing examiner with respect to the order of suspensi
of the license. The hearing examiner shall make a recommendation to the
commissioner as to whether the order of suspension should be affirmed or
reversed. The cornmsioner shill not be bound by the recommendation of the
hearing examiner. The final decision of the commissioner shall be served on
the operator bx. personal service, and shall inform the applicant of his rights
under chapter 15.
At any hearing provided for by Laws 1976, Chapter 243, the applicant or
operator may be represented by counsel and has the right to call, examine, and
cross-examine witnesses. The hearing examiner is empowered to require the
presence of witnesses and evidence, by subpciena on the behalf of any party.
Each decision of a hearing examiner shall be in writing, shall contain findings
of fact and conclusions, and shall be mailed to the parties by certified mail to
their last known addresses as shown in the application.
An operator whose license has been revoked' or not renewed because of
noncompliance with applicable laws, or rules and
regulations may not be
griinted a new .license for five years following the revocation or denial of
renewal.
14
421
DAY CARE CENTERS
233.
Rem
233.1
Hearin
See 232. Denials
and E vocation
233.2 Decisions
See 232. Denial, Suspension, and Bevocati9n
233.3 Judicial Review
MINNESOTA
II Licensing -Laws and Procedures,
STATE LAW PROVIDES THM EVERY F=ERSON WHO OPERATES A
FACILITY REQUIRED TO BE LICENSED
PURSUANT TO MINNESOTA
STATUTES, SECTION 257.081 TEROUGH 257.--111,, WITHOUT A LICENSE, OR
WHO VIOLATES ANY PROVISON OF THOSE -SECTIONS, SHALL BE GUILTY
OF A MISDEMEANOR. ANY PERSON WHO
OFFERS OR ADVERTISES A
FACILITY REQUIRED TO BE LICENSED
PURSUANT TO MINNESOTA
STATUTES, SECTION 257.081 THROUGH 2 X7.111, PRIOR TO OBTAINING
SUCH A LICENSE, EXCEPT POR THE PL=RPOSE OF PRE-ENROLLING
STAFF AND/OR CHILDREN, OR WHO OFFERS OR ADVERTISES ANY
FACILITY D VIOLATION OF ANY PROVISIO=4 OF MINNESOTA STATUTES,
SECTION
257.081
THROUGH 257.111,
SEE-IALL
BE
GUILTY
OF
A
MISDEMEANOR.
MINN. STAT. ANN. 5245.803 Violations; Penall=ies.
The operation of a day care or residential faility or agency required to be
licensed under Laws 19767, Chapter 243, Sectians 2 to 14 without a license is a
misdemeanor punishable by a fine of not rnor
than $300. The commissioner
may seek an injunction in the district court against the continuing operation of
a day care or residential facility °regency:
tt- If the facility or agency is in violation of Laws 1976, Chapter 243,
Sections 2 to 14
of of the rules and regulations promulgated by the
commissioner and the operator has faile1 to correct the violation within
30 days of receipt of a 'Written order to (Mho so; or
ICT
15
2
DAY CARE CENTERS
MINNESOTA
If an operator has willfully failed to apply for a license or renewal of
license.
Proceedings for securing injunctions may be broughtrby the attorney general,
or by the appropriate county attorney.
Any individual who advertises a facility required to be licensed pursuantqo
Laws 1976, Chapter 243, Sections 2 to 14 prior to obtaining a license is guilty
of a misdemeanor.'
The sanctions provided in Laws 1976, Chapter 243, Sections 2 to 14 are
cumulative, and shall not be construed as restricting any sanctions otherwise
available.
MINN. STAT. ANN. 3245.805 Fines.
Whenever the commissioner finds, upon inspection of a facility, that the
operator is not in compliance with an applicable law or rule or reglgation, a
correction order shall be issued to the operator. The correction order shall
state the deficiency and deficiencies, cite the specific law or regulations
violated, and specify the time allowed for correction.
If, upon reinspection, it is found that the operator has not corrected the
deficiency or deficiencies specified in the correction order, the operator may
be required to forfeit to the state within 15 days a sum of up to $250 for each
deficiency not corrected. A forfeiture order may be appealed in accordance
with the procedures set forth in section 245.801. All forfeitures shall be paid
into the general fund.
Any unpaid forfeitures may be recovered by the
attorney general.
42 -)
16
DAY CARE CENTERS.
MINNESOTA
300. ADMINISTRATION
310.
t ENERAL ADMINISTRATION
311.
Gineral Administrative Requirements
II Licensing Laws and Procedures.
WHEN THE GROUP-DAY-CARE CENTER DECIDES TO TERMINATE ITS
SERVICE, NOTICE OF THE CLOSING MUST BE SENT TO THE DEPARTMENT
AND THE LICENSE MUST BVETURNED.
_ THE NAME "SCHOOL" MAY BE USED ONLY BY PROGRAMS HAVING A
MINIMUM OF ONE TEACHER CERTIFIED BY THE MINNESOTA STATE
DEPARTMENT OF EDUCATION.
ONES CERTIFIED NURSERY SCHOOL
TEACHER MUST BE PRESENT DURING THE mAa-oR PART OF THE
PROGRAM FOR EVERY 20 CHILDREN.
V Health, Nutrition, and Safety.
THE DIRECTOR OF EACH PROGRAM SHALL BE TtESPONSIBLE FOR
OBSERVATION
OF
HEALTH AND DEVELOPMENT OF
CHILDREN,
HANDLING ILLNESS AT THE CENTER, ACCIDENT PREVENTION AND
EMERGENCY PROCEDURES, KEEPING HEALTH RECORDS COMPLETE,
AND INFORMING PARENTS ABOUT COMMUNITY RESOURCES.
Satisfactory Compliance:
The director Flay perform the specified activities, or he may delegate
-e
duties to another paid staff member.
The person responsible for health shall demonstrate skill in record-keeping,
communication of health policies, and referral to community resources within
one year after licenstre.
DAY CARE CENTERS
MINNESOTA
VII Staff.
THE DIRECTOR SHALL MAKE ARRANGEMENT
N ADVANCE FOR
SUBSTITUTE STAFF.
Organization and Admini
ation:
A GROUP-DAY-CARE PROGRAM SHALL HAVE WRITTEN POLICIES
AVAILABLE FOR INSPECTION BY THE DEPARTMENT. THESE POLICIES
SHALL BE MADE AVAILABLE TO PARENTS AND STAFF MEMBERS.
Satisfactory Compliance:
There shall be written policies covering the following areas:
The type of program offered to children and their parents.
The ages and numbers of children in each age group to be served.
Hours of operation.
Days of operation.
Meals and snacks to be served.
Provisions that can be made for special needs of individual children.
Admission requirements and enrollment procedures.
Affirmative action plan.
Plan for parent information.
Plan for substitute staff.
Insurance coverage.
Procedures for the handling of sick children.
ProvisiOn3 for ffiness and emergency care.
Accident prevention procedures.
Requirements about personal belongings brought to the center.
Transportation arrangements.
Permission for
Personnel policies.
Fees and the plan for payment.
18
425
DAY CARE CENTERS
MINNESOTA
VIII Organization and Administration.
LEGAL RESPONSIBILITY AND ADMINISTRATIVE AUTHROITY
CLEARLY DEFINED FOR EVERY GROUP-DAY FAcmrry,
T HE
Satisfactory Compliance:
The name, address, and telephone number of the individual or governing body
legally Lesponsible for the center shall be supplied to the licensing agent.
The legally responsible individual or group shall be held accountable for:
Determining and implementing policies.
The performance of the 21" ector of the program.
Adequate financing to carry out the planned program.
The adherence to all
and regulations that affect the program and
the facility.
Reporting any suspected instances of child abuse or neglect.
WITHIN
48 HOURS AFTER THE OCCURRENCE OF AN UNUSUAL
ACCIDENT, SUCH AS THE DEATH OR SERIOUS INJURY OF A CHLD, A
REPORT SHALL BE SUBMITTED TO THE DEPARTMENT.
A' SERIOUS
INJURY
SHALL
BE
DEFINED
AS
ONE
THAT
REQUIRES
THE
HOSPITALrzATION OF THE CHILD.
A REPORT SHALL ALSO BE
SUBMITTED FOLLOWING THE OCCURRENCE OF A FIRE THAT REQUIRES
THE SERVICES OF THE FIRE DEPARTMENT.
A GROUP-DAY-CARE PROGRAM MUST ESTABLISH AND MAINTAIN
REQUIRED RECORDS.
ALL PERSONAL RECORDS MUST BE KEPT
CONFIDENTIAL.
DAY CARE CENTERS
MINNESOTA
Satisfactory Compliance:
The following shall be made available to the licensing agent:
Daily attendance records for children.
Current staff records containing, as a minimum, identifying and
emergency information, hea1th clearances, education, experience, and
current training, and terms of employment.
4
List of
current staff members.
List of available substitute staff
4
Staffing pattern showing staff-to-child ratios during hours of
rat
n.
312.
Telephone
V Health, Nut
, and Safety.
EVERY FACILITY MUST HAVE A NON -COIN OPERATED PHONE THAT IS
READILY ACCESSIBLE.
A LIST OF EMERGENCY NUMBERS SHALL BE PROMINENTLY POSTED BY
THE TELEPHONE: POLICE, FIRE, DOCTOR, AMBULANCE, HOSPITAL.
313.
Proof of Operator Financial Capabilities
Not specified
314.
Insurance
VIII Organization and Administration.
GROUP-DAY-CARE CENTERS SHALL PROVIDE INSURANCE COVERAGE.
20
DAY CARE CENTERS
MINNESOTA
Satisfactory Compliance:
A certificate of insurance shall be obtained showing the following:
General liability coverage for bodily injury
($100,00 per perso
$300,000 per suit).
Automobile insurance, where transportation is provided by the center,
including secondary coverage on automobile owned by staff member and
used'to transport children ($100,000 per person; 1300,000 per suit).
Workmen's Compensation and Unemployment Insurance.
320,
PERSONNEL
321.
Publication of Pe
VII Staff.
EACH CENTER WITH r MORE THAN ONE STAFF MEMBER M T SET
PERSONNEL POLICIES RELATING TO HEALTH, WORKING, CONDITIONS,
INN- SERVICE TRAINING, PROBATION PERIOD, EVALUATION, SICK LEAVE,
VACATION, BENEFITS, AND SALARY INCREMENTS.
POLICIES SHALL
COMPLY WITH APPROPRIATE STATE AND FEDERAL LAWS.
Satisfactory Compliance:
Each center with more than one staff member must have a written statement
of personnel policies. This statement shall include:
Policies in accordance with Fair-Employmerit laws an regulations.
Job description for all staff.
Description of probation period and method of staff evalua
A clearly defined in-service training program:
Policies on hiring, firing, promotions, and salary increments.
42
DAY CARE CENTERS
MINNESOTA
322.
Constraints Against Employment
VII Staff.
ALL PERSONNEL IN REGULAR CONTACT WITH CHILDREN, INCLUDING
VOLUNTEERS AND DRIVERS, SHALL BE PHYSICALLY, MENTALLY, AND
EMOTIONALLY COMPETENT TO CARE FOR CHILDREN AND FREE FROM
SERIOUS COMMUNICABLE DISEASE.
Satisfactory Compliance:
No person shall be hired or retained as a staff member
has:
id or volunteer, who
Been convicted of or admitted to or been the subject of substantial
evidence of an act of child battering; Child'abuse, or child molesting.
Used alcohol or dugs such that its effects are apparent during working
hours that children are in care, or
Been convicted for or admitted to any felony or any offense involving
moral turpitude.
330.
NON-DISCRIMINATION
Requirements Prohibiting Discrimination
II Licensing Laws and procedures.
NO PROGRAM MAY DISCRIMINATE IN ADMISSIONS OR DEMISSIONS ON
THE BASIS OF RACE, SEX, RELIGION, CREED, COLOR, NATIONAL
ORIGIN, OR SOURCE OF PAYMENT. IN EMPLOYMENT OF STAFF, NO
PROGRAM MAY DISCRIMINATE ON THE BASIS OF RACE, CREED, COLOR,
NATIONAL
ORIGIN,
RELIGION,
OR S; X.
NO PROGRAM MAY
DISCRIMINATE ON THE BASIS OF PHYSICAIIAND /OR MENTAL HANDICAP
WHEN THE HANDICAP DOES NOT PREVENT FULFILLMENT OF NORMAL
JOB RESPONSIBILITIES.
423
DAY CARE CENTERS
MJNNESOTA
Satisfactory Compliance:
When applying for licensure, every center shall submit:
A signed statement about non-discriminatory admissions hiring policy.
An implementable affirmative action plan designed to recruit minority
children and staff where such minority groups are a part of the
community.
No otherwise eligible child can be excluded on the basis of the specified
haracteristics, except:
A program established to serve "low-income children may give first
priority to children of this group only but shall not discriminate within
this group.
A program established to serve children of a particular religious faith
may serve those children only but may not discriminate within the
group. The program may not discriminate against children from other
religious groups when a portion of their fund is derived from public
sources.
Employment practices shall be based on bona fide occupational qualifica
Employers shall not discriminate on the specified characteristics by
Refusing to hire a qualified applicant,
Discharging a qualified employee,
Maintaining a system of employment that unreasonably excludes an
applicant, or
Establishing differences in tenure, compensation, terms of employment,
upgrading, conditions of work, facilities, or privileges of employment.
23
43 0
DAY CARE CENTERS
MII NESOTA
340.
RECORDS REQUIREMENTS
Children
V riea.ith, Nutrition, and Safety.
THE CENTER MUST REQUIRE A HEALTH ST TEMENT SIGNED BY EACH
CHILD'S SOURCE OF MEDICAL CARE. THE ENTER MAY REQUEST TWAT
A CHILD HAVE A NEW PHYSICAL EAMINATI N.
Satisfactory Compliance:
The center shall have on file the name and address of each child's source of
regular health supervision and %Health Care Summary for each child.
If a child's Health Care Summary is not complete at the lime of em-bllinent or
within 30 days'after enrollment, the child shall be excluded from the program.
If a childls immunizations are not up-to-date at the time of enrollment,
'3 )
evidence of a plan to get them up-to -date must be on file at the center within
30 days after receipt of the child's Health Care Summary, or the child shall be
excluded from the program.
a tuberculin skin test or X-ray is positive, evidence of satisfactory
treatment or follow-up must be recorded.
If parents of a child object to medical examination or treatment, on grounds of
their religious beliefs, the child's record shall contain a Health Care Summary
completed by the parents and a statement signed by the parents indicating
their objections to medical examinations and treatments on grounds of
religious beliefs.
24
431
DAY CARE CENTERS
MINNESOTA
342.
Staff
See 311. General Administrative Requirements
343-
Child Eligibility
d Enrollment Requirements
VI Admissions.
EACH PROGRAM SHALL HAVE AN ADMISSION POLICY THAT SPECIFIES
THE AGE RANGE OF CHILDREN BEING SERVED:
INFANTS: SIX WEEkS THROUGH 15 MONTHS
TODDLERS: 16 MONTHS THROUGH 30 MONTHS.
PRESCHOOL: 31 MONTHS THROUGH FIVE YEARS.
PRIMARY: SIX YEARS THROUGH EIGHT YEARS.
INTERMEDIAW NINE YEARS THROUGH TWELVE YEARS.
ADMISSION PROCEDURES DEVELOPED MUST PROVIDE THE CAREGIVER
WITH SUFFICIENT INFORMATION AND INSTRUCTION FROM THE PARENT
TO ENABLE THE CAREGIVER TO MAKE DECISIONS OR ACT IN BEHALF
OF THE CHILD'S WELFARE IN THE ABSENCE OF THE PARENT.
Satisfactory Compliance:
Prior to admission of the child, the Yaregiver shall obtain written information
from the person or persons legally responsible for the child covering the
following items:
The child's fill' name, birth-date, and current address.
The name and address of the parent or parents, or of the person(s)
legally responsible for the child.
Telephone number or instructions as to how the person(s) responsible for
the child may be reached when the child is in the day care program.
Names
Pe
authorized to take the child from the day care
facility and their address, and persons not so authorized.
432
DAY CARE CENTERS
MINNESOTA
f
Name, address, and telephone number of the health care source to be
called i
case of emergency.
S
Names, airesses, and telephone numbers of person(s) who can assume
respon
emergency.
ity for the child if the parent cannot be reached in an
Health statement and immunization data
Signed authorization to the effect that the parent gives permission to
the center to act in an emergency situation when the parent cannot be
reached or is delayed in arriving.
Written
permission
for
participation
in
specific
research,
experimentation, or publicity activities.
Written permission
for
the child to participate
in activities
not
sponsored by the center.
Permission. must include type of activity,
location, dates, and times of the activity.
Special diet needs.
ADMISSION POLICIES AND RROCEDURES MUST ENSURE INITIAL AND
CONTINUING COMMUNICATION BETWEEN THE FAMILY AND THE
FACILITY
TO
ASSURE
COMPATIBILITY
IN
THEIR
MUTUAL
RESPONSIBILITY FbR THE CHILD'S WELFARE,
Satisfactory Compliance:
A plan for. admission of the child that includes a pre - admission contlirence
with parent and child.
A plan for continuing contact between the parents and the center.
344.
Child Abuse Reporting
Not specified
-26'
4:
DAY CARE CENTERS
MINNESOTA
345.
Confiden -ali
o_ Records Re uiremen S
VIII Organization and Administration.
ALL PERSONAL RECORDS MUST BE-KEPT CONFIDENTIAL.
400. GROUP COMPOSITION
410.
STAFF/CHILD RATIO REQUIREMENTS
411.
Staff /Child Ratio as of
_eh
OF CHILDREN
VII Staff.
STAFF RATIO MUST BE MET AND MAINTAINED BY OPERATORS OF ALL
PROGRAMS: APPROPRIATE DISTRIBUTION OF STAFF SHALL INCLUDE A
TEAM THAT HAS INDIVIDUALS WITH COMPETENCIES OF A TEACHER,
ASSISTANT TEACHER AND CHILD CARE ASSISTANT.
VOLUNTEERS
UNDER SUPERVISION MAY BE COUNTED IN THE STAFF RATIO. THE
STAFF MEMBER MUST BE WITH THE CHILDREN TO BE INCLUDED LN THE
STAFF-TCHILD RATIO. WHEN THERE ARE CHILDREN OF DIFFERENT
AGES IN NE SAME GROUP, THE RATIO FOR THE YOUNGEST AGE GROUP
SHALL PREVAIL. JANITORS AND BUS DRIVERS SHALL NOT BE COUNTED
IN THE STAFF RATIO WHEN PERFORMING THESE DUTIES.
431
DAY CARE CENTERS
Satisfactory Compliance:.
Infants;
six weeks through 15 months.
MINNESOTA
Staff Ratio:
one to- our.
Group Size: no more than eight in an activity group.
Staff Distribution:
one teacher for every 16 children,
one teacher or assistant teacher for every gro
child care assistants and volunteers as needed to meet
staff ratio.
Toddlers: 16 months through 30 months.
Staff Ratio: one to seven.
Group Size: No more than 14 children in an activity group.
Staff Distribution:
one teacher for every 28 children,
one teacher or assistant teacher for every group,
child care assistants arid volunteers
needed to meet
staff ratio.
Preschool
31 months through five years.
Staff Ratio: one to ten.
Group Size: No more than 20 children in an activity group.
Staff Distribution:
one teacher for every 40 children,
one eacher or assistant teacher for every group,
d care assistants
nd volunteers as needed to meet
staff ratio.
28
,)
435
DAY CARE CENTERS
Note: There shall be no more tha
activity_gr oup of 20 children.
School -Ate:
Staff Ratio:
Group Size:
Staff Distrib
ten two -and-one-he
'MINNESOTA
ear olds in
six years through twelve years.
one to 15.
No more than 30 children in an activity group.
ution:
one teacher for every 60 children,
one teacher or assistant teacher for every group,
child care assistants and volunteers as need
staff ratio.
o meet
IN CENTERS PROVIDING SLEEP CARE OF FOUR TO FIVE J1OURS OR
MORE, STAFF RATIOS SPECIFIED IN VII.D. SHALL HE MAINTAINED UNTIL
THE CHILDREN ARE SETTLED FOR SLEEP.
WHILE CHILDREN ARE
SLEEPING, A MINIMUM NUMBER OF ADULTS MUST REMAIN AWAKE AND
AVAILABLE TO THE CHILDREN THROUGHOUT THE SLEEP PERIOD.
Satisfactory Compliance:
One adult for every four sleeping infants but no fewer than
o adults for the
center.
One adult for every ten sleeping
diem
but no ewer than two adults for the
center.
One adult for every 20 sleeping preschoolers but no fewer than two adults for
the center.
One adult for every 26 sleeping' school-age children but no fewer than two
adults for the center.
'9
DAY CARE CENTERS
412.
Methods of Computing Staff/Child Ratios
See 411. Staff /Child Ratio as of March 1981
420.
GROUP srzE
421.
Grow Size as of March, 1981
See 411. Staff/Child Ratio as of March, 1981
422.
Methods of Computing Group Size
See 411. Staff/Child Ratio as of March, 19 81
MINNESOTA
500. STAFF QUALIFICATIONS AND TRAINING .REQUIREMENTS
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
AIN
Not specified.
512.
Health
VII Staff.
ALL PERSONNEL IN REGULAR CONTACT WITH CHILDREN, INCLUDING
VOLUNTEERS AND DRS, SHALL BE PHYSICALLY, MENTALLY, AND
EMOTIONALLY COMPETENT TO CARE FOR CHILDREN AND FREE FROM
SERIOUS COMMUNICABLE DISEASE.
Satisfactory COmpliance:
References must be required by the director
to their ability to care for young children.
m all child care staff relating
Prior t
employment, the paid employee must submit a statement signed by his
source of medical care and based on a thprough examination within three
months. Statements must be submitted every two years thereafter.
437.
3o
DAY CARE CENTERS
A
MINNESOTA
All staff must submit
evidence
of
freedom from
tuberculosis
before
employment and annually.
A probation period must be set for new employees, during which physical,
mental and emotional competence to care for children
is evaluated and
discussed with the employee by the employer.
Employees with communicable disease presenting air important health hazard
to the group shall be excluded.
Educa
VII Staff.
EACH STAFF- PERSON MUST BE APPROPRIATELY QUALIFIED THROUGH
TRAINING, EXPERIENCE, AND PERSONAL QUALITIES FOR THE AGE
GROUP AND CULTURAL BACKGROUND WITH -WHICH HE WORKS.
Satisfactory Compliance:
Teacher - Alternatives for Qualification
,TRAINING
EXPERIENCE
NUMBER OF
ACCREDITED
CHILD DEVELOPMENT
TRAINING COURSES
OR HOURS
a. Post-secondary certificate
in Child Development
Assistant Training Program PLUS
(minimum of 1080 hours)
One year (1560 hours)
Assistant Teacher***
1, course
or
PLUS 30 hours
OR
b. (no requirement)
PLUS
Two years (3120 hours)
Assistant Teacher**
PLUS
3 courses
or
90 hours
DAY CARE CENTERS
OR
c. BA or BS in any field fro
% an accredited college or
university
PLUS
MINNESOTA
PLUS / 6 courses
or 180
hours (Ma:
be include
as put of
BA or BS
degree)
OR
d. A degree in Child Develo
ment or Nursery Kinder-
garten Education from
PLUS
an accredited college
or university
OR
e. Certification by the State
Department of Education
PLUS
for Nursery School
ORf. Compliance with the
competency level
requirements of Child
Development Associate
(no requirement)
(no requirement)
(no requirement)
(no requirement)
OR
g. INFANT- TODDLER ONLY
(no requirement)
Three years (4680 hours)
PLUS
as a licensed Family Day
3 courses
Care Provider or Group
or
Family Day Care
90 hours
Provider
OR
h. SCHOOL-AGE ONLY
Certification by the
State Department of
Education for Elementary
or Secondary Education
(no requirement)
(no requirement
SCHOOL-AGE ONLY - Six months (600 hours) experience in a related field (e,
playground leader, tutor, student teaching, teacher's aide).
INFANT-TODDLER ONLY - Three months (480) hours of required experience m
be in an infant and/or toddler program.
32
43
DAY CANE CENTERS
Satisfactory Compliance:
Assistant Teacher - Alternative for Qualification
MINNESO
TRAINING
EXPERIENCE
NUMBER OF
ACCREDITED
CHILD DEVELOPMENT
TRAINING COURSES
OR HOURS
a. Post-secondary certificate
in Child Development
PLUS
Assistant Training Program
(minimum of 1080 hours)
(no requirement
OR
b.
no requirement)
Six months (780 hours)
as Child Care
PLUS
3 tours_ s
Assistant (Child Care)
or
Aide) or Student Teacher
90 hou
OR
c. Two years of post - secondary
education
PLUS
PLUS
3 courses
or
90 hours
OR
d. INFANT-TODDLER ONLY
Six months (780 hours)
with infants and/or
PLUS
3 courses
toddlers as a licensed
or
family Day Care Provider
90 hours
or a Group-Family Day
Care Provider
OR
e. SCHOOL-AGE ONLY
One year (1200 h urs)
in a related field
(e.g., playground
leader, tutor, student
teaching, teacher's
aide).
(no requirement)
INFANT - TODDLER ONLY
150 hours of experience in an infant and/or toddler
program.
3441
DAY CARE CENTERS
514.
Experience
See 513. Education
520.
PROGRAM DIRECTOR QUALIF
ATIONS
52L
Awe
MINNESOTA
VII Staff.
EACH STAFF PERSON MUST BE APPROPRIATELY QUALIFIED THROUGH
TRAINING, EXPERIENCE, AND PERSONAL QUALITIES FOR THE AGE
GROUP AND CULTURAL BACKGROUND WITH WHICH HE WORKS.
Satisfiictory Compliance:
Director (of all programs): Person or persons responsible for administration of
a program must have administrative and supervisory experience or capability
as well as knowledge of program, staff relationships, and day care operations.
Administrators with teaching duties must also possess the qualifications of a
teacher. The director shall be at leAst 18 years of age and shall be mature
responsible person.
522.
Health
See 512. Health
523.
Education
See 513. Education
524.
Experience
See 513. Education
441
DAY CARE CENTERS
530.
SUPPORT STAFF QUALIFICATIONS
V11 Staff.
EACH STAFF PERSON MUST BE APPROPRIATELY QUALIFIED THROUGH
TRAINING, EXPERIENCE, AND PERSONAL QUALITIES FOR THE AGE
GROUP AND CULTURAL BACKGROUND wail WHICH HE WORKS.
MINNESOTA
Child Care Assistant (Child Care Aide) for all age grouping:
The following alternatives are available for qualification: High school
vocational child care training course, or orientation training course in
the center.
The Child Care Assistant must be at least 15 years of age.
Volunteers for all age groupings: 'l'o be counted in the staff- to-child ratio,
volunteers must:
Be at least
years of age.
Participate in an orientation to the pro
Participate in any in-service training given to paid staff by the center.
540.
POST EMPLOYMENT/IN-SERVICE:
ND TRAIN' G
541.
Program Director
VII Staff.
STAFF DEVELOPMENT TRAINING FOR ALL REGUALR ADMINISTRATIVE,
TEACHING AND SUPPORT SERVICES STAFF MEMBERS, INCLUDING
VOLUNTEERS, MUST BE A PART OF EVERY CENTER'S EDUCATIONAL
PROGRAM.
DAY CARE CENTERS
MINNESOTA
Satisfactory Compliance:
Each center shall be responsible for working out a plan with each staff person
With direct teaching responsibilities or direct responsibility for supervision of
that staff, e.g., director, 'for a minimum of the equivalent of 2
of his/her
work hours to be spent in staff development.
This training can be provided by individual centers, a sponsoring agency,
community sources, local school systems,
professional
groups,
colleges,
toiversities, or area vocational school.
All other administrative staff, volunteers not counted in staff ratios, and
support staff, e.g., cook, bus drivers, must receive an orientation to the
program including appropriate licensing -standards within the two weelm of
employment.
542.
Child Caregiver Splif
See 54L Program Director
543.
Support Staff
See 541. Program Director
600. PROGRAM OF ACTIVITIES INCLUDING EDUCATION
610.
PROGRAM REQUIREMENTS
Program of Activ
1V Program.
A GROUP-DAY-CARE PROGRAM MUST SHOW EVIDENCE, IN WRITING, OF
PROVISION FOR THE PHYSICAL, INTELLECTUAL, EMOTIONAL, AND
SOCIAL DEVELOPMENT OF THE CHILD. EVERY PROGRAM SHALL HAVE
INTERNAL CONSISTENCY OF GOALS, OBJECTIVES, AND ACTIVITIES.
EVERY PROGRAM SHALL PROVIDE A MINIMUM OF EQUIPMENT AND
MATERIALS.
4.1
36
DAY CARE CENTERS
MINNESOTA
Satisfactory Compliance:
A written program plan that can be implemented and is observable shall be
available for review by the Department. The program plan shall show how the
program intends to meet the physical, intellFctual, emotional, and social needs
of every child. The program plan shall include appropriate ethnic, linguistic,
and cultural. variations.
The program shall submit a schedule of routine daily activities.
The group - daycare center shall organize an environment indoors and outdoors
that provides a wide range of mat(etiaLs to meet the varied developmental
levels and cultural backgrounds of children, such as:
Construction:
blocks, sand
table, workbench, water
play,
trucks,
construction sets
Dramatic Play: playhouse, puppets, phones
Art: easel, paints, chalk, crayons, clay
Ponder Play:
flannel boards, chalkboard, pegboard, puzzles,
beads
matching games
Science Learning: plants, animals, magnets, gears
Library: books, audio-visual materials
Music: rhythm instruments, tapes, records
Place To Be Alone: a corner or chair where a child can be by himself
Physical Development:
climbing bars, balance bars, tumbling mats,
tunnels for crawling
The program plan shall include both indoor anc outdoor acti
An inventory of minimum equipment shall be submit ed as specifil is
Appendix A (Minimum Equipment and Supplies).
DAY CARE CENTERS
MINNESOTA
612.
Pro_gram Equipment and Materials
III Facility.
OUTDOOR PLAY SPACE SHALL BE EQUIPPED FOR ACTIVE LARGE
MUSCLE PLAY.
APPENDIX A
MINIMUM EQUIPMENT AND SUPPLIES
PRESCHOOL PROGRAMS
FOR EV
ERY 20 CHMDREN
(Quantity of equipment is to increase in proportion
to licensed capacity of facility)
PROVISIONAL LICENSE
PROGRAMS
REGULAR LICENSE OPERATING LESS
(additional equip-
THAN FOUR HOU:
m ent and suppli es)
(exceptions
permitted)
Furniture
1.
Sufficient tables and chairs
with backs for children (one
chair per child - no folding
chairs).
2. One cot per licensed capacity_.
3. First-aid kit.
4. Cot with blanket (for ill
child).
5.
Chairs with backs (for staff).
6. Low open shelves and bookcases
(one foot per child).
7. Space/equipment for mainte-
nance of children's records.
8. Individual spaces for outer
clothing.
9. Area rug or carpeting.
Active,
large-
muscle
play: (for
indoors)
1.
Large building blocks (may be
1.
of non-durable material) - at
least 24.
2. Two pieces of durable large-
muscle equipment per every
20 children such as:
climber
38
Durable large
building blocks
- at least 48
per every 20
children.
Three pieces of
durable large-
2. Mats insteac
of cots.
DAY CARE CENTERS
MINNESOTA
Active,
1.
large-
muscle
play; (for
outdoors)
Art and
music
vities
rocking boat
triangle set
tunnel
walking plank
Two pieces of durable large-
muscle eqUipment such mss
climber
swing-
slide
sand l=nox
large wheel toys
1.
Phonograph.
2. Records- at least six
3. One d uble easel.
Dramatic
1.
Small blocks (at least 2I:=)0
Play:
pieces).
2. Three small durable
portation toys.
3. One spontaneous ctrarnaTrdc play
area with at least two
:.ieces
of permanent evipmenlIrt:
pretend area
work bench (wood-work
and
tools) housekeeping areist:
e.g., doll bed, stove, sinl7k,
refrigerator, cupboard, etc.
Accessories: dolls, distiis,
pots and pans.
Ponder
Play
1.
Books- one per every
2. Puzzles one per every four
children.
3.
Cognitive games - one p=oer
every our children: e.g._,
number concepts, letter
con-
cepts, shape concepts, maize
concepts, color concept:.
2.
3.
4.
2a.
3.
4.
muscle eqt.dp-
ment per every
20 children.
Three pieces of
durable large-
muscle equip-
ment.
Double easels -
one for each
15 children.
Rhythm band.
Records - at
least ten.
Six small
durable trans-
portation toys
per every 20
children for
block area.
At least two
areas for spon-
taneous drama-
tic play, each
having at least
three pieces of
equipment.
At least one
full-length
mirror.
Dress-up
clothes.
Two per every
child.
One per every
two children.
Puzzle rack.
One per every
two children.
Sciente items:
e.g., magnet,
magnifying
glass, pets,
plants.
DAY CARE CENTERS
MINNESOTA
Expendable I.
supplies:
2.
3.
4.
5.
6.
7.
8.
9.
Fine-motor I.
develop-
ment:
Language
develop-
ment:
2.
Clay or playdough.
Tempera or finger paints (non=
toxic).
Paper (colored and white).
Paste (non-toxic).
Scraps - collage materials.
Paint brushes.
Crayons.
Blunt Scissors.
Aprons - smocks.
Manipulative toys - one per
every four children: e.g.,
.
pegs and pegboards, beads and
strings, interlocking plastic
forms.
Sand or water play equipment.
I.
Pictures.
2. Bulletin boards.
3. Flannel board and flannel
sets.
Food
1.
service
supplies:
Dishes, silverware, and cups
if meals are to be served.
One per every
three,children
UM EQUIPMENT AND SUPPLIES - INFANT AND TODDLER PROGRAMS
FOR EVERY 20 INFANTS AND TODDLERS
(Q
ntity of equipment is toincrease in proportion
to licensed capacity of facility)
INFANT PROGRAMS
TODDLER PRO
Furniture
I.
Sufficient infant-sized tables
end chairs with backs for
infants able to sit alone. One
chair per infant; no folding
chairs.
2.
One crib with mattress and
blanket per infant in atten-
dance.
40
44
I.
Same as furniture fcw pre-
school programs Olin:
2.
Training chairs.
DAY CARE CENTERS
M_ NESOTA
3.
Ten-unit first-aid liff<it.
4.
Crib with mattres
and blanket
for ill infant.
5.
Chairs with backs 4,-(for staff).
6.
Lbw open shelveg end bookcases
(one foot per chget I).
7.
Space and equiprint for mainte-
nance of childreri= records.
8.
Adult rocker.
9.
Individual space fcma outer
clothing.
10.
High chairs.
IL
Infant seats.
12.
Baby walkers.
13.
Bathing tub.
13.
Bathing tub.
A4. Changing table with changeable
covering.
14.
Changing table with
changeable covering.
15.
Diaper pail with limners.
15.
Diaper pail with liners.
16.
Area rug or carpet
Ting.
17.
Play pens.
18. Gates as needed for
safety.
18.
Gates as needed for
safety.
Active
large-
muscle
1.
Large building blotlr..s (may be
of non-durable maMerial) - at
least 20.
Same as Preschool Programs.
play:
2.
Five
of durble large-
2.
Five pieces of durable,
large-muscle equipment
for every 20 toddlers,
such as
pieces
muscle equipment
for every 20
infants such as
Baby bouncers
Large turning bap=
Two-step slide
Body wheels
Rocking boat
Riding stools
Indoor gym horse
3.
Large open plastic
ball.
4.
Water-play equipta__ ent.
Art an
music
activities
Phonograph.
Records - at least
six.
Musical pull-toys.
Same as preschool progra
4.
Rattles.
5.
Drum (without stilcs).
FINE MOTOR L
DEVEIJOITENT
Matching and feeli-=ig toys
one
.per every two chilc=iren, such
as
plastic clutch toys
form toy_ s
rattles
pull toys
feeling balls
41
Same as preschool programs.
DAY CARE CENTERS
MINNESOTA
2,
l l anL pulati ve toys - one per
ever' two children such as
teettaii.ng toys
Wool en rattles
sl-iap
toys
clutch balls
Language
I.
Piett_wes.
development
2.
Bull-tin boards.
L
For each crib: bumpers, sheets
(Craot
on plus rubber and/or
LINENS AND
SUPPLIES:
Same as preschool programs.
Same as preschool programs.
2.
plasma c), blankets.
Bath
towels.
3.
Wall* cloths.
3.
Wash cloths.
4.
Vbiap-vers
4.
Diapers_!_
5.
Covmr(s) for changing table.
6.
Sterile cotton balls.
7.
F racial tissues.
7.
Facial tissues.
8.
Soap
8.
Soap,
9.
Petrleum jelly or bland
diapr-rash ointment.
9.
Petroleum jelly or bland
diaper-rash ointment.
10.
Ituhtzwer-bulb ear syringe with
613.
blunt plastic or rubber tip.
Provision
III Facility.
A COT OR CRIB MUST BE PROVIDED FOR EACH CILD TAKING A NAP IN
A PROGRAM THAT
INCLUDES A REST.
ADEQUATE SPACE AND
ACCESSIBILITY OF EXL-T MUST-BE MAINTAINED.
Satisfactory Compliatna=
Infants must be providici with cribs or padded plaype_
regardless of type or
duration of program.
Toddlers and preschoolers tinder the age of five yea_7=rs who are in programs
lasting more than five hours shall be provided with cots -
Children older than inf_nts who are in programs last-ing less than five hours
shall be provided with w.tchable rriats or rugs for taking
rests.
42
DAY CARE C IITlRS
MINNESOTA
A child sleepint more than
four to five hours must be provided with a bed, cot,
or crib (dependirion abil ty). The bed, crib, or cot shall have a mattress, safe
mattress protector and cverings. Pillows may be provided for children one
year old or oldKaceordinrg to individual. needs.
Cribs, cots, or playpens rn ust be so arranged that there is easy access to each`
child and acoessibillty of exit is maintained.
A crib must be ofadequia-te size for the child's height. Crib mattresses stiall
be covered.
Sheets, pillows, Red blank
is must not be interchanged and must be kept clean
at all times. Bedilnens m Est be laundered at least once a week or when soiled
or
wet.
Blankets, mat-tress protectors, and
pillow
protectors
shall
be
laundered when anew chfl d uses the bed.
Beds used by rn embers of the household must not be used by Vie children in the
center.
Cribs shall not
-k d_
IV Program.
NAPS AND REST IN A
GROUP-DAY-CARE PROGRAM MUST MEET THE
NEEDS OF TITS CHID ADD THE WISHES OF THE PARENTS.
Satisfactory CcAliance:
Each child shall be provided opportunity for enough sleep for his age at regular
hours under coridtions corLclucive to rest.
Sleeping arrangements stil be so made that no
child is depriyed-o needed
sleep or has it unnecessarily interrupted.
Quiet activities shell be pr-ovided before bedtime to aid relaxation for sleep.
43
5
DAY CARE CENTERS
614.
DLsci- line and
ui
nee
III Facility.
NO CHILD. SHALL BE CJBJECTED TO
ORPORAL OR PSYCHOLOGICAL
ABUSE BY STAFF.
IvrINNiSOTA
actory Compliance;
Methods of discipline use
by the ce
parents at the time of enmilment.
shall be discussed with each eh
No child shall be handled roughly, such as
shoving, hair-pulling, ear - pulling or
shaking by staff,
No child shall be hit in any way, such as
Isolation and exclusion
ping, spanking, or kicking by staff,
shall be gear
to age of child, not to exceed ten
to 15 minutes. If a c i1d
is isolated, the
room must be well-ventilated and
well-lighted and within si-ht and hearing
of an adult. A child shall not be
isolated in a locked room
closet.
No child shall he humiliate, sham
A child shall not be punislie-cl for a es in t=ilet training.
Meals and snacks shall not ke used as a form of
-ishment.
No discipline shall be delegated to another
451
44
DAY CARE CENTERS
MINNESOTA
700. HEALTH AND SAFETY
710.
HEALTH
71L
General Health Re
cements
V Health, Nutrition, and Safety.
CONTINUING HEALTH CONSULTATION SHALL
BE SOUGHT FROM
APPROPRIATE PRIVATE OR PUBLIC COMMUNITY RESOURCES TO ASSIST
IN bEVELOPING HEALTH POLICIES AND K1EPING THEM CURRENT: TO
ASSIST IN SCREENING, REFERRAL, AND FOLLOW-UP PROCEDURES; AND
TO PROVIDE ADVICE ABOUT CHILDREN WITH SPECIAL NEEDS.
Satisfactory Compliance:
All programs shall seek regular consultation with a physician or public health
nurse. A physician shall at least be available as an emergency resource during
the hours okoperation.
If infants under one year of age are cared for, the program must have monthly
consultation with a public health nurse or a registered nurse with training or
experience in infant care. The program must operate under health policies
approved by a physician.
712.
Health Assessments
See 341. Children
713.
Immunizations
See 341. Children
DAY CARE CENTERS
ta 'on
MINNESOTA
III Facility.
FLOORS MUST BE KEPT CLEAN AT ALL TIMES:
MUST NOT HAVE
SPLINTERS, CRACKS, OR BROKEN LINOLEUM, AND MUST NOT BE
SLIPPERY. CARPETING OR RUGS MAY BE USED BUT RUGS MUST NOT BE
HAZARDOUS. CONCRETE FLOORS SHALL BE TILED, CARPETED, OR
CUSHIONED.
PREMISES SHALL BE KEPT CLEAN AND SANITARY.
V Health, Nutrition, and Safety.
PAPER TOWELS, ROLLER TOWE
FOR THE CHILDREN'S USE.
OR AIR DRYERS MUST BE PROVIDED
IN PROGRAMS PROVIDING SLEEP CARE OF FOUR TO FIVE HOURS OR
MORE, EACH CHILD SHALL HAVE HIS OWN CLEARLY IDENTIFIED
TOOTHBRUSH, COMB, TOWEL, AND FACE CLOTH, AT LEAST TWICE A
WEEK TOWELS AND FACE CLOTHS MUST BE LAUNDERED. SOAP AND
TOOTHPASTE SHALL BE PROVIDED.
PRESCHOOL CHILDREN MUST BE MONITORED IN WASHING THEIR HANDS
AND TOILETING. CHILDREN SHALL BE ENCOURAGED AND HELPED TO
KEEP THEMSELVES CLEAN. THEY SHALL RECEIVE SPECIFIC TRAINING
IN PERSONAL HYGIENE.
DRINKING WATER SHALL BE AVAILABLE TO CHILDREN AND OFFERED
AT FREQUENT INTERVALS,
Satisfactory Compliance:
Water bottles for infants shall be prepared, packaged, and identified for each
individual infant. Each bottle shall be stored and handled to protect against
contamination. Each infant's usual need for water shall be recorded, as given
by the infant's parents, on the individual enrollment form.
453
46
DAY CARE CENTERS
MINNESOTA
Prinking water for toddlers and older children shall be provided in individual
drinking cups or approved drinking fountains.
715.
Daily Illness Screening
Not specified
716.
Care of Sick Children
flI
CENTERS MUST PROVIDE CARE FOR A CHILD WHO BECOMES ILL.
SUPERVISION MUST BE PROVIDED UNTIL THE CHILD IS PICKED UP.
Satisfactory Compliance:
Space designated for use by an ill child need not be permanently arranged but
shall be:
Used only for other compatible purposes, e.g., private office, library,
staffs room, or
Effectively protected from the main activity area and the kitchen by
screening, and
Equipped with a child's cot, and
Within sight and hearing of an adult.
V Health, Nutrition, and Safety.
THE CENTER SHALL HAVE A COMPLETE WRITTEN POLICY ON ILLNESS
AND EMERGENCY CARE, ACCIDENTS, FIRST-AID, AND EXCLUSION OF
SICK
CHILDREN.
ALL
STAFF
MUST HAVE
TRAINING
IN
THE
ADMINISTRATION OF FIRST-AID.
Satisfactory Compliance:
At the time of registration, the parent must be given a copy of he policy on
emergency and illness care and exclusion of sick children.
47
DAY CARE CENTERS
MINNESOTA
A plan must be made with ea
parent about emergency and illness care that
shall include the information specified in Admission Section.
Any important in
or communicable disease must be reported to all
parents.
717.
Medication and Special_DietProvisions
V Health, Nutrition, and Safety.
ADULT CAREGIVERS SHALL BE SEATED WITH CHILDREN AT SNACK AND
MEAL TIMES.
WHEN A CHILD IS TO BE GIVEN ORAL OR SURFACE MEDICATION,
WRITTEN INSTRUCTIONS BY A PHYSICIAN OR DENTIST MUST BE
PROVIDED,
AND
WRITTEN
AUTHORIZATION
TO
ADMINISTER
MEDICATION MUST BE GIVEN BY A PARENT. MEDICATION MUST BE
LABELED, STORED UNDER LOCK, OR OUT OF THE REACH OF CHILDREN.
Satisfactory Compliance:
The center shall obtain written permission from the child's parents prior to the
administration of any medication - prescription or non-prescription.
Medications shall be kept in their original containers bearing the original label
with legible information stating:
Prescription number
Name of drug
Strength and quantity of drug
Expiration date of any time-dated drug
Directions for use
_ Child's name
Physician's name
Date of original issue or, with a refill, the most recent date of issue
Name and address of the licensed pharmacy issuing the medication.
48
DAY CARE CENTERS
MINNESOTA
Any drug container having a detached, excessively soiled, or damaged label
shall be destroyed immediately. Any unused portions of prescription drugs
remaining in the facility shall be returned to the parent or destroyed by the
licensee by flushing them into the sewer system and removing and destroying
the labels from the drug containers.
Medications having a s
of expiration.
expiration date shall not be used after the date
Medications must be stored out of the reach of children or under lock.
The parent must be informed when any medication is given.
CONSIDERATION MUST BE GIVEN TO THE MODIFIED OR THERAPEUTIC
DIET NEEDS OF CHILDREN AS PRESCRIBED, BY SOURCE OF HEALTH
CARE.
Satisfactory Compliance:
The diet orders must be filed
and the entire staff informed of the diet
restrictions.
The director must check with the parents about the length of time the child is
to be on the diet.
The diet plan is to be carefully followed by obtaining the consultative services
of a qualified nutritionist or dietitian to interpret the diet orders as needed.
For the child requiring a rigid diet because of severe diabetes, sodium
restriction, ketogenic, or phenylketonuria, food must be brought from home.
718.
Waiver of He-
See 341. Children
uiremen s
49
DAY CARE CENTERS
MINNESOTA
720.
SAFETY
721.
General Safety
esuirements
IV Program.
THERE SHALL BE OPEN SHELVES FOR PLAY MATERIALS AND BOOKS,
AND INDIVIDUAL SPACE MUST BE PROVIDED FOR EACH CHILD'S
CLOTHING AND OTHER PERSONAL BELONGINGS.
V Health, Nutrition, and Safety.
EVERY CHILD CARE CENTER SHALL HAVE WRITTEN ACCIDENT
PREVENTION PROCEDURES BASED ON COMMON CAUSES OF ACCIDENTS
IN THE AGE GROUP SERVED.
Satisfactory Compliance:
At least twice a year a staff member shall inspect the center for hazards. All
hazards
shall
be
discussed
with
staff
and
corrected,
where
possible.
Procedures shall be devised to prevent accidents and eliminate hazards.
Written procedures for accident prevention shall include at least poisoning,
aspiration and choking, injury, burns, and pedestrian accidents.
Accident reports or an accident log must be kept on all accidents, except
minor scratches and abrasions. Reports should be analyzed at least annually
and procedures adjusted to prevent recurring accidents.
Staff shall have a practical understanding of at least the center's safety
procedures, special hazards, and common accidents occurring at the center,
detailed instruction in evacuation procedures, use of the fire extinguisher, and
how to report accidents.
50
DAY CARE CENTERS
MINNESOTA
The person in charge shall kilow where the fuse box is located, and how to pull
the main electrical switch.
ALL ELECTRICAL OUTLETS MUST BE COVERED OR PROTECTED WHEN
NOT IN USE.
RADIATORS, FIREPLACES, HOT PIPES, STEAM RADIATORS, AND OTHER
HOT SURFACES SHALL BE PROTECTED BY GUARDS.
SHARP SCISSOR.% KNIVES, MATCHES, AND OTHER POTENTIAL HAZARDSt
TO CHILDREN SHALL BE STORED OUT OF THEIR REACH, THE USE OF
POTENTIALLY HAZARDOUS MATERIALS AND TOOLS BY CHILDREN
SHALL BE SUPERVISED.
STAIR WAYS USED BY THE CHILDREN SHALL HAVE REACHABLE HAND
RAILINGS.
722.
Fire Safety Requirements
V Health, Nutrition, and Safety.
EVERY CHILD CARE CENTER SHALL HAVE WRITTEN ACCIDENT
PREVENTION PROCEDURES BASED ON COMMON CAUSES OF ACCIDENTS
IN THE AGE GROUP SERVED.
Satisfactory Compliance:
Fire prevention precautions shall be consistent
h the State Fire Marshal's
Code.
CENTERS
MUST
BE
EQUIPPED
WITH
THE
NUMBER
EXTINGUISHERS
DETERMINED
BY
THE
STATE
FIRE
EXTINGUISHERS MUST BE
IN
WORKING ORDER AND
ANNUALLY.
See also 736. E er
nev Procedures
51
OF
FIRE
MARSHAL.
CHECKED
DAY CARE CENTERS
723.
Transportation
MINNESOTA
VIII Organization and Administration.
WHEN TRANSPORTATIOeN
IS
PROVIDED BY A GROUP-DAY-CARE
CENTER, CHILDREN MUST BE PROTECTED BY PROPERLY .OPERATED
AND MAINTAINED VEHICLES, ADEQUATE STAFF SUPERVISION, LICENSED
DRIVER, SAFETY PRECAUTIONS, AND PROVISION FOR LIABILITY
INSURANCE AND FOR ADEQUATE MEDICAL CARE.
Satisfactory Compliance:
Vehicles must have standard equipment and be in satisfactory operating
condition. Each vehicle must have a fire extinguisher and .a first-aid kit.
AU drivers must meet requirements for a Minnesota Department of Public
Safety Class C driver's license, permitting transportation of nine or fewer
children.
(Informaton
is
available
from
the
Drivers
License
Division,
Department of Public Safety, St. Paul, Minnesota.)
If infants or toddlers are Uansported, there must be a minimum of one adult
for every five infants and toddlers, in addition to the driver.
There must be at least one adult in addition to the driver in every vehicle if
five or more children are being transported.
Each child transported -hall have and use a seat and a seat belt while the
vehicle is in motion. Infants shall be 'transported in special approved infant
safety seats; toddlers in toddler seats.
Children and sponsoring groups must be protected by liability imurance, and
provisions for adequate medical care must be made.
A preschool child or a toddler may not be left unattended at the time of
pick-up or delivery.
52
DAY CARE CENTERS
MINNESOTA
Except in unusual circumstances, children are not to be trans
ted more than
one hear per trip.
No more than three persona, including the
iver shall occupy the front seat
of any vehicle.
Satisfactory Compliance for Vans or Buses:
Vehicles must have standard equipment and be in satisfactory op
condition. Each vehicle must have a fire extinguisher and a first-aid Icit.
crating
All drivers must meet requirements for a Minnesota Department of Public
Safety Class B driver's license, permitting operation of a vehicle designed and
equipped to transport more than ten passengers (Information available from
Drivers License Division, Department of Public Safety, St. Paul, Minnesota).
Anyone driving a van or school b
labeled "School Bus" or with school bus sign
uncovered, must have a Minnesota Department of Public Safety Class B
driver's license with School Bus Endoisement.
(Information available from
Driyers License Division, Department of Public Safety, St. Paul, Minnesota.)
If infants or toddlers are transported, there must be a minimum of one adult
for every five infants and toddlers in addition to the driver.
There must be at least one adult in addition to the driver in every vehicle if
five or more children are being transported.
Drivers and passengers must wear seat belts when the vehicle is equipped with
them. Infants shall be transported in special approved infant safety seats,
toddlers in toddler seats.
53 46u
DAY CARE CENTERS
MINNESOTA
A preschool child or
ddler may not be left unattended at
me of pick-up or
delivery.
Except in unusual circumstances, children are not to be transported more than,
one hour per trip.
No more than three persons, including the driver, shall
upy the front seat
of any vehicle.
dren and sponsoring groups must be protected by liability insurance and
rovisions for adequate medical care must be made.
774.
Safety Reouirements for Equipment
III. Facility.
ALL EQUIPMENT AND FURNITURE MUST BE DESIGNED FOR THE AGE
GROUP AND BE SUBSTANTIAL, EASY TO CLEAN, AND FREE FROM
SHARP POINTS OR CORNERS, SPLINTERS, OR PAINTS THAT CONTAIN
LEAD. THE FACILITY AND EQUIPMENT MUST- ALSO BE KEPT IN GOOD
REPAIR, 'WITH NO PEELING PAINT AND FREE FROM DEBRIS AND LITTER.
725.
Water Activities (Including Swim ming)_
Not specified
726.
Emergency-Procedures
V Health, Nutrition, and Safety.
CENTERS SHALL ESTABLISH PROCEDURES TO BE FOLLOWED IN CASE OF
EMERGENCIES OR ACCIDENTS.
Satisfactory Compliance:
Procedures
for
fires,
tornadoes,
blizzards,
illness
of
staff,
accidents,
breakdown of transportation, power failure, and missing perrns shall be
determined. Where appropriate, plans for emergency shelter of children and
staff must be designated.
54
46i
DAY CARE CENTERS
MINNESOTA
All staff and children shall participate in monthly fire drills b
evacuation proced
re
Written plans for fire emergencies shall show primary and secondary exits.
Plans shall include details of rescue of children, contact of fire department,
and closing-off of fire area, in that order of priority.
THE CENTER SHALL MAKE ARRANGEMENTS IN ADVANCE FOR
EMERGENCY TRANSPORTATION.
727. First Aid Su
V Health, Nutrition, and Safety.
A TEN-UNIT FIRST-AID KIT AND DIRECTIONS FOR I
AVAILABLE.
Satisfactory Compliance:
The following ininimum first-aid supplies must be available and accompanied
by directions: band -aids, sterile bandages, sterile compresses, adhesive tape,
magnifying glass with needles and tweezers for removing splinters, soap (with
water) for cleaning cuts, abrasions, etc.
SE MUgT BE
800. NUTRITION AND FOOD SERVICE
810.
NUTRITION
811.
Nutritional Requirements
V Health, Nutrition, and Safety.
A GROUP-DAY-CARE CENTER MUST PROVIDE OR ENSURE THE
AVAILABILITY OF :ADEQUATE AND NUTRITIOUS MEALS AND SNACKS
APPROPRIATE FOR THE AGES AND NEEDS OF THE CHILEIRE
55
DAY CARE CENTERS
MINNESOTA
EACH REGULAR MEAL MUS
PROVIDE ONE-THIRD OF THE CHILD'S
DAILY FOOD NEEDS. ONE ME L AND TWO SNACKS OR TWO MEALS AND
ONE SNACK SHALL BE PROVIDED DAILY FOR EACH CHILD IN CARE FIVE
THROUGH EIGHT HOURS.
A MINIMUM OF TWO MEALS MUST BE
OFFERED TO CHMDREN IN CARE NINE OR MORE HOURS UNLESS FOUR
OR MORE OF THESE HOURS ARE SPENT IN SLEEP.
Satisfactory Compliance:
The current USDA Daily Food Guide shall be utilized in planning adequate
quantities of the Basic Four foods appropriate for the age of the child. Ethnic
food shall be included where appropriate.
The Daily Food Guide shall be used as a pattern not only for hot lunches served
at the center but also for cold lunches and lunches brought from home. These
are acceptable when parents are informed about
nutritionally -adequate
lunches. The center shall provide supplements to bag lunches as needed and
proper refrigeration.
Snacks shall include a beverage plus one or more of the following:
raw
vegetables, cheese, cereal product, or fruit.
Snacks must be provided ,at
suitable intervals and served at least one and one-half hours before meals.
The admission interview shall include information about food habits and
practices, food likes and dislikes, and cultural patterns of food selection and
preparation that may be used by the staff in serving foods.
MENUS MUST BE PLANNED IN ADVANCE FOR A CYCLE OF AT LEAST
ONE MONTH, POSTED FOR PARENTS' INFORMATION, AND REVIEWED
FOR NUTRITIONAL ADEQUACY AT LEAST ONCE A YEAR.
812.
Waiver of Requirements
Not
56
4 63
DAY CARE CENTERS
MINNESOTA
820.
FOOD PREPARATION
821.
Food Pre
-ation and Service Requirements
IV Program.
ADULT CAREGIVERS SHALL BE SEATED wrrH CHILDREN AT SNACK AND
MEAL TIMES.
V Health, Nutrition, and Safety.
GROUP-DAY-CARE
CENTER
PERSONNEL
SHALL
UNDERSTAND
PERSONAL SANITATION AND METHODS OF HANDLING, PREPARING, AND
SERVING FOOD IN A SAFE AND SANITARY MANNER. THE PREPARATION
OF FOOD BY CHILDREN MUST BE CAREFULLY SUPERVISED. THE
PROGRAM SHALL COMPLY WITH THE PROVISIONS OF APPLICABLE
STATE AND LOCAL FOOD ORDINANCES.
Not specified
900. SOCIAL SERVICES
1000. PARENT PARTICIPATION
IV Progrdm,
THE
CENTER
SHALL
ESTABLISH
AND
MAINTAIN
CONTINUAL
COMMUNICATION AND EXCHANGE OF IDEAS AND INFORMATION
BETWEEN THE STAFF AND PARENTS.
Satisfactory Compliance:
The center must provide evidence of compliance with the following:
The child's record shall show that planned cofiferences have been
offered to parents in the center or at home. Conferences must be
offered twice each year for children two years of age or older, and at
least once every two months for children under two.
57
46.
DAY CARE CENTERS
NNESOTA
Every center shall have a written plan on file for activities
hat will
keep parents informed and encourage parent input.
1100. INFANTS AND TODDLERS
1110.
PROGRAM OF ACTIVITIES
IV Progra
CENTERS SERVING CHILDREN UNDER TWO AND ONE-HALF MUST
PROVIDE FOR FLEXIBILITY IN PROGRAMMING. EACH CHILD MUST HAVE
INDIVIDUAL PERSONAL CONTACT EACH DAY.
Satisfactory Compliance:
Each infant shall be held during bottle feedings until he is able to safely hold
his oven bottle. Bottles shall not be propped.
Each child shall be held, cuddled, and played with each day.
Each child's attempts to communicate shall be responded to. Staff shall talk
to and listen to each child.
Infants and toddlers shall be allowed freedom of movement during a large part
of their waldng day.
The non-creeping infant shall s
carpeted floor or large blanket.
each day on a clean
The creeping infant shall have freedom to explore outside of crib or
playpen. A crib or playpen shall be used only for sleeping or for short
periods of time. During the infant's waking hours, a playpen shall be
placed where the infant can watch others. Several hours each day shall
be spent outside
? crib or playpen.
58
DAY CARE CENTERS
MINNESOTA
The toddler shall be allowed and encouraged
move about,- explore,
and handle safe-objects.
9.ch child shall be provided with materials and equipm,ent tha will foster his
velopment physically, mentally, socially, and emotionally.
-
Feeding time shall meet individualized needs of children.
There must be a flexible plan for diapering and toileting. Children shall be
kept dry and comfortable at all times. A complete change of clothing shall be
brought from home to be used as needed. The child shall be changed in his crib
or' on a table with a change of covering between each diaper change. Staff
members shall wash their hands after changing each child.
Before being
diapered; the child shall be washed with a separate cloth or towel.
An adequate supply of clean diapers shall be availablel
Diapers may be
provided by the parent. When diapers are provided by the center, they shall be
single service and disposable.' Diapers shall be stored in tt sanitary manner.
Toilet training shall be undertaken when appropriate according to a child's age
and stage of development. Training must be in cooperation with the parent's
plan. Children shall be offered frequent opportunities for toileting.
Children unable to wash their own hands and faces shall have their hands and
faces washed before meals and after toil- j
Training chairs shall be washed beforemeals and after each use.
Children under two and one-half years of age shall have a separate area and
program from other children.
DAY CARE CENTERS
MINNESOTA
Before admission, the director shall obtain information about the
h' dis
eating, sleeping, toileting, communication, and comforting habits and needs.
Space used by children sleeping in cribs shall be separate from playrooms or
classrooms.
1120.
HEALTH AND SAFETY REQUIREMENTS
V Health, Nutrition, and Safety.
SOILED DIAPERS SHALL BE KEPT IN A CLOSED CONTAINER, THIS
CONTAINER SHALL BE CLEANED DAILY AND SHALL NOT BE
ACCESSIBLE TO THE CHILDREN.
1130.
INFANT NUTRITION
V Health, Nutrition, and Safety.
THE DIET OF AN INFANT SHALL BE DETERMINED BY THE CHILD'S
PARENTS IN CONSULTATION WITH THEIR SOURCE OF HEALTH CARE.
atisfactory Compliance:
Formula or milk and solid foods, including vitamin and iron supplements, must
be fed in prescribed quantitites and at specified time intervals. Written diet
instructions shall be obtained from the parent.
The sources, preparation, handling, and storage of formula, milk, solid foods,
and supplements for children under one year of age shall be approved by a
physician.
These policies and procedures, signed by the physician, shall be
kept on file at the center.
,j1)-
The parent shall be informed daily of the amount and kind of food intake of
the infant.
Each infant's feeding schedule shall be available to staff.
60
DAY CARE CENTERS
1200. CHILDREN
MINNESOTA
H HANDICAPPING CONDITIONS
1210.
PROGRAM OF ACTIVITIES
IX
Group-Day-Ckre Centers Serving the Educationally or Developmentally
"Handicapped" Child.
WRITTEN PERMISSION MUST BE OBTAINED FROM THE LICENSING AGENT
PRIOR TO ENROLLING HANDICAPPED CHILDREN.
THE GROUP-DAY-CARE CENTER SHALL OBTAIN THE ASSISTANCE OF A
QUALIFIED CONSULTANT PRIOR TO THE ENROLLMENT OF ANY
HANDICAPPED CHMD.
Satisfactory Compliance:
The
center
shall
have
written
program
modifications
based
on
the
determination of the qualified consultant and the needs of the individual
handicapped
child.
These program modifications shall be understood by
program staff.
Additional staff as recommended by the consultant shall be available.
Modified equipment and supplies as recommended by the consultant shall be
available.
Training of staff
recommended by the consultant shall be arranged.
Modifications of the physical facilities shall be made as recommended by the
consultant and in conformance with the State Building Code.
PRIOR TO THE ADMISSION OF ANY HANDICAPPED CHILD, THE
GROUP-DAY-CARE CENTER SHALL OBTAIN INFORMATION FROM THE
PARENT, THE PHYSICIAN, AND THE STATE OR LOCAL EDUCATION
AGENCY ABOUT ANY SPECIAL PROBLEMS OR NEEDS THAT MAY AFFECT
THE
CHILD'S
USE
OF
THE PROGRAM.
WHERE
INDICATED,
A
PSYCHOLOGICAL EVALUATION SHALL BE MADE AND BE AVAILABLE TO
THE CENTER.
61
463
DAY CARE CENTERS'
MINNESOTA
THE PROGRESS OF THE HANDICAPPED CHILD SHALL BE EVALUATED NO
LESS THAN ANNUALLY BY A QUALIFTED CONSULTANT.
1220. HEALTH AND SAFETY REQUIREMENTS
Not specified
1230.
STAFFING
Not specified
1300. SCHOOL AGE CHILDREN
1310.
PROGRAM OF ACTIVITIES
Not specified
1320. HEALTH AND SAFETY REQU RE EN _
Not specified
1400. FACILITY REQUIREMENTS
1410.
SPACE
HI Facility.
PRIMARY SPACE
DESIGNATED FOR THE PROGRAM SHALL
BE
AVAILABLE ONLY FOR THE CHILDREN WHEN THE PROGRAM IS IN
.OPERATION.
THIS
SPACE
SHALL
INCLUDE
FURNISHINGS
AND
EQUIPMENT PRIMARILY FOR THE PROGRAM'S USE. SUPPLEMENTARY
SPACE MAY BE SHARED.
OUTDOOR PLAY AREA OF AT LEAST 75 SQUARE FEET PER CHILD AND
NO LESS THAN 1,000 SQUARE FEET PER PROGRAM MUST BE PROVIDED.
46.E
62
DAY CARE CENTERS
MINNESOTA
Satisfactory dompliance:
An adjacent play area where childreh are rotated in appropriate nurn ers to
maintain 75 square feet per child for outdoor play.
Adjacent park faci
hin 1000 feet. or
Park space that is ?note -than 1000 feet from the group- daycare center, where
daily trarsportation is .prAyided.
PLAY SPACE MUST BE ADEQUATELY ENCLOSED WHERE NECESSARY TO
PREVENT CHILDREN FROM LEAVING THE PREMISES UNATTENDED AND
OUTDOOR PLAY TIME MUST BE DIRECTLY SUPERVISED WITH THE
REQUIRED STAFF-TO-CHILD RATIO.
1420.
LIGHTING, VENTILATION, AND,TEMPERATU_ E
lIi Facility.
A MINIMUM ROOM TEMPERATURE OF 680 SHALL BE MAINTAINED
IN
SPACE DESIGNATED FOR THE PROGRAM.
VENTILATION AND LIGHTING IN EVERY FACILITY MAST MEET THE
REQUIREMENT§ OF THE STATE BUILDING CODE,
1430.
EXITS
III Facility.
ALL STAIRWAYS AND CORRIDORS LEADING TO gMTS SHALL BE KEPT
CLEAR AND FREE FROM OBSTRUCTIONS AT ALL TIMES.
1440.
TOILETS AND LAVATORIES
III Facility.
ADEQUATE TOILET AND WASHBOWLS MUST BE PROVIDED IN A
WELL-VENTILATED PLACE. }
63
47,0
DAY CARE CENTERS
MINNESOTA
Satisfactory Compliance:
There must be at least one toilet and one washbowl provided for each 15
children and one additional toilet and washbowl for each additional 15 children
or fraction thereof. Toilets and washbowls must be reachable.
Training chairs, instead of the required number of oilets, must be provided for
toddlers.
Water ace
Bible to children shall not exceE
200F.
1500. OTHER STATE REQUIREMENTS - COMPLIANCE WITH OTHER LocAL,
STATE AND REGIONAL LAWS AND REGULATIONS
1510.
ZONLNG
III Facility.
THE BUILDING MUST MEET LEGAL, REQUIREMENTS FOR ZONING,
HOUSING, SANITATION,' FIRE PROTECTION,
WATER SUPPLY, AND
SE WA GE DISPOSAL.
Satisfactory Compliance:
The prcerst obtain written verification from the various local legal
bodies stating that requirements have been met.
In the absence of local regulations, compliance shall be satisfied if the
requirements of the State Health Department and the State Fire Marshal are
met and it is so stated in writing.
Newly constructed facilities and altered buildings shall meet the requirements
of the State Building Code.
1520.
FIRE
See 1510. ZONING
64
4
DAY CARE CENTERS
MINNESOTA
153p.
BUILDING
See 1
0 ZONING
1540.
HEALTH
See 1510. ZONING
1550.
SANITATION
See 1510. ZONING
1560. NEW CONSTRUCTION
See 1510. ZONING
65
DAY CARE CENTERS
MISSISSIPPI
Except where otherwise
noted, all
citations are from the Mississippi State
Board of Health, Re
nGovernir-icr Licensure of Child Care Facilities, 1972.
I
100. STATE LINNINC
CHILD DAY CARE FACILITIES
_ES
110.
TYPES CF FAG
CT TO LICENSURE AS DEFINED BY
STATE STATUTES AND
EGULATIC3NS AND /OR LOCAL ORDINANCES AND
REGULATIONS
IU.
Definitions
Definition's.
A "Child Care Facility" means a p lace which provides shelter and personal
care for six (6) or more children wricn %re not related within the third degree
computed according to the civil law
to the'operator and who are under six (6)
years of age for four (4) a more 1-pairs of any part of the twenty-four hour
day, whether such place reorganize c=1 or operated for profit or not. The term
"child care facility" includes day nuIrseries, day care centers and any other
facility that
falls
within the 'co
e of the definitions set
forth above,
regardless of auspices. There is exempted from this act any facility operating
as a kindergarten, nursery school
or Head Start in conjunction with an
elementary and/or secondary school system, whether it be public, private, or
parochial, whose primary purpose is a structured school readiness program.
Family Day Care Home. Pisclecupie
residence in which day care is regularly
provided for, no less than six (6) chelre-ii nor more than fifteen (15) children
who are not related withip the itit
degree computed according to the civil
law the operator and who are and
r the age of six (6) for four (4) or more
hours of any part of the twenty -four hour day.
-
DAY CARE CENTERS
MI
S PPI
Day Care Center. Any facility which regularly rec-fives six (6) or more
children for day care who are not related within the -third degree computed
according to the civil law to the operator and who are ender the age of six (6)
for four (4) or more hours of any part of the tWerrty-four hour day. An
occupied residence which cares for sixteen (16) or more ch
children shall be a day
care center.
112.
Exclusions and Exemptions
See Ill. Definitions
120.
AGENCY RESPONSIBLE FOR LICENSING OF Dk Y CARE PROGRA
121.
Cr
nization of the Administrative Unit
State Health 0
BUREAU OF ENVIRONMENTAL
HEALTH
CHILD CARE LICENSURE
DIVISION
Counties
2
"
DAY CARE CENIE -RS
MISSIS IPP1
fn Mississippi, phi.11 care licenses are issued and revoked r--1 t the state central
office level, while
the day to day licensing functions are
carried out by thal
counties. The stag central office monitors the counties
in performing thin
function. District =7:4 fices, operated by the state, serve a
a liaison betwee=-1
the state central
gfpffice and the counties. Each distric t offiee has publi
health nurses, sap
to the counties.
ariarts, and a social worker show provirMe exPertassistane
122.
Responsible
All inquiries should
be directed fo:
SuPerVELsor, Child Care Licensure Division
Bureau
of Environmental Health
State a_= card of Health
P.O.
cz=oc 1700
Jacksor -1, Mississippi 39205
(501) 8&-z- 2-6505
200. LICEN
1-NG PROCESS AND ENF RCE E
210.
LICENSING
E
211. Promulations
I
Licensing Au
The "Mississippi Child Care Licensing Act", Senate Bill
1528, 1972 Sessio
of
the
Mississippi
Letisisture,
is
the legal
authotit-
!Ander
which
theme
Mississippi State 13
rd of Health prescribes minimum sten-
dS for child car.:=_
facilities defined tin_ der tileaet.
=v Li
Dp CARE CENTERS
MISSISSIPPI
212.
Adviso
and Other Communi
Participation
MISS. CODE ANN. S 43-20543-20-7 Advisory Board.
There is hereby created an advisory board which shall be appointed by the
executive officer of the state board of health, who shall serve at the pleasure
of the executive officer. Said board shall consist of ten (10) persons appointed
one each from the following groups:
Mississippi Preschool Association;
Mississippi State Medical Association;
Mississippi Home Economics Association;
Governor's Council on Youth;
State Department of Public Welfare;
Department of Child Development, University of Mississippi;
Department of Pediatrics, University of Mississippi Medical School;
Department of Education, State of Mississippi;
State Fire Marshal Department.
220,
L
22L
Application and Issuance
NSING PROCEDURE
Licensure.
Requirement for Licensure. From and after August 1, 1972, no person acting
individually or jointly with another person or persons shall establish, own,
operate, conduct or maintain a child care facility in6 this state without a
license issued under this act. The license shall be posted in a conspicuous
place on the licensed premises.
Application for license. An application for a license under this act shall be
made to the licensing agency upon forms provided by it and shall contain such
information as .:-he licensing agency may reasonably require._
4
DAY CARE CENTERS
MISSISSIPPI
222.
Fee Charged
ItI
Licensure.
License Fee. Each application for a license shall be accompanied by a license
fee of ten dollars ($10.00) which shall be paid to the licensing agency.
- 223.
Areas of Investigation
MISS. CODE ANN. S 43-20-15 Inspections.
The licensing agency shall make or cause to be made inspections limited to
health, cleanliness; safety, and sanitation once a year of facilities licensed
hereunder.
Further additional inspections may be made as often as may be
deemed necessary.
224.
License Renewal
Licensure.
Renewal of license. A license issued under the provisions of this act shall be
renewed annually upon payment of three dollars ($3.00) renewal fee and upon
filing by the licensee of an annual report upon such uniform dates and upon
forms provided by the licensing agency. The licensing year shall begin April 1
and expire March 31 of each year. Also, a current certificate of inspection and
approval by the fire department and the county health department specified in
Section III, D, of these regulations shall be submitted.
225.
Cond
onal/Provisional Licenses
IV
Provisional License.
The licensing agency may issue a provisional license, at its discretion, where
the facility does not fully comply with these regulations if it determines
requirements can be complied with in a reasonable time. The period of time
for which a provisional license is issued shall be at the discretion of the
licenising agency but in no instance shall exceed one (1) year.
DAY CARE CENTERS
226.
Substantial Comaligne
Not specified
230.
ENFORCEMENT PROCEDURES
231.
Facility Inspection
PPI
V
Inspections.
The licensing agency shall make or c cruse to be made an inspection of each
facility at least once a Yew. Further additional inspections may be made
quarterly by the local healtlidepartni_ ent and as often as deemed necessary.
The operator, administrator and/or management of a child care facility shall
permit inspections by State board of l-r ealth personnel or its designated agents
at any time.
232. Denial, Suspension,1nse
Not specified
233.
Remedies and
233.1,
n s
XI
Ap
al Procedure.
The State Board of Health 5hallprovi-cie an opportunity for a fair hearing for
every licensee of a child care facility
who is dissatisfied with administrative
decisions made in the denial ofalicens.
The licensing agency shall notify the licensee by registered mail or
persOnal. service, the partictil
reason for the proposed denial or
revocation of the license, Upor
written request of the licensee within
ten (10) days of the notificatio=, the licensing' agency shall fix a date
not less than thirty (20) days f=om the date of such service at which
time the' licensee shall be give-71. an opportunity for a prompt and fair
hearing before officialaal the Li _ensin
Cy.
DAY CARE CENTERS
MISSISSIPPI
233.2 Decisions
Not specified
233,3 Judicial Review
MISS. CODE ANN. §43-20-21 Injunctive Relief.
Notwithstanding the existence of any other remedy, the licensing agency may,
in the manner provided by law, in term time or in vacation, upon the advice of
the Attorney General who shall represent the
licensing agency
in the
-proceedings, maintain an action in the name of the state for injunction or
other
proper
remedy
against
any
person
to
restrain
or
prevent
the
establishment, conduct, management or operation of a child care facility
without license under this act, or otherwise in violation of this act.
III
.icensure - Penalties.
Any 'person establishing, conducting, managing, or operating a child care
facility without a license under this act after August 1, 1972, shall be guilty of
a misdemeanor, and, upon conviction, shall be fined not more than one hundred
dollars ($100.00) for the first offense, and not more than two hundred dollars
($200.00) for each subsequent offense.
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
311.
General Administrative Requirements
X
Records.
General records. The following records shall be kept on file and be made
available to public health personnel:
Policies governing the child care facility.
Reports from the health department.
DAY CARE CENTERS
-MISSISSIPPI..
Reports from the fire department.
Other records as may be necessary and /or
312.
Telex hone
VI
Buildings and Grounds.
A child care facility shall have a telephone if such service is availableJn the
community.
313.
Proof of 0 erator Financial Capabilities
Not specified
-314.
Insurance
Not specified
320.
PERSONNEL
-321.
Not specified
Public at-ion C
Personnel Policies
322.
Constraints Against Employment
Not specified
330.
NON-DISATION
331.
Re uirements Prohib tin -Ftiscr nninat on
Not specified
340.
RECORDS REQUIREMENTS.
341.
Children
DAY CARE CENTERS
MISSISSIPPI
X
Records.
The following records shall be kept and made available to the State Board of
Health personnel on request:
Child records. A record shall be kept on each child with the application
form containing the following information as a minimum:
Name of child.
Date of birth.
Home address.
Name of parent or guardian.
Home telephone number of,parent or guardian.
Business address and telephone number of parent or guardian.
Name, address and telephone number of a responsible person to
contact in an, emergency if the parent or guardian cannot be
located promptly.
Name, address and telephone number of a physician to call in an
emergency.
Date of acceptance to the Child care facility.
Date of withdrawal and the reason for withdrawal.
Any unusual condition.
Health
records
for
child.
The following health records shall be
-submitted to the child care facility on each child and shall be available
to public health personnel:
Arecord of immunizations.
Pertinent past medical history.
Special abilities of the child as well
y physical or emotional
problems.
Daily attendance record.
342.
Staff
X
Records.
The following records shall be kept and made available to the State Board of
Health personnel on request:
94 i
DAY CARE CENTERS
MISSISSIPPI
Staff records. These shall include the following for each emp °yea:
Name, age, address and telephone number.
Education, training-and experience.
Health records including current health card issued or approved by
the local county health department.
References - at least two.
Daily attendance record.
Date of employment and date of separation.
343.
Child_ Eligibility and Enrollment Re uirements
Not sp6cified.
344;
Child Abuse Reportin
Not specified
345.
Confidentiality of Records Requirements
MISS. CODE ANN. § 43-20-17 Information Confidential.
Information received by the licensing agejcy, through' filed reports or as
,otherwise under this chapter, shall not be disclosed publicly in such manner as
to identify individuals or facilities, except in a proceeding involving the
question of lieensure-
400. GROUP COMPOSITIONS OF CHILDREN
410.
STAFF/CFIELD RATIO REQUIREMENTS
411.
Staff /Child Ratio a of March, 1981
Not specified
412.
Methods of Computing Staff /Child Ratios'
Not specified
10
4 S 2
DAY CARE CENTERS
420.
GROUP SIZE
421. Grois of
arp?Erl
Not specified
422.
Methods of Computing Group Size
Not specified
MISSISSIPPI
500. STAFF QUALIFICATIONS AND TRAINING RE UIREMENTS
510.
CHILD CAREGIVER STAFF QUALI
ATIONS
511.
Age
VI
Buildings and Grounds.
The building shall be staffed at all times by a responsible person who is
eighteen (18) years of age or older while the center is in operation.
512.
Health
HI
Licensure.
Licensee. A licensee applicant shall be eighteen (18) years of age or older and
be of good health.
513.
Education
Not sPedif.
514.
Experience
Not specified
520.
PROGRAM DIRECTOR QUALIFICATIONS
521,
Age
See 51L Age
11
DAY
523.
EdLA Ellon
Not 5Dee
524.
fastle
Not sweated
TEFLItS
MISSISSIPPI
530.
SUPPORT ST.=-A.FF QUALIFICATIONS
Not specified
540.
ENT/IN ERVICE: ORIENTATION AND TRAINING
541.
Pro -ram bitcto_r
Not specified
54-
Cijil,faegiy_...r Staff
Not specified
543.
Not specified
PRO =RAM OF ACTIVUIES, INCLUDING EDUCATION
610.
PROGRAM RI=
QUIREMENTS
611.
d ropro of Activities
Not specified
612.
Pro
rent and Materials
Vil
_Furniture and
Equipment.
Each child eon facilz_ity shall be equipped with toys and play apparatus to take
care of the needs of the total group and to proves each child with a variety of
12
DAY CARE CENTERS
activities. This equipn'
of 'all age groups.
Chairs and tables she)
Individual hooks or c
outer and/or eictra clot
613.
ProvisiOn
VIII
Bedding Requirements.
[ISIS SIPPI
from low shelVes to he children
>pria
children,
e ize o
,hall"; die pro vi
clelo-lor
as for personal possessions.
ng or storing
Individual beds, cots, mattresses, pads or other ac =ceptable equipment shall be
provided for naps.
These shall be kept in a sari
terry condition; and, once a
sheet or blanket has been used by a child, it shall .7 mot be used by another child
until it has been washed or dry cleaned.
Whatever is used for naps shall be clan and covere, d with a waterproof cover%
614.
Discipline and Gui nee,
Not specified
j.
710.
HE LTI1
700. HEALTH AND SAFTY a.
711;
General Hea ith Re uieements
Not speCified
712.
Health Assessments
Not specified
13
4
DAY CARE CENTERS-
MISSISSIPPI
713.
Immunizations
Not specified
714.
Sanitation
IX
Sanitation. ,
The sanitation of areas, equipment, practices, etc. shall comply wi7Lzh the
following regulations promulgated by the Mississippi StateBoard.of Ilealt
,"Regulation Governing Food 'and Food-Handling Establishments"
"Regulation Governing Disposal of :Human Excreta and other
Liquid
Waste"
"Regulation Governing the Sanitation of Habitable
uildin a"
"Regulation Governing Disposal of Refuse"
"Regulation Governing the Control of Flies, Mosquitoes, Rats any
other
Vermin"
In addition to Part A, Items 1 through 5 above, the following requirement _s shall
also be complied with in'a child care facility:
Water. ?The water supply shall be from a public water stem or L=7-rorn a
private system approved by the State Board of Flealth. Water slza11
dispensed by the followi--
Fountain.
Paper cups.
Labelled cup for each child which must be washed and sar_litized
daily.
Food services.
The kitcherrshall be in a separate room and shall comply with to
state
Board of Health's "Regulation Governing Food and food -lit--_ ridling
Establishments".
Family- Day Care Homes shall be exempt fro rn the
requirement for a handwashing lavatory in. the food preparation aroma.
715.
Daily_Illness Screening,
Kot speCified
14
DAY CARE CENTERS
716.
Care o
'-k Children
Not specifi
Medication and S
-Diet Provis_lons
MISS ISSIPPI
Mississippi. State-Boardof
Ith, Minima
_lip Standards for Nutritional Core in
Child Care Faeilitiese
Provisions shall be -made for a child whc= has
modified diet prescribedby a
physician- The parent must submit a writ ten diet for the child, includingloods
the child can and canna have. This list
with the child's name must be i)psted
in the food service area.,
720 ,
SAFETY
721.
;
ene'ralSafety Requirements
VI
BUildings and Grounds.
The outdoor play space shalrmeet the fol1 owing requirements:
The area shall be free of hazardou
or potentially hazardous OtieQts,
Unused electrical
shall be protect= =d by a safe plug cover.
722.
Fire S et Requirements
VI
Buildings and Grounds.
An atlequate number and type of ire
3C----..inguishers for A, B, and C typo fires
Oat be
provided and serviced on arm annual' basis by a qualified fire
extinguisher technician.
723.
Transportation
Not specie
specified
DAY CARE C
NT8RS
MISSISSIPPI
724.-
Safe. Re_ Ltireri
VI
Buildings andGrouricl.s.
The outdoor play space shall meet the following requirements:
Sand boxes shall be covered when not in use and the sand shall be
changed periodical.
VII
Furniture ar-id F,quip rnent.
All equipment shall be
sturdy and safe and 'shall not Mire sharp edges,.
splinters, protrudingnails, etc.
Paint on toys shall cleat free and, non-poisonous.
725.
Water Ac
Including Swimming)
VI
Building arid Grouns.
The outdoor space shall rr_ pert the following, requirements:
Swimming pools are prohibited unless protected by a six X6 foot fence
and a locket gate.
726. En=erici-es
VI
Buildings and Grow
_
A written evticuation plan to be used in the event of
ire or other natural
disaster shall be maintainad in the facility at all times.
72.7.
Fixkl's j2121Ls
Not specified
16
DAY CARE CENTERS
8
NUTRITION
800. NUTRITI
811.
Nutritional Requirements
,
NA
MISSISSIPPI
FOOD SERVICE
IX'
Sanitation.
F,,od services
Well planned meals shall be serve- at tables where each child may be
seated. Meals shall -meet the nutri
Tonal Standards as prescribed in the
nutrition manual for child care ee--:.ters as published by the Mississippi
State Board of Health.
Mississippi State Board of Health, Minirn
rn Standards for Nutritional Care in
Child Care Facilities.
For children ages one to six in a day carte facility for five to nine hours, food
that provides one-third to one-half of th
Recommended Dietary Allowance
shall be offered in one meal and one to tw
snacks.
For children ages one to six in day care facilities for more than 9 hours, food
that provides one-half to two-thirds of th
Recommended Dietary Allowances
shall be offered in two meals and onq to tyr-o snacks.
812.
Waiver of Rec
ements
See 717. Medication and S
cial Diet Provf sions
17
48
=
DAY CARE CENTERS
MISSISSIPPI
820.
FOOD PREPARATION
821.
Food Preparation and Service Require
Mississippi State Board of Health, Minimum Standards -or Nutriti
anal Care in
Child C
Facilities.
Meal Time
Meals and snacks shall be served at regularly scheduled times each
day.
Snacks shall be served at least one and one-half hoursbefore a me E__1 is served.
Breakfast shall be available for a child who has had no breakfast at
hbrne.
. .Sufficient time shall tie allowed for children to
down before they eat.
h their hart
and calm
Mealtime shall be a relaxed, happy time for the children.
An adult supervisor shall be present while the children are eating.
Children shall be encouraged to eat but not forced to eat.
Menus
Menus shall be written one week in advance.
Menus shall be posted in the food preparation ar
purchases and food preparation.
Menus shall be posted in an area accessible to parents.
Changes in the menu sh
be recorded and filed.
49u
18
as a refers nee for food
DAY CARE CENTERS
MISSISSIPPI
Menus shall be planned., to include_ food with, variety in texture, co or,, and
shape.
New food shall be introduced to help develop good food habits, Introduce only
one new food at a time.
Records of menus served shall be kept on file for a rniirnum of one year.
Food Preparation
A file of standardized recipes shall be used to prepare thezfood.
Foods shall be prepared in a form that is easy for children to handle. Bite size
pieces and finger foods are suitable.
Foods shall be prepared as close to serving time as possible to preserve
nutrients, flavor, and color.
Foods should not be highly seasoned.
Children need to learn the natural
flavors of food.
Raw vegetables shall not be served to children under t -o years of age.
Not specified
Not specified
900. SOCIAL SERVICES
1000. PARENT PARTICIPAnON
19
4 9 1-
DAY CA RF CENTERS
MISSISSIPPI
1100. INFANTS AND TODDLERS
1110
PROGRAM OF AcTry'
.Not specified
HEALTH AND SAFETY RE
E ME NTS
Not specified-
113 0
INFANT NUTRITION
Mississippi State Board of Health, Minimum Standards far Nutritional Cate in
Child Care Facilities.
For infants in day care facilities
five to nine hours, food that
prov,ides
one-third to one-half. of the Recommended Dietary Allowances shall be
offered in two or three feedings.
For infants in day care facilities for more than nine hours, foods that provide
two-thirds to three-fourths of the Recommended Dietary Allowances shall he
offered in three or more feedings.
Feeding infants should be pared to the recommended needs of the individual
child. Consult Mississippi State Board of wealth Infant Feeding neatlets.
A written schedule for feeding the infant shall be submitted by the parent
when the infant enters the day care program. The form should include all
necessary information needed for feeding.
The feeding instructions
the caretakers.
r each infant shall he -Posted for auick reference for
The parents shall supply sufficient formula and food for each day until the
baby can begin to eat .some .foods prepared by the center. When the center
sucTlies the formula, an acceptable metird of sterilization must he used or
commercially prepared ready to feed bottles.
20
49
DAY CARE CENTERS
MISSISIPPI
Formulas prepared by the parents should be brought in bottles ieady to feed.
The bottles must be labeled with the baby's name.
Refrigerate bottles
immediately.
Baby food shall be brought in jars that have not been opened. The jars- must be
labeled with the baby's name.
1200., CHILDREN -WITH HANDICAPPING CONDINTS
1210.
PROGRAM OF ACTIVITIES
Not specified
1220. HEALTH AND SAFETY REQUIREMENTS
Not specified
1230. STAFFING
Not specified
1300. SCHOOL AGE CHMDREN
1310.
PROGRAM OF ACTIVITIES
Not specified
1320. HEALTH AND SAFETY REQUMEMENTS
Not specified
493
21
DAY CARR CENTERS
FACILITY REQ
EMEN
1410.
SPACE
PPI
VI
Buildings and Grounds.
All child care facilities shall comply with local fire, health, building and
zoning ordinances. An inspection and approval by the health department and
fire department shall be necessary for initial licensing and for. renewal of
license. Ground or first floor space is desirable. Space ,above first floor is
undesirable and will be approved only after evaluation of constrbetion, exits,
fire escapes, etc. , using the current edition of the Life Safety Code as the
authority for fire safety.
a
A minimum of thirty-five (35) square feet of usable indoor floor space shall be
provided for each child.
This shall not include hallways, bathrooms or
kitchen. A separate space shall be provided for the use of ill or injured
children until. they can be picked up by their parent or guardian. It shall be
located in an area that can be supervised at all times by a staff member.
The floor and/or floor covering shall be in good condition and easily cleanable.
Torn or worn covering shall be replaced to prevent accidents.
Walls shall be kept clean and free of torn paper, broken plaster and holes. No
paint that contains lead compounds shall be applied to interior walls or
woodwork.
The outdoor play space shall meet the following requirements:
There shall be an approved area with a barrier with a minimum height
of four (4) feet around it containing at least seventy (70) square feet
per child.
The area shall be well drained.
49'
22
DAY CARE CENTERS
MISSISSIPPI
Laundry equipment shall not b
located in food preparation or food service
areas in a day care center.
1420.
LIMITING, VENTILATION AND TEMPERATURE
VI
Buildings and Grotm
Steam, hot water or warm air systems employing central heating plants or
Underwriters Laboratories approved electric heating are preferable. The use
of portable heaters is prohibited. If steam or hot water systems are used, they
shall be protected by screens and guards that do not have sharp corners or
projections.
s hers are used, they shall comply with the following:
The flame shall be recessed and enclosed with a guard so designed that
clothing or other inflammable material cannot be ignited.
Each heater shall be equipped with a Safety. device that will shut off the
gas supply if the pilot light is extinguished.
Each heater shall be vented to the outside.
Each heater shall be approved
by Underwriters
Laboratories
or
American Gas Association.
Floor furnaces shall beLprotectecl by an adequate barrier to prevent children
from having access to them and if such barrier restrains easy passage through
a hallway or snail room, any dead end created by such barrier shall not be
used by the children, and if passage between the two main exits is hampered,
`other exits or other means of heating shall be provided.
The heating shall be adequate to maintain a temperature of between 68 and 72
clegrees at child's height. An accurate thermometer shall be hung in each
room.
94 :5
23
DAY CARE CENTERS
MISSISSIPPI
_
AU parts of the child care facility building used by children shall be- well
heated, lighted, and ventilated.
1430.
EXITS
VI
Buildings and Grounds.
At least tw9 separate exits shall be provided from every floor level.
Exits shall be remote from each other. Dead end corridors are undesirable and,
in no case shall exceed thirty (30) feet.
Exits necessitating passage through a kitchen shall not be counted as one of
the two remote exits.
i
Exit doors shall be a minimum of 32 inches wide and open outward. No single
leaf in an exit door shall be less than 28 inches wide nor more than 48 inches
wide.
Any latch or other fastening device on an emit door shall be provid
knob, handle, panic bar or other simple type of releasing device.
An exit door shall not reduce the effective width of a stair landing.
The force required o fully open exit doors shall not exceed 50 pounds applied
to latch stile.
1440.
TOILETS AND LAVATORIES
IX
Sanitation.
Toilets and Handwashing. These shall be lc- ted convenient to inside and
outside play areas, and the following ratios shL
-3 met as a minimum:
4 9
24
DAY CARE CENTS
Number of children
1 -15
16- 30*
31- 45*
46 - 60*
61- 75*
76 - 90*
MISSISSIPPI
Number of toilets and handwashing'
lavatories
1 of each
2 of each
3 of each
4 of each
5 of each
6 of each
*
"Requirements which are not applicable to a Fa
Home"
ily 'Day Care
1500. OTHER STATE REQUIREMENTS COMPLIANCE WrrH CTHEB LOCAL
STATE AND REGIONAL LAWS AND REGULATIONS
1510.
ZONIING
Not specified
1520.
FIRE
Not specifi
1530. BUILDTG
VI
Buildings and Grounds.
-,"
Plans and specifications shall be submitted to
Services of theMississippirate Bond of Health
construction and/or major'renovations.
1540. HEALTH
See 1550. SANITATION
the Division of Child Care
for approval on all proposed
DAY CARE CENTERS
MISSISSIPPI
1550,
SANITATION
See 714. Sanitation
1560.1NEW CONSTRUCTION
14-Ot specified
DAY CARE CENTERS
f
MISSOURI
Except Where otherwise noted, all citations are to the Missouri Department of
Social Services, Licenlationsfor Child' Day Care Facilities, Chapters
Lic-ensing of Child Day Care Facilities and 63 - Licensing' of Day Care
Centers, 1979.
100. STATE LICENSE4G OF CIIILDIDAY CARE FACILITIES
110.
TYPES OF FACILITIES SUBJECT TO liCENSURE AS DEFINED BY
STATE STATUTES- AND REGULATIONS AND/OR LOCAL ORDINANCES AND
REGULATIONS
Definition
MO. REV. STAT §210.201 Definitions.
"Day care home" or "day nursery" shall be held to mean a house Or other place
conducted or maintained by any, person who advertises or holds himself out as
providing
care
for
more
than
four
children
during
the
daytime,
for
compensation or otherwise, except those operated by a school system or in
connection- with a business establishment as a convenience for its customers,
and except boarding homes for children.
40.61.010 Definitions.
"Day care" is care of a child away from his own home for any part of the 24
hour day, for compensation or otherwise.
Day care supplemalts
parent
responsibility for the child's protection, development, and supervikon. Day
care may be given in a family home or a day care center.
"A day care home" is a family home, occupied by the day care provider, in
which care is given to ten children or less, not related to the day care provider
for any part of the 24 hour day. Where there are more than four such children,
the home must qualify for state license.
112.
Exclusions and Exem 'Dorm
Not s cified
49,)
DAY CARE_ CENTERS
MISSOURI
"A day care center" is a group program providing care for more than ten
children in a family home, occupied by the day care provider, or more than
four children in a facility other than a family home, for any part of the 24
hour day and shall meet licensing requirements set forth for such services.
U3.
HHS Day Carebompliance
Not specified
120.
AGENCY RESPONSIBLE FOR L CENSING OF DAY'CA RE PROGRAMS
12L
.0rgan#a ion of the Administrative Unit
Director
DEPARTMENT OF
SOCIAL SERVICES
Director
DrvisioN OF
FAMILY SERVICES
Deputy Director
SOCIAL SERVICES
State Day Care
Supervsior
Regional Day Care
SIrnvisors
Reg_ ional Licensing
Staff
ti
DAY CARE CE
MISSOURI
All licenses are issued and revoked. from the central office level for all forms
of child care. Licensing staff are housed in three. regions but are centrally
supervised.
122:
Respotxsible Official
All ipoWrieS7 shatilizThe addressed to:
k
State Day Care Supervisor
-Division of Family Services
Department of Social Services
P. 0. Box 88
211 Metro Drive
Jefferson City, Missouri
(341) 751-2450
200. LICE
PROCE
AND ENFORCEMENT PROCEDURES
10.
LICENSING PROCESS
211.
Promulgation of Regulations
MO. REV. STAT §210.221 Division of Family
ervices to Issue Licenses, Fix
Standards and Make Investigations.
The Division of Family Services shall have the power and duty to promulgate
and issue uniform rules and regulations as said division deems necessary or
proper in order to establish standards of service and care to be rendered by
such licensees to children.
212.
Advisory Body and Other Community Participation
Not specified
DAY CARE Ci
221.
Application and Iskuance
MISSOURI
40.61.020 Licensing
ormation
Applipation.
Any organization or person planning to offer day care to five or more children,
except those coning under be exception of the law must apply for license and
meet the licensing regulations before accepting- more than foiff- unrelated
children for care.
A licersing investigation will be made, and include whenever possible a
pre-application office interview to discuss licensing requirements.
The following materials are to be submitted,to the Division of Family Services
in advance of license issuance:
Application for license si
ed either by the person, partnership, or, if a
poration, the chairman of the board.
Evidence of compliance, if applicable, with local regulations with
respect to building requirements, zoning, sanitation, and fire and safety.
Evidence
of
compliance, if applicable, with State Fire Marshal
requirements for fire and safety prptection and with the State Division
of Health and sardtarian's requirements.
A sketch, diagram, or print of the home -or building showing:
1
Arrangement of the rooms, including location of toilet facilities,
position of windows and &ors, and dimensions of the space to be
used for and by the children.
Outdoor play area with dimensions.
DAY CARE CENTERS
MISSOURI
Outline of planned daily activities.
A sample weekly menu.
A list of
ate
and equipment on hand to be used by the children:-
If- nor incorporated, names and addresses or two persons, not related,
who have knowl
e of character, experience, and ability of the,
applicant(s) to serve as references.
Sample forms, if any, of an admission card, information sheet for
parents,-health forms, etc.
Upon compliance with licensing regulations and receipt of the recommendation
of lieensure based on the licensing investigation, a Certificate of License is
issued for a period not to exceed one'-year. It is subject to renewal on
reapplication and reinvestigation.
--J
The license applies only to the person, persons, or organization to whom it is
issued.
It
is not= transferable, and any change in ownership voids the
CertifiCate of Licerkse. A new owner, operator, or provider must make initial
application and have a new license issued based on compliance with regulation
prior to assuming operation of the day care facility even if day care is to
continue at the same location.
The license, appliernly to the address for which it is issued. If a day care
pribvider ,,or operator moves, he or she must apply for a new license.
A
licensing investigation must be made, and a new license will be issued based on
compliance with the regulations.
Any provider or operator who wants
licensing to be continuous should, if possible, submit material for the new
license two months in advance of the move.
55
DAY =CARE CENTERS
MISSOURI
The license is the property of the issuing authority and is subject to revocation
upon failure to comply with the licensing requirements.
The Certificate of License shall be posted ,in a conspicuous place at the day
care facility. When the license expires, however, or is otherwise voided, it
shall immediately be removed from display
d 1E1 no way be used as a mai
of
certification.
The number and ages of chilcien a day care facility is authorized to have in
care on the premises at any one time will be specified on the license and shall
not be exceeded, except as permitted in 13 CSR 40-62.070.
222.
Fee Charged
40.61.020 Licensing Information - The License.
There is no fee for the license or any seivice rendered by personnel of the
Division of Family Services. Fees for local permits are the responsibility of
the applicant or licensee.
223.
Areas of Investigation
40.61.020 Licensing Information - The Licensing Investigation and Report.
A licensing investigation and report will be compiled by the licensing worker
or representative of the Division of Family Services consisting of the
application, materials submitted by the applicant, and a report based on visits
to the facility to determine whether or not the facility has met licensing
,requirements.
The licensing report must show compliance with all the regulations for the
type of care to be given. It shall include the worker's recommendation on
licenpre indicating that the applicant is deemed qualified and equipped to
render care conducive to the welfare of children, as required by law.
DAY CARE CENTERS
MISS OUR!
using requir
ents are nqt met within six months of the filing of the
initial application, the application becomes obsolete. If license Is std desired,
or necessary a new application must be filed.
224.
License Renewal
40.61.020 Licersing Information - Licensing Renewal,
An application for license renewal shall be completed= and fled prior to
expiration of :the licenser In addition, the following materials are necessary
along with the renewal app;icalion and should be submitted thirty days in
advance of expiration so that a redetermination of conformity with all the
regulations can be made:
Evidence of co-mplianee
h local ordinances, as applicabFe.-
Evidence
of
compliance with State
fire and Safety and Mate
Department of Health requirements, if applicable.
Health reports on file at the facility on all
sons working at the
facility and/or all adult= members of a home who have direct contact on
a regular basis with the children.
Current health reports on file at the facility on alllhe children in care.
Day Care Center applicants shall submit:
Evidence of financial soundness with one of the following:
Proposed annual budget.
Profit and loss statement for the last year.
Balance sheet.
7
'DAY CANE CENTERS.
Statement from a Certified Public Accountant or accountan
the prbvider is financially sound at the time of appli`cation.
should be On letterhead stationery.
A written narrative description of child caring practices 'arid concep
proPosed activities, and -daily schedule for each age group in care.
Upon receipt & the renewal applicatil and the above material, thelicensing
worker or representative - of the Division or Family Services will make a
reinvestigation and a reeornmendation on licensure
m de based on
compliance with regulations for licensing.' It shall be indicate
wh'ether or,pot
the applicant is deemed qualified and equipped to render care conducive to the.
welfare of children.
22t}.
Conditional /Provisional Licenses.
es
Not specified
226.
Substantial Compliance
Substantial
Not specified'
230.
ENFORCEMENTPRCiCEDUR S
23L'
Facility Inspections
40.61.020 'Licensing Information.
After issuance of license, a worker will continue to visit the day care facility
throughout the year for supervision'or consultation, or both. Visits may either
be on an announced or unannounced liasis, and will be at varying times during
the hours that care is provided.
DAY CARE CENTERS
232.
Denial, Suspersion, Revocation of a License.
MISSOURI
MO REV. STAT. 5210.221 Division of Family Services
o Issue Licenses, Fix
`Standards and Make Investigations.
The Division of Family Services shall have the power and duty to investigate
the conditions of the homes and other places defined herein, inspect their
books and records, premises and" inmates, examine their officers and agents,
and revoke the license of such persons as fail to obey the provisions of -this act
or the rules and regulations made by the Division of Family Services.
233.
Remedies and Sanctions
233.1
Hearings
40.61.030 Hearings and Judicial Review.
Ten days notice, specifying reasons for proposed revocation,
1a11 be afforded
all persons before a revocation occurs. If a request for hearing, either written
or verbal, is received within a ten day period, revocation shall not occur until
the decision of the hearing officer upholding the revocation decision is issued.
Any person wishing to appeal the admifustrative decision of the Division shall
be entitled to judicial review.
.2
Decisions
See 233.3 Judicial Review
233.3 Judicial Review
MO. REV. STAT. 5210.241 Judicial Review.
Any person aggrieved by a final decision of the Division of Family Services
made in the administration of section 210.201 to 210.245 shall be entitled to
judicial review thereof as provided in chapter 536, R.Sivlo. Laws 1969.
51),
DAY CARE CENTERS
MISSOURI
MO, REV. STAT. 5210.245 Violation a Misdemeanor.
Any person who violates any provision of sections 210,201 to 210.245, or who for
himself or for any other person makes materially false statements in order to
obtain a license or the renewal thereof under sections 210.201 to 210.245, shall
be guilty of a misdemeanor. In case such guilty person be a corporation,
association, institution, or society, the officers thereof who participate in such
misdemeanor shall be subject to the penalties provided by law.
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
311.
General Administrative Requirements
40.61.020 Licensing Informations Application.
In addition, applicants for license to operate a day care center will also submit:
A proposed annual budget showing a plan for financial support, including
a schedule of fees to be charged.
A written narrative description of child caring practices and concepts,
proposed activities, and daily schedule for each age group in care.
If incorporated. artier of incorporation.
Statement of responsibility and delegated authority of a director or
administrator if other than the owner. If the facility is operated by a
board of directors, there shall be established written operating rules
and lines of responsibility.
10
DAY CA
CENTERS
MISSOURI
Verification pf the director's education or e
n e, or both.
40.63.020 Organization and Administration = Organization.
The organization of each day care center shall be such that legal responsibility
is clearly defined and administrative authority specifically placed.
The person, corporation, partnership, or organization operating a day care
center shall be respansi tie for:
All debts and obligations.
Establishment of a program of care based on sound health, education,
and child welfare practices.
There shall be clearly set forth in writing a statement of the authority and
responsibilities delegated to a director, administrator, or superizisor, if other
than the owner. When the responsibility for operation of a center rests with a
board of directors, the board shall establish written policies and procedures
whidh clearly establish the lines of responsibility governing the operation of
the center. These shall include a statement of the kind and extent of
authority delegated to the director employed to carry out the purpose of the
program.
40.63.095 Records and Reports.
The day care center shall be responsible for keeping records to meet
administrative requirements and to insure knowledpre of individual needs of
children and families.
The day care center shall keep recor
of daily attendance.
Reports to the Division of Family Services shall
submitted as requ
50J
11
DAY CA RF CEN
312.
Telephone
40.63.040 Physical Plant
MISSOURI
The day care center shall be equipped with a telephone in working order.
Proof of Operator Financial Capabilities
40.63.020 Organi
tion and Administration - Finances.
Sufficient f
shall be available at all times to care for the children in
accordance with the licensing requiremenis of tht Missouri Division of Family
Services.
Financial recorcb, including income and expenditures, shall be maintained in
sufficient detail to show the financial soundness of the day care center. These
records shall be available _for review by the Division of Family Services.
40.63.095 Record and Reports.
Each day care center shall keep bookkeeping and other financial roe
pertinent to the operation of the service.
314.
Irrsir ance
Not specified
320.
PERS0NNEL
321.
Publication of Personnel Policies
Not specified
322.
Constraints Against Employme-
Not specified
6-)
12
DAY CARE CENTERS
N DN- DISCRIMINATION
MISSOURI
331.
Requirements Prohibiting Deri inalion
40.61.020 Licensing Information - Discrimination Prohibited.
A licensed day care facility shall not deny a child admission or the benefits of
any program provided by the facility on the basis of race, color or national
origin. Every licensed day care facility shall have on file with the Division of
Family Services a written assurance provided by the Division of Family
Services that the facility will not deny a child admission or the benefits of any
program provided by the facility on the basis of race, color or national origin.
The written assurance shall be submitted with the application for licerre or
with first application for license renewal made after the effective date of this
section.
340.
RECORDS REQUIREMENTS
341.
Children
40.63.095 Records and Reports.
Case Records. A complete and current record shall be maintained for each
child and shall be readily available at all times. The record on each child
enrolled shall include the following:
Identifying information including:
Childs full name, birthdate, and =Tent address.
Father's full name.
Mother's full name.
Addresses of both parents, if available.
Name, address, telephone number (home and business) an signature of
person or persons responsible for child.
Name of person authorized to take child from the center.
Name, addresses, and telephone numbers of relatives.
Name, address, and telephone number of physician or clinic to be called
in an emergency.
13
Li 1
DAY ARE CENMRS
MISSOURI
Health information including:
Physician's pre-adthission re
Instruction for action to be taken in the event parent or physician
designated by parent cannot be reached.
Authorization for any special medications.
Continuing health information including:
Information on illnesses or medications administered while enrolled in
the day care center.
Information concerning any accident or injury to the child while at the
day care center or any emergency med=ical attention.
Any significant information learned from observing the child.
Annual physical examination report.
Information about enrollment and attendance including dates of admission and
discharge.
342.
Staff
40.63.095 Records and Reports.
Personnel records which include the physician's report on each member of the
staff (Including the director) shall be kept by each day care center,.
0
343.
Child Eligibility and Enrollment Requirements
40.-63.030 Admission Policies and Procedures.
Each day care center shall establish written policies pertaining to admission,
care, and discharge of children, and provide them to oarents at time of
enrollment.
Only children two years of age and older shall be accepted for care unless the
facility has been specifically licensed as an Infant-Toddler center and meets
standards for that type of care.
14
DAY CARE CENTERS
MISSOURI
If evening and/or nighttime ewe is to be offered on
regular basis, standards
shall be met as set forth for that type of care and the center will be
specific-rally licensed as an Evening and/or Nighttime Care Center. If the
regularly scheduled hours for daytime care extend slightly into evening or
rughttime hours, however, this will be recognized in the licensing investigation
and no. special mention will be made oh the license.
Normally, however,
children who have been in care all day should not remain in a day care center
beyond 6 p.mxnor should they be in care longer than 10 bows.
L,
Children shall be regularly enrolled for every day of the week k5 or 6 days) or
for specific days of the week and shall not be accepted for hourly,
intermittent care. When a day care center provides intermittent, hourly care,
it shall limit service to this kind of care and shall meet standards set forth for
that type of care.
Each day care center shall develop a procedure for admitting children which
shall include the following:
A personal interview or interviews
with a parent
to
exchange r
information and to arrive at a joint decision about admitting the child.
A plan for continuing relationship between the day care center and the
through scheduled conferences, written progress reports, or
the like.
A plan for admitting the child to the day care center that allows
gradual orientation to include a ore-admisdon visit by the child.
The following information shall be obtained by personal interview:
All identifying information.
All health information.
Information regarding a chills personal development, behavior
patterns, habits, needs, etc.
DAY CARE CENTERS
MISSOURI
Assurance that the parent has a practical and realistic way of
providing for the care of his child when ill.
Irstructions as to the action to be taken in case the parent or
ysician designated by parent cannot be reached in the event of
an emergency.
344.
Child Abuse Reporting
40.63.095 Records and Reports.
All day care providers shall acquaint themselves with the Child Abuse Law and
shall make a report of any simpected child abuse to the Child Abuse and
Neglect Unit of the Division of Family Serfices at the toll free number
1-800-392-3738.
345.
Confidentiality of
r
Re
remen
40.63.095 Records and Reports.
All records shall be confidenti
examination.
nd shall be protected from unauthorized
400. GROUP COMP
ITIONS OF CHILDREN
410.
STAFF /
D RATIO REQUIREMENTS
411.
Staff/Child Ratio as of March,
40.63.060 Personnel.
There shall be at least two adults on the premises at all times, except when
there are ten or fewer children. There shall be someone with the children at
all limes.
Child/Staff Ratio.
For ages .2 to 3 years. Groups-icom posed solely of two year old children, shall
have no less than one adult to eight children and no more than eight children in
a group.
6
DAY CARE CENTERS
MISSOURI
For ages 3 through 5 (Not in School). Groups composed solely of three, four
and/or five _year olds who are not in school shall have not less than one adult to
10 children.
For ages 5 and up -(In School). For groups composed solely of children who are
five years old and older who are in kindergarten or school, there shall be no
less than one adult to every fifteen children.
For Mixed Age Groups ages 2 and up. Groups composed of mixed age groups of
two years and older shall have no less than one adult to ten children with a
maximum of four two year olds. If children are in a large open grouping, the
1:10 child/staff ratio must be maintained at all times.
Age of
Number per
Size of
Children
Adult
Group*
2-3
8
3 through 5 (not in school)
10
5-up (in school)
15
2-up (maximum of four two
10
year olds)
Size of group is left open for ages three years and up to
flexibility in programming.
The Director or Supervisor.
There shall be a resporoible person in charge of the day care center at an
times.
8
The duties and responsibilities of the director or supervisor shall be clearly
defined in writing.
When a center cares for more than 30 children, additional staff shall be
provided to do the cooking, housekeeping, and maintenance. Teaching ror aid
staff should not be expected to do this routinely.
17
DAY CARE CENTERS
MISSOURI ir
412.
Methods of Com u
Staff /Child Ratios
See 411. Staff/Child Ratio as of March, 1981
420.
GROUP SIZE
42L
Group Size as of March, 1981
See 411 Staff /Child Ratio as of
arch 1981
422.
Methods of Computing Group Size
See 411. Staff/Child Ratio as of Marchz 1981
500. STAFF QUALIFICATIONS AND TRAINING REQUIREMENTS
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
Au
40.63.060 PersonneL
Only persons 18 years of age and older shall be counted in meeting the required
staff/child ratio. In case of an emergency, there shall be another adult
available to immediately be in charge of the group without neglecting another
group of children.
512.
Health
40463.060 Personnel.
All persons employed by a day care center who will be in direct contact on a
regular basis with the children shall be in good physical and emotional health,
as established by a physician.
DAY CARE CENTERS
MISSOURI
40.63.070 Health Examinations = Staff and/or Volunteers.
All persons employed by the center or who volunteer on a regular basIs shall be
in good physical and emotional health free of contagious disease or disabilities
that would,have a harmful effect on the child. This shall be established by a
physical examination performed within at least 90 dgys prior to employment.
Sued examination shall include a tuberculin skin test or a chest X-ray so that
the medical report will indicate that the individual is free of tuberculosis or
contagion. It shall be performed annually thereafter.
No one shall begin work with the children in a center until the physical
examination report is on file at the center. There shall be a current physical
examination report on each staff member and/or regular volunteer on file.
Staff and/or volunteers shall not work when ill if the health of the children
would be endangered.
513.
Education
Not specified
514.
Experience
Not specified
520.
PROGRAM DIRE CTOR QUALIFICATIO TS
52L
Abe
Not specified
522.
Health
See 512. HealtA
19
DAY CARE CENTERS
MISSOURI
523.
EducatiOn
40 63 060 Personnel
.
.
.
.
The director or supervisor must have completed and received credit for at
least 60 college hours in an accredited college or university which shall include
courses in education, psychology, or related fields. Two years of responsible
supervised full-time paid experience in working with children in a child care
setting 'may be substituted on a year for year basis for the educational
requirement
of
60
college
hours.
Note:
The
educational /experience
requirement for the director will be waived for any facility classified as a
group home at the time these rules go into effect that is reclassified now as a
day care center under these, revised rules.
524.
Es7erience
See 523. Education
530.
SUPPORT STAFF QUALIFICATIONS
40.63.060 Personnel - Clerical, Cooking, Housekeeping, and Maintenance Staff.
Persons employed solely for clerical, cooking, housekeeping, and maintenance
shall not be included as child-caring staff in the child/staff ratio.
These
persons may be used as emergency substitutes if personal qualifications and
duties permit.
Other Professional or Paraprofessional Staff.
When the day care center
employs or uses professional staff such as physicians, dentists, psychiatrists,
social caseworksrs, psychologists, or nurses, these persons shall meet the
professional standards set for these particular fields.
Paraprofessionals in
those fields must be under the direct supervision of a qualified professional.
20
DAY CARE CENTERS
MISSOURI
540.
POSX EMPLOYME
ICE: ORIENTATION AND TRAINING
541.
Pro-Fram Director
Not specified
542.
Child Caregiver S
Not specified
543.
t upport Staff
Not specified
600. PROGRAM OF ACTIVMES, INCLUDING EDUCATION
610.
PROGRAM REQUIREMENTS
611.
Program of Activities
40.63.080 Daily Activities and Care of the Child - Daily Activities.
Daily activities and experiences appropriate to the interests, needs, and
desires of the children in care shall be provided.
These shall include
educational play experiences and free choice of play, 'allowing for both group
activities _and individual interests.
Children shall be given encouragement, stimulation, and guidance in physical,
mental, emotional, and social adjustment.
The daily schedule shall provide a certain amount of regularity to permit the
children to have:
The security of knowing what comes next.
A regular schedule of physical routines, meals, -snacks, naps
and
toileting.
Provision shall be made for alternate periods of active play and quiet periods.
There shall be a quiet ,period before lunch, before unusually stimulating
experiences, and after vigoro s play.
21
DAY CARE CE
MISSOURI
Children who need special attention (new children having problems adjusting,
emotionally upset children, etc.) shall be given time on an individual basis.
Children shall be encouraged, but not forced to participate in group activities.
There shall be a variety of materials and activities provided which will permit
children to make choices.
Toys and materials for the children's use in self-clirectedactivities shall be
accessible to the children. The children shall be allowed and encouraged=` to
help themselves during the day between activities or at quiet times.
There shall be opportunities for children o play alone as well
in groups.-
Provision shall be made for both indoor and outdoor play with at least one hour
of outddd activities, except in extremely-inclement weather or if health of
Child indicates he should remain inside.
Field trips or excursions away from the center may, be made provided there is
written parental consent onfile and parents are notified each time prior to a
trip. Child/staff ratio shall be maintained on field trips.
612.
Program Equipment and Materials
40.63.050 Furniture, Equipment, and Materials - Tables and Chairs.
Each child shall have a chair and sufficient table space for eating and table
activities.
Chairs shall be proportioned so that- the children's feet can be firmly on the
floor .when they are sitting back as far as possible on the chairs.
'22
DAY CARE CENTERS
MISSOURI
.
Play Materials
d Equipment.
Educational and developmental play materials and equipment in sufficient
variety and quantity to meet the interests and needs of the children accepted
for care shall be provided.
All equipment shall be kept in good condition, free of sharp, loose, or pointed
parts, and well-painted. Only lead free paint shall be used.
Furniture and equipment shall be arranged so as not to interfere with exits.
613.
Nap Provision
40.63.050 Furniture, Equipment, and Materials - Tables and Chairs.
Sleeping Arrangements.
There shall be a cot or bed and appropriate bedding (a sheet and blanket) for
each child who naps. Cots shall be well-constructed.
Unless cots are kept permanently in place in a separate room they shall. be of
light weight and capable of being easily folded or stacked.
There shall be sufficient space in the sleeping room to allow at least two feet
on all
JF_, of cots except where it is in contact with the wall.
23
DAY CARE CENTERS
MISSOURI
40.63.080 Daily Activities and Care of the Child - Daily Activities.
The daily schedule shall provide a certain amount of regularity to permit the
children to have a regular schedule of physical routines, meals, snacks, naps,
and toileting.
614.
Discipline and Guidance
40.63.080 Daily Activities and Care of the Child - Discipline.
The day care center shall use only constructive methods of discipline.
Corporal punishment including spanking, shaking, and slapping shall not be used.
As discipline is a part of education in preparing a child for social living and
group participation, any technique which is humiliating or frightening to the
children shall not be used.
t
Punishment or threat of punishment shall not be associated with food, rest,
isolation for illness or toilet training.
700. HEALTH AND SAFETY
710.
HEALTH
711.
General Health Requirements
40.63.040 Physical Plant.
The walls and floors shall be finished so as to be free of cracks and splinters
and easily cleaned. Lead free paint shall be used for all painted surfaces.
The physical plant shall be reasonably clean and tidy at all times, free from
dirt and any evidence of vermin, flies, and rodent infestation.
24
DAY CARE CENTERS
712.
Health Assessments
MISSOURI
40.63.070 Health Examinations - Children.
The day care center shall require prior to admission of a pre-school child`a
physical examination report made within the past twelve months which
indicates the child is in adequate health and without handicapping conditions
or illness which would make his participatiop in group care inadvisable. For
the school-age child, a report shall be provided by the parent(s) at the time of
enrollment indicating the child's health history and any restrictions necessary
fob his/her care.
There may be an occasional situation where the need for day care is urgent
and a
medical
report
cannot be
secured
before
admission.
In
such
circumstances when the general health appraisal is adequate, the child may be
enrolled but the medical statement must be provided as quickly as possible and
in no instance later than thirty days.
713.
Immunizations
Not specified
714.
Sanitation
Not specified
715
Dail- 1:11hereeni_
40.63.080 Daily activities and Care of
Child - The In Child.
Children shall be observed for contagious diseases and other signs of illness not
only on arrival, but all through the day.
716.
Care of Sick Children
40.63.080 Daily Activities and Care of the Child - The Ill Child.
When any communicable disease occurs in the center...every child's parent shall
be notified individually and immediately.
DAY CARE CENTERS
MISSOUR
In case of illness, accident, or injury to any child, the day care center shall
make prompt arrangements for notification of parent or guardian and for
medical care if necessary.
Parents shall be notified immediately of any illness or injury to the child in the
day care center and specific instructions regarding action to be taken shall be
obtained.
Space shall be provided for the isolation of children who develop signs and
symptoms of illness during the day. This shall be an area not used by other
children.
A staff member shall always be within range of a sick child's call, or in close
attendance if needed.
An ill child shall be kept in isolation in Oe day care -center only until his
parent or responsible person can come for him. The parent shall be notified
immediately when a child becomes ill and requested to come for the child at
once.
717.
Medication and Special Diet_ Provisions
40.63.080 Daily Activities and Care of the Child - The Ill Child
It is recommended that medications not be administered at a day care center.
This responsibility.should be left with the parents at home. For special cases,
the, giving of medication shall be the responsibility of the director or
supervisor when authorized in writing by the parent and upon written direction
of a physician in cases of prescribed medications.
Medication shall be labeled with the child's name, the name of the drug, and
the directioro for its administration. It shall be carefully stored and returned
to the parents or discarded when no longer needed. The date and time of
administration, the name of the person giving medication and quantity of any
medication given shall be entered on the child's record.
26
DAY CARE CENTERS
MISSOURI-
718.
Waiver of Health
uirements
Not specified
720.
SAFETY
''', 721.
General Safety Requirements
40.63.040 Physical Plant.
The physical plant shall be safe and suitable for the care of children and for
the program of activities.
The day care center shall be located in an area which offers no hazards to the
health, safety, or welfare of the children.
Fireplaces and open-faced heaters, hot radiators, or floor furnaces shall be
protected by screens.
Open windows shall be securely screened. Safeguards
prevent children from
falling from window openings shall be provided.
Clear glass doors shall be plainly marked at varying heights to avoid accidental
impact.
All flammable liquids, cleaning supplies, poisonous materials, guns, firearms,
or other dangerous items shall be stored so as to be inaccessible to the
children.
For the health and safety of the children, smoking shall be permitted only in a
designated area away from the children.
Outdoor Play Space.
The surface of the playground shall have good drainage and be safe, suitable
for the children's activities, free of hazards such as broken glass, and other
debris.
27
DAY CARE CENTERS,
MISSOURI
The playground shall be well maintained.
The area under climbing equipment, swings, slides, and other equipment from
which children might fall shall be of resilient materials such as sand, grass,
tanbark, rubber matting and the like.
722.
Fire Safety_Require_ ents
Not specified
723.
Transportation
Not specified
724.
Safety Requirements for Equipment
See 612. Program Equipment and Materials
725.
Water Activities (Including Swimmin
40.63.040 Physical Plant.
Swimming and/or wading pools shall be constructed, maintained, and used in
such a manner as to safeguard the lives and health of the children.
Swimming pools and/or other areas such as ponds, lakes, or rivers shall be
fenced to prevent accidental or chance access by children. Wading pools that
are left filled with water when not in use shall also be protected in some way.
The water in the pool or other water areas shall be treated, cleaned, and/or
maintained in accordance with health practices and regulations as determined
by the local or state health authority.
726.
Emerency Procedures
40.63.080 Daily Activities and Care of the Child = Daily Activities.
Evacuation drills for emergencies such as fires, tornadoes, etc. shall be
practiced regularly with staff and children participating and the plan shall be
posted in a conspicuous place.
S2-6
28
DAY CARE CENTERS
727.
First Aid guppli
MISSOURI
40.63.080 wily Agtivities and Care of the Child - The Ill Child - First Aid.
The day care center- shall maintain first aid supplies sufficient to care for
minor injuries.
The first aid supplies shall be kept in a room or cabinet
'e
is inaccessible
to the children.
8004 NUTRITION AND FOOD SERVICE
810.
NUTRITION
811.
Nutritional Itequirernents
40.63.090 Nutrition and Food Service.
The diet shall be planned according to recognized nutritional standards. The
day care centers shall provide the child with approximately one-third to
one-half of his daily food needs.
A morning snack of fruit juice, raw fruit or vegetable, or other light food and
an afternoon snack of milk and crackers, fruit juice, raw 1,11it or vegetable, or
similar food shall be served to the children.
Meals shall be balanced and contain a portion from each of the four basic
foods.
One serving of milk per child shall be served daily.
Children shall be allowed ample time to eat and shall not be forced to eat.
V
29 5 r)4,
DAY CARE CENTERS
MISSOURI
Drinking water shall be readily available and conveniently located both to the
playrooms and to the playground so that the children are free to drink as they
wish.
pm
Waiver of Requirements
Not specified
82 0.
FOOD PREPARATION
821.,
Food Preparation and Service Requirements
40.63.040 Physical Plant - Indoor Space
Kitchen.
The kitchen of the day care center shall be equipped with stove, sink, hot and
cold running water, refrigeration, and storage space for food, dishes, and
cooking utensils, a dishwasher approved by the Division of Health, a three-vat
sink, or other substitute approved by the Division of Health.
Kitchens shall not be used for children's play activities, unless they are ad'ilt
supervised and part of the learning prOgram.
Kitchens shall. not be used for napping nor as passageways for children.
40.63.090 Nutrition and Food Service.
The water and milk supply and the method a dispensing shall be approved by
the local or state health authorities.
Sanitation and health standards in conformance with applicable state and local
laws and regulations shall be maintained in the storage, preparation and
service of foods. Powdered non-fat dry milk, shall not be used except for
cooking purposes.
Written menus shall be posted or copies provided to the parents to make it
possible for the parents to provide the balance of the child's dietary needs on a
planned basis.
30
DAY CARE CENTERS
Not specified
900. SOCIAL SERVICES
1000. PARENT PARTICIPATION
40.63.095 Records and Reports.
Periodic reports (not necessarily written) shall be submitted to parents on
health, behavior, and adjustment of the child.
MISSOURI
1100. INFANT AND TODDLERS
MO.
PROGRAM OF ACTIVrTIES
See DAY CARE CENTERS (Infant/Toddle Care)
1120.
HEALTH AND SAFETY REQUIREMENTS
See DAY CARE CENTERS (Infant/Toddler Care)
1130.
INFANT NUTRITION
See DAY CARE CENTERS (Infant/Toddler Care
1200. CHILDREN WITH HAN CAPPING CONDITIONS
1210.
PROGRAM OF A ruvrrms
40.63.030 Admission Policies and Procedures.
Children who have been diagnosed as physically handicapped, emotionally
distirbed, or developmentally disabled shall be accepted only upon referral
from
a
professionally
qualified
source
and an
individualized
plan a for
specialized care shall be on file.
31
DAY CAE CENTERS
MISSOURI
40.63.098 Special Services.
4t_
When day care centers are responsible for the administration of special
services such as case work, psychological counseling, medical or psychiatric
diagnosis and/or treatment, -such services shall be carried out by persons who
meet the educational and experience qualifications required in the field of
specialization.
1220. HEALTH AND SAFETY REQUIRE EN
Not specified
1230.
STAFFING
Not specified
1300. SCHOOL AGE CHELDREN
1310.
!RO RAM OF ACTIV_
40.63.080 Daily Activities and Care of the Child - Daily Activities.
Naptime - There shall be nap or rest time for children who spend a full day at
tip center.
Children shall be supervised by a ,responsible adult in close proximity to the
children throughout the nap period. The child/staff ratio shall be maintained
on the premises with an evacuation plan worked out for each group in case of
emergency.
If two years old are in mare, they shall be napped in an area separate from the
others so they can sleep undisturbed longer than the older children.
Preschool children who do not sleep shall not be forced to remain on tneir cots
longer than one hour.
School-age children can be encouraged to have a "quiet" time in the
early afternoon but shall not be forced to nap.
32
53
DAY CARE CENTERS
MISSOURI
a
When school-age children are accepted for day care the daily program shall be
designed to supplement both school and home life in the fallowing manner:
The program shall give freedom appropriate to the age and provide
opportunities for self-initiated and group-initiated activities that foster
self-reliance and social responsibility.
Arrangements shall be made for all children to participate in indoor and
playground activities that are stimulating and challenging to them.
Areas shall be set aside for rest and solitary activi
The school-age program shall not be a structured academic program.
The school-age children shall be permitted to engage in activities
outside the center in accordance with written notification and consent
of the parents and the ability of the day care facility to offer proper
controls.
Some of the
activities of school-age children shall be "real-life
experience activities" and activities which are realistically related to
the corn murlity in which the children live.
School= age boys and girls shall be given privacy in to_eting.
After- school
ck shall be provided.
1320. HEALTH AND SAFETY REQUIREM
40.63.040 Physical Plant
idoor Spa
When the day care center cares for school-age children, there shall be space
apart from the preschool program for their use.
DAY CARE CENTERS
MISSOURI
When a day care center offers care for school-age children, separate toilet
facilities shall be provided for the school-age boys and &is, except those
caring for kindergarten children (not older school-age) in connection with
preschool program.
1400. FAcILrFY REQUIREMENTS
1410.
SPACE
40.63.040 Physical Plant - Indoor Space.
The area designated for child care shall provide a minimum of 35 square feet
of useable floor space per child, occupied only by the children's play material
and equipment.
Floor space occupied by permanent bnilt-in ca'7inets and
shelves or large pieces of furniture or equipment not intended for children's
use may not be considered as useable floor snace, nor can kitchen, halls, and
bathroom areas be counted. If cots or cribs for napping we left consistently in
place, this space cannot be counted as useable square feet of floor space.
In a center located in a family home the area used for child care shall be
separate from the family living-quarters. Note: Any group home licensed for
ten to fifteen children on the date these reglations become effective shall be
exempt from this requirement provided the license continues for no more than
fifteen children.
There shall be storage space for play materials and equipment used by the
children, some of which is accessible to the children.
There shall be space for a childs clothing and other personal belongings
accessible to the child.
Space shall be so arranged to permit a variety of play a
out at the same time without interfering with each other.
32
34
be carried
DAY CARE CENTERS
ML9SOURI
Space shall be provided for office equipment, making and keeping records, and
for fransaction of business. This shall not iiterfere with the children's play
area.
An area for staff, breaks, separate from he children shall b provided.
Outdoor Play Space.
There shall be an outdoor play area fenced and conveniently located to permit
children to reach it without hazard. (Exception; centers used exclusively for
school-age children shall not be required to have a fence).
There shall be a minimum of 75 square feet per child of outdoor play area at
time of use with sufficient area available to accommodate one-third the
licensed capacity at one time.
40.63.050 Furniture, Equipment, and Materials.
There shall be space provided for each child's clothing and personal belongings
--
1420.
LIGHT C;VENTILATION, AND TEMPERATURE
40.63.040 Physical Plant.
All rooms used by the children shall be maintained at no 1 tss than 68 degrees
(20 degrees Centigrade) two feet from the floor.
Air conditioning, if used, and heating equipment installation shall
subject to
approval by the authority having proper jurisdiction.
Artificial and/or natural lighting shall supply at least 10 foo
ndles of light in
each room used.by the children as determined by the Division of Health.
35
DAY CARE CENTERS
1430.
EXITS
Not specified
1440.
TOILETS AND LAVATORIES
MISSOURI
,40-63.040 Physical Plant - Indoor Space - Toilet and Handwashing Facilities.
One flush toilet and one running water handwashing facility shall be required
for every fifteen children.
Toilet and handwashing facility shall be convenient, and accessible for the
,
children's use and in worker order.
Soft paper towels or individual towels and wash cloths shall be provided' f
each child.
If a center is licensed for more than fifty children, a separate bathroom m
be available for staff use.
=
1500 OTHER STATE REQUIREMENTS_- COMPLIANCE
STATE, AND REGIONAL LAWS AND R
REGIONAL
1510.
ZONING
40.63.040 PhysicalePlant.
The building and pre 1-1 ises shall conform to
supply, zoning and sanitation requirements
regulations of the State Fire Marshal and the
1520.
FIRE
See 1510. ZONING
H OTHER LOCAL
GULATIONS
construction, maintenance, water
of the locality and/or the state
Division of Health.
DAY CA R CE
MISSOURI
1530.
BUILDING
See 1510. ZONN G
1540. HEALTH
See 1510. ZONING
1550.
SANITATION
See 1510. ZONING
1560. NEW CONSTRUCTION
See 1510. ZONING
DAY CARE CENTERS
(Infant /Toddler Care)
Except where otherwise noted, all citations are from the Missouri Department
of Social Services,
Li ensin
Reo-ulations for Guild Day Care Facilities,
Chapter 64, Infant and Toddler Day Care Centers, 1979.
10 Oi` STATE LICENSING OF CHILD DAY CARE FACILITIES
110.
TYPES OF FACILITIES SUBJECT TO LICENSURE AS DEFINED BY
STATE STATUTES AND REGULATIONS AND/OR LOCAL ORDINANCES AND
REGULATIONS
Definitions
40- 64.010 Definition and Licensing Information.
A day care center for infants and toddlers is defined as a facility giving care
to children ages six weeks to thirty-six months, either exclusively or in a unit
auxiliary to a day care center for older children.
Missouri Statute 210.201
210.245 requires that any facility caring for more than four children shall be
licensed.
112.
Exclusions and Exemptions
Bee DAY CARE CENTERS
113.
HITS Day Care Compliance
See DAY CARE CENTERS
120.
AGENCY RESPONSIBLE FOR LICENSING OF DAY CARE PROGRAMS
=
121.
Organization of the Administrative Unit
See DAY CARE
ERS
122.
Responsible Official
See DAY CARE CENTERS
DAY CARE CENTERS
MISSOURI
(Infant/Toddler Care)
200. LICENSING PROCESS AND ENFORCEMENT PROCEDURES
210.
LICENSING PROCESS
211.
Promul
ion of Regulations
See DAY CARE CENTERS
212.
Advisory Body and Other Community Participation
Not specified
220.
LICENSING PROCEDURE
221.
'Application and Issuance
40-64.010 Definition and Licensing Information.
Day care centers providing care for infants and toddlers shall meet till the
requirements as set forth in this section as well as those given in 13 CSR
40-63.010 through 13 CSR 40-63.098 except those in sections (1) and (2) of rule
13 CSR 40-63.050, sections (3), (4), and (6) of rule 13 CSR 40-63.060, section (2)
of rule 13 CSR 40-63.070, and section (1) and (2) of rule 13 CSR 4043.080.
Rule 13 CSR 40-63.090 shall apply to Nutrition and Food Service to children
old enough to eat table food.
222.
Fee Charged
Not specified
223.
Areas of Investigation
See DAY CARE CENTERS
224.
License Renew 4l
See DAY CARE CENTERS
225.
Conditional/Provisional Licenses
See DAY CARE CENTERS
2
DAY CARE CENTERS
MISSOURI
(Infant/Toddler Care)
226.
Substantial Comeliance
Not specified
230.
ENFORCEMENT PROCEDURES
231.
Facility Inspections
See DAY CARE CENTERS
232.
Denial, Suspension, Revocation of a License
See DAY CARE CENTERS
233.
Remedies and Sanctions
See DAY CARE CENTERS
233.1
Hearings
See DAY CARE CENTERS
233.2 Decisions
See DAY CARE CENTERS
233.3 Judicial Review
See DAY CARE CENTERS
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
311.
General Administrative Requirements
40-64.020 Organization and Administration.
If a day care center accepts infants and toddlers, the play and sleeping space,
bathrooms, equipment, supplies, and staff for the infants and toddlers shall be
separate from those used for older children.
DAY CARE CENTERS
MISSOURI
(Infant/Toddler Care)
If infant/toddler care is provided in a unit auxiliary to a licensed day care
center for older children, two-year-old children may be cared for either in the
infant/toddler unit or in the unit for older children.
Each child shall be
evaluated on an individual basis and he/she shall be moved to the unit for older
children when he/she is ready developmentally.
An infant/toddler unit which is auxiliary to a licensed day care center for
older children, shall rtht care for children older than 36 months unless the total
number of children in care is four or fewer.
40-64.060 Personnel.
The 'center shall arrange to have the consulting services of a pediatrician,
other duly licensed physician or registererse available to them.
312.
Telephone
See DAY CARE CENTERS
313.
Proof of Operator Financial Ca ab'
See DAY CARE CENTERS
314.
Insurance
See DAY CARE CENTERS
320.
PERSONNEL
321.
Publication of Personnel Policies
Not specified
322.
Constraints Again Employment
Not specified
4
DAY CARE CENTERS
MISS CU
(Infant/Toddler Care)
330.
NON-DISCRIMINATION
331.
Rtguirements Prohibit ag Discrimination'
See DAY CARE CENTERS
340.
RE
ORDS REQUIREMENTS
341.
Children
See DAY CARE CENTERS
342.
Staff.
See DAY CARE CENTERS
343.
Child Eligibility and Enrollment Re u
ents
See DAY CARE CENTERS
344.
Child Abuse Reporting
See DAY CARE CENTERS
345.
Confidentiality of Records Requirements
See DAY CARE CENTERS
400. GROUP COMPOSITIONS OF C1-111,DREN
410.
STAFF/CHELD RATIO REQUIREMENTS
411.
Staff/Child Ratio as of March, 1981
40-64.060 Personnel.
The following child/staff ratios shall be maintained at all times:
For ages 6 weeks to 2 years. A group composed solely of children under
2 years of age shall have no less than one adult to four children.
5
54u
DAY CARE CENTERS
MISSOURI
(Infant/Toddler Care)
For ages two years to three years: A group composed solely of children
ages two years to three years shall have no less than one adult to eight
children.
For mixed age group ages 6 weeks to three years. A group composed of
children ages 6 weeks to three years shall have no less than one adult to
four children.
There shall be no more than one group of infants and/or toddlers in a
room or no more than three groups of two year olds in a room. If a
large room is used, there shall be partitions or dividers at least five
feet in height used to separate the infant and toddler groups.
Persons performing clerical, coking, housekeeping, and maintenance
duties shall not be included as child care staff in computing the
child/staff ratio.
412.
Methods of Coen uting Staff/Child Ratios
See 411. Staff/Child Ratio as of March, 1981
420.
GROUP SIZE
421.
Group Size as of March, 1981
46-64.060 Personnel.
A group shall not be larger han eight chil
en.
422.
Methods of Corn
Grout Size
See 421. Group Size as of March- 1981
DAY CARE CENTERS
(Infant /Toddler Care)
MISSOURI
500. STAFF QUALIFICATIONS AND TRAINING RECUIRE1vIE
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
Not specified
512.
Health
40-64.070 Health Examination.
The requirements for health examination for staf
CSR 40-63.070 (1) shall be met.
513.
Education
end volunteers as given in 13
40-64.060 Personnel.
The director or supervisor of an infant /toddler center (or unit) shall meet the
education or experience requirement as given in 13 CSR 40-53.060(5) with the
additional option that a licensed Registered Nurse shall r)e considered fully
qualified and a licensed Practical Nurse shall he credited with one year of the
two years of required supervised everience.
If infant/toddler care is offered in an auxiliary unit to one for older children,
there shall be a qualified supervisor for each unit. Overall administration may
be handled by either supervisor.
514.
Experience
Not specified
520.
PROGRAM DIRECTOR QUALIFICATIONS
521.
Agm
See DAY CARE CENTERS
510.
PROGRAM REQUIREMENTS
611.
Program of A
DAY CARE-CENTERS
1$0.NIISSOURI
ant ant /Toddler Care)
522.
Health
See DAY CARE CENTERS
523.
Education
See DAY CARE CENTERS
524.'xperience
See DAY CARE CENTERS
525.
General Pr
ram Directr
Qualifications
See DAY CARE CENTERS
530.
SUPPORT STAFF QUALIF I
ATIONS
See DAY CARE CENTERS
it
540.
POST EMPLOYMENT/IN -SERVICE. 0 ENTA
N AND TRAINING
541.
Program Director
Not specified
542.
Child Caregiver Staff
Not specified
543.
Support St
Not specified
600. PROGRA OF -.ACT'
ES IrN LUDING I EDUCATION
40- 04.090 Daily Activities and Care of the Child.
All requirements as given 13 CSR 40-63.080 (4) and (5) 5F-2-iall apply to an infant
and toddler day care center.
-10
DAY CARE CENTERS
MI MISSOURI
(infant /Toddler Care)
To help foster the emotional developrient of a child, he/she shall receive
primary care on a consistent basis by the 2 same staff person whenever possible.
Children shall be given encouragement,
stimulation, and guidance in physical,
mental, emotional and social adjustri---ient.
The daily activities
and play
experiences shall be planned in seegr
da.nce with the ages, developmental
levels, and interests of the children in
Children shall be on a flexible,
z ed schedule with. opporturn
rest, eating, and play.
Children shall not be left in a
awake.
Activities and experience shall include;
lay pen for long periods of time while
A time
each day when
each
child shall
receive
individual
attention, "special parenti=g", and play with adults,
involving
holding,
cuddling, talking,
and singing.
Verbal communication
shall be encouraged by reponding positively to the infant and
toddlers verbalization.
Opportunities for visual
t_L_-7a mutation through the use of colorful
mobiles, pictures, etc.
Encouragement in the devlopment -of motor skills by providing
opportunities for reachin,
grasping,
pulling
up,
e eeping,
crawling, and walking. Tne -re shall be times each day when each
child
is taken from the play pen or crib and allowed free
movement on the floor.
Opportunity
Opportunityfor outdoor
1
when weather permits.
DAY CARE CENTERS
MISSOURI
(Infm-it/Toddler Care)
Children shall' have constant care.
Child care personnel shall be alert to
various needs of the young child such as thirst, htmger, diaper change, fear.of
or aggression by the other children.
612.
Program Equipment and Materials
40-64.040 The Physical Plant.
Infants and toddlers shall have outdoor play space separate from that provided
for Islaildren over three years of age, or shall use the same space but at a
diffrent time.
Equipment especially designed for the infant/toddler age
grodp shall be provided.
40-64.050 Furnitu_r-e, Equipment, and Materials.
Tables and Chairs. Low chairs and tables or infant feeding tables shall be
provided for table play and meal time for children no longer being held for
feeding. High chairs shall not be used.
Play materials and equipment.
Equipment shall provide for exploration,
movement, pulling up, holding, grasping, touching, and listening.
613.
Nap Provision
40-64.050 Furniture, Equipment, and Materials - Sleeping Arrangements.
When children older than non-wallng infants are in care, sleeping shall take
place in an area separate from the play area. Cribs and/or cots shall be
consistently in place for infants and toddlers to nap. This space cannot be
counted as useable square feet of play space.
A wen-constructed crib with side rails shall be provided for each infant. Each
crib shall be equipped with a water proof mattress that completely fills the
crib. Sheets shall be replaced daily and when wet or soiled. Each child shall
be provided with his/her own blanket.
10
DAY CARE CENTERS
MISSOURI
(Infant/Toddler Care)
0
A well-constructed crib or cot with sheet an blanket shall be provided for each
toddler and/or two year old. Toddlers shall nap in a crib until the parent
grants permission in writing for a transition to be made to a cot. Cots shall be
well-constructed.
Cribs and cots shal1-13e-spaced at least wo feet apart.
614.
Discipline and Guidance
40-64-090 Daily Activities and Care of the Child - Discipline.
The day care center shall use only constructive methods of discipline.
Corporal punishment including spanking, shaking, and slapping shall not be used.
As discipline is a part of education in preparing a child for social living and
group participatiG, any technique which is humiliating or frightening to the
child shall not be used.
Punishment or threat of punishment shall not be associated with food, rest,
isolation for illness or toilet training.
700. HEALTH AND SAFETY
710.
HEALTH
711.
General Health Requirements
See DAY CARE CENTERS
712.
Health Assessments
40- 64.070 Health Examination.
Children ages two to three years cared for in an infant/toddler center or unit
shall meet the requirement for health examinations as given in 13 CSR
40-63.070(1) but shall not be accepted for care without a physical examination
report.
11
5 4 61
DAY CARE CENTERS
MISSOURI
(Infant/Toddler Care)
For each infanthoddier a physical examination shall be made within three
months prior to enrollnt, The report shall indicate that the child is in
adequate health and without handcapping conditions or illness which would
make group care inadvisable. No infant or toddler shall be accepted for care
without a physical examination report.
713.
Immuniz
Not specified
714.
Sanitation
40-64.090 Daily Activities and Care of th
hild
ToiletT raining.
Every effort shall be made to coordinate toilet training in the facility with the
program started by the parent. No effort shall be made to toilet train until
parent and caregiVer agree the time is right to begin.-
The routine for training shall be discussed with parrent so the same approach
will be used at the center and at home.
Disposable diapers or diapers from a professional diaper-service shall be used
unless a parent requests in writing that cloth diapers from home be used.
Soiled diapers shall be placed in air tight diaper disposal containers located in
the diaper change area. If cloth diapers are provided by the parent, individual
plastic bags shall be used to store soiled diapers for return each day to the
parent.
Diapers and wet clothing shall be changed promptly and regularly.
Persons
changing diapers shall wash their hands with soap and water each time after
changing diapers.
DAY CARE CENTERS
(Inlant/Toddler Care)
MISSOURI
A diapering table shall be used for changing diapers., The table shall be
thoroughly washed with soap, water and/or disinfectant after each use.
Diapering supplies and warm running- water shall he easily accessible to the
diapering change area. Disposable, soft, paper towels or tissues shall he used
to cleanse the child at each time of diapering.
The child shah not be left unattended at any time while on the diapering table.
715.
Daily Illness Screenink
See DAY CARE CENTERS
716.
Care of Sick Children
See DAY CARE CENTERS
717
Medication and S ecial Diet Provisions
See DAY CARE CENTERS
718.
Waiver of Health Requirements
Not specified
720.
SAFETY
721.
-General Safety Requirements
See DAY CARE CENTERS
722.
FireSafety_Requirements
Not specified
723.
Transportation
See DAY CARE CENTERS
724.
Safety Requirements for Equipment
See DAY CARE CENTERS
DAY CARE CENTERS
MISSOURI
(Infant/Toddler Care)
725.
Water Activities (Including Swimming)
See DAY CARE CENTERS
726.
Emmency Prodedures
40-64.090 Daily Activities and Care of the Child.
Fire drills and drills for other emergencies shall be held regularly.
An
evacuation plan shall be established, posted in a conspicuous place, and
reviewed with each new employee.
See also DAY CARE CENTERS
727.
First Aid Supplies
See DAY CARE CENTERS
800. NUTRITION AND FOOD SERVICE
810.
NUTRITION
811.
Nutritional Reiirpments
40-64.080 Nutrition and Food Service.
A written diet plan for each infant or toddler signed by the parent(s) shall be
provided and updated every two months until the parent(s) grant permission in
writing for the child to eat food(s) listed on the posted menu.
Formulas and special baby foods, and/or other special foods shall be provided
by the parent with individual identification on each container.
Unused
portions shall be discarded.
Until infants can hold a bottle comfortably, they shall be held during bo
feeding. Bottles shall not be propped:
14
tie
DAY CARE CENTERS
MISSOURI
(Infant/Toddler Care)
When an infant or toddler shows evidence of wanting to feed himself, he shall
be encouraged and'permitted to do so.
812.
Waiver of Requirements
Not specified
820.
FOOD PREPARATION
821.
Food Preparation and Service Requirements
See 811. Nutritional Requirements
Not specified
900. SOCIAL SERVICES
1000. PARENT PARTICIPATION
See DAY CARE CENTERS
1100. INFANTS AND TODDLERS
I110.
PROGRAM. OF ACTrVITIES
Not applicable
1120.
HEALTH AND SAFETY REQUIREMENTS
Not applicable
1130.
INFANT NUTRITION
Not applicable
DAY CARE CENTERS
MISSOURI
-
(Infant/Toddler Care)
1200. CHILDREN WITH HANDICAPPING CONDITIONS
1210.
PROGRAM OF ACTWITIES
See DAY CARE CENTERS
1220. HEALTH AND SAFETY REQUIRED TENT_ S
Not specified
1230.
STAFFING
Not specified
1310.
PROGRA
1300. SCHOOL AGE CHILDREN
OF ACTIVITIES
Not applicable
1320.
HEALTH AND SAFETY REQUIREMENTS
Not applicable
1400. FACILITY REQUIREMENTS
1
O.
SPACE
40-64.040 The Physical Plant.
An area within the facility protected from general walkways shall be reserved
for crawling children. This area shall have resilient floor covering which shall
be cleaned daily.
Safeguards to prevent children from entering unsafe or unsupervised areas
shall be provided.
Children shall only be eared for on the first floor level.
J5j
16
DAY CARE CENTERS
(Infant/Toddler Care)
MISSOURI
Infants and toddlers shall have outdoor play space separate from that provided
for children over three years of age, or shall use the same space but at a
different time.
Equipment especially designed for the infant/toddler age
group shall be provided.
See also DAY CARE CENTERS
1420.
LIGHTING VENTILATION, AND TEMPERATURE
See DAY CARE CENTERS
1430.
EXITS
See DAY CARE CENTERS
1440.
TOILETS AND LAVATORIES
40-64.040 The Physical Plant - Bathroom Facilities.
A minimum of one flush toilet facility and one handwashing facility shall be
convenient and accessible for every 16 children in care.
A minimum of one potty chair shall be provided for every four toddlers and/or
untrained two year olds in care.
The potty chair shall be located in the
bathroom, shall be emptied and rinsed after each use, and shall be thoroughly
cleaned and disinfected daily.
Locks shall not be used on bathroom doors.
Bathrooms shall be scrubbed and disinfected daily.
When using bathroom facilities, children shall be supervised by an adult.
17
DAY CARE CENTERS
(Infant/Toddler Care)
MISSOURI
1500. OTHER STATE REQUIREMENTS COMPLIANCE WITH OTHER LOCAL
STATE, AND REGIONAL LAWS AND REGULATIONS
1510.
ZONING
See DAY CARE CENTERS
1520.
FIRE
See DAY CARE CENTERS
1530.
BUILDING
See DAY CARE CENTERS
1540. HEALTH
See DAY CARE CENTERS,
1550.
SANITATION
See DAY CARE CENTERS
1560. NEW CONSTRUCTION
See DAY CARE CENTERS
DAY CARE CENTERS
(Night Care)
MISSOURI
Except where otherwise noted, all citations are from the Missouri Department
of Social Services, Licensing Regulations for Child Day Care Facilities,
Chapter 65, Evening and Nighttime Centers, 1979.
100. STATE I ICENSING OF CHILD DAY CARE FACILITIES
110.
TYPES OF FACILITIES SUBJECT TO LICENSURE 'AS DEFINED BY
STATE STATUTES AND REGULATIONS AND/OR LOCAL ORDINANCES AND
REGULATIONS
Definitions
4065.010 Definition and Licensing Information
Evening and/or nighttime care is child care provided in a child care center on
a regular basis in the evening and/or nighttime to more than four children
away from their own home.
112.
Exclusions and Exem tions
See DAY CARE CENTERS
113.
THIS Day Care Compliance
Not specified
120.
AGENCY RESPONSIBLE FOR LICENSING OF DAY CARE PROGRAMS
121.
Organization of the Administrative Unit
See DAY CARE CENTERS
122.
Responsible Official
See DAY CARE CENTERS
DAY CARE CENTERS
(Night Care)
MISSOURI
200. LICENSING PROCESS AND ENFORCEMENT PROCEDURES
210.
LICENSING PROCESS
211.
Promul -_tion of Re- ulations
See DAY CARE CENTERS
212.
Advisory -Body and Other Community Participation
Not specified
220.
LICENSING PROCEDURE
221.
Application and Issuance
40-65.010 Definition and Licensing Information.
Application for license and procedures for licensing
of day care facilities.
he same for all types
Centers specializing in evening and/or nighttime care shall be subject to all
the rules as set forth in 13 CSR 40-63.010 through 13 CSR 40-63.098 except
section (2) of ride 40-63.050$ section (3) of rule 40-63.050 and section (1) of
rule 40-63.080.
222.
Fee Char
Not specified
223.
Areas of Investigation
See DAY CARE CENTERS
224.
License Renewal
See DAY CARE CENTERS
225.
Condition-
rovisional Licenses
See DAY CARE CENTERS
2
DAY CARE CENTERS
(Night Care)
226.
Substantial Compliance
Not specified
MISSOURI
230.
ENFORCEMENT PROCEDURES
231.
Facility Inspections
See DAY CARE CENTERS
232.
Denial Sus. ension Revocation of a License
See DAY CARE CENTERS
233.
Remedies and Sane -(3
233.1
ilearings
See DAY CARE CENTERS
233.2 Decisions
See DAY CARE CENTERS
233.3 Judicial Review
See DAY CARE CENTERS
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
311-
General Administrative Re uirements
40-65.040 Personnel.
Adults on the premises shall be limited to staff, parents or tq authorized
persons.
One staf
ember shall be awake at all times.
5
DAY CARE CENTERS
(Night Care)
MISSOURI
During sleeping hours staff shall be in close proximity to the sleeping areas so
they can respond to
child needing attention.
See also DAY -CARE CENTERS
0
312.
Telephone
See DAY CARE CENTERS
014`.
Proof of Operator Financial Capabilities
See DAY CARE CENTERS
614.
Insurance
See DAY CARE CENTERS
320.
PERSONNEL
321.
Publication of Personnel 'Policies
Not specified
322.
Constraints Against Employment
Not specified
330.
NON - DISCRIMINATION
331.
Re uirements Prohibiting Discrimination
See DAY CARE CENTERS
340.
RECORDS REQUIREMENTS
341.
Children
See DAY CARE CENTERS
342.
Staff
See DAY CARE CENTERS
4
DAY CARE CENTERS
MISSOURI
(Night Care)
343.
Child Eligipility and_Enrollment Requirements
40-65.020 Admission Policies and Procedures.
Because of a
child's particular need for parenting at bedtime and on
awakening, special notes shall be made and included in the chjld's record
regarding any particular problem or fears a child may have or special items he
is used to having at bedtime.
Parental preference regarding bathing shall be noted and discussed and note
made of any other special request of the parent with regard to personal care
of the child.
,
344.
Child Abuse Re ortin
See DAY CARE CENTERS
345.
Confidentiality of Records Requirements
See DAY CARE CENTERS
400. GROUP COMPOSITIONS OF CHILDREN
410.
S'T'AFF /CHILD RATIO REQUIREMENTS
411.
Staff/Child Ratio as of March, 1981
See DAY CARE CENTERS
412.
Methods ofcomputinz_Btaff/Child_ Ratios
See DAY CARE CENTERS
420.
GROUP SIZE
421.
Cro E Size as of March, 1981
See DAY CARE CENTERS
DAY CARE CENTERS
MISSOURI
(Night Care)
422.
Methods of Corn_
Size
See DAY CARE CENTERS
500. STAFF QUALIFICATIONS AND T `AINTNG REQUIRENliNTS
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
Age
See DAY CARE CENTERS
512.
H ealth
See DAY CARE CENTERS
513.
Education
Not specified
514.
Experience
Not specified
515.
General Child Ca1selver Staff Qualifications
See DAY CARE CENTERS
520.
PROGRAM DIRECTOR QUALIFICATIONS
521.
?lie
See DAY CARE CENTERS
522.
H ealth
See DAY CARE CENTERS
523.
Education
See DAY CARE CENTERS
524.
Experience
See DAY. CARE CENTERS
DAY CARE CENTERS
MISSOURI
(Night Care)
525.
General Program Director Qualifications
See DAY CARE CENTERS
530.
SUPPORT STAFF QUALIFICATIONS
See DAY CARE CENTERS
540.
POST EMPLOYMENT/IN- SERVICE: ORIENTATION AND TRAINING)
541.
Program Director
Not specified
542.
Child Caregiver Staff
Not specified
543.
Support Staff
Not specified
600. PROGRAM OF ACTIVITIES, INCLUDING EDUCATION
610.
PROGRAM RE!-)T3IREMENTS
611.
Program of Activities
40-65.050 Program of Activities.
Agtivities and experiences appropriate to the interests, needs and desires of
the children in care shall be provided. These shall include educational play
experiences and free choice of play, allowing for both group activities and
individual interests.
Children shall be given encouragement, stimulation, and guidance in physical,
mental, emotional and social adjustment.
DAY ARE-CENTERS
MISSOURI
(NigWt Care)
f shall take into account the child's personal tempo, balancing out with
what he had done eqaper in the day and responding to his particular needs of
the evening.
Special effort shall be made by the center staff to individualize care at
bedtime and on awakening.
Parents should be consulted on the
child's
particular behavior patterns at these times of the day.
612.
Program Equipment and Materials
See DAY CARE CENTERS
613.
Nap Provision
40-65.030 'Furniture, Equipment, and Materials - Sleeping arrangements.
When overnight care is provided, the child shall have his own bed that
is
equipped witt springs, mattress, and suitable bedding.
Since parents
will
be
calling
for the
children at
various
hours,
room
arrangements shall take into consideration the child's need for undisturbed
sleep.
If a nap is necessary during evening care, there shall be a cot or bed and
appropriate bedding (sheet and blanket) available for each child who naps.
Cots shall be well constructed.
fi
Unless cots or beds are kept permanently in place in a separate room, they
shall be lightweight and capable of being easily folded or stacked.
614.
Discipline and Guidance
See DAY CARE CENTERS
DAY CARE CENTERS
MISSOURI
(Night Care
700. HEALTH AND SAFETY
HEALTH
,1
General Health Requirements
See DAY CARE-CENTERS
712.
Health Assessments
See DAY CARE CENTERS
713.
Immuni do
it
See DAY CARE CENTERS
714.
Sanitation
40-6 5,0 0 Furniture, Equipment, and Materials - Personal Belongings.
There sl al.l be space provided for each chnd's clothing and personal belongings.
Each child shall have sleeping garments either provided by the parent or the
day, care facility. They shall be clean, comfortable, and plainly marked with
the childs name.
Combs, brushes, and toothbrushes shall be individually and plainly marked with
the child's name.
When overnight care is provided, soap and tub or showers shall.be available.
See also DAY CARE CENTERS
715.
Daily Illness Screenin
See DAY CARE CENTERS
716.
Care of Sick Child-en
See DAY CARE CENTERS
DAY CARE CENTERS
MISSOURI
(Night Care)
717.
Medication and Special Diet Provisions
See DAY CARE CENTERS
718.
Giver of Health Requirements
Not spec
720.
SAFETY
,
721.
General Safety Requir
See DAY CARE CENTERS
722.
Fire Safety Requirements
Not specified
723.
Transportation
Not specified
24.
Safety Requirements for E ui ment
See DAY CARE CENTERS
725.
Water Activities (Including Swimming)
See DAY CARE CENTERS
726.
Emergency Procedures
40-65.050 Program of Activities.
Fire drills and drills for other emergencies shall be practiced regularly.
evacuation plan shall be established and posted in a coMpicuous place.
727
First Aid Supplies
See DAY CARE CENTERS
10
DAY CARE CENTERS
MISSOURI
(Night Care)
800. NUTRITION AND FOOD SERVICE
810.
NUTRITION
811.
Nutritional Requirements
Nutritional
See DAY CARE CENTERS
812',
Waiver of Requirements
Not specified
820.
FOOD PREPARATION
821.
Food Preparation and Service Requirements
See DAY CARE CENTERS
Not specified
900. SOCIAL SERVICES
1000. INFANTS AND TODDLERS
1110.
PROGRAM OF ACTIVITIES
See DAY CARE CENTERS (Infant /Toddler Care)
1120.
HEALTH AND SAFETY REQUIREMENTS
See DAY CARE CENTERS (Infant/Toddler Care)-
11394--
INFANT NUTRITION,
See DAY CARE CENTERS (Infant /Toddler Care)
DAY CARE CENTERS
(Night Care)
MISSOURI
1200. CHILDREN WITH HANDICAPPING CONDITIONS
1210.
PROGRAM OF ACTIVITIES
See DAY CARE CENTERS
1220. HEALTH AND SAFETY REQUIREMENTS
Not specified
1230.
STAFFING
Not specified
1300. SCHOOL AGE CHILDREN
1310.
PROGRAM OF ACT
ES
40-65.050 Program of Activities.
When the evening and/or nighttime care facility cares for school-age children,
there shall be space apart from the preschool mgram for their use including
an area for quiet study.
Separate sleeping areas shall be provided for school-age boys and girls, and an
area provided to allow privacy in dressing.
See also DAY CARE CENTERS
1320. HEALTH AND SAFETY REQUIREMENTS
Nit specified
1400. FAC L_
1410.
SPACE
REQUIREMENTS
40-65.030 Furniture, Equipment, and Materials - Sleeping arrangements.
Children shall sleep only on the first floor level.
12
DAY CARE CENTERS
MISSOURI
(Night Care),
There shall be sufficient space in the sleeping room to allow at least two feet
on all sides of the cot or bed except where it is in contact with tile wall.
See also DAY c4REC4NTERS
1420.
LICF TINGILATION, AND TEMPERATURE
40-65.030 Furniture, EqUipment, and Materials.
1
There shall be a night light in the bathroom and in the hall at all times, and in
the sleeping areas as individual children's needs require.
See also DAY CARE CENTERS
1430.
EXITS
Not specified
1440.
TOILETS AND LAVATORIES
See DAY CARE CENTERS
1500. OTHER STATE REQUIREMENTS - ,COMPLIANWITH OTHER LOCAL,
STATE, AND REGIONAL LAWS AND REGULATIONS
1510.
ZONING
See DAY CARE CENTERS
1520.
FIRE
See DAY CARE CENTERS
1530.
BUILDING
See DAY CARE CENTERS
1540. HEALTH
See DAY CARE CENTERS
13
56
I
DAY CARE CENTERS
(Night Care)
1550.
SANITATION
See DAY CARE CENTERS
1560. NEW CONSTRUCTION
See DAY CARE CENTERS
14
SSOURI
DAY CARE CENTERS
(Hourly Care
enters)
MISSOURI
Except where
otherwise niotpd, all citations are fr-c)rn the Missouri Department
of Social Services, Lice -sin
Re
a
Chapter 66, 1-1 curly Care renters, 1979.
for
hild Day Care Facilities,
STATE LITENSINC OF CHILD DAY CARE FAC
TIES
110.
TYPES
OF FACILITIES SUBJECT TO
STATE STATUTES AND FL EGULATIONS AND/OR
RECULATICI
111.
DefinitI0'
than four children outsidc their own home.
shall be liniitfd to this Ind of care, and, if
patterned, scheduled service, guidance shall
other child care arrangeMnts
40-66.010 Definition and L.ficensing Information
Hourly care is defined as mare given on an irre
112.
Exclusions
Exemptions
Sep DAY CARE CENTERS
113.
HHS Dom:
Not specified
ENSURE AS DEFINED BY
OCAL ORDINANCES AND
intermittent basis to more
Faiicties offering hourly care
ehii_cl care begins to become a
be offered
ffered to parents to make
120.
AGENC
RESPt N
ISLE FOR LICENSING t=3F DAY CARE PROGRAMS
121.
Cr
nib
ion of the
Administrative Unit
See DAY CARE CENTERS
122.
Responlble OfficiaL
See DAY CARE CENTERS
DAY CARE CENTERS
(Hourly Care Centers)
MISSOURI
200. LICENSING PROCESS AND ENFORCEMENT PROCEDURE
210.
LICENSING PROCESS
21L
PromiAgation of Regulations
See DAY CARE CENTERS
212.
Advisory Body and Other Community Participation
Not specified
220.- LICENSING PROCEDURE
221.
Application and Issuance
40-66.010 Definition and Licensing Information.
Application for license and-the procedure for-licensing are the same foNor all
types of day care facilities. (See 13 CSR 40-61.020).
See also DAY ARE CENTERS
222.
Fee Char e
Not specified
223.
Areas of Investigation
See DAY CARE CENTERS
224.
License Renewal
See DAY CARE CENTERS
225.
Conditional/Provisional Licenses
See DAY CARE CENTERS
226.
Substantial Compliance
Not specified
2
DAY CARE CENTERS
MISSOURI
(Hourly Care Centers)
230.
ENFORCEMENT PROCEDURIEES
231.
Facilit &specter's
See DAY CARE CENTERS
232.
Denial Sus enston, Revocatior----1 of a License
See DAY CARE CENTERS
233.
Remedies and Sanctions
233.1
Hearings
See DAY CARE CENTERS
233.2 Decisions
See DAY CARE CENTERS
233.3. Judicial Review
See DAY CARE CENTERS
300. ADMINISTRATION
310.
GENERAL ADMINISTRATI
311.
General Administrative Reuiements
40-66.010 Definition and Licensing 117=formation.
Facilities specializing in irregular
hourly, drop-in, or intermittent care of
children shall be subject to all
rules as set forth in 13 CSR 40-63.010
through 13 CSR 40-63.098 with the exception of all of rule 13 CSR 40-63.030,
section (3) of ride 13 CSR 40-63.040,
all of rule 13 CSR 40-63.095, and section
(2) of rule 13 CSR .40-63.070. If etar,z, e is provided for children under 24 months
of age, the facilities shall also rnet all of the rules set forth in 13 CSR
DAY CARE CENTERS
MISSOURI
(Hourly Care Centers)
40-64.010 through 13 CSR 40-64.090 with the exception of all of rule 13 CSR
40-64.030, section (6) of rule 13 CSR 40-64.040, all of rule 13 CSR 40-64.070,
and section (1) of rule 13 CSR 40-64.080.
312.
Telephone
See DAY CARE CENTERS
313.
Proof of Operator Financial Capabilities
See DAY CARE CENTERS
314.
Not specified
nce
320.
PERSONNEL
321.
Publication of Personnel Policies
Not specified
322.
Constraints Aairt Employment
Not specified
330.
NON - DISCRIMINATION
331.
Requirements Prohibiting Discrimination.
See DAY CARE CENTERS
340.
RECORDS REQUIREMENTS
341.
Children
40-66.060 Records and Reports.
A complete record shall be maintained for each child and
available at all times.
1 be readily
The record shall include the informatipn obtained
time of admission.
4
-4-
DAY CARE CENTERS
MISSOURI
Cflourly Care Centers)
There shall also be
Information concerning any accident, injur,ST or illness to the child while
at the facility, or any medical attention even.
Date and hours of admission and release along with the signature of= the
adult taking the child at the time of discharge.
'342
Staff
See DAY CARE CENTERS
343. Chilcment Re- _irements
40-66.020 Admission Policies and Procedures.
Children shall not be routinely accepted for more than four hours. In isolated
instances when an emergency or special situation warrants it, a child or
children may be cared for all day, but no longer than 10 hours consecutively.
Each center shall develop a procedure for receiving and discharging children
which shall include the following.
The following information shall be obtained by personal interview at the time
of admission:
All identifying information including destination and the make and
license number of their vehicle.
Signed statement from the parent that the child is in good health at
time of admission and free of contagious disease.
Instructions as to the action to be taken in case the parent or physician
designated by parent cannot beyeached;:n the event of an eme ency.
Name of adult authorized to call for child and when he will be picked
up. Identification shall be presented at discharge.
DAY CARE CENTERS
(Hourly Care Centers)
MISSOURI
Name, address, and telephone number of substitute person to contact in
any emergency.
344.
Child Abuse Reporfing
See DAY CARE CENTERS
345.
Confidentiality of Records Requirements
See DAY CARE CENTERS
400. GROUP CO POSITIONS OF CHILDREN
410.
STAFF/CHILD RATIO REQUIREMENTS
411.
Staff/Child Ratio as o f March, 1.981
See DAY CARE CENTERS
412.
Methods of Corn
h' d Ratios
See DAY CARE CENTERS
420.
GROUP SEE
421.
Group Size as of March,
See IAY CARE CENTERS
422.
Methods of Computing Group Size
See DAY CARE CENTERS
500. STAFF QUALIFICATIONS AND TRAINING REQUIREMENTS
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
Age
See DAY CARE GNTERS
DAY CARE CENTERS
MISSOURI
(Hourly Care Centers)
512.
Health
40-66.040 Health Examinations.
Adults working
in a hourly care
center shall
meet the same health
- -requirements-as -given-in-rule -13_ CSR 40-63.070 (1).
513.
Education
See DAY CARE CENTERS
514.
Experience
Not specified
520.
PROGRAM DIREQTOR QUALIFICATIONS
521.
Ism
See DAY CARE CENTERS
522.
Health
See DAY CARE CENTERS
523.
Education
See DAY CARE CENTERS
524.
_Exv-_,Itene
See DAY CARE CENTERS
530.
SUPPORT STAFF QUALIFICATIONS
See DAY CARE CENTERS
540.
POpT E _PLOY _ENT N-SERVICE: ORTENTATION AND- TRAINING
541.
Program Director
Not specified
542.
Child Caregiver Staff
Not specified
7
DAY CARE CENTERS
(Hourly Care Centers)'
543.
Support Staff
Not specified
MISSOURI
600. PROGRAM OF
ES;)INC -UDIN-G-EDUCA-_ ON-
610.
PROGRAM REQUIREMENT_
611.
Program of Ac
40-66.020 Admission Policies and Procedures.
Each center shall develop a procedure for receiving and discharging children
which shall include the following:
There shall be a designated person responsible for receiving and
discharging of children accepted for care.
These duties shall not
disrupt the child/staff ratio or leave any group unattended.
612.
Program Equipmen and Materials
Not specified
613.
Nap Provision
Not specified
614.
Discipline and Guidance
,
See DAY CARE CENTERS
700. HEALTH AND SAFETY
710.
HEALTH
711.
Ger ---al Health Requirements
See DAY CARE CENTERS
'8
DAY CARE CENTERS
MISSOURI
(Hourlyare Centers)
712.
frealth Assessments
40-66.040 Health Examinations - Children.
Signed statement from parent that child is in good helth and is free of
contagious disease.
Instructions for action to be taken in the event parent or physician designated
by parent cannot be reached.
3.
Immunizations
Not specifiI
714.
Sanitation
Not specified
715.
Daily Illness Screening
See DAY CARE CENTERS
716.
Care of Sick Children
See DAY CARE CENTERS
717.
Medication and Special Diet Provisions
Siee. DAY CARE .CENTERS
718.
Waiver of Health Require
Not specified
72 0.
721.
General Safety Re
emen
See DAY CARE CENTERS
Fients
Not specified
DAY CARE CENTERS
(Hoir ly Care Centers)
723.
Transportation
I Not specified
724.
Safety Requirements for Equipment
See DAYCARE CENTERS
725.
Water Activities (Including Swim
wirmmin
See DAY CARE CENTERS
726.
En_mgency Procedures
=
See DAY CARE CENTERS
727.
First Aid Sup_plies
Set DAY CARE CENTERS
810.
NUTRITION
MISSOURI
800. NUTRITION AND FOOD SERVICE
811.
Nutritional Requirement.
40-66.050 Nutrition and Food Service.
A mid-morning or afternoon snack of fru
juice, milk, and/or other light food
shall be served.
If children are in care longer than four hours or if mea Ls are served, all the
rules as set forth, in 13 CSR 40-63.090 shall be met,
812.
Waiver of Requirements
40-66.050 Nutrition and Food Service.
Meals do not need to be served to children who are in care for less than four
hours.
10
-r
DAY CARE CENTERS
MISSOURI
.
(How.ly Care Centers)
820. -)'FOOD PREPARATION
821.
Food Pre
on and Service
icements
Not specified
Not specified
900. SOCIAL SERVICES
`1000. PARENT PARTICIPATION
See DAY CARE CENTERS
1100. INFANTS AND TODDLERS
1110.
PROGRAM OF ACTFVMES
See DAY CARE CENTERS (Infant /Toddler Care
1120.
HEALTH' AND SAFETY REQUIREMENTS
See DAY CARE CENTERS (infantiToddler:Care)
1130.
INFANT NUTRITION
See DAY CARE CENTERS (Infant /Toddler Care)
1200. CHILDREN W
HANDICAPPING CONDITIONS
1210.
PROGRAM OF A
ITIES
See DAY CARE CENTERS
1220. HEALTH AND SAFETY REQUIREMENTS
Not specified
11
DAY CAR ME CENTERS
{ loony. Care Centers)
1230. STAFFING
Not spceiff-71-
MISSOURI
1300. SCITOOL
Sc
AGE C11 MDREN
1310.
PRCOGRAM OF ACTIVITIES
See DA y C-7,17ARE CENTERS
1320.
11 BIAALU-1 AND SAFETY REQUIREMENTS
Not specified
1410.
51:71iPCE
1400. FACILITY RE UIREIVMNTS
4066.030
Physical Plant.
Althowl)
outdoor space is not required in an hourly care facility, if ou -tdoor
play space e is used it shall meet all requirements as set forth in section
73) of
rule 13 CSF:r. 40-63.040.
See also 13& AY CARE CENTERS
1420.
I iGTING, VENTILATION AND TEMPERATURE
See DAY BARE CENTERS
1430.
See DAY
ARE CENTERS
1440.
TOILEr, TS AND LAVATORIES
See DAY BARE CENTERS
12-
-DAY CARE CENTERS
(Hourly Care Centers)
MISSOURI
1500. OTHER STATE REQUIREMENTS COMPLIANCE-WITH OTHER LOCAL
STATE, AND REGIONAL LAWS AND REGULATIONS
1510.
ZONING
See DAY CARE CENTERS
1520.
FIRE
See DAY CARE CENTERS
1530.
BUILDING
See DAY=CARE CENTERS
1540. HEALTH
See DAY CARE CENTERS
1550.
SANITATION
Not specified
1560. NEW CONSTRUCTION
Not specified
a
DAY CARE
NTERS
ONTANA
Except where otherwise no
o the Mon annhoartment o 7'
Social' and Rehr7,abilitation
1965.
-100. E STATE LII
or Day Care Centers, March
ilLDDAY CAR -Ant
110.
TYPES
OF FACR.
,E CT TO LICENSLYRE AS DEFINED 13-=-
STATE STATU=ES AND RELaut. TIONS AND/OR LOCAL O IDINANCES AN
REGULATION
7
Defin.
MONT. REV.
DES ANN. §53-4-01 De
'o
"Child rneans a person
er 12 years of age.
"Day-eat7=e facilit ' means a person, association on place, incorporate
or uniricrporated, that provides supplemental parental day -care center
or a gro-7 up day-care home. It does not include a person who limits car
to childr-m-en who are related to him by bloOd or m arriage or under h:
legal
gr_71-ridiarship
or
any
group
facility established chiefly fe
educab0,:,nal purposes.
"Day-ear--7'e center" means a place in which supplernentaIprental care i
provided = to 13 or more children on a regtilar basis.
"Group
day-care
home"
means
a
private
residence
in
whi
supplem-ental parental care is provided to 7 to 12 chdren on a regulate
basis.
DAY CARE CENTERS
MONTANA
Part Two - Standards for Day Care, Montana State Board of Health, Health
Regulation No. 29-01
Definitions.
"A Day Care Center shall mean any day care facility that receives seven or
more children for care for five Or pore hours of the day 'for five or more
consecutive weeks. It may include facilities' known as child care centers,
nurseries, and centers for the mentally retarded."
112.
ExClusions and ;Exemptions
See Rl
of nitians
113.
liFIS Da Care Compliance
Not specified
2
DAY CARE CENTERS
120.
AGENCY RESP ON
MONTANA
R LI-
NSING OF DAY CARE PROGRAIVIS
121.
Or
niza
the'Ad
Unit
Dire e tor
DEPART IVIENT O
SOCIAL AND
RBI AE3iLITATIv--7E SERVICES
Adminis-Lzrator
comMurny SERVICES DIVISION
Chi
f
ii3IIREA '
FSOC-fl IAL SERVICES
,
program IL- --tanager
PLANNENG AND
EVALUATION
Regional Day C
c___, Licensing Staff
District IDay Care
'Lleensing Staff
DAY CARE CENTERS
MONTANA'
Day care Licensing staff are housed in the five regions and seven district
offices within the ;regions. Staf-f are supervised at the regional and district
level and recei4suppport services from the state central office.
122.
Responsible Official
All inqu
should be addressed to:
Program Manager - Planning and Evaluation
Bureau of Social Services
Community Services Division
Department of S4cial and Rehabilitat ve Services
P.O. Box 4210
elena Montana 69,601
(406) 449-3865
200,
C NS
PROCESS AND ENFORCEMENT PROCEDURES
210.
LICENSING PROCESS
211.
P=1:311 tion of Regulations
MONT. REV. CODES ANN §53-4,-503 PowerS and Duties of the Depa
ent.
The department shall:
issue licenses to perso
regular basis;
o receive children into a day-care center on a
pres
ibe the conditions and publish minimum standards upon which
licenses and registration certificates are issued;
adopt rules for day -care facilities
-nsistent with the purposes of this .
part; and
issue registration certificates to p person or person s to receive children
into a family day-care home or group day-care home on a regular basis.
4
DAY CARE CENTES
MONTANA
MONT. REV. CODE
ANN. §53-4-504 Standards for Day Care.
In developing standa=ds, the department shall seek the advice and assistance of
the department of
-nealth' and environmental sciences and superintendent of
public instruction, r presentatives of day-care facilities, specialists in child
care, and represent_tives of parent groups who use the services of day-care
facilities. The stanffJards may pertain to:
MONT. REV. CODE. ANN. §53-4-508 Requirements for I_ icensure.
The departm.ent sha_-1 include in the minimum standards for. day-care centers
the following requirements:
The applicaniz his erloyees, and all those persons who will come in
direct contec -:. with the children are of good character.
The staff of
day-care facilitty is sufficient in number as provided by
rule to provi z_le adequate supervision and care of the children in the
facility.
Essential pro
----rams and_
carried on by the facility staff are
developed any carried gout with due regard for the protection of the
health, safety', development, and well-being of the children.
Applicant anc_ staff are qualified by practical experience or education
or training to
give good care and treatment to the children.
Intake recorder are kept on each child admitted for care.
The applican: and staff limit admissions to the
_um number
indicated on t .:ne current license.
The applican---
will arrange for the necessary precautions to
against comm ---_Anicable diseases.
rt
DAY CARE CENTERS
MONTANA
212.
Advisory Bod and Other Community Parti
ation
See 211. Promul
ulations
220.
LICENSING PROCEDURE
221.
Application
6 Issuance
MONT. REV. CODES ANN. -§53 -4 =502- License Required -- Registration
Required -- Term of License or Ristration Certificate
No Fee Charged.
No person, grbup 'of persons, or corporation shall:
establish or maintain a day-care center for children unless licensed to
do so,by the department;
operate a family day -care home or group day-care home without first
procuring a family "day-care or group day-care registration certificate
from the department.
The license and registration certificate shall set forth the ages and numbers of
children for whom supplemental parental tare may be provided. Licenses or
registration certificates shall be issued for periods not to exceed 1 year. The
department shall charge no fee to issue a license or registration certificate.
MONT. REV. CODES ANN. 553-4-503 Powers and Duties of the Department.
The department shall:
issue licenses to persons to receive children into a day-care center on a.
regular basis;
prescribe the conditions and publish minimum standards upon which
licenses and registration certificates are issued;
adopt rules for daycare facilities consistent with the purposes of this
part; and
6
DAY CARE CENTERS
MONTANA
issue registration certificate's to a' person or persons to.receive children
into a family dai-care home or group day-careThome on a regular basis.
MONT. REV. CODES ANN. §53,4-507,
Application,
for
License
or
Registration Certificate.
Application for a license or registration certi
ate shall be made to fthe
department in the county in which the applicant lives on forms prescribed b
the department.
Applications for _a license or registration certificate by Indians residing Ow-,
Indian reservations shall be made through the tribal governing body on forMs
prescribed by the department. Applications made through a tribal, governing
body shall be accompanied by a request by the tribal governing 1-)bc-ly that the
department
investigate
to
determine
whether a
license
or registration
certificate should be granted.
Within 30 days of receipt, of the application, the department shall investigate
to determine whether a license or registration certificate should be issued.
The License: Requirements. and Procedures - Application.
An application for a license shall be made to the State Board of Public -Welfare
through the county department of public welfare in the county in which the
applicant lives, on forms prescribed by the State Board. The applicant shall
take the initiative in contacting the representatives of the State Board of
Health and the State Fire Marshal's office for inspections of the facility, for
A.
day care.
Regular License.
A regular license may be granted to a center at any time that inspections have
been completed, and each of the three State agencies are satisfied that the
regulations are fully met. The expiration date will be at the end of a twelve
month period from the initial date of approval.
DAY CARE CENTERS
MONTANA
222.
Fee Charged
-
See 2211. Application and
uance.
223.
Areas of Invests Wort
Not specified
224,-
License ReneWal
MONT. REV. CODES ANN. §53-4-510
Renewal License --
Certificaie.-
f a licensed or registered day care facility desires to renew a license or
registration certificate the request for renewal shall be made, in writing, on
forms prescribed' by the department, in the county in which the applicant lives;
30 days prior to the expiration of its license or registration certificate.
egistration
The department may investigate and inspect the conditions and qualification
of a day-care center, gr-oup day-care home, or family day-care home seeking
or holding a license or registration certificate under the provisions of this part.
The department must visit and inspect at .least 15% ti:f all registered family
day-care homes and group day-care homeg in each of the governoryt`planning
regions annually.
Upon request Pf the department, the State department of health or the state -
fire marshal. or his designee shall inspect any day-car-e f\acility for which a
license or registration certificate is applied for or issued and shall report its
findings to the depaTtment.
The License: Requirements and Procedures - Renewal of License.
A request for renewal of a license shall be made in writing ten days prior to
the expiration date of the license.
53S
DAY CARE CENTERS
225.
Cond
al/Peovs
MONT. REV. CODES ANN. 553-4-50
w
Pros'
al License
Prnvisicna
Registration Certificate.
MONTANA
The department may issue a provisional license or provisional registration
certificate for a period which may not exceed 6 months if it finds that a
day-care facility or applicant does not meet all standards established by the
department, as long as the facility or applicant is attemptirig to meet the
minimum standards.
The deportment may not waive the requirement that a day-care center be
certified under the provisions of 53-4-505 and 53-4-506.
The License: Requirements and Procedures - Provisional License.
A provisional license may be granted according to section 7 of the licensing
` law for a period of not more than six months if it is found that a substandard
facility is attempting to meet the minimum standards. Certification by the
State Board of Health and the State Fire Marshal cannot be waived.
226..
Substantial Co
-ance
Not-specified
230.
ENFORCEMENT PROCEDURES
231.
Facility Inspections
MONT. REV. CODES ANN. 553-4-512
Licensees or Reg_istran
aintain
Records, Furnish Reports, and Permit Inspections.
It shall be the duty of every applicant for a license or for registration and
every licensee or registrant to give the right of entrance to and inspection of
premise to representatives of the department at reasonable times, to keep and
maintain such records as the department may precribe, to permit inspection of
these records, and to report to the department such facts as may be required
on forms furnished by the department.
5
;)
DAY CARE CENTERS
MONTANA
232.
Denial, Suspension, _Revocaon of a License
MONT. REV. CODES ANN. S531-4 -513
Denia4 Cancellation, Reduction,
Revocation, and Nonrenewal of Licenses and Registration Certificates
Fair
Hearing.
The Department, after written notice to- the applicant, licensee, or registrant,
may
suspend, cancel, reduce, modify, or revoke a license or registration
certificate upon finding that:
any of the applicable conditions set forth in this part as prerequisites
far_ttre issuance of a license or registration certificate no longer exist;
the licensee or registrant is no longer in compliance with the minimum
standards prescribed -by the department; or
the licensee or registrant certificate was
su
fraudulent pr
untrue representation.
The applicant, licensee, or registrant by written request may invoke the
opportunity Tor hawing on the department's action by requesting a hearing
within 10 days of notice of department action. The hearing shall be conducted
according to the department's rules.
The Li
se: Requirements and Procedures - Revocation of License.
The State B6ard of Public Welfare is responsible for the revocation of a
license to give day care services if it finds there has been a substantial failure
to -comply with the requirements establislLed Cinder the law as statedainder
Section 10 of the law.
233.
Remedies and Sanctions
233.1
Hearings
See 232. Dania_ Sus anion, Rev ration of a License.
tr7
Wit)
-10
DAY CARE CENTERS
MO
NA
233.2 Decisions
See 232. Denial, Suveroion Revocation of a License.
233.3
Review
MONT. REV. CODES ANN. S53 -4 -515 Violations.
If the department is advised or has reason to believe that a person, group of
persons, or corporation is operating a day-care facility without a license or
registration certificate, it shall make an investigation to ascertain the facts.
If the department finds that the day-care facility is being or has been operated
without a license or registration certificate, it may report the results of its
Investigation to the attorney general or the county attorney of the county
where the day-care facility is being operated for prosecution and request that
an injanction ba issued against the facility until a license or certificate is
issued.
The department may institute any action necessary to enforce compliance
with this part or any order or rule of the department under this part or to
obtain a judicial interpretation of any of the foregoing.
The department may, by its own attorney or counsel, any county attorney, or
the attorney general, initiate an action in the district court of the appropriate
county and be represented by such representative on appeal to the supreme
court of Montana."
-
MONT. REV. CODES ANN. S53-4-516 Penalty.
A person, grow of persons, or corporation who establishes or maintains a
day-care center or assists in conducting & maintaining a day-care center
Without first obtaining a liceme from the department as provided for in this
part is punishable
a fine not to exceed $500.
11
591
DAYCARE CENTERS
310.
GENERAL ADMI
300. ADMINISTRATION
TRATION
3U.
General Adminis
ive Requirements
MONTANA
The License: Requirements and Procedures - Statistical Repor
Day Care Centers will make a monthly report showing type of facility and the
number- of children provided with care. A prescribed form is provided by the
State Department of Public Welfare.
Buildings and Equipment of the Day Are Center.
In so far as passible, day care IS-Shales should be located in or near the
_neighborhoods where children needihem live.
Total Number of Children.
The total number_ of children cued for in a day care center shall be
determined by such considerations as physical facilities,Th staff, administrative
structure, travel dtances, and transportation.
Part Two - Standards for Day Care, Montana State,Board of Health, Health
Regulation No. 29-01 - Children Receiving Care.
The care of children shall not be combined with the care of the aged,
convalescent or maternity patients.
Children under two years of age shall not be accepted in day care centers.
312.
Telephone
Part Two - Standards for Day Care, Montana
re Board of Health, Health
Regulation No. 29-01 - Physical Facilities.
There shall be a telephone located on the premises and readily available for
use in case of emergencies.
5 9
12
DAY CARE CENTERS
(
313.
Proof of Operator f inancial Capebiliti
Not specified
314.
Records.
Public liabill y insurance and fire insurance shall currdntly be in force for he
protection of the operator, staff, and the day care facility.
MONTANA
320.
PERSONNEL
321.
Publication of Personnel Policies
Not specified
322.
Constraints Againstmployment
Not specified
330.
NON-DISCRIMINATION
331.
R
rjements Prohibilin Discrimination
Not specified \-
340.
RECORDS REQUIREMENTS
Records.
Intake records shall be kept on each child admitted for care.
The day care center shall keep an adequate record together with identifying
data and information on each child in care. This shall include:
593
DAY CARE CENTERS
Name and birthdate of gild:
MONTANA
Names, addresses, and home and office telephOne numbers of
en
Places of employment of the parents and their employer's addre
n
telephone number.
Family physician (refer to standards of State Board of Health, page cy
3) "Information shall be obtained from th'e parent or parents of each
child admitted ills to the physician- they Wish called for their child in
case 'of an emergency."
Name of person designated to call
he children.
Dates of admission and dischar
Daily attendance record.
Health record (see State Board of Health Standards, Part V page 3).
AU required identifying information is for the physical and legal protection of
the child and the center, and for use in case of an emergency.
ProvisionforHealth Care.
Such examinations. and immunization history will be recorded on forms
provided by the Montana State Board of Health (Exhibit A). The licensee shall
keep such medical certificates on file.
In addition, children under five years of age shall be immunized against
whooping cough. Any child with a history of measles would be considered
immunid. These requirements would be waived only in the case of a signed
statement
by
a
physicun
indicating
that
immunizations
would
be
contraindicated for health reasons.
594
14
DAY CARE CENTERS
MONTANA
N.'
Such
Such medical records shall be on file at the center for each child enrolled.
Parents should obtain for all children an Immunization Record Card (green
Plastic card - Exhibit C) showing dates of immunization.- Parents may contact
their local county health department for free irnmunizations.-
Information shall be obtaihed from the parent, or parents, of each child
admitted as t5e-the physakcian they wish called for their child in case of
emergency. Parents are to sign a rel&ase giving the operator the right to call
a doctor in case of emergencies.
342.
Staff
Provision for Health Care.
Every person coming in contact with chili:ten in the day care center shall have
an examination by a physician. The examination shall be for the purpose of
determining that the person is free from any physical or mental illness which
might conflict with the children's interest. It will include a test, or tests, to
determine the presence, or absence of active pulmonary tuberculosis.
This
requirement would pertain to all' employees and to all family members and
others residing. in the facility. All family members and other children residing
in the facility, under 12 years of- age, shall be immunized against diphtheria,
polio, nc;Nles and rubella. In addition, children under 5 years of age shall be
-
immunized against whooping cough. Any child with 'a history of measles would
be considered immunized.
343.
Child Eli= blit and Enrollment R uiremen s
Not specified
344.
Child Abuse Reporting
Not specified
345.
Confidentiality of Records Requirements
Not specified
595
DAY CANE CENTERS
MONTANA..
400. GROUP COMPOSMONSIOF CHILI REN
410.
STAFF/CHILD RATIOAEQUIREMEN--
411.
Child Ratio as of March, 1981
Child-Sta4f Ratio.
Proper provision must be made for persdnne will! appropriate qualifications
and in sufficient number to carry out the program according to approved
standards.
412.
,Methods
f Computing St ff /Chhild R
Personal Qualificatons of Teachers and Child Care Staff.
Each day care center shall have sufficient staff to prepare food and to keep,
the building clean and the premises neat.
'Service Staff.
,
There shall be at least twd staff members available at all times. If. ihe group
exceeds twenty (20) children there shall, be an additional staff member for
r-
each unit of children numbering up to ten (10).
\
tj
420.
GROUP SIZE
421.
. Group_ Size a of
ch 1981
Grouping by Age.
Children shall be grouped in a way that allows for -
Protection of younger and smaller children from the roughness of the
older children.
e..
Appropriate expectations and stimuintion for older children.
16,
DAY CARE CENTERS
MONTANA
Differences between younger and older children in interests, attention
span, and capacity to sit still. On occasions, younger and older children
should be together for constructive activity and play.
Size of Groups.
Each© group should have a full-time teacher and an assistant, and shall be
limited to the number of children-of a given age whose individual needs can be
appropriately met.
The dekrable number of children in
e-different age ,groups using enrollment
figures, is
L
-
%
two-to four year olds
'.12 to 15 children
four to five year olds
15 to 20 chUdren
five years old or Alder
20, to 25 children
The size of the group may add to the strain for small children, who, in a long
day-care day particularly, need some degree of closeness to an'adult.
422.
M ethos
Not specified
utnF Group Size
500, STAFF QUALIFICATIONS AND TRAINING REQUIREMENTS
510.
CHAD CAREGIVER STAFF QUALIFICATIONS
51L
Age
Not specified
17 5 9
DAY CARECEl -115
512. Health
MONTANA
Part Two - Standards for Day Care, Montana State Board of
Regulation No. 29-01
Provision for Health Care.
leatth, Health
----- Every person coming in contact with children in the day care center shall have
an examination by a physician.. The examination shall be for the purpose of
determining'that the person is free from any physical.or mental illness which
might conflict with the ciedren's interest. It will include a test, or tests, to
deteirnine the presence, or absence of active pulmonary tuberculosis.
This
requirement would pertain t
all employees and to all family members and
others residing in the facility. All family members and other "children residing
in the facility, under 12 years_ of age, shall be immirdzed against diphtheria,-
polio, measles and, rubella. In addition, children under 5 years of age shall be-
ithMunized against whooping cough. Any child with a history of measles would
be considered immunized.
Such examinations and immunization history will be recorded on forms
provided by the Montana State Board of Health. The licensee shall keep such
die
certificates on file.
Education-
See 514. Experience
514.
Experience
Personal Qualifications of Teachers and Child Care Staff.
Teachers and others who work directly with children should be selected on the
basis of personal-qualities, as well as other qualifications.
Personal qualifications are of primary importance, because of the influence on
the child of his relationship with the person with whom he spends long hours
each day.
18
DAY CARE CENTERS
MONTANA
The following
s are among the most essential for teach
oup1eader or
day care mother:
Interest in and capacity for enjoying children.
Capacity to discern the feelings and needs of a child, and deal, with
them sympathetically.
Ability to deal in a ,nonpuni ive tut
m fashion with out-of-bounds
behavior.
Agility to 'accept violently expressed feelings - joy-6r sadness, rage,
love, jealousy or grief -- without-being undtily upset.
Dependability and, consistency.
Flexibility and willingness to learn.
Capacity for pleasant and cooperative reltionships with other adults.
Resourcefulness.
Respect for differences of children and parents in various cultural
groups.
520.
PROGRAM DIRECTOR QUALIFICATIONS
521.
AV
Not specified
522.
Health
See 512. Health
523.
Education
See 513. Education
524.
Experience
See 513, Education
530.
SUPPORT STAFF QUALIFICATIONS
Not specified
19
5
DAY CARE CENTERS
MONTANA
540.- PO i EMPLOYMENT/IN ERVICE: 0 R.IENTATION AND TRAINING
541.
Program Director
Not specified
542.
Child Care ver'Staff
Not specified
543.
pport Staff
Not specified
600. P
GRAM OF_4CT
INCLUDING EDUCATION
610.
PROGRAM REQUIREMENTS
611.
Program of Actin
Not specified
612.
Program Equipment and Materials
Playroom Equipment.
The
furnishings
and
equipment -available
for
the
children,
and
their
arrangement, contribute t? a large eNtent to the quality of the program, by
making children secure and comfortable, inviting their interest, promoting
cooper tive play, and suggesting both active and quiet play.
Equipment shall be arranged so that children can move about easily and safely,
and use it to the best advantage.
Materiels on shelves, at easels, workbench, etc. shall e kept within children's
reach.
F urnishi
Furnishings should be
the group.
propriate to the age, size and activities of children in
20
t
D Y CARE CENTERS
Well-made tables, chess and shelves should be of appropriate he
MONTANigir
for children's comfort and reach.
and size
Movable low shelves, such as those on isifieels or casters Sr low s6reens. should
be availtibl* for divi)'cling areas of special activity, such as housekeeping pr doll
play, blocks, books, magazines, science, music, painting, woodworking, or quiet
play.
r
7
A flat - bottomed sink and necessary equipment for water play should be easily
accessible.
Playground Equipment.
Equipment' whiff requires as litt143supervision as possible steal
-
and shall be so arranged that the whole playground can be readily su.pery
Since children develop their muscles by using them, there should be space.for
running, apparatus for climbing, and supplies for building. There should be
enough different kinds of 'equipinent so every child hag the, opportunity to lift,
pull, push and climb during outdoor play houis,.
The supports for climbing and other large equipmellt shall be securely
anchored at least eighteen inches underground. There shall be no protruding .
corners or edges of the support which children might fall against or stumble
over.
613.
NEw. Provision
Part Two - Standards for Day Care, Montana State Board' of Health
Regulation No. 26-01 - physical. Facilities.
Napping facilities shall consist of individual cots, beds, or mattresses. These
cots shall be separated from each other by at least two feet in all directions.
Individual bedding shall be provided and kept in a clean and sanitary condition
at all. times. For children receiving care for five hours, or less, washable
individual rugs or pads may be used for a short rest period. Such rugs or pads
should be used for no other purpose.
21
601
DAY CARE CENTERS
Program.
There, shall be a .supervised n
period
for children five years of age and Older..
614;
Disc cline and Gui
rice
Net specified
710.
HEALTH
MONTAA-
711
General Health Requirements
Part Two - Standards for Day Care, Montana State Board o
-Regulation No. 29-01 - Provision for Health Care.
Health
All adults at the center shall abseht themselves whenever any
ontagious }or
infectious condition of their own exists, or is suspected of eiisting.
712.
Health Assessments
See 341. Children
713.
Immunizations
See'341. Children
714.
Sanitation
Part Two - Standards for Day Care, Montana- State Board of Health, Health
Regulation No. 29-01 - Physical Facilitieg.
The building and premises shall, be maintifined in a cleiin and hazard-free
condition. The operator shall remove, or cause to be removed, any dangerous
abject or condi
'
Floors shall be smooth and freeof cracks, easily cleanable and sh
slippery. Bare concrete is not allowed. Carpeting is permissible.
22
be
DAY CARE CENTERS
MONTANA
Water shall be from a source approved by tr_lle Montana State Board of Health.
Any wells, springs, or cisterns
in use 51 -Ilan be located, constructed and
maintained in an approved manner, approvd by the Montana State Board of
Health. The Board of Health may require,
when the day ears center water
supply is not
from an approved public
supply, periodic inspections and
examinations of the water to determine its
quality in the same manner as the
Board does for public water supplies.
All plumbing shall be
designed to meet t_M-he minimum requirements of the
Montana State Plumbing Code. Wher a public sewer system is available, all
plumbing fixtures shall be connecte to that sewer. Private sewer disposal
systems shall be approved by the "%lantana Sh.=ate Board of Health.
Buildings and Equipment of the Day Care Cerenter.
The building must be sound in structure, safe for children, and as fire - resistant
as possible.
(See your State Fire r
litions for day CE'
2 centers and
sanitation laws in Standards for Operation =lof Day Care Centers by the State
Board of Health.)
715.
Daily Illness Screening
Part Two - Standards for Day Care, Montatina State Board of Health, Health
Regulation No. 29°:01- Provision forHealth rare.
There shall be a daily appraisal of the
children's heal. The center is
responsible for instructing each parent to 1.4-ep the-child home if he shows any
sign of illness.
DAY CARE CENTERS
716.
Care of Sick Children
MONTANA
Part Two - Standards for Day =are, Montana State Hoard of Health
Regulation No 29-01 -Physical F- acilities.
There shall be a suitable isolatin room for the complete ia-solation of children
are ill, or suspected of hawing a communicable diseae, where the child
may be kept until arrangements can be made to send the cild home. An adult
shall be immediately available tow. an isolated child.
Provision for Health Care.
When a child is absent, the day
care center shall inform itself of the reasons,
so the interests of the other chi fidren may be properly protected. If it is a
suspected communicable diseas-e, the day care center s =ball so inform the
health officer. No child shall be
readmitted after an absence until the reason
for the absence is known and th ire is assurance that his rameturn will not harm
him or the other children. Cortmanicable disease charts
are available from
the State Board of, I-I eahh.
Records should be kept of all ivies, including date, tirr
e of day, nature of
injury, and whether the parent ws notified.
717.
Medication and Special lit Provisions
Part Two - Standards for Day =ar
Montana State Board. of Health, Health
Regulation No. 29-01 -Provision -for friealth Care.
No day care center shall undertke the care of a child rewiring medications
unless proper instructiou have ben given by a physician.
718.
Waiver of Health Require= ents
Not specified
24
DAY CARE CENT
720.,
SAFETY
721.
General Safety Requirements
MONTANA
Pert Two - Standards for Day Care, Mon
8na State Board of Health, Health
Regulation No. 2901- Provision for Health
Care.
Medicines, poisons, firearms, sharp - point =ed scissors and other potentially
dangerous substances, and instruments shall _ be kept out of reach of children at
all times.
722.
Fire Safety Requirements
Not specified
723.
Transportation
Not specified
724.
Safety Requirements for Eq_ui ment
Not specified
725.
Water Activities (Including Evimrai
Not specified
726.
Emergency Procedures
Not specified
727.
First Aid Supplies
Part Two - Standards for Day Care, Mon=ana State Board of Health, Health
Regulation No. 29 -01- Provision for Health
Care.
Each day care center should develop its policies for first aid. These policies
should include directions for calling paresmts or someone else designated as
responsible for the child when a child is sick or injured. When each child is
enrolled, arrangements should be made 1.4.-vith the parents as to the child's
physician in case the parent or other
les
cignated person is not available,
permission should be obtained for a olirwct referral for care in case of
emergency.
DAY CARE i E TERS
MONTANA
Standard Red Cross first aid procedures should be carried out a!nd each person
in charge should be familiar with them. Remember first aid is only what is to
be done until a physician is available.
A flit aid cabinet should be easily acceSsible in each day care center, one on
each flow if the center is occupied by more than one floor and one in each
wing if there is more than one wing. The first aid cabinet should contain the
following supplies (and no more):
a.
b.
c.
d.
e.f.
g-h.
i.
scissors
clinical thermometer
gauze bandages, 1" & 2"
rolls
adhesive tape
absorbent cotton
rubbing alcohol
tincture of merthiolate
applicators
toothpicks
m.
n.
0.
soap, preferably
tinct erre of green
tongue depressors
tweezers
band-aids
safety pins
large triangul
bandages (large
square)
supply
of
dresd
approximately
erile
(311
First aid kit should not contain ointment for burns. Burns should be covered
with large, dry, sterile compresses or strips from freshly laundered sheets. A
person should be designated to keep supplies in the cabinet replenished. A
place with cots should be available for emergency care and hot and cold water
facilities and soap and paper towels should be available. Also there should be
a toilet nearby.
6)
6
26
DAY CAR
CENTERS
810.
NUTRITION
MONTANA
800. NUTRITION AND FOOD SERVICE
811.
Nutritional Req
e ents
Part Two - Standgrds for Day Care, Montana State Board of Health, Health
Regulation No. 29-01- Program.
Children remaining in the center for as much as 2 112 hours sbn11 receive
midmorning and midafternoon refreshments such as fruit, fruit juice or m
AR rack served shall be pasteurized. If children remain in the center for more
than four hours, a full balanced meal, of at least one hot dish, shall be
provided by the facility.
This meal shall provide 1/3 -to 1/2 of the child's total daily requirements of
calories, protein, minerals and vitamins. Each meal shall consist of a main
dish of meat, eggs, fish or cheese, or an adequate substitute, a vegetable,
whole grain or enriched bread, or cereal, and butter, fruit and milk,
of the food served shall be kept on file. Noon or evening meals shall be
preceded by a quiet period of relaxation for at least 10 minutes.
Those
responsible for the care of the children shall provide for handwashing prior to
eating. Children shall be comfortably seated at tables for meals.
812.
Waiver of Requirements
Not specified
27
U
DAY CARE CENTERS
821.
Food` Preparation and Service Requirements
MONTANA
Part Two - Standards for Day Care, Montana
e Board of
, Health
Regulation No. 29-01 - Physical Facilities.
Kitchen facilities need to be separate from the playrooms, yet located so that
food can be transported readily, kept hot and be easily served. They shall be
well lighted, cliein and orderly.
Adequate provision for refrigehition of
perishable foods, sanitization of dishes and silver, and a sanitary method of
garbage disposal Ewe basic requirements. An automatic dishwasher using
1800 is recommended, preferably with an electric coil in into dry the dishes.
Chemicals or hot water' immersion may 'be used for sanitizing dishes.
A
conveniently located pa.ntry or storeroom for staples and canned foods adds to
the ease with which meals are prepared. An easily cleaned surface for walls
and flooring of rooms where food is prepared and stored is required. A sink for
washing hands shall
be
immediately accessible to
kitchen staff.
The
Regulation for Eating and Drinking Establishments shall be used as a guide.
Sanitary drinking facilities shall be provided by means of:
Paper cups.
Indisddul cups or glasses washed after each use.
Fountain of approved design.
Not specified
900. SOCIAL SERVICES
28-
-DAY CARE CENTERS
MONTANA
1000. PARENT P.A.RTICIPATIC=eN
ANTS AM4DIODDLEMS
1110.
PROGRAM OF ACTIVITIES
Not specified
1120.
HEALTH AND SAFETY RE
E
N
Not specified
1130.
INFANT NUTRITION
Not specified
1200. CHILDREN WITH HANDICAPPING CONDITIONS
1210.
PROGRAM OF ACTIVITIES
Part Two - Standards' for Day Care, Mt=kntana State
Board of
lth, Health
Regulation No. 29-01- Children Reeeivinm- Care.
Handicapped children miy Ise Incrucleei
in the group provided a suitable
program is provided for them and pro videmati that there would not be a hazard to
the other children. TheFe shall be adecimante staff witio are familiar with and
able td cope with problems.
1220. .HEALTH AND SAFETY. REQUIRE
Not specified
1230.
STAFFING
Not specified
29
60ri
DAY CARE CENTERS
MONTANA,
1300. SCHOOL AGE CHILDREN
O.
PROGRAM OF ACTIVITIES
Not specified
1320.
HEALTH AND SAFETY REQ
E E I
Not specified
1400. FACILITY RE UIREMENTS
1410.
SPACE
Part Two - Standa-rds for Day Pare, Montana State Board of Health, Health
Regulation No 29' -01 -= Physical Facilities.
Only ground, or first floor space may be ti.s.c1 in caring fpi
following exceptions:
ghildren, with the
\ A warm, dry, well - ventilated and lirrited basement with two accessible
exits may be used for part-day swans not exceeding three h6urs if
basement meets the above reguireMftrits. In addition, basement must be
attractive in appearance - no bare c.9ment wall or floor or open beams
shall be exposed.
A basement area shall not be used for full day care.
Upper floors may be used when they are entered from enclosed
stairways with safety rails, have girds across windows and at top of
stairs, and havertwo exits meeting recmjuirements of State Fire MeLrshal.
The indoor area for play of the group receilAng care shall contain a minimum
of 35 square feet of usable floor space per child, exclusive of passageways,
-lockers, bathrooms and other space not Primarily designated na play area.
School children of the operator will nit be included
in snaking these
calculations.
j)..-ATCARE C I
PiTER S
TANA
f
eh child shall:
be provided with individual space for his ©utergarrnents,
extra
otilIng, and pes=issessions.
-X' lithe outdoor plaimay area shall contain at least 100 sq. ft. of atable play spae per
Ph"2iild'and shall
be free from such hazards as pools, wells, hisehiriry, and
harsh
at:21-asIve rnateri-ials such as gravel. It shall be so placed that at tendant=s can
cee.epall chficlres =n in view at all times. If any part-of the playground is 44 lacent
tc =::. a highway, l=rbusy thoroughfarl, or other hazardous area, the play area _s shall
tied enclosed Wit
h fencing. There shall be provision for outdoor play l7Rdeler the
1rvision of &Ian adult in suitable weather.
a---uUdings and %o:quipment of the Day Care Center.
'lIThe structure
and design of the building have a marked Influence Gan the
ntrogarn offere d to the children. When a building is appropriate for crirTildren,
it z is passible t.=-o early on activities with greater ease, and toiliuire
fewer
colicritroLs for ssetfety. The size and location of rooms, as Wallas the killtmed and
qunsztntity of fac-nillties available, also have an effect on cons fort and relar=ca
oft
both ehfldrerti and adults.
P"; lityroorn EquiPcpment.
A __deluge storamige space should be available for cots, f rr extra clothit7m-ig for
ecurnergencies, arT nd for supplies and materials to replace those used.
e of Groups. -
P- ach group sho Auld have its wan facilities and program, in
ame buildzEdng or
it
separate buil ladings.
31
611
DAY CARE CENT-11.$
MONTANA
1420.
I
H NG
AlqDTE 13=-RATURE
Part Two
5landar_rds for Day C
a
Mor
Regulation No.29-01 - Physical Pac
State Board of Health, health
All quarters cecupiied by the children shall be acidequately lighted.
The combinesdnatux-al and artificial lighting sh
it reach a minimum of 25 to 36
feet candles in au parts of the roam, Windcwows should be located so as to
permit the childrem to see outdoors.
A ternperato oE- pip to 700P. thin two feet of the floor shall be
maintained for eh -dren's play areks, and be
free from drafts and sudden
temperature ehangs.
A therm° e rsha_11 be placed Imes troom-usened by the children.
Electric heaters, or portable heaters, shall not
be used. Radiators shall have a,
protective ceyverir..
1430.
EXITt
Playroom Equipmet-it.
Doors and tt-ific Xanes shall be kept clear of
blocks and other equipment, so
that children an ei.ter and leave the nom easily.
ti
1440.
TOILA
I) LAVA 0
Part Two - Otsnder_rds for Day Care,
na _ State Board of health, Health
Regulation N. 4, 29-a
Physical Pacili tics,
Bathroom fa4llitie
shall be readily 8Cees5ibl
e. There shall beat least one
toilet and adequate- provision made forhand wrtshing for the children receiving
care.
e
DAY CARE CENTRE
MONTANA
1500. OTHER STAFFREQ MlEMENTS-COMPLIANCE WITH OTHER.LOCAL,
STAT
ANI
E
-IONA
LA WS AND REGULATIONS
1510.
.ZONING
Part Two - Standards for 15a= Care, Montana State Board of H enith, Health
Regulation No. 09-01-Physics tml Facilities.
The building shall meet the legal requirements' of the community as to zoning,
sanitation, fire protection, water supply, sewage disposal.
Where local
regulations do not edst, iaw
and regulations of the Montana State Board of
Health and the Statefire Marhal shall prevail.
1520.
F
Requirements of the State Fir
Marrshal.
In addition to these regulatic=ms, all day care facilities shall conform to the
Uniform Fire Code 0979 Editi
on), as adopted by the State Fire Marshal of the
Department of Justice and the Uniform Building Codes.
1530
BUILDING
See 1510. ZONING and1520
1540. HEALTH
See 1510. ZONING
1550. SANITATION
See 1510. ZONING.
1560. NEW CONS` Ittl
See 1510. ZONING
33
DAY CARE CENTERS
NEBRASKA
Except where otherwise noted, all citations are to the Nebraska Department
of Public Welfare, Minimum Standards for Licensing Care Centers Caring
for Children, May, 1977.
100. STATE LICENS
G'OF CHILD DAY CARE FACILITIES
110.
TYPES OF FACILITIPS SUBJECT TO LICENSURE AS DEFINED B
STATE STATUTES AND REGULATIONS AND/OR LOCAL ORDINANCES AND
REGULATIONS
111.
Definitions
NEB. REV. STAT. S71 -1901 Definitions.
Child ,care shall mean engaged- in the business of exercising the .care,
supervision, custody or control over children under sixteen years of age, for
compensation or hire, in lieu of the care or supervision normally exercised by
parents in their own home but shall not include casual care at irregular
intervals.
112.
Exclusions and Exemptions
See Ill. Definitons
113.
HHS Day Care Compliance
Not specified
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DAY CARE: CENTERS
NEBRASKA
120.0 'AGENCY RESPONS1BLE FOR I
CENSING OF DAY CARE PROGRAMS
121.
Organization
the A dm
ve Unit
Director
1`3PARTMENT OF
PITIrBLIC WELFARE
Chief
SOCIAL- SERVICES
DIVISION
Administrator
FAA-- MIL Y SERVICES
,.....---
Consultant
DAY CARE LICENSING
U
All licenses and registrations are issud and revoked at the state central office
level. Day to day licensing functions C or day care centers are handled by state
central office staff as is all inspectio=m and enforcement for family day care
homes. In most counties, there is
a registration clerk who handles the
paperwork for family day care home rgistratian.
615
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DAY CARE CENTERS
122.
'We Official
AU inquiries should be addressed to:
Comultant - Day Care Licensing
Division of Social Services
Department of Public Welfare
P. O. Box 95026
Lincoln, Nebraska 68509
(402) 471-3121
NEBRASKA
200. LICENSING PROCESS AND ENFORCEMENT PROCEDURES
210.
LICENSING PROCESS
211.
Promulgation of Regulations
NEB. REV. STAT. §71-1904 Child Care; Rules and Regulations.
The department shall make such rules and, regulations, consistent with sections
711901 to 711905, as it shall deein necessary for (1) the proper care, and
protection of children by licensees under said sections, (2) the issuance,
suspension and revocation of licenses to carry on the business of child care,
and (3) the proper administration of said sections.
212.
Advisory Body and Other: Comm
Par 'c*- ation
Not specified
DAY CARE
NEBRASKA
220.
LICENSING PROCEDURE
221.
Application ansl Issuance
NEB. REV. STAT. S71-1902 Child Care License Required; ]Duration; Renewal
Fee.
=
No person shall firm-5h, or offer to furnish, child care for two or more children
from different families without having in full force and effect a written
license issued by the department, upon such terms and conditions as may be
prescribed by general rules and regulations promulgated by. the department.
All licenses issued under sections 71-1901 to 71-1905 shall expire one year from
the date of issuance, and shall be subject to renewal under the same terms and
conditions as the original license. For the issuance or renewal of each license
the department shall charge a fee of one dollar. A license may be revoked for
cause, after notice and hearing, in accordance with such rules and regulations
as may be prescribed by the department.
222.
Frr-c1e__.ar
-d
See 221, Application and Issuance
223.
Areas of Investsation
NE
REV. STAT. S71-1903
Child Care, Investigation by Department; State
Fire Marshal.
The department, before issuance of a license, shall cause such investigation t
be made, as it shall deem necessary, to clete-rmine if the character of the
applicant or person in ch
ge of the business and the place where the child
care is to be furnished are such as to iraure the proper care and treatment of
children. The department may request the State Fire Marshal to inspect such
places for fire safety and the Department of Health to inspect such places to
determine if they meet sanitation and health standards set by the Department
of Hearth for the care and protection of such children. The authority to make
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DAY CARE CENTERS
NEBRASKA
such investigations may be delegated to qualified local fire
prevention
personnel or environmental health personnel, as appropriate. The department
may also, at any time it sees fit, cause an inspection to be made of the place
where any licensee is furnishing child care, to see that such business is being
properly conducted.
224.
License Renewal
See 221. Application and Issuance
225.
Cond tional/Provis anal Licenses
Not specified
226.
Substantial Compliance
ministration
Alternative Compliance with Minimum Standards.
he Department may grant alternative compliance with Minimum Standards as
published under the provision of Nebraska Statutes, 1943, as revised, Article 19,
Section 71-1901 through 1905, if, as determined by the Department, the
alternative form of compliance offers equal protection to children and meets
the intent of the standard for which the alternative compliance is sought.
The Department shall consider requests for alternative compliance with
Minimum Standards for Licensing Day Care Centers except for those standards
under Staffing Requirements.
Procedure
A request for alternative compliance may be granted under the following
conditions:
The
applicant/licensee
shall
submit
the
request
for
alternative
compliance in writing.
That request shall include:
The standard for which the alternative compliance is sought.
DAY CARE CENTERS
An explanation of why the standard cannot be met.
NEBRASKA
Justification (how facility will continue to provide for-the health
and safety of the
children as intended by the standard if the
request for alternative compliance is granted).
A written request shall be submitted for each standard that will be
complied with in an alternative form.
The alternative compliance is effective for the duration of the license
and shall be requested
'with each subsequent application if it is to be
continued.
The applicant/license
must provide clear and supportive evidence
including, at the request of the Department, expert opinion.
.230.
ENFORCEMENT PROCEDURES
231.,
Facility Inspections
Not specified
232.
Denial, Suspermion2 Revocation of a License
See 211. A lication and Issuance
233.
Remedies and Sanctions
233.1
Hearin
Not specified
233.2 Decisions
Not specified
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DAY CA-RE CENTERS
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233.3
Review
NEB. REV. STAT. 571 -1905 Violation; PenS Ity.
NEBRASKA
Any person who shall violate any of the provisions of sections 71-1901 to 71-1904
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not less than fifty dollars nor more than two hundred
dollars or by imprisonment in the county jail for not more than thirty days.
300. ADMINISTRATION
310.
GENERAL ADMINISTRATION
311.
General Administrative Requirements
Administration.
The center shaThb ve, in written form, available or reading by the licensing
agency or perso
using the child care service a statement describing the
service offers
including:
Basi
sere
Feeding
Activities
All published statements and advertisements shall be accurate and no claims
pertaining to service shall be made unless the center is equipped and staffed to
give such service.
No child shel be provided care for more than twelve hours in one day.
Children provided care shall be at least
weeks of age.
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DAY CARE CENTERS
NEBRASKA
A written report shall be kept on file for each child who has received an injury
requiring first-Aid or emergency medical treatment.
This report shall at
minimum describe how and when the child was injured and what actions were
taken by the center staff.
Night -time centers, in the context of these regulations, shall mean any center
in operation past 7:00 p.m. In addition to the requirements set forth above,
centers offering night-time care shall meet the following requirements or
modifications:
Administration
Arrangements for use 61 the same premises for night-time care
and day care services, by different, or the same, licensee' Shall be
such as to eliminate overlappi
which would disrupt either
service, and shall provide sMoot
transition from one type of
service to the other.
Records on each child shall include information concerning family
bedtime routines, and other information which would assist staff
in providing a smooth transition for the child.
312.
Telephone
facilities - Indoor Area.
The center shall have telephone service.
313.
Proof of operator Financial Capabilities
Not specified
314.
Insurance
Not specified
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DAY CARE CENTERS
NEBRASKA
320.
PERSONNEL
321.
Publication of Personnel Policies
Not specified
322.
Constraints Against Employment
Not specified
330.
NON-DISCRIMINATION
331.
ements Prohibi
Discrimination
Not specified
340.
RECORDS REQUIREMENTS
34L
Children
Administration - Child's Record.
There shall be current information on each child accepted for care which shall
be recorded on a document supplied by the Department of Public Welfare,
Division of Social Services or one utilized by the center which contains all the
information required on the Department's document.
342.
Staff
Administration - Personnel Reabrds.
Personnel records shall include:
Name, address, telephone number of each staff mem
Name of person to be contacted in case of emergency
Annual health reports for all persons having contact with the children
and/or food service
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DAY CARE CENTERS
NEBRASKA
Training and education
Experience,
Attendance record
Dates of employ
employment and separation
343.
Child Eligibility and Enrollment Requirements
Not specified
344.
Child Abuse Resorting
Not specified
345.
Confidentiality of Records Requirements
Not specified
400. GROUP COMPOSITIONS OF CHILDREN
410.
STAFF/CHILD RATIO REQUIREMENTS
Child Ratio
eh
1981
Staff - Staff Requirements
Staff /Child Ratios.
Infants and Toddlers:
Six week olds to two year o
One adult to every four children ,
Preschool:
Two to three year olds: One adult for every five children
Three through five year olds (including kindergartners who have had
their sixth birthday). One adult for every ten children.
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DAY CARE CENTERS
NEBRASKA
School Age:
Six (or first grade) to ma)drnum age providecl care in center. One adult
for every twelve children.
Night -Time Centers - Child Care Program = Staffing.
Child/staff ratio. Daytime ratio applies,
Coverage
Each staff person giving care during pre-bedtime and bedtime period
shall be assigned the responsiblity of caring for the same- children
nightly.
There shall be at e
t one adult in each room of sleeping children.
All staff on duty shall be awake and alert to the needs of the children.
a
No staff person °.who
as been on duty more than
hours in the
day care center shall be employed for night-time care.
There shall be an additional adult on -call, whose name, address and
telephone number is posted by the center's telephone, in case of
.
emergency.
412.
Methods of Computing Sts
Child Ratios
Staff - Staff Requirements - Reqilirements Governing Staff/Child Ratios.
Only those persons directly involved with the immediate care of the children
shall be counted in the child staff ratio.
Staff ratio shall be iriet at all times.
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DAY CARE CENTERS
All children shall ,be under the s
mixed age groupings.
NEBRASKA
atio appropriate to their age when in
The staffing for each grouping of children established by the center shall
contain a primary level staff person.
If a cook is not em6loyed full-time, that person may fulfill other staffing
positions within the center. During the hours the person is working with food
service they may not be counted in the staff/child ratio.
There shall be at least two staff persons on the premises at all times. When
the number of children under care is five (5) or less this may be met, by having
one of the two staff members on call and immediately available.
420.
GROUP SIZE
421.
Group Size as of March, 1981
Not specified
422.
Methods of ComoutinE Croup Size
Not specified
500. STAFF QUA F CA °NB AND TRAINING REQUIREMENTS
510.
CHILD CAREGIVER STAFF QUALIFICATIONS
511.
Age
Staff - Staff Qualifications.
Primary staff are those who have primary responsibility for groups of children
(e-g. Head Teacher, Supervising Teacher). Primary staff shall:
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DAY CARE CENTERS
NEBRASKA
have reached the legal. age of majority
have a high school or general education diploma, and
a minimum of one year's verifiable experience in a child care program.
Persons fourteen. (14) and fiffeen (15) years of age may be employed in a child
care prqgram, but may not be considered in the adult/child ratio.
512.
Health
Not specified
513.
Education
See 511. Lim
514.
Experience
See 511. Age
520.
PROGRAM DIRECTOR QUALIFICATIONS
521.
Staff = Staff filualifications = Administrative Staff.
Administrative staff shall mean the person or persons having the overall
responsibility for
planning,
establishing_, and maintaining the child care
program. Adminstrative staff shall:
have rearhAd the legal age ofmajority,
have achieved one of
the
following -levels
of
education
and/or
experience:
For centers licensed for 12 or more children:
Bachelor degree in child development or early childhood
education from an accredited college or university; or
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DAY CARE CENTERS
NEBRASKA
Bachelor degree from an accredited college or university
and at least twelve (12) credit hours in the area of child
development or early childhood education; or
Associate degree in child development, early childhood
education, or child care administration; or
High school diploma or general education diploma plus
verification of successful completion of twelve (12) credit
hours in the area of child development or early childhood
education,_
two years of full-time verifiable teaching or
early childhood experience in a child care program.
For centers 'to be licensed or 11 or less children:
High school diploma or general education diploma pi
years experience in providing child care.
Night-Time Centers - Staff Qualifications.
f all children enrolled at the center receive their regular night's sleep at the
center, a person meeting at least Primary staff quAlifications shall be assigned
the director/program director responsibilities and shall be on duty and present
at the center during all hours of operation.
During hours when children are normally sleeping, the child/staff ratio for
sleeping'children shall be met by persons meeting at least Supplemental staff
qualifications.
522.
Health
Not specified
523.
Education
See 521. Age
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DAY CARE CENTERS
524.
Eiperience
See 521. 'As±
530.
SUPPORT STAFF QUALIFICATIONS
NEBRASKA
Staff - Staff Qualifications.
The supplemental staff is responsible to administrative or primary personnel
and
works directly
with
the
children
(e.g.,
Teacher,
Teacher
Aide).
Supplemental staff shall be at least sixteen (16) years of age.
If a volunteer works over 16 hours a week, a health record must be obtained. If
a volunteer works over 16 hours a week and is counted in the staff ratio, that
person additionally must meet the requirements for the staff position s/he is
assuming.
540.
POST EMPLOYMENT/IN -SERVICE: ORIENTATION AND TRAINING
541.
Program Director
Staff - Staff Training Requirements.
Each center staff member shall participate in training programs annually as
provided below.
Administrati've Staff training plans shall be in the area of child care,
early childhood education or child care management and shall include at
least twenty-four (24) contact hours per year.
542.
Chad Care "ver Staff
Staff - Staff Training Requirements.
Each center staff member shall participate in training programs annually as
provided below.
Primary Staff training plans shall be in the area of child care or early
childhood education and shall include at least twelve 62) contact hours
per yew..
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DAY CARE CENTERS
NEBRASKA
An individual record of each person's training activities shall be
maintained, kept on file and available for review by the licensing
authority.
.543.
Support Staff
Staff - Staff Training Requirements.
Each center staff member shall participate in training programs annually as
provided below.
Supplemental Staff training plans shall be in the area of child care or
early childhood education and shall include at least twelve (12) contact
hours per year.
Food Service Personnel training plans shall be in the area of food and
nutrition and shall include at least eight (8)acontact hours per year.
Each hour spent participating in any of the following types of child-care
related training activities shall count towards yearly requirements:
a
job orientation
in-service training
workshops
college credit ,courses
non-credit course work
adult education courses
Staff shall receive credit toward their requirement by designing and
participating in a segment of a training plan for persons under their
supervision (i.e., initial orientation).
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DAY CARE CENTERS
NEBRASKA
600. PROGRAM OF ACT ITIES INCLUDING EDUCATION
610.
PRO RA-__ REQUIRE INTENTS
611.
Program of Activities
Program Standards.
The staff shall plan and provide daily activities suitable to the ages and heeds
of the children under care. This planning information shall be available to
parents and licensing personnel upon request.
The staff and program shall provide the child with respect and
positive
regard for his well-being as witnessed by
sufficient superVision and guidance
immediate and positive,responae to child's physical and emotional needs
providing individ0a1 attention for each child
°,:)
adjusting the program and environment to _the physical needs of the
child, and
a continuing concern for the rights of each child.
This is to be evaluated as not being cornplic
ever exist and be substantiated as
a child is ever left unsupervised
children's reasonable requests are not given a response
u stances should
children are left isolated or allowed to receive no recognition from he
staff or children
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DAY CARE CENTERS
NEBRASKA
children with physical hanicaps enrolled in are
not given access to
facilities necessary for thei=. physical maintenance
any other situation which vr *mild indicate physical oc=ir emotional abuse or
neglect of a child
Night-Time Centers -Child Care program.
The grouping of the children shat be arranged so that a_ cy child is deprived of
sleep or has his/her sleep unneeessmarily disrupted.
The staff shall work with the ctwild's parent(s) or gua=dian(s) to coordinate
child's plan for the time spent at the center, with the fern_ fly schedule.
A nightly schedule shall be plannect_ for the hours the childen are awake.
The word napping" as Included in
the day care standards
shall mean "sleeping"
for night-time centers.
The staff shall assistbhildren with
dressing and groo
as needed.
612.
Pro= rain E ui ment and
eria
Furnishings and Equipment - Arnou=rit and Type of Furnishi_ngs.
There shall be table space for each- child who is able to sites at the table.
There shall be a straight hair, with a back, without arnis, for each child who
is able to use a chair,
613.
Nap Provision
Health Standards.
Individual and separate bedding shall be provided for cah child in the center
who will be resting /napping /sleeping.
C
18
rbAye- CARE CENERE
.
.Niemt -Time Ce ex-s
Facility - Equipment and Furnishings.
Cotes shall be fi tee with a firm, waterproof mattress.
NEtRASICA
Sanl-itation Regulations - (For Center to be licensed for 12 or more children) -
Fficity 6 Nappin
leeping A rr aange m ents.
milwierictual cribs, cats or mats are required for each child and shall be suitable
to tit-le child's age aand level of development. At least three feet of space shall
sepa_x-ate the cots or mats. Each crib shall have a waterproof mattress. Mats
than.. beat least one inch thick, 46 inches long and waterproof.
Chilmitzlren on adjacent cots shall lie so that head and feet alternate.
C era.in other arrangements may be possible
if first approved by the
envixonmental health section of the Local or State Health Department having
juris cth`ction, i.e.,
refers to cribs vertically or horizontally separated by
"rnirw-i-walls," etc.
614.
Discipline_anci Guidance
Prog-xam Standard
Discplinary practi c'es
not be humiliating, frightening or physically harmful to the child
be consistent and individualized for each child
be approprit e to the child's level of understanding
and be directed toward teaching the child acceptable behavior
700. HEALTH AND SAFETY
710.
HEALTH
711.
General 11e
th Requirements
Not specified
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DAY CARE CENTERS
NEBRASKA
712.---Health-A ssessments
Not specified
-713.
Immunizations
Health Standards.
No child shall be enrolled for care unless a record of his, immunization has
beetn obtained.
If a child's immunization level 41 oes not meet the State
Deparment of Health recommendation for his/her
age, then a program for
further immunization is to be arranged inunediatly with the parent(s) or
guardian(s) following the recommendations of the child's physician.
714.
Sanitation
Night-Time Centers - Child Care Program.
Hygienic Practices
Children shall have shower, tub or sponge
,,,aths as needed for body
cleanliness.
All children shall be provided individual was hcloths, towels, and soap
for bathing.
Sleepwear
Sleepwear shall be clean and comfortable,
and plainly marked for
individual use.
Sanitation Regulations - (For Center to be licensed femar 12 or more children).
All rooms shall be clean and dry.
The floors
good repair.
all rooms shall be easily cleanable, an
shall be kept clean and in
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DA-Y CARE
NTEI
NEBRASKA
Walls and ceilings of all rooms shall be kept clean and in good repair. Th
web and ceilings of all rooms in which food is stored or prepared shall be o
smooth, easily cleanable construction and finished in a light color.
Walls
subject to splash shall have a smooth, washable surface. Only non-leaded paint
shall be used.
When flies or other flying insects are prevalent, all openings into the outer air
shall be effectively screened.
Doors shall be self-closing, unless other
effective means are provided to prevent the entrance of flies.
The building shall be constructed
the entrance and harborage of
rodents.
The water supply shall be obtained from a source which is properly located,
constructed, and operated to protect it from contamination and pollution.
Water shall meet current standard set up by the State Department of Health--
as to bacteriological, chemical and physical tests for purity. Running water
under pressure shall be provided.
Adequate water heating facilities shall be provided so that a sufficient amoun
of hot water for general cleaning as well as washing and s-
zing utensils
available at proper temperatures.
Each hot water stoz
tank sh
provided with a pressure and temperature relief valve.
Drinking water meeting sanitation regulations under Section B, Water Supply,
shall be provided by sanitary drinking fountains or individual cups. The use of
common drinking containers is prohibited.
Sanitary dispensing and disposal units shall be provided for paper cups.
Drinking fountains used by children shall have a mouth guard with water
issuing under sufficient pressure.
DAY CARE CENTERS
NEBRASKA
No plumbing fixture or other clev.Ige which provides a connection between a
drinking water supply and a drainage, soil, waste or other sewer pipe so as to
make possible the back flow of sewage or waste water into the portable water
supply system, shall be installed or be permitted to remain installed. _Water
which has been used
6r cooling or for any other purpose shall not be returned
to the system.
All plumbing shall conform to the local plumbing code. Where no plumb'
code is in effect,- plumbing shall conform to the national plumbing code USA As
40.8-1955.
Sewage and all liquid wastes shall be properly, discharged into a municipal
sewerage system where such system is available. If it is not available, the
sewage shall be collected, treated and disposed of in an independent sewage
system which complies with the practice recommended by local ordinances;
but where local ordinances do not exist, sewage disposal systems for individual
.41k,
premises shall comply with recommendations of the State
partment of
Health.
All garbage and refuse shall be collected, stored, and
posed of in a manner
which will not create a nuisance, provide a breeding place for flies, or provide
food or harborage for rodents.
All containers for garbage and refuse shall be watertight, have tight fitting
covers, and shall be fly and rodent proof. Garbage containers shall be kept
clean.
Storage
A locked cabinet shall be provided solely
ugs.
A separate locked cabinet shall be provided for insecticides and any poisons.
Cleaning, polishing a_nd sanitizing agents shall be kept separated from food
items and not accessible to children.
635
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DAY CARE CENTERS
NEBRASKA
Covered water-proof containers shall be provided for storing wet, soiled
clothing. Other soiled clothing shall be stored in a covered container provided
for that purpose.
Clean and adequate storage shall be provided for all personal items of
children. This storage shall not be in the same storage area where food or
medication is kept.
Combs, brushes, and tooth brushes, distinctly marked, shall be for individual
use.
Fire arms, ammunition and other potentially hazardous equipment shall be
loipt in locked cabinets.
Grounds
The grounds shall be kept neat and clean and shall be 'free- from rodent
harborages and accident hazards. The grounds shall be properly sloped or
ckained to prevent stagnant water collection.
The outdoor play area shall be fenced. There shall be no barnyard animals or
fowl inside the fenced area. Pets, if present, shall be physically controlled or
restrain
Accident hazards such as flammable "materials, deep pools, and farm and lawn
equipment shall be made inaccessible. Potential hazards such as uncovered
wells,
broken
glass, boards containing
nails, and other debris shall be
eliminated. Drainage ditches shall be outside the fences.
All of the play area shall be under the supervision of staff.
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DAY CARE CENTERS
NEBRASKA
715.
Daily
Sc
greeriin
Health Standards.
Each day previous to recivi
a child from the parent(s) or guardian(s) (s)he is
to be checked for signs of illness and not accepted for child care if too ill to
be provided care.
716.
Care of Sick Children
Health Standards.
Children who are ill and whose presence in a group of children may create a
health hazard to themselves arothers are to be cared for in isolation, or cared
for by parent(s)/guardian(s).
-Atr
A staff member with bask first -aid skills shall be on duty at all times.
A plan for handling medical emergencies shall be worked out with each parent
or guardian in writing at the point of erroliment in the center.
When a child has been diagnose
shall notify:
local or State Departtnen
having a communicable disease the center
parent(s) or guardi
( )of ail children who may have been exposed.
717.
Medication and S eciDet Provisions
Ilealth Standards.
Authority and procedure for admini.ntering medication shall be clearly defined.
When parents or guardians of the children are unavailable to administer
medication,
one
designated
Staff
person
shall
be
authorized
to
administer medication.
3 i
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DAY CARE CEN TE RS
NEBRASKA
Medication and/or special= medical procedures sIall be administered-to a
child by the designated staff person only wen there is a written,
signed, and dated request from the parent(s)
or g-uardian(s) including
time of last previous dosage and tune when medication or prOcedure is
tobe administered.
dl
Only prescription drugs in original container End clearly labeled with
the child's name, name of drug, and directions
for administering, shall
be administered to the child by the staff.
AU medicines or drugs shall be kept in locked =abinets, inaccessible to
children, and removed from the premises when it _o longer being used.
718.
Waiver of Health Rec uirements
Not specified
720.
SAFETY
721.
General afe
Requirements
Facilities.
The outdoor play area shall be free of physical hazard
and provide shade from -
the sun.
Rules and Regulations Providing for Life Safety f =am Fire in Day Care
Centers for Children - Section YI.
The eleetr
al wiring of any Day Care Center shall
,iply with the standards
of the Nactional Electric Code. 1975 edition.
DAY CARE CENTERS
NEBRASKA
General Housekeeping - Section VER.
Discarded furniture, furnishings, or other combustible material shall got be
stored or allowed to accumulate in attics, basements, or concealed spaces.
Designated storage space shall be provided for equipment' that may be
necessary, to the operation of the Day Care Center.
Space under stairways shall not be 'approved for storage use of
ammable
combustible materials.
722.
Fire Safety Requirements
Rule, and Regulations Providing for Life Safety from Fire in Day Care
Centers for Children - Equipment, Operational Features, and Day Care Center
Evacuation Plan. - Section IX.
Each Day Care Centee-Sliall maintain and post jn each area at strategic places
a written emergency evacuation plan. The plan shall designate persons to be
notified in case of fire, location of alarm boxes and fire extinguishers,
evacuation routes, procedures for evacuating children who need help, and
/assignment of specific duties and responsibilities to personnel.
The administrator shall be responsible for conducting drills and rehearsals of
emergency evacuation plans monthly.
One person on duty shall be assigned the responsibility of
ng charge in case
of fire or emergency.
The administrator shall be responsible for regular inspections of the Day Care
Center and its grotmds,to see that they,are safe from fire hazard.
The administrator shall have the continuous responsibility to see to the proper
upkeep and maintenance of the sprinkler and/or alarm system.
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DAY CARE CENTERS
NE~
,A
SKA
Approved type fire extinguishers shall be provide c=1 on each floor, so Milocated
that a person will not have to travel more than sev-.erity-fiv
point
in
the
building
to
_reach
the
nearest
extin
eat fr---om any
her.
Aci=litional
extinguishers of the appropriate type shall be
rovided it or adjaent to
special hazard areas such as kitchens, laundries, A.and bofierrooms. A_t least
one approved fire extinguisher shall be providel in eaep story and
in the
basement, based upon the requirements of one `---xting-uistie for eact=1 2,500
square feet or part thereof per_floor1
Additi °nal extinguishers i-lay be
required where deemed necessary. Fire extinguisThers shailbe inspected and
recharged after being used or not less than annuall.
All personnel employed on the premises shall be
erly oriented in tli
use of
fire appliances and
fire
safety procedures
sr-
instroe-tiou and
pr-7-actical
application.
All
doors
opening upon
required exterior
. stirways
shall be ore and
three-fourth
(1
3/4)
inches bonded
solid
core
wood,
ar hollow
metal,
self-closing, 36 inches wide, shall swing in the 4:mirection of oat travwel, and
shall not be less in width than the stairway upon vv hi eh they open. Giasc... in all
openings below and within
ten
(11t)) feet of exterior aidrways
be
one-fourth (1/4) inches wire glass.
All combustible decorative and acoustical mater al used whin the 1- - »gilding
occupied by persons coming within the scope
of these Regulatiogapris and
including
all
materials
in
eadtways
shall
be
rendered and
mai
ntained
flame-resistant.
Fire Alarm Systems - Section
Approved manually operated fire alarm facilities - shall b
provided
day care center licensed for the care of thirten (13) GI more
chil,==c1
guests.
27
every
en or
DAY CARE CENTERS
NEBRASKA
In buildings two (2) stories or more in height, when of construction other than
fire-resistive, an approved automatic fire detection system shall be provided
throughout the building.
Buildings occupied for the purpose of Child Care which operate past the hour
of 8:00 p.m. shall make arrangements for approved prompt notification of the
public throughout.
Every ittfarm system and its equipment shah be of a standard approved type
suitablib for the purposes for which they are mended. The following N.F.P.A.
standards shall be used to cover the installation details for manual fire alarm
systems and automatic detection systems.
No. 71 Central Station Protective Signaling Systems
No. 72-A Local Protective Signaling Systems
No. 72-B Auxiliary Protective Signaling Systems
No. 72-C Remote Station Protective Signaling Systems
Centers are required to comply with the 1974 edition of the above named
publications.
Each fire alarm system shall be electrically supervised in such manner that
any malfunction of system; such as power failure, short circuits, breaks in
wires, or other condition which might prevent or interfere with the operation
of the system will be indicated by a distinctive audible and visible trouble
signal' at the fire alarm control panel, office, or other designated spot.
Every fire alarm system shall be under the supervision of a person or firm
approved by the State Fire Marshal who shall cause proper test to be made at
ninety day intervals and have change of all alterations and additions to the
systems.
pection reports shall be made each ninety days to the office of the State
Fire Marshal on forms furnished to the approved inspectors by the State Fire
Marshal.
28
DAY CARE CENTER
NEBRASKA
(.1
When the extreme case arises that the alarm or detection system shall become
inoperative the State Fire Marshal or his designated authority and the alarm
mpany shall be notified immediately.
Each automatic sprinkler system shall be of a standard approved type, so
installed and maintained as to provide complete coverage for all portions of
the premises protected..
Installation of sprinkler system shall comply to details eitablished in N.F.P.A.
Pamphlet 13.
Every sprinkler system shall be under the supervision of a person or firm
approved by the State Fire Marshal who shall-cause proper test to be made at
regular intervals and have general charge of all alterations and additions to
the system.
When the extreme case
arises that the sprinkler system shall become,
inoperative the State Fire Marshal or his designated authority and the
sprinkler system company shall be noti l immediately.
Building Requirements - Section V.
Smoking may be pen-ratted only in designated areas. Approved noncombustible
ashtrays with self-closing lids shall be used.
723.
Transportation
Transportation.
The staff/child ratio shall be maintained when transporting._ children.
Parent or guardian signed permissions shall be required for the center to
transport children from the center to outside activities. These permissions
shall be kept on file.
The number of children transported shall not exceed the seating capacity
indicated by the vehicle manufacturer.-
29
642
DAY CARE CENTERS
721.
Safey Requirements for Equipment
NEBRASKA
Furnishings and Equipment -Condition.
Equipment and furniture sha 'te in operative condition, free of sharp, o se,
or rusty parts.
Equipment shall be easily cleanable and kept in a clean condition.
Equipment used by infants and toddlers
be swallowed.
be free of sn
.P
s which could
Toys m ade of easily breakable nater-ials sliall not be used by infants and
toddlers.
725.
Water A
Not specified
-vi
(Includi-
m
726.
En_ jsrariProcedures
Not specified
727.
Dist Aid Supplies
Health Standards.
First-aid supplies and manual shall be kept immediately available.
"ately avaable.
810.
NUT_
ON
800. NUTRITION AND FOOD SERVICE
811.
Nutritional Requirements
Nutrition.
-
The center shall provide and serve simple aAdInourishing food to children in
quantities suitable to their ages and activities. Second helpings shall be made
available.
043
DAY CARE CENTERS
NEBRASKA
Meals shall be planned according to the number of hours Ple child is in the
center.
For children in the center less than four .(4) hours, one snack-shall be
prow"ded, unless the four-hour period covers a normal meal hour, in
which case a meal shall be provided, furnishing one-third (1/3) of the -
child's daily food needs.
For children in the center five. (5) to nine (9) hours, one meal and one or
two snacks shall be provided (two snacks if period is as much as seven
hours). If the five to nine hour period covers -two normal meal hours,
two meals shall be served, one which shall replace one snack. One meal
and two snacks shall furnish one-half (1/2) of the child's daily food needs,
For those in the center longer than (9) hours, two-thirds (2/3) of the
child's daily food needs
shall be provided. This shall be furnished in,
two meals and two snacks except for those children in the center after
10 p.m. in which case the child shall be provided meals and snacks at
established serving times.
Menus of meals and snacks be dated and posted in a conspicuous place in the
center. Any substitutions shall be of comparable nutritional value and shall be
marked on the menu. After use, the menus shall be filed in the center and
retained for one year. Each center shall consult on a yearly basis with a local
dietitian, nutrition consultant, or home economist who is knowledgeable in all
aspects of child feeding and nutrition.
Food shall not be used as punishment or reward. Children shall be encouraged,-
but not forced to eat.
Drinking water shall be available to all children upon request and shall be
offered several times a day.
31
6 4 -t
DAY CARE CENTERS
NEBRASKA
812.
Waiver of Requirements
Nutrition.
Special
diets
prescribed
by
physicians
shall be served
by
the
center.
Arrangements for special food needs shall be made between the child's
parents /guardians
and
administrators.
Religious
and/or
ethnic
food
preferences shall be observed by incorporating these foods into the menus on a
regular basis.
820.
FOOD PREPARATION
821.
Food Preparation and Service Requirements
Nutrition.
Staff members shall eat
th children and shall be served the same fo
Sanitation Regulations (For Center to be licensed for 12 or more children)
Food. '
The standards governing food service sanitation are found in Part V of the
"Food Service Sanitation Markpal" 1962, Recommendations of the U.S. Public
Health Service.
Not specified
900. SOCIAL SERVICES
1000. PARENT PARTICIPATION
Staff-Parent Communication.
The staff shall be responsible for communicating with the parents} or
guardian(s) concerning changes in the child's behavior patterns.
64 ti
32
DAY CARE CENTERS
The center shall be open to visits from parents) / guardian(s).
NEBRASKA
The parent(s) or guardian(s) shall have the right of input into the cen
planning of care for the child.
1100. INFANTS AND TODDLERS
1110.
PROGRAM OF ACTIVITIES
Not specified
1120.
HEALTH AND SAFETY REQUIREMENTS
Not specified
1130.
INFANT NUTRITION
er's
Nutrition.
A feeding schedule individualized to each infant shall be established. The
infant shall be held far bottle feeding until a firm pattern of holding his/her
own bottle has been established. Staff members shall either feed infants or
supervise those old enough to feed themselves.
Infant formula shall be provided in one of the following ways:
The center may keep a supply of commercially prepared formula.
The center may require the parents to provide a day's supply of
sterilized bottles or formula which shall be refrigerated until used.
Each bottle shall be labeled with infant's name. When this method is
used, all bottles shall be thoroughly rinsed when empty. Provisions shall
be made for nursing mothers to come into the center to nurse their
infants or to send along milk.
If the center prepares the formula, either terminal or non-pressure
method shall be used for sterilization.
643
DAY CARE CENTERS
NEBRASKA
1200. -CHILDREN WITH HANDICAPPING CONDITIONS
1210.
PROGRAM OF ACTIVITIES
Not specified
1220.
HEALTH AND SAFETY REQUIREMENPS
.
Not specified
1230.
STAFFING
Not specified
1300. SCHOOL AGE CHMDREN
1310.
PROGRAM OF ACTIVITIES
Not specified
1320. HEALTH AND SAFETY REQUIREMENTS
Not specified
1400. FACILITY REQUIREMENTS
1
0.
SPACE
Facilities.
There shall be at least 35 square feet of indoor activity space for each child._
Bathrooms, kitchen, isolation room, office, passageways, storage, or space
occupied by cribs, cots, or built-in-cabinets shall not be considered when
computing activity space.
Space used for child care is not to be used for any other purpose such as
storage, food service, or laundry.
Space shall be provided to isolate an ill on injured child.
4,
34
DAY CARE CENTERS
NEBRASKA
Each child shall have space for storing wraps and individual belongings, For
children over age two this space shall be accessible to them.
Rooms where children below age two (2) years are receiving care shall be
limited to the care of eight (8) children at any one time.
When in use, the outdoor child care space shall provide a minimum of 50
square feet for each child using it.
For children between six weeks of age and school age, a fenced outdoor child
_care space shall be provided. The fence shall be
at least three feet high.
free from sharp hazardous edges.
of sufficient construction to keep animals and other intruders out.
Night-Time Centers - Facility - Buildings.
In groups of children where all enrolled receive their regular night's sleep at
the center and where all in the group are sleeping in cribs, there shall be at
least 20 square feet of floor space in addition to crib space per child.
1420.
LIGHTING, VENTILATION AND TEMPERATURE
Heating - Section WI.
Heating of buildings shall employ central heating systems, or approved
installation of fixed electrical space heaters.
Portable heaters shall be
prohibited.
Sanitation Regulations - (For Center to be licensed for 12 or more children).
The temperature of rooms where children receive care shall be maintained
between 70-75 degrees Fahreri ieit at floor level and heating system shall have
this capacity when the outside temperature is at -15 degrees fahrenheit.
35
DAY CARE CENTERS
NEBRASKA
An accurate room thermometer shall be available on an inside wall, away from
a heater or direct sunlight.
All rooms shall be adequately lighted a minimum of 20 foot candle power
(measurement of illumination).
Play areas, kitchen, bathroom and service rooms shall be well ventilated,
1430.
EXITS
Stairway-Enclosures-and-Floor Cutoff -Section IV.
When an exit is required to be protected by separation from other parts of. the
building
by
some
requirement
of
these
Regulations,
the
separating
construction shall meet the following requirements
The separation shall have at least a one-hour fire resistance rating
when the exit connects three (3) stories or less. This applies whether
the stories connected are above or below the story at which exit
discharge be giro.
The separation shall have at least a two-hour resistance rating when the
exit connects four (4) or more stories, whether above or below the floor
of discharge. It shall be constructed of noncombustible materials, and
shall be supported by construction having at least a two-hour fire
resistance rating.
Any opening therein shall be protected by an approved self - closing fire
door.
Openings in exit enclosures shall be confined to those necessary for
access to the enclosure from normally occupied spaces and for egress
from the enclosure.
ss,
6 4
36
DAY CARE CENTERS
NEBRASKA
Building Requirements -"Section V.
There shall be a minimum of two (2) approved means of exit, remote from
each other as possible, from each floor of every building occupied as a Day
Care Center. The traveled distance from a room to an exit shall not exceed
one hundred-fifty (150) feet measured along the line of tt vel from the inost
remote part to a room. In fully sprinklered buildings or ones having complete
smoke coverage the distance may be increased to two hundred (200) feet.
Every exit doorway and every principal entrance which is required to serve as
an exit, shall be so designed and constructed to be accessible, obvious and
identified. Any door in an exit shall be designed and installed so that when
pressure is applied to the door, it shall swing in the direction of exiting
A dopy giving access to a stairway shall swing in the direction of exiting
travel. A stair door during its swing shall not block the stairs or landing.
Exit doors shall be so arranged as to be readily opened from the inside at all
times when the building is occupied. Exterior exit doors if subject to locking
shall be equipped with approved panic hardware.°
Doors in the path of egress and required exit doors shall be of the widehinge
swinging type and at least 36 inches in width. The floor on both sides of an
exit door shall be substantially level and have the same elevation on each side
of the door for a distance at least equal to the door width.
Exception: Centers established before promulgation of these regulations shall
have a door wide requirement of at least 32 inches.
Any aisle or corridor required for exit access ip centers shall not be less than
four (4) feet in clear and unobstructed width. In centers of new 'construction
any aisle or corridor required for exit access shall not be less than six (6) feet
in clear and unobstructed width.
37 6.
DAY CARE CENTERS
1440.
TOILETS AND LAVATORIES
NEBRASKA
Sanitation Regulations - (For Center to be heensed for 12 or more children).
Every facility shall be provided with conveniently located toilet facilities at a
ratio of one (1) stool per ten (10) children at two (2) years of age and above.
Toilet rooms' shall be kept clean, in good repair, well lighted and well
ventilated. The toilet room shall be fully enclosed. The toilet shall be of
suitable height and equipped to be easily and safely sed by children. Doors to
toilet room shall be self-closing.
Hand-washing facilities shall be provided at a ratio ofrone (1) sink to every ten
(10) children. The sinks shall be readily accessible to each toilet and/or diaper
area.
Hot and cold running water and soap shall be provided.
Water
temperature at the lavatory shall not exceed 120 degrees Fahrenheit.
Single service towels and individual wash cloths, and facilities for storing
them, shall be provided.
The use of a common towel and wash cloth is
prohibited. Sanitary dispensing and disposal units shall be provided for oaper
towels,, and shall be installed at heights convenient for the children's use.
The lavatory shall be of suitable height or equipped with a steady platform or
steps to be safely used by children.
No adult or child shall resume work or play after using
°Het room without
first washing his/her hands.
1500. OTHER STATE REQUIREMENTS = COMPLIANCE WITH OTHER LOCAL1
STATE, AND REGIONAL LAWS AND REGULATIONS
1510.
ZONING
Not specified.
38
6:
DAY CARE CENTERS
Z
NEBRASKA
1520 .
FIRE
Not specified
1530.
BITILDING
Not specified
1540. HEALTH
Not specified
1550.
SANITATION
Not specified
1560. NEW CONSTRUCTION
Not specified
39