The Mission of the Child Care Services Division is to assure
a statewide system that promotes and supports safe, accessible, quality child
care for Vermont families.
For purposes of these regulations, words and phrases shall
have their common meaning unless otherwise defined here.
APPLICATION - An official form provided by the Division which
when completed and signed by the applicant is a request for a day care
license.
CAREGIVER - The person who is responsible for facilitating
the physical, cognitive, social and emotional growth and development of
children in her/his care and is counted in the adult/child ratio. The director,
head teachers, teachers, assistants, human service graduates and human services
coop students may all be caregivers.
CHILD - Person who has not yet reached the age of sixteen
years.
CHILD CARE - The developmentally appropriate care, protection
and supervision of which is designed to ensure wholesome growth and educational
experiences for children outside of their homes for periods of less than 24
hours a day in a day care facility.
COMMISSIONER - Commissioner of the Department of Social and
Rehabilitation Services or his/her designee.
CONDITIONS OF THE LICENSE - Requirements that must be met in
order to retain a license.
CORPORAL PUNISHMENT - The intentional infliction of pain by
any means for the purpose of punishment, correction, discipline, instruction or
any reason.
DAY CARE FACILITY - Any place, operated as a business or
service on a regular or continuous basis whether for compensation or not, which
provides child care. Used inter-changeably with the term Early Childhood
Program (ECP) and child care facility.
DAY CARE SERVICES TO NON-RECURRING CLIENTELE - Those day care
services provided specifically to meet the short-term needs of families arising
from tourism, recreation or shopping. These day care facilities are often
located at or near recreational areas, hotels, motels, lodges or shopping
centers.
DEPARTMENT - The Vermont Department of Social and
Rehabilitation Services, Agency of Human Services and/or its agent(s).
DEVELOPMENTALLY APPROPRIATE - Activities and supports which
meet the individual needs (physical, emotional, social and cognitive) of each
child, and which include a balance of adult directed and child initiated
activities.
DIRECTOR - The staff person responsible for the overall
operation of the facility.
DISCIPLINE - A process of guiding children to develop
internal prosocial behavior through the supportive consistent use of the
following: modeling appropriate behavior, praise, active listening, limit
setting, reinvolvement, and modifying the environment.
DIVISION - The Child Care Services Division of the Vermont
Department of Social and Rehabilitation Services.
EARLY CHILDHOOD PROGRAM - A licensed day care facility whose
services are designed to ensure that children are provided with wholesome
growth and educational experiences. Used interchangeably with the term ECP or
Day Care Facility.
EDUCATIONAL - Programming which serves to impart knowledge or
skill and which is appropriate to the developmental level of the child.
FACILITY - See definition for Day Care Facility.
GROUP - The number of children assigned to a
teacher/caregiver or team of staff members who meet together regularly and can
be identified with one another as being distinct from the larger population of
children in care.
HEAD TEACHER - The staff person who possesses the
qualifications for the position of Head Teacher and responsible for the
development/implementation of the program curriculum, support and supervision
of teaching staff.
HIGHER EDUCATION COURSE - A three credit course or equivalent
which could apply toward acquiring a post secondary degree in Early Childhood
Education, Elementary Education, Human Development or other related
field.
HUMAN SERVICES COOP STUDENT - A person 17 years of age who is
(1) enrolled in a vocational/technical center approved by the State Board of
Education, (2) has successfully completed at least one semester of early
childhood course work or a minimum of 180 hours in child development theory and
lab school practice.
HUMAN SERVICES GRADUATE - A person 17 years of age who has
received a certificate of completion from a vocational/technical center human
services program, emphasizing child development/early childhood education, and
approved by the State Board of Education.
INFANTS - Children between the ages of 6 weeks and 16 months.
Regulations applying to infant programs are identified by the letter I which
appears in the left margin.
LICENSE - An official document which certifies that a
licensee has been granted permission by the State to operate a a day care
facility in accordance with the provisions of the law and regulations of the
Department. The license may be issued for a period not to exceed three
years.
LICENSEE - The person, corporation or other legal entity
named on the license certificate as having received the license and who is
responsible for maintaining compliance with these regulations.
PARENT - The legal custodian of the child enrolled in the
facility.
PROVISIONAL LICENSE - A non-renewable license issued by the
Department for a period of not more than one year to an applicant who is
applying for a license for the first time or who has submitted an application
for the licensure of a facility not previously licensed. A provisional license
may be issued provided the Department finds that, although the facility, its
staff, or service or any matter subject to regulation is not yet in full
compliance to all regulations, it is likely that all regulations will be
complied with in a reasonable and predetermined period of time of one year or
less as determined by the Department.
iv) programs which
provide for the development of a single skill based activity such as skiing,
pottery making, computer operation, tennis or musicianship for children age
fours years and older. (See chart on page vi)
REVOCATION - The formal act of closing a day care facility
due to violation of these regulations or related statutes. A facility may
continue to operate during a revocation action pending an appeal to the Human
Services Board.
SERIOUS VIOLATION - A violation of staffing requirements, or
any violation which immediately imperils the health, safety or well-being of
children. Serious violations may also include corporal punishment, lack of
supervision, physical or sexual abuse or health and safety issues.
STAFF - Adults who have direct responsibilities for the
operation of the program or the care and education of children.
SPECIAL NEEDS - One or more of the following areas in which a
child shows difficulty or delay:
- ability to learn
- social/emotional
- self care
- fine and gross motor
- communication (speech & language)
- medical or environmental factor(s) that may affect
participation in daily activities
SUPERVISION OF CHILDREN - The knowledge of and accounting for
the activity and whereabouts of each child in care and the proximity of staff
to children at all times assuring immediate intervention of staff to safeguard
a child from harm and maintenance of the program of the facility.
SUSPENSION - The formal act of immediately closing a day care
facility due to the immediate imperilment of the health, safety or well-being
of a child.
TEACHER - A caregiver who meets the qualifications specified
in these regulations and the requirements of the ECP's job description for
teacher.
TODDLERS - Children between the ages of 17 months and 35
months.
TRAINING - Interactive developmental activity for child care
providers in areas such as child development, discipline/behavior management,
health, safety and security of children, age-appropriate activities, first aid,
child abuse prevention and detection, working with parents, children with
special needs, and space design.
USEABLE SPACE - The space described by the application which
had been inspected and approved by the Division and described by the license as
the space where children are cared for in accordance with these regulations.
All other space is not useable space.
VARIANCE - An exception to a regulation granted by the
Commissioner in exceptional circumstances when, in his or her discretion, the
literal application of the regulation will result in unnecessary hardship and
when the intent of the regulation can be achieved by other means.
|
Enrollment Age
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Exemption Chart Duration
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no restriction
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4 hrs. or less 1 day per week; or 2 hrs. or less 2
days per week
|
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completed kindergarten,or age six by 9/1 * enrollment
year
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up to all day
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age three and older
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less than four hours per day
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age four and older **
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up to all day
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* 10/1, 11/1, or 12/1 depending on enrollment cut-offs for
kindergarten entry
** Waivers may be granted by the Division to extend
enrollment age to serve three year olds if criteria are met
|
Exemption Chart
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|
EnrollmentAge
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Period
|
Program
|
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no restriction
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no restriction
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no restriction
|
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completed kindergarten, or age six by 9/1 *enrollment
year
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13 consecutive weeks or less
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variety or general activity
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age three and older
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13 consecutive weeks or less
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variety or general activity
|
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age four and older **
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no restriction
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single skill
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* 10/1, 11/1, or 12/1 depending on enrollment cut-offs for
kindergarten entry
** Waivers may be granted by the Division to extend
enrollment age to serve three year olds if criteria are met
Section A Administration
1. The licensee shall be responsible for
compliance with these regulations and shall operate the facility at all times
within the terms and conditions of the license.
2
a. The
number of children at the facility or otherwise being provided care shall not
exceed the maximum number of children for which the facility is
licensed.
b. The licensee shall not
sell or otherwise transfer the license to another individual, organization or
corporation.
c. The license is
valid only for the programs and areas approved by the Division
d. The licensee shall not alter or tamper
with the license document or cause another to alter or tamper with the license
document.
3. The license
shall be posted in a conspicuous place where it can be easily read by parents
and the public.
4. A copy of
current regulations shall be posted at the facility. Parents shall be informed
of the public availability of these regulations at the facility.
5. The licensee shall not represent or give
the impression that the day care facility and/or its services are otherwise
than as defined by the license certificate and the limitations of these
regulations.
6. The licensee shall
notify the Department within 15 days of any change of the person responsible
for developing and implementing the program.
7. The facility shall be used only for
purposes of child care during the hours of operation.
8. The facility shall meet all applicable
requirements of the Department of Labor & Industry, Department of
Environmental Conservation, Vermont Department of Taxes, Americans with
Disabilities Act, and Act 165.
9.
There shall be a process for orienting children and parents to the facility.
10. Parents, after presenting
proper identification, shall have unlimited access without delay to their
children and their caregivers whenever their children are in care.
11. The following shall be provided in
writing to all parents:
a. a typical daily
schedule;
b. a policy regarding the
reporting of suspected child abuse and/or neglect;
c. a description of religious activity, if
any;
d. a schedule of fees and
payment plans;
e. a statement
regarding parental freedom of access to the program;
f. a description of ECP's program;
12. Current emergency phone
numbers shall be posted or located near the phone. Numbers shall include
emergency medical responder, fire, police, ambulance, poison center, parents'
home and work and the Division.
13.
A child shall be released only to persons authorized by the parent/guardian.
However, a child shall be released to either parent unless there is a court
order which prohibits release to a particular parent, a copy of which is kept
in the ECP.
14. Each facility shall
carry liability insurance of a reasonable amount for its own protection.
Evidence of insurance coverage shall be provided to the Division upon licensing
and relicensing.
15. The director
shall inform all staff of revisions in regulations as they become
effective.
16. The program shall
allow space where mothers can breast feed their children comfortably during the
hours their children are in care.
17. Informational material relative to the
care and development of children shall be made accessible to all
staff.
Section B Records
and Reports
1. Prior to admission, each child
shall have a file which contains, at a minimum, the following:
a. a completed child's admission form which
is signed and dated by the parent;
b. child's complete name, birthdate, and date
admitted;
c. parent(s)' full name,
home and local addresses and telephone numbers (if known);
d. name, address, and telephone numbers a
responsible person to contact if the parent cannot be reached;
e. name and telephone number of child's
health care provider;
f.
description of child's health history current medications, allergies, special
dietary requirements and other identified special need(s).
g. signed permission by parent to authorize
emergency medical care; transportation (if provided) and persons who can remove
child from facility.
2.
Daily attendance records, listing the dates and hours of attendance for each
child shall be maintained and kept up-to-date for a period of at least two
years.
3. Parents of infants shall
receive a report of their child's feedings, sleep, bowel movements and general
disposition each day. This report may take the form of a written checklist,
bulletin or chalk board.
4. The
child's file shall be maintained at the facility for a period of not less than
two years.
5. Within a year of the
date of withdrawal, a copy of the child's file shall be made available to the
child's parent upon request.
6. All
records and reports required by these regulations shall be maintained in an
up-to-date manner at the facility and are subject to inspection by and/or
surrender to the Department upon request.
7. A child's presence at the facility will
always be known by utilizing a check in and check out procedure for each child
in attendance.
8. A written report
shall be placed in the child's file and copies submitted to the parent and
Division within two working days of an accident or injury occurring while a
child was in care which required the services of a physician or
dentist.
9. Any incident where a
child is bitten by an animal while in care shall be reported to the Division.
10. The licensee shall submit a
written report to the Division within 48 hours of a fire that required the use
of a fire extinguisher and/or the services of a fire department.
11. Each program will establish written
procedures for handling emergency situations, evacuations, and the reporting of
allegations of child abuse/neglect. Such procedures shall be included in staff
training.
12. All child/family
records will be kept confidential unless otherwise required by law or
emergency.
13. All reports and
notices issued by the Department shall, upon the Department's request, be
conspicuously posted near the license certificate for a length of time
determined by the Department or mailed to the individual parents.
14. Written parental permission shall be
acquired for field trips. Parents are to be notified in advance when vehicles
are to be used. Parents may grant general authorization for walking field
trips.
Section C Staff
Requirements
1. Each facility shall have a
Head Teacher on site the majority of time the facility is open. In the event
that the Head Teacher is not present there shall be a teacher on site at all
times during the licensed hours who is authorized to act in their
place.
2. The Head Teacher
responsible for developing and implementing the program in a facility of twelve
(12) or fewer children shall have at least the following qualifications:
- Child Development Associate (CDA) or Certified Childcare
Professional (CCP) Early Childhood Education Specialist, or
- Associates Degree in Early Childhood, or Human/Child
Development (includes Pediatric Nursing), or
- Two (2) years of successful experience working with groups
of children and at least one (1) successfully completed higher education course
in early childhood related topics (to be completed within 9 months),
- Child Care Certificate from Community College of Vermont or
a certificate of completion from a Voc/Tech Human Services Program approved by
the State Board of Education emphasizing child care or early childhood
education.
3. The Head
Teacher responsible for developing and implementing the program in a facility
of between thirteen (13) and fifty-nine (59) children shall have at least the
following qualifications:
- CDA, CCP or Associates Degree in Early Childhood Education
and two (2) years experience with groups of children, or
- BA/BS with four higher education courses in Early Childhood
related topics and two (2) years experience with groups of children, or
- BA/BS in Early Childhood or Human/Child Development and one
(1) year experience with groups of children, or
- Three (3) years successful experience in a licensed
facility and four (4) higher education courses completed in Early Childhood
related topics. These courses may be completed within eighteen (18) months of
employment.
4. The Head
Teacher responsible for developing and implementing the program in a facility
of sixty (60) or more children shall have at least a:
- BA/BS in Early Childhood or Human/Child Development and two
(2) years successful experience relative to the population to be served,
or
- BA/BS and four (4) higher education courses successfully
completed in early childhood related topics and three (3) years successful
experience relative to the population to be served, or
- Associates Degree and four (4) higher education courses
successfully completed in early childhood related topics and four (4) years of
successful experience relative to the population to be served. Course work
requirements shall be completed within one (1) year of employment.
5. The Teacher for each group of
children shall have at least a:
- CDA, CCP or
- Associates Degree in Early Childhood or Human/Child
Development, or
- One (1) year of successful experience working with young
children and one (1) higher education course successfully completed in Early
Childhood Education or Human/Child Development.
6. The Assistant for a group of children
shall be at least 18 years old and must have successfully completed, within one
year of the beginning of employment or assignment, 1 course in child
development approved by the Division. An assistant must be supervised by a
Teacher, Head Teacher or Director until she/he has successfully completed a
reasonable probationary employment period.
7. Human Services Coop Students may be
counted in the child/caregiver ratio providing (1) they are supervised by a
person who who qualifies as a Teacher as defined by these regulations and (2)
each has a written cooperative educational training agreement in effect between
the vocational/technical center and the ECP.
8. Human Services Graduates may be counted in
the child/caregiver ratio providing they are supervised and within eye and ear
contact of a person who qualifies as a Teacher or Head Teacher as defined by
these regulations.
9. Persons who
are under 18 years of age but who are not Human Services Coop Students or
Graduates may assist in caregiving, but shall be under staff supervision at all
times and shall not be counted in the adult/child ratio nor left alone with
children.
10. Any person employed
in one of the aforementioned positions (in a position under the existing
license prior to 4/1/93, and who does not meet these qualifications shall be
granted a waiver which will permit them to continue in their position. These
waivers will expire on 9/1/99.
11.
Staff shall have at least 3 positive written references and a written work
history on file at the facility which attest to their ability to perform the
duties related to their job description. Written references may include notes
taken over the telephone by an identified facility representative.
12. Written records for each staff person
shall be maintained at the facility and shall include:
a. job descriptions;
b. records of employment history, training,
education and experience;
c. three
positive references;
d. signed
statement(s) indicating that the employee has read and understands the
Regulations and program's policy manual.
13. The following persons may not operate,
reside at, be employed at a day care facility:
a. persons convicted of fraud, felony or an
offense involving violence or unlawful sexual activity or other bodily injury
to another person including, but not limited to abuse, neglect or sexual
activity with a child; or
b.
persons found by a court to have abused, neglected or mistreated a
child;
c. adults or children who
have had a report of abuse or neglect substantiated against them under Chapters
49 & 69 of Title 33 Vermont Statutes Annotated.
14. Persons prohibited in Section
13 above may
be present at or employed in a day care facility if the licensee and the person
involved request a waiver from the prohibition and evidence acceptable to the
Commissioner is presented which shows suitability or rehabilitation sufficient
to warrant their participation or presence in a child care setting.
15. For employees of the licensed program who
are do not have direct care responsibilities, but who are present when children
are in care, there shall be at least 3 written references and work history on
file at the facility.
16.
Substitute staff and volunteers acting as assistants, shall not provide care at
the facility for more than three days unless there are on file at the facility
no less than three references which attest to the person's ability and
competence to perform duties which may be assigned to them.
17. There shall be on file at the facility
(for staff, assisting parents and volunteers) a written statement signed and
dated, indicating that the individual was informed of the program's policies on
abuse and neglect and that they are aware that the abuse and/or neglect of
children is against the law, and prohibited by the program and must be reported
to the Department.
18. When a
request for a physical or mental examination is made by the Department, the
licensee or staff person shall submit to the examination when there is just
cause to suggest that the person's mental or physical condition impairs the
person's ability to carry out the duties listed in his/her job description. The
examiner shall be objectively selected by a third party designated by the
Division each year for such purpose.
19. All caregivers shall be knowledgeable in
administering basic first aid. At least one staff person who holds a valid
certification in infant/child CPR shall be present at the facility at all times
children are in care.
20. Staff who
have a contagious illness or are incapacitated by illness, fatigue, or any
other condition(s) which limits their ability to care for children shall not
care for children.
21. No staff
person may be under the influence of alcohol or drugs except that prescription
drugs which do not impair their ability to provide care may be
taken.
Section D Staff to
Child Ratios
1. Children shall be provided
developmentally appropriate care in a group setting subject to the following
descriptions and limitations and ratio of staff to children.
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Children's Ages
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Child Ratio
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6 wks. through 16 mo. (Infants)
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1:4
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17 mo. through 23 mo. (Toddlers)
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1:4
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24 mo. through 35 mo.
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1:5
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3 yr. through kinder.
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1:10
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1st grade through 15 yrs.
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1:13
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2. A
group may consist of children of mixed ages provided the maximum number of
children in the group, and the staff to child ratio, are in accordance with the
age of the youngest child in the group as listed in subsection
1
above.
3. In determining the staff
to child ratio, only those staff members working directly with the children a
minimum of 90% of their assigned duty time shall be counted. These staff
members can be counted when they are readily available on the premises and are
temporarily not with children. Directors may be counted in the staff to child
ratio only when they are working directly with children.
4. There shall be a minimum of 2 adults on
duty when the number of children in attendance exceeds six (6) unless any of
the children are under 36 months of age, then the 2nd adult shall be on duty as
required by the ratios established in D (1) above.
5. For day care facilities licensed for 12 or
fewer children, the above staff/child and group ratios are not applicable.
Programs licensed for 12 or fewer children shall meet the following ratios and
numbers:
(a) there shall be no more than 2
children under 24 months of age per caregiver;
(b) there shall be a 2nd caregiver present
and on duty when the number of children exceeds 6.
(c) the licensee's and staff's own preschool
or homebound handicapped children shall be included in the total number of
children in care.
6. No
person other than an employee of the program, except the child's parent, shall
be left alone with children.
7. All
children present and being cared for in the facility shall be included in
determining the child/adult ratio.
8. The Division may otherwise alter the
number of children in care in consideration of the experience, physical
strength, skill and capacity of the staff and their ability to deal with
children of different ages and capabilities.
Section E Program
1. Each child shall be visually supervised at
all times by staff.
2. The
environment shall be planned in advance to reflect the developmental needs,
interests, and learning style of each child.
2
a. The
schedule shall be planned in advance to reflect the program's philosophy and
goals for children. A daily activity guide for the week shall be posted in a
conspicuous place or otherwise made available to parents. The daily activity
guide shall provide for the following activities:
a. indoor/outdoor
b. quiet/active
c. individual/small group/large
group
d. large muscle/small
muscle
e. child initiated/staff
initiated.
3. Staff
expectations of children's social behavior shall be appropriate to the child's
developmental level.
4. Each child
shall be treated equally with regard to respect, consideration, and opportunity
to take part in all developmentally appropriate activities.
5. Staff shall interact with children
throughout each day expressing respect and affection. Staff shall appropriately
touch, hold, and smile at children. Staff shall speak to children at the
child's eye level frequently.
6.
Staff shall be available and responsive to children, encourage them to share
experiences, ideas and feelings, and listen to them with attention and
respect.
7. Staff shall provide
sufficient quantity and employ a variety of developmentally appropriate
activities and materials.
8. Staff
shall plan and implement realistic and age appropriate program goals for
children.
9. Nurturing activities
performed by the staff, including diapering, toileting, feeding, dressing and
resting shall be performed in consideration of the parent's own nurturing
practices when developmentally appropriate. These activities shall be performed
in a relaxed, reassuring and individualized manner which is developmentally
appropriate and promotes the child's learning self-help and social skills.
10. The highlights of each child's
day shall be communicated to parents.
11. Staffing patterns shall ensure that each
child has a consistent primary caregiver.
12. If television/video viewing occurs it
shall be:
a. in the presence of
staff;
b. educational;
c. designed for children; and
d. shall not exceed 90 minutes per day per
child.
13. Program
modifications and emergency procedures related to children with special needs
shall be developed and followed.
14. Outdoor play areas shall be under the
supervision of a staff person interacting with the children.
15. There shall be a nap time or quiet period
of sufficient duration and appropriately scheduled to meet the needs of
individual children.
16. Suitable
clothing shall be available enrolled children.
17. Caregivers shall be at children's level
interacting with each group during meals and snacks.
18. Napping toddlers and preschoolers shall
be supervised by a caregiver present.
19. Infants shall be allowed to nap when
tired.
20. Napping infants must be
monitored by in person checks at least every 15 minutes in addition to any
nursery monitors used.
21. Infants
and toddlers shall be protected from the harmful acts of older
children.
22. Infants and toddlers
shall have ample opportunities in a safe area for creeping, rolling and
walking.
I/T23. When infant walkers, bouncy chairs, and swings are
used, or cribs or play pens used for supervised play, usage shall not exceed
1/2 hour per 3 hours.
23.
Children shall be attended to when they cry indicating they need
assistance.
24. A person shall be
prohibited from the facility when her/his presence or behavior disrupts the
program, distracts the staff from their responsibilities, intimidates or
promotes fear among the children, or when there is reason to believe that
her/his action or behavior will present children in care with risk of
harm.
Section F
Guidance/Discipline
1. Staff shall use
positive methods of guidance/discipline which encourage self-control,
self-direction, self-esteem and cooperation. Guidance/discipline shall be
designed to meet the individual needs of each child.
2. No. employee, volunteer or parent may
employ any form of cruel or unusual punishment including corporal punishment
such as, but not limited to:
a. Hitting,
shaking, biting, spanking, pinching;
b. Restricting a child's movement by binding
or tying or use of any other form of mechanical restraint;
c. Withholding necessary food, water, rest or
toilet use;
d. Confining a child in
an enclosed or darkened area such as a closet or locked room;
e. Inflicting mental or emotional punishment
such as humiliating, shaming, threatening or frightening a child.
3. Rules, expectations and limits
shall be applied consistently and explained in a clear manner. A child shall
not be expected to perform behavior which is beyond the child's comprehension
or ability.
Section G
Environment
1. The facility shall provide a
pleasant, safe, clean, well-lighted, environment suitable for
children.
2. The facility's
building, grounds and equipment shall be maintained in a clean and orderly
fashion and kept in good repair.
3.
There shall be at least 35 square feet of safe usable protected/sheltered,
approved licensed space per child on the premises, excluding areas primarily
used for hallways, bathrooms, offices and the food preparation area in the
kitchen.
4. There shall be a safe
outdoor play area which provides a minimum of 75 square feet of space per
child. The play area shall be fenced or otherwise protected from traffic and
other hazards in a manner safe for children and, in the summer, include
provision for shade.
5. Children in
care shall be protected from any and all conditions which threaten a child's
health, safety and well-being. This includes protecting children from stoves,
pools, window covering pull cords, asbestos, wells, chips and dust from lead
paint, traffic and other hazards.
6. There shall be equipment which encourages
quiet activity (clay, crayons, paints, story and picture books, dolls, puzzles,
etc.). These shall be stored in a manner so as to promote easy access by
children.
7. Furniture, equipment
and climbing structures shall be clean, sturdy, without sharp edges, present
minimal hazards, and shall be appropriate for the size, abilities and
activities of the children. Pressure treated wood containing creosote or
pentachlorophenol shall not be present.
8. Swing seats shall be made of soft material
with no sharp edges.
9. All
equipment shall be arranged so that children playing on one piece of equipment
shall not interfere with children playing on or running to another piece of
equipment.
10. Climbing equipment
and swings shall be securely anchored to the ground.
11. Cushioning material which is absorbent
shall be in place in sufficient depth under climbers, slides, swings, or other
structures which allow children to achieve a height of more than 30 inches.
This material shall be maintained in good condition. Grass, bare ground,
asphalt and concrete are prohibited under these structures.
12. Closet and bathroom doors which can be
locked shall be capable of being unlocked from the outside. The unlocking
device shall be readily accessible.
13. There shall be a separate room or area
within a room designated for sleeping or resting. No other activities shall
occur in these areas while children are sleeping or resting.
14. All areas used to determine the indoor
licensed capacity shall not be subject to drafts.
15. When the program includes naps or
resting, each child shall have a clean, comfortable space in which to do so.
There shall be cots, mats or mattresses with clean mattress covers for children
who nap. Children shall have their own blankets for napping or resting.
16. Spaces between the upright
slats in cribs shall not exceed 2 3/8 inches.
17. Children less than 12 months of age shall
sleep in playpens or cribs. Children 12 months of age or older shall sleep
in/on mats, playpens, cribs, beds or cots.
a.
Each sleeping device shall have a washable covering and appropriate
bedding.
b. A child shall not
sleep/rest directly on the waterproof covering or floor.
I/T18. Rocking chair(s) or other comfortable adult-sized
seating(s) shall be provided in each of the infant and toddler areas.
I/T19. Toys for infants and toddlers shall be large enough to
prevent swallowing or choking.
20. There shall be no animal present at the
facility, regardless of ownership, which presents a danger or health hazard to
the children. Children shall have not contact with wild animals.
21. There shall be a telephone, in working
order, on the premises immediately accessible for incoming and outgoing use
during the time children are present. The telephone number shall be publicly
listed. The use of answering machines is permitted only when they are fully
operational and located where they can be heard by staff.
22. Infants and toddlers shall be protected
from all stairways by a safe mechanical device (physical
barrier).
Section H
Transportation
1. Upon written permission from
the parent, transportation may be provided for children.
2. The vehicle used for transporting children
shall be registered, inspected and insured according to State law.
3. The operator of the vehicle shall hold a
valid operator's license appropriate for that vehicle.
4. Children in vehicles shall not be left
unattended or unsupervised at any time.
5. When there are 3 or more non-ambulatory
children in the vehicle, there must be at least 2 staff present unless the
vehicle is equipped with a two-way communication system linked to emergency
backup services. When there are more than 6 non-ambulatory children in the
vehicle a 1:4 ratio shall apply.
6.
No more than six preschool children shall be transported in a vehicle without
the presence of a second adult; no more than 15 preschool children shall be
transported in a vehicle without the presence of a third adult, subject to H
(5) above.
7. The driver shall wear
an individual seat belt.
8. When
being transported in a motor vehicle, all children, except children who have
physical conditions which prevent the use of a child safety seat or seat belt,
must be properly restrained in accordance with the following chart:
|
Age
|
Position
|
|
Front Seat
|
Rear Seat
|
|
Under 5
|
Child Safety Seat
|
Child Safety Seat
|
|
5 - 15
|
Safety Belt
|
Safety Belt
|
|
- a child safety seat for a child under one year
old is normally called a "infant care seat."
|
|
- a child safety seat for a child over one year old
is normally called a "toddler safety seat."
|
9.
The practice of allowing two or more children in the same child safety seat or
seat belt is prohibited.
10. When
school-age children are transported in school buses, there must be a second
adult if there are 10 or more children. After the 2nd staff person, a
staff/child ratio of at least 1:13 shall be maintained.
11. When school buses are utilized, the
driver shall be licensed by the Vt. Dept. of Motor Vehicles to operate a school
bus.
12. The number of children
within the school bus shall not be more than the number of seating spaces
provided.
13. Automobile insurance
at limits of bodily injury liability of not less than $ 100,000/$ 300,000, and
property damage of not less than $ 50,000 shall be carried.
Section I Swimming
1. Each child shall have written permission
from her/his parent prior to participating in a wading/swimming
activity.
2. Swimming facilities
shall be protected and pools fenced so that no child may gain access without
staff approval, observation and supervision. Facilities and pools shall be
maintained in accordance with standard health, safety and cleanliness
practices.
3. The licensee or the
licensee's designee must develop a written aquatics plan addressing supervision
and safety of all swimming activities. This plan shall have a table contents
and plot plan for any swimming facility in use by the program indicating where
first aid is to be practiced and where emergency equipment is to be placed at
each site. This plan shall be:
(a) reviewed
annually;
(b) updated as
needed;
(c) known by all staff
person present at the swimming facility;
(d) kept on file at on-site swimming
facilities, and
(e) be on file,
including updates or revisions with the Division.
(f)I n the case of off-site swimming
locations the plan is to be formulated in conjunction with off-site aquatics
personnel.
4. The
written plan shall include:
(a) A system
whereby each child's designation of swimmer or non-swimmer can be
predetermined.
(b) An assessment of
each child's swimming ability is performed by a person who holds a valid ARC
WSI certificate
or current certificates issued by an approved certifying agency providing for
equivalent levels of training. When all bathers are segregated into water less
than chest deep on them, swimming ability assessment is not required.
(c) A system whereby non-swimmers are
restricted to areas where the water is less than chest deep on them (except for
learn-to-swim programs or when staff supervise a maximum of three non-swimmers
in shallow water in a non-swimming area).
(d) A system which provides for:
(1) an accounting system which identifies
each bather by name, his/her swimming ability and the area to which the bather
is assigned;
(2) a method of
recording the entry to and who must have the same swimming ability - one
threesome is allowed per swim area;
(4) instruction to buddies to notify the
lifeguard when their partner is in distress or missing;
(5) checks of all bathers every 15
minutes;
(6) when children are
unable to comprehend or implement a buddy system, another method which provides
an equivalent level of bather safety, supervision and accountability may be
substituted and described in the written plan which must include a feature of
bather accountability every 15 minutes.
5. In addition to the plan outlined in Number
4 above, there shall a written aquatics "lost swimmer" plan which details all
procedures to be followed, including clearing the water, and searching and
supervising children during the search. The "lost swimmer" plan shall be
activated when a buddy check fails to account for the whereabouts of a
bather.
6. Swimming is prohibited
during the hours of darkness unless adequate lighting is provided and swimming
is restricted to shallow water.
7.
Piers, floats and platforms shall be maintained in good repair.
8. If diving is permitted, the requirement
that the minimum water depth be clearly marked. The minimum water depth for a
one meter board shall be at least 10 feet and free from stumps, rocks or other
debris.
9. At least one certified
lifeguard be shall on duty at all times for each group of 25 children (or
portion thereof) in the water. The minimum ratio of staff to children
participating in a swimming activity shall be:
(a) 1:10 for children age 8 or
older;
(b) 1:8 for 6 and 7 year
olds;
(c) 1:6 for children age 5
and under.
10. When
children in care of the licensee share a swimming area with other bathers, a
system of visual identity must be in place to identify children in care.
Commonly used identifiers are: specified bathing suits or caps, wrist bands or
colored zinc-oxide sun block. Personal floatation devices of any kind may not
be used as identifiers.
11. On-site
program written aquatic plans must include all the foregoing of Section I plus:
(a) designation of an aquatics director who
is responsible for the implementation of the plan when children are
present;
(b) a clear outline of the
chain of command.
12.
Off-site programs written aquatic plans must include all of the foregoing
elements of Section I and also include:
A written aquatics plan developed by the licensee/licensee's
designee in conjunction with an aquatics official representing the swimming
site.
13. When off-site
swimming facilities are used the licensee does not need to provide lifeguards
unless no lifeguards are provided by the owner of the swimming
facility;
14. The staff of the
licensed facility is responsible for supervising the children in their care
when the children are engaged in swimming activities regardless of who employs
the lifeguard(s) on duty.
15.
Lifeguards shall actively guard children at the swimming area, respond to
emergencies which occur in the swimming area and implement and oversee the
buddy system or other bather accounting system.
16. When lifeguards are on duty supervising
the swimming area, they are not counted in the child-staff ratios listed in
Number 9 above.
17. Lifeguards must
possess first aid, CPR and lifeguard certification from the ARC, YMCA, BSA,
Ellis and Associates or other nationally recognized organization providing
equivalent training.
18. When
swimming lessons are being provided, the lessons shall be provided by a
certified instructor.
19. Children
using wading pools shall be under the direct supervision of at least one staff
person at all times.
20. When in
use, wading pools shall be cleaned daily and filled with fresh water at least
daily. Wading pools shall be emptied and properly stored when not in
use.
Section J Emergency
Procedures
1. A first aid kit containing at a
minimum: adhesive, bandages, ice pack, scissors, safety pins, sterile gauze
dressings, rolls of gauze bandages, thermometer or fever strip, tweezers,
disposable latex gloves, syrup of ipecac and an easy reference first aid manual
shall be available and accessible to staff. This kit shall be replenished as
supplies are used or as expiration date(s) indicate.
2. There shall be an emergency evacuation
plan consisting of simple, clear drawings which show evacuation routes posted
by the door in each room in which children are in care.
a. A mechanism shall be in place to assure
that all children are accounted for at a predeter-mined safe place.
b. The plan shall be practiced by staff at
least once each month. A written record of the the dates practiced shall be
maintained. Evacuation required under this plan shall be completed within three
(3) minutes.
c. The plan shall be
practiced by staff at least once each month. Children need not be present when
plan is practiced. A written record of the dates practiced shall be
maintained.
3. The
parent(s) of a child who becomes ill or who is injured at the facility shall be
notified immediately. Severely injured children shall be moved only with the
permission of the parent or by direction of a medical professional unless such
are not available and immediate movement is necessitated by an emergency
situation.
4. An ill or injured
child shall receive immediate attention of the staff. Clear plans shall be made
to notify parent and make plans for the parent(s) or other designated person to
pick up the child.
5. Upon
determination that a child may be lost or may have been abducted, a staff
person shall immediately notify the parent(s) of the child, the police and the
Division.
Section K Health
1. Diaper Changing
a. Diapers shall be changed when soiled or
wet.
b. Diapers shall be changed in
accordance with the procedures outlined in the Division's "Procedure for Diaper
Use in Child Care Facilities."
c. A
separate area shall be provided for the changing and storage of diapers; this
area shall not be included in the area where food is prepared or
served.
d. A sturdy changing
structure for children in diapers shall be provided; this structure shall be of
adequate height and easily cleanable.
e. A sink, other than the sink used for food
preparation and/or clean-up, with running hot and cold water, shall be
convenient to the diapering area.
f. Staff members with open sores or lesions
on their hands shall wear gloves during diapering. Gloves shall be disposed of
or disinfected after each use.
2. Disinfection
Disinfection shall be accomplished by using a solution of
5.25% sodium hypochlorite (household bleach) prepared daily. The recipe for a
bleach disinfecting solution for for use in bathrooms, diapering areas and for
blood spills is 1/4 cup of bleach to one gallon of cool water, for bleach
solutions (for use on toys) is 1 tablespoon of bleach to 1 gallon of cool
water. Alternatives to bleach are hospital grade germicides. Always follow the
directions on the label. Do not mix cleaning agents. When spraying a
disinfectant, take care not to inhale the mist. Allow surfaces to air
dry.
a. Bathroom fixtures, floors and
table surfaces shall be cleaned and disinfected daily. disinfected
daily.
b. All toys mouthed by
infants and toddlers shall be cleaned and disinfected daily.
c. All toys and indoor equipment shall be
cleaned at least weekly.
d. Diaper
changing areas and toilet teaching chairs shall be disinfected after each
use.
e. Plastic bedding, mats,
cots, cribs, etc. shall be disinfected when soiled.
f. Blood spills shall be treated cautiously
and decontaminated promptly. Disposable gloves shall be worn while handling any
blood spill, bloody diarrhea, bloody nose, etc. and discarded after each use.
Contaminated surfaces shall first be cleaned with hot, soapy water, and then
disinfected with a solution as prescribed in the beginning of this section.
Handwashing with soap and water shall occur after the cleaning of any spill
involving blood, vomitus, fecal or urinary incontinence.
3. Excludable Conditions
a. No child shall be admitted if in the
opinion of the Director or a medical professional the child is too ill to be in
day care.
b. A child or staff
member diagnosed as having any any of the following diseases or infections
shall be excluded from the day care setting until a a medical professional
indicates that it is safe for him or her to return:
bacterial meningitis
chicken pox
Shigella
Campylobacter
Salmonella
Giardia
polio
impetigo
diphtheria
hepatitis A
measles
mumps
pertussis (whooping cough)
rubella (german measles)
streptococcal infection, including scarlet fever, strep
throat
tuberculosis (active)
c. A child or staff member diagnosed as
having the following conditions shall be excluded until indicated below:
Lice: may return after appropriate treatment is
completed;
Scabies, pinworm infection, ringworm infection: may return 24
hours after treatment is initiated.
d. A child or staff member who has the
following symptoms shall be excluded from the day care setting until the
symptoms disappear or until otherwise indicated by a medical professional:
Diarrhea: 3 loose stools beyond what the child normally has
in 24 hours or loose stools persisting for more than 48 hours;
Vomiting: 2 or more episodes in previous 24 hours;
Fever: greater than 101 degrees F. rectally or 100 degrees F.
orally or axillary;
Severe coughing: child gets red/blue in the face or produces
whooping or croup noise after cough;
Purulent conjunctivitis (pink eye);
Jaundice: yellowing of skin or white part of the eye;
Rash with fever or behavior change;
Other symptoms of possible severe illness such as unusual
lethargy, irritability, persistent crying, difficulty with breathing,
persistent abdominal pain.
4. Food Services
a. All food shall be transported, stored,
prepared and served in a sanitary manner. All on-site food preparation and/or
use of multi-service utensils shall have prior approval by the Division or the
Vermont Department of Health.
b.
Children may be permitted in meal preparation areas when supervised.
c. The food preparation area shall not be
used for other activities when food or drink is being prepared or
served.
d. Live animals shall not
be kept or allowed in any rooms where food or drink is being
prepared.
e. Hot and cold water
under pressure shall be available in all rooms where food or drink is prepared
or utensils are washed.
f. All
kitchen sinks shall be equipped with individual cloth or paper towels and soap
for handwashing by food service personnel.
g. Surfaces coming into contact with food or
drink shall be easily cleanable, in good repair, and shall not be made of toxic
material.
h. Kitchen facilities
shall be maintained in a sanitary condition, free of dust, insects and other
contaminants.
i. No wastewater
pipes shall be located over food preparation, storage or serving
areas.
j. All readily perishable
food or drink, including that brought by children, shall be refrigerated at or
below 40 degrees (F), 7 degrees (C), except when being prepared or
served.
k. Food and containers of
food shall be labelled and dated and stored in the refrigerator in order to
permit free circulation of cool air, and in such a manner as to prevent
contamination.
l. Frozen foods
shall be stored at 0 degrees (F) (-17C) or below.
m. Readily perishable food not in its
original container shall be stored in the refrigerator in covered shallow pans
not more than 3" in depth to promote rapid cooling.
n. All readily perishable food shall not be
kept at room temperature for more than 1 hour while being prepared or
served.
o. Fresh fruits and
vegetables shall be thoroughly washed before use.
p. All readily perishable or readily
contaminated frozen food shall be thawed at or below 40 degrees (F) (7C) or
above 150 degrees (F) (60C).
q. All
readily perishable or readily contaminated hot food shall be kept at 150
degrees (F) (60C) or above.
r. All pork and pork products, chicken and chicken products,
shall be cooked until all signs of redness have disappeared.
s. All milk, fluid milk products, ice cream
and frozen desserts shall be pasteurized and obtained from sources approved by
the Vermont Department of Agriculture.
t. Any food served to a child shall not be
served to another child.
u. All
utensils, equipment and food shall be stored in a clean, dry place, free from
insects, dust and other contamination, and shall be handled in such a manner as
to prevent contamination.
1. All containers
and utensils shall be stored 18" off the floor if stored in openly. Dishes
shall be stored in closed space. Cupboards shall be clean.
2. Utensils shall be covered or inverted when
not in use.
3. Containers and
utensils shall not be handled on the surfaces which come in contact with food
or drink.
4. Paper cups, plates,
straws, spoons, forks, and other single service containers and utensils shall
be purchased in sanitary cartons and stored in a clean and dry place until
used. After removal from the cartons, these articles shall be placed in
dispensers or stored so that the food contact surfaces are not exposed to
sources of contamination; single service utensils shall be used only
once.
5. All machinery and
equipment in connection with the operation of the kitchen shall be so
constructed and arranged so as to be easily cleanable and shall be kept in good
repair.
6. Enamelware and cracked
or chipped china or glassware shall not be used.
7. All foods shall be stored in plainly
labeled, dated and rodent proof containers.
8. All foods that are contaminated shall be
disposed of promptly. Swelled, rusty, dented or leaky canned food or drink
shall be disposed of promptly.
v. When multi-services utensils are used a
mechanical dishwasher shall be equipped with a rinse cycle of 140 degrees (F)
(57C). This shall be installed and operated according to the manufacturer's
recommendations.
1. In a child care facility
center serving 12 or fewer children, a family kitchen in good repair shall be
acceptable. A domestic dishwasher is acceptable for washing dishes.
w. When a dishwasher is not
available and single service items are not used; a three compartment sink with
adequate space for drainboards shall be required for the dishwashing, rinsing
and sanitizing of dishes and utensils. Dishes, shall be washed in hot, clean
water 120 degrees (F) 49 (C), rinsed in hot, clean water and immersed for two
minutes in sanitizing rinse. One and 1/4 teaspoons of chlorine bleach must be
used for each gallon of water during the sanitizing rinse. Handwashed dishes
shall be air dried.
1. In a child care
facility center serving 12 or fewer children, when a dishwasher is not
available, there shall be a two compartment sink with adequate space for
drainboards, and dishes shall be washed subject to the procedures stated in
Section w above.
x. Food
may be prepared in an approved facility and transported to the program in
appropriate sanitary containers and at appropriate temperatures.
y. Formula, milk or food, if heated, shall be
served to children only after contents have been shaken (if liquid) and
tested.
z. The facility staff shall
practice good hygiene when handling food. Staff with diarrhea shall not work in
the food preparation area. Staff with open sores that cannot be covered shall
not prepare food.
5.
Food Preparation For Infants
a. Infants must
be fed according to their individual feeding schedule.
b. Infants shall be assisted during bottle
feeding until they are able to hold their own bottle.
c. Sanitary methods shall be used in handling
formula, bottles and nipples.
d.
Commercially prepared formulas must be prepared and stored according to package
labeling.
e. If a parent chooses to
prepare formula, the individual bottles must be labelled with child's name and
date, and refrigerated at the facility until used. Formula so prepared or
bottled breast milk shall be returned to parents or discarded at the end of the
day.
f. Formula left in a bottle at
the end of a feeding shall be discarded.
g. Bottles and nipples which will be reused
must be thoroughly washed between uses. Pre-filled bottles for single use by
one child are to be cleaned and sent home.
h. Solid food shall be introduced to the
individual child according to the parent's instructions provided such
instructions do not conflict with safe health practices.
i. Commercial baby food containers that are
opened, and foods prepared in the center which are stored, shall be covered,
dated and labelled as to the contents and refrigerated. The contents shall be
returned to the parent or discarded at the end of the day. 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. Food left over in the
serving dish must be discarded.
6. Handwashing
a. Staff shall wash hands with soap under
warm running water:
1. before preparing or
serving food;
2. before feeding a
child;
3. after diapering a
child;
4. after assisting a child
with toileting;
5. after cleaning
up after a sick child or a bloodspill;
6. after toileting;
7. after handling animals.
b. Children (except infants) must
wash hands with soap under warm running water:
1. before they eat;
2. after they use the toilet;
3. after handling animals.
c. Staff shall wash the hands of
children who are unable to wash themselves.
7. Illumination
a. Areas licensed as indoor usable space for
children, except sleeping areas, shall have artificial lighting available that
provides a minimum of 50 foot candles of light 24" above the floor. Other areas
must provide a minimum of 30 foot candles over the entire room.
b. Stairways shall be well-lighted and
equipped with handrails.
8. Laundry
a. Wet or soiled clothing shall be changed
promptly.
b. Individual bedding
shall be washed at least once a week and used by only one child between
washings.
c. Soiled bedding should
be removed immediately. Individual cribs, cots, or mats shall be washed if
soiled.
9. Medication
a. Prior to giving prescription medication to
a child, written permission from the parent shall be obtained specifying reason
for medication, dosage, content and schedule. Prescription medication shall
only be given when:
1. the prescription is
for the child;
2. the medication is
clearly labeled as to dosage, content, schedule, is in its original container
and the date is current;
3. dosage
does not exceed the recommended dosage on label.
b. Written parental permission shall be
acquired for dispensing non-prescription medication. Parent are to be notified
in advance when non-prescription medications are to be used. Parents may grant
general authorization for topically applied non-prescription medications.
10. Nutrition
a. There shall be no more than three hours
between the serving of meals and snacks.
b. Children shall receive meals and/or snacks
according to the following:
|
Hours of Care
|
Minimum Meals and/or Snacks That shall be
Served
|
|
12 hrs.
|
2 meals and 2 snacks
|
|
8 hrs. or more but
|
1 meal and 2 snacks or
|
|
less than 12 hrs.
|
2 meals and 1 snack
|
|
4 hrs. but less than 8 hrs.
|
1 meal and 1 snack
|
|
4 hrs. or less
|
1 snack
|
|
8-10 hrs. of night-time care
|
2 snacks or meals if child is present at standard
mealtime hours.
|
c.
Snacks provided by the parents which are subject to rapid deterioration or
spoilage shall be refrigerated upon arrival at the facility.
d. When the child care facility provides
meals, menus of the previous 6 weeks shall be on file for inspection and the
menus for the current week shall be posted.
e. When furnished by the facility, snacks and
meals shall be wholesome, adequate, nutritious and in appropriate portions.
Snacks shall consist of foods belonging to at least two (2) food groups and
meals shall consist of foods belonging to at least three (3) food
groups.
e.
1. When meals/snacks are furnished by the
parent, parents shall be encouraged to provide appropriate portions of food
which is adequate and nutritious.
f. Sufficient food shall be available for
second servings at meals.
g. No
child shall be forced to eat.
h.
Toddlers and preschoolers shall be encouraged to serve and feed
themselves.
i. Powdered milk shall
be used for cooking only.
j. Upon
request, children shall be provided with water for drinking.
k. Medically required special diets, formulas
or food supplements shall be given to children only after obtaining written
instructions from the child's parent(s).
l. A child shall be provided a special diet
only upon written authorization and direction by the parent.
11. Outdoors
Outdoor areas shall be well drained and free from depressions
in which water may stagnate.
12. Plumbing
a. The plumber performing the work must file
a Plumbers Work Notice before beginning work, as well as comply with all other
Labor and Industry notification requirements while performing the work (unless
the municipality is exempt).
b. All
building wastewater pipes shall be connected to a public sewer when there is
one available.
c. All plumbing
shall comply with the applicable plumbing code and be designed and installed to
prevent contamination of the water supply through interconnections and/or
back-siphonage from fixtures and equipment and to prevent contamination of
food, drink, food bearing surfaces, utensils and equipment.
d. Prior to licensure approval of water
supply and wastewater disposal system must be granted by the Department of
Environmental Conservation.
13. Poisons
a. All poisonous substances, including
aerosol sprays shall be inaccessible to children.
b. Drugs, alcohol and other medications shall
be clearly labelled and shall be inaccessible to children.
14. Premises
a. Roofs, exterior walls, doors, skylights,
and windows shall be weathertight and in sound condition and good
repair.
b. Floors, interior walls,
ceilings, and windows shall be maintained in good repair. All painted surfaces
accessible to children shall be smooth and easily cleanable and free of toxic
material. Lead-base paint is prohibited.
c. Prior to initial licensure of an existing
building an assessment shall be performed by a person certified by the Vermont
Department of Health to determine (1) if Asbestos Containing Material (ACM) is
present; and, (2) if ACM is present, to ascertain the condition of such
material. A copy of assessment shall be made part of the initial license
application. If abatement recommendations (repairs, enclosure, encapsulation or
removal and clean up) are made, then recommendations must be corrected before
any renovations begin. When recommendations such as these are made, the Vermont
Health Department Asbestos Control Program shall be notified by the applicant
and, if warranted, a site visit may be made to determine the necessity of the
recommendations.
d. The facility's
air conditioners, electric fans, and heaters must be mounted out of the
children's reach or have safeguards which prevent children from being
injured.
e. There shall be
railings, easily reachable by children, on stairs, porches and platforms more
than 2 feet above the ground.
f.
The premises shall be cleaned at least daily.
g. Stairs, ramps, walks and porches shall be
maintained in a safe condition relative to the accumulation of water, ice, snow
or other hazards.
h. Bathroom and
kitchen floors and molding surfaces shall be constructed and maintained so as
to
i. Garbage and refuse shall be
stored in insect and rodent proof containers with secure fitting
lids.
j. Garbage and refuse shall
be removed from the building at least daily, and removed from the premises at
least weekly.
k. Reasonable efforts
shall be made to keep the facility free of insects and rodents.
l. Dumpsters, garbage cans or highly
flammable materials are prohibited from the outdoor play area. Covered trash
cans are permitted.
m. Devices that
constantly diffuse air-borne chemicals that are harmful to humans are
prohibited.
n. The facility shall
utilize child-proof covers or safety outlets for electrical outlets accessible
to children younger than 5 years old. When 220-volt electrical connections are
within the children's reach, they must cover them with a screen or
guard.
o. Low shelves and doorknobs
shall be washed and disinfected so as to minimize the spread of
illness.
p. Step stools for
children shall be required if lavatories (hand sinks) are installed at other
than child height.
15.
Smoking
a. Smoking is prohibited on the
premises defined as the child care facility or in view of the
children.
16.
Temperature
a. A minimum draft-free
temperature of 68 degrees (F) one foot above the floor must be maintained in
areas of the facility used by children. Indoor gross motor areas not counted in
the indoor square footage measurement are exempt from this 68 degree (F)
provision.
b. Areas used by infants
shall maintain a temperature of at least 68 degrees (F) at floor
level.
17. Toilets and
Toileting
a. There shall be a conveniently
located toilet and sink for every 15 children or portion thereof (excluding
non-toilet trained children). Toilets are to be used only by children, parents,
staff and volunteers of the facility.
b. Bathrooms are to be kept clean and in good
repair with adequate lighting and ventilation.
c. Ventilation from the bathroom to the
outside air must be by a screened window or electric exhaust fan.
d. Children shall have free access to toilet
facilities when needed.
e. Toilets
are to be cleaned and disinfected daily.
f. Toilet paper shall be available at all
times at each toilet and be properly dispensed through a dispenser.
g. Toilets are to be flushed after each
use.
h. Lavatories shall have hot
and cold running water which emanate from a single spigot.
i. Soap and paper towels shall be available,
properly dispensed and accessible to the children at each lavatory (hand
sink).
j. When a toilet teaching
chair is used, the contents must be emptied into the toilet after each use. The
toilet teaching chair shall be disinfected after each use. The kitchen sink
shall not be used for the cleaning of toilet teaching chairs or the disposal of
toilet wastes.
k. There shall be a
continuous program to instruct the children in the proper and sanitary use of
toilet facilities.
l. Staff shall
assure that children use only those toilet articles belonging to or
individually assigned to them.
18. Ventilation
a. All rooms shall have at least one openable
(screened in the summer) window unless artificial ventilation is used as a
supplement or substitute; minimum ventilation shall be 4 cfm per
occupant.
b. All rooms must be
sufficiently ventilated to be reasonably free of disagreeable odors,
condensation, and toxic gases.
c.
Doorways to the outside which are open, excluding fire doors, must be
screened.
19. Water
a. Water from a public water system must be
in compliance with the Vermont Department of Health's "Public Water System
Regulations" and/or applicable Department of Environmental Conservation
Regulations.
b. Private water
systems shall be capable of furnishing an adequate supply of potable water at
pressure necessary to sustain equipment during all hours of operation. A
minimum residual pressure of 20 pounds per square inch is required during
maximum draft at faucets.
c.
Drilled wells must be capped at least 18 inches above the ground. Springs must
have tight-fitting metal or concrete tops.
d. The temperature of hot water available to
children shall not exceed 120 degrees F.
e. Water supply employing water haulage (tank
truck haulage, containers, etc.) in the distribution system will be approved
only in emergency situations. Prior approval must be obtained from the
Division.
Section
L Training
1. Persons responsible
for developing the program shall receive at least 9 hours of training per
year.
2. Paid staff who are
included in the staff/child ratio shall receive at least six hours of training
a year the majority of which shall be related to the care and development of
children. This training is in addition to any infant/child CPR certificate or
recertification.
3. At least two of
the six hours of required staff training shall focus on the skills and
competencies related to the ages or developmental stages of the children in the
caregiver's group.
4. It shall be
the responsibility of the Licensee or Director to provide, or arrange for the
provision of in-service training. In addition, the Licensee or Director shall
disseminate information about training meetings in the area and shall encourage
staff to attend workshops or meetings which will benefit them.
5. The Director shall be responsible for
obtaining appropriate training for staff caring directly for children with
special needs.
6. The Department
may determine whether additional training or technical assistance is needed in
order to achieve compliance with these regulations. When such a determination
is made, the training/technical assistance must be completed prior to the
re-issuance of future licenses.
Section
M Relationship Between Licensee and the Division
1. All notices of violation shall be posted
in a place in the facility where parents can see and read them.
2. When violations are found to exist, the
Department may offer a Licensee the opportunity to develop a program
improvement plan whereby the violations will be corrected within a time period
specified by the Division. Such opportunity may not be provided when the
violation poses risk of harm or is of a repeated nature.
3. The Licensee shall notify the parent of
each enrolled child, by mail, of a serious violation.
4. No later than 15 days after employing a
person, the Licensee or his/her designee shall furnish the Division with the
name, birthdate, place of birth and social security number of that person. No
person can end probationary status until the Division has informed the Licensee
that the staff person does not have an abuse or criminal history which would
preclude his/her presence at an ECP.
5. Upon request, a Licensee shall provide the
Department with a list of the names, addresses and telephone numbers of
families served during the prior twelve months and dates of attendance for each
child served. The Division shall contact the Licensee by telephone, or in
writing, to inform the Licensee of the request.
6. The Licensee shall permit visits,
inspections and examinations of the Licensed Facility, its records, equipment
and materials at reasonable hours by representatives of the Division.
7. The Division may deny the issuance of a
license if it has found that the person who has submitted the application has
not complied with these regulations.
8. The Division may attach conditions to a
license or issue a provisional license when conditions warrant.
9. When a Licensee has made timely and
sufficient application for license renewal, the existing license does not
expire until the application for license renewal has been acted upon by the
Division.
10. A Licensee or
applicant providing false information or who causes the Division to receive
false information, may have their license denied, suspended and/or
revoked.
11. A violation of any
section of the law or regulations regarding a Licensed Day Care Facility may be
cause for the revocation of the license.
12. When there is reason to believe that the
health, safety or well-being of children in care is immediately imperiled, the
license may be suspended.
13. The
Division may notify parents of enrolled children of its action or proposed
action in the event that the license has been suspended or is the subject of an
intended revocation.
14. An
intention of the Division to revoke, or a decision to suspend, shall be
communicated in writing, and shall set forth the facts of conduct the Division
believes warrants the intended action. This notice shall contain the Licensee's
rights to a hearing and an appeal:
a. If the
Licensee is aggrieved by the intended action, he or she must indicate to the
Department or the Human Services Board that they wish to challenge the action
within thirty (30) days from the date of the mailing of the Division's letter
of intended action.
b. Such a
grievance shall also be considered a request for a hearing and fair hearing
before the Human Services Board pursuant to
3 VSA 3091. If the
Licensee has not already requested a fair hearing the, Division shall notify
the Board of the Licensee's request.
c. Within fifteen (15) working days of the
receipt of the grievance the Commissioner shall schedule a review of the
intended action and provide the Licensee with an opportunity to be heard with
regard to the intended action.
d.
The Licensee may submit a written response to the letter of intended action or
may present her/his position to the Commissioner, or her/his designee, in
person or through an attorney or other representative. At that time the
Licensee may bring witnesses, documents or present any other evidence in their
behalf.
e. The burden of proving
facts alleged as the basis for the intended action shall be on the
Department.
f. After the hearing
the Commissioner shall notify the Licensee in writing of the decision of the
Department regarding the intended action. If the Commissioner decides that the
intended action should take place, an appeal will be conducted according to the
rules of the Human Services Board. Notice of the Department's action shall be
posted in a place where parents can see and read it.
g. Unless the license has been suspended, it
shall remain in effect until the Human Services Board enters its final decision
on the appeal.
15. The
ECP shall have a written policy which is known to all staff which requires the
Licensee as well as staff who have a reasonable cause to believe that any child
has been abused or neglected to report or cause a report to be made to the
Department within 24 hours. If staff has followed the written policy of the ECP
in making abuse reports, then the Licensee may not terminate the employment of
or take any other adverse action toward the staff person for making the
report.
16. A Licensee or his/her
designee shall not discharge, demote, transfer, reduce pay, benefits or work
privileges, prepare a negative work performance evaluation or take any other
action detrimental to any employee because the employee filed a good faith
report regarding suspicion of abuse.
17. The staff shall distribute materials and
information relevant to child care, development, health and safety as requested
by the Division.
18. A Licensee who
is licensed to provide child care in their residence may not provide respite
care for foster children, or foster care, either licensed or provisional,
except that they may provide respite or short term foster care to a child who
is already enrolled in their facility.
PROCEDURE FOR DIAPER USE IN CHILD CARE FACILITIES
Because of environmental concerns, many parents and child
care providers have expressed interest in using cloth as opposed to disposable
diapers. Though the use of cloth diapers reduces solid waster accumulation,
incorrect or excessive handling of cloth or disposable diapers could increase
the risk of infection transmission. Each facility has the right to decide
whether it has the desire and capability of using cloth diapers in a hygienic
manner.
The facility may wish to use cloth diapers on a facility-wide
basis or only for children whose parents have requested their use. Facilities
can utilize diaper services with twice weekly pick-up as long as the procedures
listed below are met.
Common diaper receptacles for children using the same diaper
service can be used as long as pick-up by the diaper service occurs at least
twice weekly. The diaper receptacles must be lined with a liner which is
capable of protecting its contents from bacterial spillage once it is sealed at
the end of the day.
Individual family owned used cloth diapers can be held in
lined individual family receptacles with tight fitting lids. The contents of
these receptacles are to be sealed at the end of each day and taken home. A new
or washed and disinfected liner must be used each day. Arrangements can also be
made to permit an individual family to have a diaper service pick up diapers at
the facility. Diapers used at home require separate pick up.
NOTE: The greatest risk for transmission of disease in child
care settings comes from a breakdown of hygienic diaper changing and
handwashing procedures. The initial training and monitoring of all staff who
care for non-toilet trained children regarding the following procedures is
critical in promoting the health of both children and staff.
Procedures to be used with diapers:
a. Remove soiled diaper and soiled
clothing.
b. Clean the child's
bottom with a premoistened disposable towelette, or a clean damp cloth used
only once then held for laundry. If a child needs to be washed completely
running water shall be used and the tub disinfected after the child is
diapered.
c-1 Disposable diapers: The soiled diaper shall be folded
over and put into a container which is lined and constructed of easily
cleanable material. Containers shall be cleaned and disinfected daily, have
tight fitting lids, and shall be inaccessible to the children. Soiled clothing
shall be placed in a plastic bag (see step h.) and not be rinsed.
c-2 Cloth diapers: The outer covering and inner lining shall
be changed together at the same time as a unit and shall not be reused unless
both are washed. Cloth diapers soiled with feces shall not be shaken or rinsed
at the time the diaper is removed from the child. Soiled diapers shall be
folded and placed into a container that is lined, constructed of an easily
cleanable material and has a tight fitting lid. Urine-soiled and feces-soiled
diapers may be stored in the same container.
Parent-owned cloth diapers shall be placed into a
family-labeled receptacle. Parents shall take the container home at the end of
each day.
Diaper service-owned diapers shall be handled according to
one of the three options listed below, and based on agreement by the child care
center, the parent, and the diaper service:
1. The diaper service picks up unrinsed
diapers at the facility. Containers shall be sealed at the end of the day.
Separate clean and disinfected containers shall be used each day. Pick up must
be twice weekly at a minimum. No on-site rinsing occurs.
or
2. The
child care center can be responsible for rinsing the diapers. Diapers will be
shaken and rinsed at the end of the day after all the children have left the
premises by a staff person wearing rubber gloves. Diapers are then stored for
pick-up in a sealed container. The toilet area shall be disinfected after
diaper rinsing. Pick up must be twice weekly at a minimum.
or
3.
Parents using a diaper service may take the diapers home to rinse at the end of
each day. Diapers shall be placed into family-labeled containers. Separate
clean and disinfected containers shall be used each day. The parents and the
diaper service can arrange pick-up for the soiled diapers. Pick-up shall not
occur in the child care center.
d. Diaper the child.
e. Wash the child's hands.
f. Dress the child.
g. Disinfect or dispose of the cover of the
changing structure. If the cover of the changing surface is not disposable and
if it has been soiled by feces, it shall be washed with soap and warm water
prior to disinfection.
h. Other
equipment or supplies soiled during diapering shall also be cleaned and
disinfected. Soiled clothing and training pants shall be placed in a plastic
bag with the child's name to be sent home for laundry. These items may be
placed with soiled diapers if not diaper service is used and the family is
responsible for laundry.
i. Staff
shall wash their hands after diapering each child using proper handwashing
techniques.
j. Soiled bedding shall
be removed immediately. Individual cribs, cots, or mats shall be washed if
soiled. Hands shall be rewashed after cleaning soiled areas.
k. Containers shall be inaccessible to
children.
