(5)  An infant 6 months of age or younger shall be held while being bottle fed. Toxics shall be stored away from food, food preparation areas and child care spaces. An operating thermometer shall be placed in the refrigerator. A child will not be deemed to be physically or mentally abused for the sole reason that the child is in good faith being furnished treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner thereof or is not provided specified medical treatment in the practice of religious beliefs or solely on the grounds of environmental factors which are beyond the control of the person responsible for the child’s welfare, such as inadequate housing, furnishings, income, clothing and medical care. (d)  If brushing teeth is a program activity, a child shall have a labeled toothbrush. (4)  Gross incompetence, negligence or misconduct in operating the facility. A family day care home is a facility in which four, five or six children unrelated to the operator receive child care services. Immediately preceding text appears at serial page (315877). In-home child care, also known as family or home daycare, is a setting in which you pay a child care provider to take care of your child on a regular ongoing basis, in their home, sometimes with other children. Child Development & Early Learning. (b)  A facility person with a herpes infection may not be present with infants younger than 3 months of age. IEP—Individualized education program as defined in 22 Pa. Code § §  14.101 and 14.131—14.133 (relating to definitions; and IEP). This guidance speaks to steps providers should take to keep child care spaces safe and properly monitor staff and children for potential exposure to and symptoms of COVID-19. Each regional child day care office is assigned responsibility for certain counties in Pennsylvania. 2437. (a)  The operator shall review with the parent, at the time of application, the facility’s general daily schedule, hours in which care is provided, fees, responsibilities for meals, clothing, health policies, supervision policies, night care policies, dismissal policies, transportation and pick-up arrangements. The provisions of this §  3290.102a adopted June 13, 1997, effective June 14, 1997, 27 Pa.B. (2)  A staff person shall administer a prescription medication only if written instructions are provided from the individual who prescribed the medicine. The provisions of this §  3290.173 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. The term includes care of foster children in a court-supervised arrangement. 2437. Certification of registration—A document issued by the Department to a legal entity permitting the legal entity to operate a specific type of facility at a specific location for a specific period of time not to exceed 2 years from the date of issue, according to applicable Departmental regulations. Family Child Care Home: A child care facility located in a home in which four, five, or six children who are not related to the caregiver receive child care. Purpose. You may also register an Online Complaint. (4)  Disposable nursers and bottles shall be labeled with the child’s name. Competence is completion of training by a professional in the field of first-aid. (a)  Stairways, hallways, exits from rooms, exits from the facility and other means of egress serving as an exit shall be unobstructed. (2)  A Pennsylvania school-age professional credential is equivalent to 9 credit hours from an accredited college or university in elementary education or child development and 1 year experience with children. The provisions of this Chapter 3290 adopted April 3, 1992, effective April 4, 1992, 22 Pa.B. The provisions of this §  3290.102 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087). Immediately preceding text appears at serial page (312160). The provisions of this §  3290.18a adopted December 26, 2003, 3ffective December 27, 2003, 33 Pa.B. (a)  A lunch or dinner prepared at the facility for children of toddler age or older shall have at least one item from each of the following food groups: (1)  Dairy products—milk, milk products and cheese. 2437. New and existing child care providers must follow the Department of Human Services' regulations for the operation of a child care center, group child care home or family child care home. The Department of Health will provide, upon request, a list of communicable diseases. Some schools, child care programs, and service organizations are supporting their communities by providing temporary or emergency child care services for the children of essential service providers such as first responders, healthcare workers, transit or food retail workers, and persons who do not have paid leave, cannot work from home, or do not have a family caregiver at home. Written consent is required prior to admission. The operator shall complete and update the form and provide a copy to the family in accordance with the updates regarding emergency contact information in §  3290.124(e) (relating to emergency contact information). 4708; reserved May 23, 2008, effective September 22, 2008, 38 Pa.B. (3)  If two infants are in care, three toddlers are permitted. (b)  Contact with pets by the children is permitted only when a staff person is physically present. 2437. PA Adoption Network . (2)  Toys and materials for cognitive development. (c)  Play equipment shall facilitate the child’s emotional, cognitive, communicative, perceptual-motor, physical and social development. (5)  The written certification required in paragraph (4) shall be retained in the staff file at the facility. (5)  The person is named in accordance with the CPSL as a perpetrator in an indicated or founded report of child abuse. (c)  If a door or doorway opens or exits directly into a stairwell and if there is no landing beyond the door or doorway, the door shall be restricted from opening or shall be removed and a secure barrier to prevent access to the stairwell shall be erected. Depending on where you live and the regulations in your state, you may see them called any the following names: Licensed child care homes. The requirement for supervision on and off the facility premises includes compliance with the staff:child ratio requirements in § §  3290.51 and 3290.52 (relating to maximum number of children; and ratio requirement). (c)  Within 48 hours, a written report regarding the suspected child abuse shall be submitted by the operator or designated staff person to the CPS unit which has responsibility for investigating the report. Relative—A child, stepchild, grandchild or foster child. Immediately preceding text appears at serial pages (302122) to (302123). (c)  Fire evacuation drills shall be conducted at least four times a year. The third copy of the report is retained at the facility in the child’s file. Pennsylvania Family Day Care … (a)  A staff person shall provide to agents of the Department immediate access to the facility and, upon request, to the children and the files and records. The provisions of this §  3290.124 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087). 2437. (b)  An inspection will be conducted during normal business hours except when there is reasonable cause to believe that inspections at other times are necessary to detect violations of applicable laws and regulations. The Bureau of Certification Services is responsible for the regulation of all child care centers, group day care homes and family day care homes in Pennsylvania. (e)  A facility person may not restrain a child by using bonds, ties or straps to restrict a child’s movement or by enclosing the child in a confined space, closet or locked room. 2437. (3)  The facility shall implement dismissal policies in accordance with the Department of Health regulation in 28 Pa. Code §  27.77 (relating to immunization requirements for children in child care group settings). 2469. Children of an operator or a staff person. (a)  Food stored, prepared or served shall be clean, wholesome, free from spoilage, free from adulteration and safe for human consumption. §  4581 (relating to restraint systems). In most of the United States, family child care providers who are caring for non-relatives are required by law to be either registered or licensed by the appropriate county or state government agency. An operator who observes an enrolled child with symptoms of a communicable disease or infection that can be transmitted directly or indirectly and may threaten the health of children in care shall exclude the child from attendance until receiving notification from a physician or CRNP that the child is no longer considered a threat to the health of others. The second copy of the report is retained at the facility in an accident file. (5)  Swimming and wading ratios shall be maintained as follows: (6)  When children are swimming, supervision shall include at least one person who has completed lifeguard training as described in §  3290.31(c)(4)(ii) (relating to age and training). 2437. Kinship Care and Relationships ... Child Care Works . § §  2000d—2000d-4a). The number of children in care may not exceed six children at any one time who are unrelated to the operator. The evacuation routes and evacuation plans to exit the building may be the same as those required by §  3290.94(f) and (g) (relating to fire drills). Over the past two years, OCDEL has released these changes as policy updates to align with the amended facility regulations. (b)  Questions relating to the requirements of the CPSL shall be directed to the appropriate regional child day care office. (3)  A copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. In Maryland, the State Department of Education (MSDE) is responsible for all child care licensing and regulation. Guide for family day care educators; Delivering a children's program in a family day care service; Staffing . 2469. Child care licensing regulations cover many topics, including the following: The number of children one adult can care for a time (child-staff ratio) and the number of children allowed in a class (group size) Supervision of children. The operator shall also provide to the parent of each enrolled child a letter explaining any subsequent update to the plan. We are now excited to announce that we’ve developed a revised set of child care licensing standard benchmarks, a scoring rubric and a shareable state snapshot resource, the 2020 Child Care Licensing Benchmark Project. (e)  Emergency contact information shall be updated in writing by the parent once in a 6-month period or as soon as there is a change in the information. The CII accessed via the links below and presented in the webinar is for use in conducting a renewal inspection at a Child Care Center. (a)  Cigarettes, pipes or cigars may not be smoked in indoor or outdoor child care space or food preparation areas when children are in care in the space or when food is being prepared. (a)  Play equipment and materials appropriate to the developmental needs, individual interests and ages of the children shall be provided in sufficient amount and variety to preclude long waits for use. 2001). Infants shall be placed in the sleeping position recommended by the American Academy of Pediatrics unless there is a medical reason an infant should not sleep in this position. The maximum number of children in a group is called the group size. (9)  A sanitizing solution shall be added to water in a wading pool. A child’s record must contain the following information: (1)  Initial and subsequent health reports. (a)  A facility must have a first-aid kit. Communicable disease—An illness due to an infectious agent or its toxic products which is transmitted directly or indirectly by the infected agent to a susceptible host. Immediately preceding text appears at serial pages (204683) to (204684). A first-aid kit, including the contents specified in §  3290.73 (relating to first-aid kit) shall be in the vehicle when children are being transported. Outdoor play space used by the facility is considered part of the facility premises. (3)  New clearances for the legal entity and for each individual 18 years of age or older who resides in the facility at least 30 days in a calendar year will be required by the Department if an application for renewal is received following expiration of the current certificate of registration. The provisions of this §  3290.123 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087). (4)  Grain group—whole grain and enriched products, such as breads, cereals, pastas, crackers and rice. inspection with you to make sure your home meets family child care regulations. (6)  Neither an infant nor a toddler is permitted to sleep with a bottle in his mouth. Children may not be left unattended in a vehicle. (b)  Meals and snacks may be provided by the parent, upon agreement between the parent and the operator. Child care centers typically have many staff members who are overseen by a director. Proposed changes to the subsidized child care eligibility regulations at 55 Pa. Code Chapter 3041 and can be viewed in the Nov. 14, 2020 edition of the PA Bulletin. (d)  A facility person may not use harsh, demeaning or abusive language in the presence of children. (b)  Bed linens may not be used alone as age-appropriate rest equipment. Cross References This section cited in 55 Pa. Code § 3270.241 (relating to requirements specific to school-age programs). Hot water pipes and other sources of heat exceeding 110° F that are accessible to children shall be equipped with protective guards or shall be insulated to prevent direct contact. (8)  A copy of the initial and subsequent written agreement between the parent and the operator. Transporting children in family day care; Child education. (3)  Fruits and vegetables—a wide variety of green, white, yellow, red vegetables and fruits. The provisions of this §  3290.24 adopted May 23, 2008, effective September 22, 2008, 38 Pa.B. 3270.55. Immediately preceding text appears at serial pages (262079) to (262080). This section cited in 55 Pa. Code §  3290.202 (relating to supervision). Private agency. The provisions of this §  3290.105 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. Volunteer—A person 16 years of age or older who is not included in the regulatory ratio. (b)  A first-aid kit shall be kept in a place inaccessible to children. No statutes or acts will be found at this website. (c)  The appropriate forms to establish compliance shall be included with the application for certificate of registration. The provisions of this §  3290.135 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. Immediately preceding text appears at serial pages (302124) to (302126) and (312283). Immediately preceding text appears at serial pages (204658) and (288013). (b)  A facility registered by the Department as of September 22, 2008, which has a play surface or play surface not in compliance with §  3920.102(e) has until September 22, 2010, to comply with §  3290.102(e). (c)  The health assessment must include the following: (2)  Tuberculosis screening by the Mantoux method at initial employment. Telephone numbers of the nearest hospital, police department, fire department, ambulance and poison control center shall be posted by each telephone in the facility. You can review the current regulations by clicking here. The provisions of this §  3290.133 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087). (b)  Training chairs may be used, if emptied and sanitized after each use. National Database of Child Care Regulations. (b)  Food that has been previously served to a person or returned from a table shall be discarded. Daycare provider appealed a Department decision to revoke her permit. Each regional child day care office is assigned responsibility for certain counties in Pennsylvania. (b)  The Department may deny issuance of a certificate of registration to an operator for one or more of the following reasons: (1)  Failure to certify compliance with the registration law or this chapter. This section cited in 55 Pa. Code §  3290.211 (relating to approval by the Department of Labor and Industry). The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: (2)  Acceptable training topics include the following: (ii)   Child development, early childhood education and special education. Get more information on Keystone STARS. (d)  Abrasive removal methods which include dry sanding, electrical sanding, sandblasting, open flame burning or a removal process that permits the release of leaded particulate material into the environment are prohibited. However, paid maternity or family leave is not one of these benefits. (a)  Eating and drinking utensils shall be free from cracks and chips. Resource Family Care Act. (a)  A facility person with a discharging or infected wound, sore, lesion on hands, arms or an exposed portion of the body shall be excluded from child care and food preparation activities until a physician or CRNP gives written notice that the person may return to child care or food preparation. The plan must accompany a staff person who leaves the facility on an excursion with children. Appeal—A written, signed and dated statement requesting reconsideration or modification of a Departmental decision that negatively affects the certificate of registration of the facility. (vii)   The initials of the staff person who administered the medication. (b)  A parent shall receive the original agreement. (2)  The person is convicted of a crime involving child abuse, child neglect, moral corruptness or physical violence. The information for the Pennsylvania Code included at this website has been derived directly from the Pennsylvania Code, the Commonwealth's official publication of rules and regulations.Cite all material in the Pennsylvania Code by title number and section number. Child care providers preparing to open should continue to consult guidance issued by the Centers for Disease Control and Prevention (CDC) for child care that remains open. Parent—The biological or adoptive mother or father or the legal guardian of the child. (b)  Ammunition shall be contained in a locked area separate from weapons and firearms. Following expiration of the 24-month period, a facility shall comply with the requirements of the Department of Labor and Industry, or its delegate agency, as described at §  3290.14. (a)  A safe and adequate supply of drinking water shall be made available to children of all ages throughout the day. A facility that has an unpublished telephone number shall make the number available to the parent, the release persons of the children in care, an agency that oversees or funds the facility and the appropriate regional office of the Department. Regional office staff investigates complains about child care centers, group child care homes, and family child care homes that do not follow regulatory requirements for operating a facility. The rest equipment must be labeled with the child’s name and used only by the named child while enrolled in the program. Competence is completion of basic instruction in water safety from a certified lifeguard. Facility—A family child day care home. (c)  The report shall include the following information: (1)  The name, address and telephone number of the facility. (iv)   The amount of medication administered. Last Update: 25 February 2019 In this section: Regulation and quality assessment. (b)  Diaper changing surfaces shall be cleaned after each use by wiping the surface with a sanitizing solution or by changing a pad or other surface covering. Facility person—A staff person, a substitute staff person or a volunteer. 2437. The provisions of this §  3290.122 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. Entities established after December 12, 2009 must obtain a license prior to providing home care services. (c) A legal entity seeking to operate a child day care facility as … A facility person or an individual seeking employment or placement who has an illness that is not transmitted by casual contact shall be permitted the right to continued employment, placement, employment opportunity or placement opportunity to the extent of his ability to perform the stated job function. (b)  Emergency contact information must include the following: (1)  The name and birth date of the child. The provisions of these § §  3290.201—3290.208 reserved May 23, 2008, effective September 22, 2008, 38 Pa.B. Revocation—The Department’s written retraction of a certificate of registration which occurs prior to expiration of the facility’s certificate of registration. (e)  Seasonal, appropriate covering, such as sheets or blankets, shall be provided as agreed between the parent and the operator. (8)  A facility person who is counted in the staff:child ratio shall annually complete water safety instruction. (d)  Cloth and paper materials used as diapering aids shall be stored in a manner that prevents cross-contamination from a soiled diaper, contaminated hands or other changing materials. (7)  The name and address of the place treatment was received. Daycare or Child Care Programs Pennsylvania’s Department of Human Services (DHS) regulates daycare and child care programs (family homes, group homes and child care centers) in Pennsylvania to make sure they meet minimum health and safety standards. (3)  The initial health report for an older toddler or preschool child must be dated no more than 1 year prior to the first day of attendance at the facility. Applicant—A legal entity who makes a written request to operate a registered family child day care home. The provisions of this §  3290.133 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. (c)  Manufacturer’s instructions for use of safety restraints shall be kept in the vehicle at all times. (ii)   A minimum of 200 clock hours of supervised training in a child day care facility. (3)  In response to a complaint on an unannounced basis. The provisions of this §  3290.68 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087). Toxics shall be kept in a locked area or in an area inaccessible to children. (a)  Peeled or damaged paint or damaged plaster is not permitted on indoor or outdoor surfaces in the child care space. (2)  A child in the care of the facility is left behind on a facility excursion. (c)  A facility’s operator may appeal a Departmental decision relating to the status of the facility’s certificate of registration. (4)  A staff person shall be physically present with a child who is wading or swimming. (6)  A parent shall provide written consent for administration. Child care programs must meet state health and safety regulations. (n)  An operator whose facility’s certificate of registration is current as of September 22, 2008, will not be required to certify compliance with this chapter until renewal of the certificate of registration or until the Department inspects in response to an alleged regulatory violation, whichever occurs first. The equipment must be anchored firmly and be in good repair. (c)  Food may not be withheld from children for purposes of discipline. A visual strip or other visual identification shall be placed on glass located in a traffic area or a child care space. (b)  Evacuation plans shall provide for removal of persons from the facility in a single trip. Throughout September, DHS is conducting a fire safety initiative call … Centers are larger and care for more children than family child care providers. A volunteer shall be directly supervised at all times by a staff person. The medical reason shall be documented in a statement signed by a physician, physician’s assistant or CRNP and placed in the child’s record at the facility. The provisions of this §  3290.131a adopted March 28, 1997, effective March 29, 1997, 27 Pa.B. The operator shall discuss the general menu plan with the parent so that the daily nutritional needs of the child can be met. (b)  A staff person shall accompany the child to a source of emergency care and shall remain with the child until the parent or a person designated by the parent assumes responsibility for the child’s care. Subsequent tuberculosis screening is not required unless directed by a physician, CRNP, the Department of Health or a local health department. A log must include the following minimum information: (ii)   The name of the child receiving the medication. Legally exempt or license-exempt homes. (3)  A list of the child’s current medication and the reason for the medication. Head Start programs are regulated by the federal government; preschool or pre-kindergarten programs can be regulated by either the Department of Human Services, registered with the Department of Education, or regulated by the organization that runs them. The provisions of this §  3290.22 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087). 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