DCMR 29 PUBLIC WELFARE CHAPTER 3 (4/27/2007)
DISTRICT OF COLUMBIA DEPARTMENT OF HEALTH
DISTRICT OF COLUMBIA DEPARTMENT OF HUMAN SERVICES
The Directors of the Department of Health and the Department of Human Services, pursuant to the authority set forth in section 7 of the Child Development Facilities Regulation Act of 1998 (hereinafter "the Act"), effective April 13, 1999, D.C. Law 12-215, D.C. Official Code § 7-2036, and in accordance with Mayor's Order 2000-124, dated August 3, 2000, hereby give notice of their adoption of the following new Chapter 3 of Title 29 of the District of Columbia Municipal Regulations, governing the licensure and operating standards for child development facilities.
The purposes of this rulemaking are to protect the health, safety and well-being of children in licensed Child Development Facilities and to ensure the provision of developmentally appropriate programs to those children. These rules were developed by a community task force under the auspices of the Department of Human Services, and were then refined by the Department of Health. They were previously published as proposed rules on January 14, 2005, at 52 DCR 326, on October 6, 2006, at 53 DCR 8012, and on March 9, 2007, at 54 DCR 2155. In response to the first two publications, meritorious comments were received, whereupon the Department of Health, with the assistance of the Department of Human Services, engaged in successive periods of consultation and collaboration with stakeholders, and made amendments and revisions as suggested. In response to the third publication, no additional comments were received.
In accordance with section 20 of the Act, D.C. Official Code § 7-2049, the previously existing Chapter 3 of Title 29 of the District of Columbia Municipal Regulations (DCMR) is repealed and replaced by this rulemaking. Title 29 of the DCMR is hereby amended by substituting the following new Chapter 3:
300.1 This Chapter is promulgated pursuant to the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215, D.C. Official Code §§ 7-2031 et seq.) (hereinafter "the Act").
300.2 The purpose of this Chapter is to protect the health, safety and well-being of children in licensed Child Development Facilities and to ensure the provision of developmentally appropriate programs to those children.
300.3 Unless specifically exempted, the provisions of the Act and of this Chapter shall apply to every Caregiver and Child Development Facility, regardless of the name by which the Facility is designated.
300.4 A listing of licensed Facilities shall be maintained by the Department of Health and shall be made available to the public upon request.
300.5 Except as otherwise specified herein, each Child Development Facility that is licensed on the effective date of these rules shall have a period of one (1) year from the effective date of these rules to comply with any requirement contained within this Chapter.
301.1 The provisions of this Chapter shall not apply to the following:
(a) Occasional babysitting in a babysitter's home for the children of one family;
(b) Informal parent-supervised neighborhood play groups;
(c) Care provided in places of worship during religious services;
(d) Care by a related person, as defined in section 399 of this Chapter; and
(e) Facilities operated by the federal government on federal government property; except that a private entity utilizing space in or on federal government property is not exempt unless federal law specifically exempts the Facility from District of Columbia regulatory authority.
302.4 Each license shall state: the name of the Facility; the license number and type; the address of the Facility; the name of the program; the license capacity for each age category of children; and the limitations, if any, on services authorized. Each Facility is required to comply with the provisions stated on its license unless otherwise authorized under this Chapter.
303.1 The Director and any other duly authorized official of the Department of Health, or of another agency of the District of Columbia having jurisdiction over, or responsibilities pertaining to, Child Development Facilities, after presenting official credentials of identification and authority issued by the District of Columbia, shall have the right, either with or without prior notice, to enter upon and into the premises of any Child Development Facility licensed under this Chapter, or for which an application for license has been made, in order to determine compliance with the Act and with this Chapter, and/or to facilitate verification of information submitted on or in connection with an application for licensure pursuant to provisions of the Act or of this Chapter. The conduct of the authorized official shall be such that entry and inspection shall take place with the least possible disruption to the child development program.
303.2 The right of entry and inspection shall also extend to any premises that the Director, or other duly authorized official of an agency of the District of Columbia having jurisdiction over, or responsibilities pertaining to, Child Development Facilities, has reason to believe are being operated or maintained as a Child Development Facility without a valid license, provided that no entry or inspection of any unlicensed premises shall be made without the permission of the individual in charge of the premises or unless a warrant is first obtained from the D.C. Superior Court, pursuant to D.C. Official Code § 11-941, authorizing the entry or inspection for the purpose of determining compliance with the Act or with this Chapter.
303.3 The Director is authorized to utilize subpoena power pursuant to D.C. Official Code §§ 1-301.21 and 7-2036 to supervise, inspect, and investigate Child Development Facilities in order to determine compliance with the provisions of the Act or of this Chapter.
303.4 Authorized District of Columbia officials shall have access to all records of the Facility, including but not limited to: child, staff and administrative records; financial, tax and inspection records; policies and procedures; and any other information or documentation necessary to determine the Facility's compliance with applicable federal and District of Columbia laws and regulations.
304.1 Before applying for a license, each Child Development Facility shall secure a Certificate of Occupancy or Home Occupation Permit for the premises, or equivalent proof that the premises comply with all applicable federal and District of Columbia fire, safety, building, and zoning regulations and codes. The Certificate, Permit, or other proof shall include certification that the premises are fit and suitable for the operation of a Child Development Facility.
304.2 A new or revised Certificate of Occupancy, Home Occupation permit, or equivalent proof as noted in subsection 304.1 shall be required:
(a) Upon initial application for a license;
(b) At the time of any major modification or alteration of any existing premises or structure used by the Facility, but prior to the continued use of the modified or altered portions of the premises or structure for child development purposes; and
(c) Prior to the use of any portion of the premises or structure that was not previously inspected and approved for use as a Child Development Facility.
304.3 In the case of a Facility providing out-of-school-time care only, located in a District of Columbia government building exempt from Certificate of Occupancy requirements, the requirements of this section may be met by providing, in lieu of the Certificate of Occupancy, a Building Use Agreement executed by the Facility and the District of Columbia government agency with responsibility for that building, including a certification from said government agency that it assumes responsibility for the maintenance and safety of the premises in which the Facility is located.
305.1 Each Child Development Center shall undergo a fire safety inspection and shall obtain certification that the premises conform to all applicable fire safety and related codes, from the Department of Fire and Emergency Medical Services or from the Department of Consumer and Regulatory Affairs, under the following circumstances:
(a) Upon initial application for a license;
(b) Upon each annual application for license renewal;
(c) At the time of any major modification or alteration of the existing premises or structure used by the Facility, but prior to the continued use of modified or altered portions of the premises or structure for child development purposes; and
(d) Prior to the use of any portion of the premises or structure not previously inspected and certified as conforming to the applicable fire safety and related codes for use as a Child Development Facility.
305.2 Each Child Development Home shall undergo a fire safety inspection and shall obtain certification that the premises conform to all applicable fire safety and related codes, from the Department of Fire and Emergency Medical Services or from the Department of Consumer and Regulatory Affairs, under the following circumstances:
(a) Upon initial application for a license;
(b) At the time of any major modification or alteration of the existing premises or structure used by the Facility, but prior to the continued use of modified or altered portions of the premises or structure for child development purposes; and
(c) Prior to the use of any portion of the premises or structure not previously inspected and certified as conforming to the applicable fire safety and related codes for use as a Child Development Facility.
306.1 Each applicant, or person(s) designated by the applicant to represent the proposed Facility, shall attend an orientation program sponsored by the Director.
306.2 Each application, accompanied by the appropriate fee(s), if any, shall be submitted on a form approved by the Director at least ninety (90) days prior to the date of proposed initiation of operations.
306.3 Each application shall contain the following:
(a) Certificate of Occupancy, Home Occupation Permit, or other proof pursuant to subsection 304.1;
(b) The name(s) and address(es) of the person or persons making the application; or, in the case of a corporation or association, the tax identification number of the entity and the names and addresses of at least three primary officers, directors, or partners;
(c) The name and address of the individual designated by the applicant to be the Caregiver or Center Director of the Facility;
(d) The qualifications of the individual designated by the applicant to be the Caregiver or Center Director of the Facility, as described in sections 332 and 352 of this Chapter;
(e) Proof that the applicant, or in the case of an entity, all principal owners or operators thereof, and that the person designated by the applicant to be the Caregiver or Center Director of the Facility, have undergone the required background checks and obtained the required clearances pursuant to section 328 of this Chapter;
(f) The address of the premises to be used as the licensed Facility, plus a description of all structures and facilities making up the premises;
(g) The name by which the Facility will be known;
(h) The name(s) and address(es) of the owner(s) of the building(s) that will house the Facility;
(i) The proposed capacity, hours of operation, ages of children served and services to be provided;
(j) A program statement, which shall include the following:
(1) A description of the educational and developmental philosophy to be followed at the Facility;
(2) A description of the curriculum to be implemented;
(3) A description of the policy regarding discipline, including the policy regarding withdrawal and termination of children for disciplinary reasons;
(4) A typical daily schedule of activities for each age group of children to be served;
(5) A statement describing the provision of meals and snacks;
(6) A general contingency plan for emergencies; and
(7) Proof of compliance with the Clean Hands Before Receiving a License or Permit Act of 1996, effective May 11, 1996 (D.C. Law 11-118, D.C. Official Code §§ 47-2861 et seq.);
(k) Certification that the Facility is free of lead-based paint hazards;
(l) Proof of liability insurance, with additional coverage if the Facility provides transportation services to the enrolled children; and
(m) Such other reasonable information that the Director may require in order to determine whether the applicant is qualified to operate a Child Development Facility that conforms to the provisions of the Act and of this Chapter.
307.1 License fees for Child Development Facilities shall vary in accordance with the Facility's license capacity.
307.2 Each applicant for a license to operate a Child Development Center shall pay an initial application/pre-licensure inspection fee, in the amount of $75.00.
307.3 The initial license fee, annual renewal license fee, and license replacement fee for each Child Development Facility shall be as follows:
(a) Child Development Homes $ 75.00
(b) Child Development Centers, 1 - 50 Children $200.00
(c) Child Development Centers, 51 - 100 Children $300.00
(d) Child Development Centers, 101 - 175 Children $400.00
(e) Child Development Centers, Over 175 Children $500.00
(f) Replacement of License (all facilities) $ 25.00
307.4 Facilities operated by the District of Columbia Government shall not be required to pay a fee.
307.5 The Director may make reasonable adjustment to license fees, as appropriate; a new fee schedule shall be published by the Director at least thirty (30) days before any new fee is implemented.
307.6 A fee shall be paid whenever there is a required amendment to a license, including a change of ownership or a change of address.
307.7 A fee payment submitted with an application shall not be transferred to any other application.
307.8 Fee payment is non-refundable.
307.9 A late fee, in the amount of $25.00 for Child Development Homes and $50.00 for Child Development Centers, shall be imposed if a license renewal application is not timely filed as specified in subsection 308.1 of this Chapter.
308.1 Application for renewal of a Child Development Facility license shall be submitted on a form provided by the Director, with the appropriate documentation and fee, no later than ninety (90) days prior to the expiration date of the existing license.
308.2 When a licensee makes timely and complete application for license renewal, the existing license shall remain in effect until the Director makes a determination whether the license will be renewed.
308.3 The Director shall issue a license renewal for a period not to exceed one (1) year, when a Facility is in substantial compliance with the Act and with this Chapter.
308.4 The Director shall issue the renewal license no later than ten (10) business days after the Director determines that substantial compliance has been achieved.
309.1 Upon receipt of a complete application for an initial license or a license renewal, and prior to the issuance of the license, the Director may conduct an on-site inspection to determine compliance with the Act and with this Chapter.
309.2 In the case of an initial license or a license renewal, if the Director determines that a Facility does not comply with the Act or with this Chapter, the Director shall provide a written statement of deficiencies to the applicant no later than five (5) business days from the conclusion of the inspection or other determination.
309.3 In the case of an initial license, an applicant Facility shall have no less than forty-five (45) days after receipt of the statement of deficiencies within which to achieve compliance before adverse action may be taken on the application.
309.4 In the case of an initial license wherein the applicant has been given a statement of deficiencies, the Director shall conduct a follow-up inspection to determine compliance within ten (10) business days following the forty-five (45) day correction period, or within ten (10) business days after earlier notification from the Facility that compliance has been achieved.
309.5 In the case of a license renewal, the Director shall include in the statement of deficiencies a recommended plan of correction, including the designation of a time within which each cited deficiency must be corrected.
309.6 In the case of a license renewal wherein the Facility has been given a statement of deficiencies, the Director may conduct one or more additional on-site inspections, as needed, to verify compliance before a renewal license is issued. With respect to each cited deficiency, the on-site inspection shall take place after the completion of the recommended compliance period contained in the statement of deficiencies, as provided by this section.
310.1 The Director shall determine limitations on the license capacity using the following criteria:
(a) Occupancy limits established by the Department of Consumer and Regulatory Affairs and/or by the Department of Fire and Emergency Medical Services;
(b) Program space requirements, as provided in sections 340, 341, 342, 350, 353 and 355 of this Chapter;
(c) Lavatory requirements, as provided in section 361 of this Chapter; and
(d) Maximum adult/child ratios and group size requirements, as established in section 343 of this Chapter.
310.2 Any Facility desiring a change in its license capacity shall submit a written request to the Director, accompanied by written documentation verifying that the Facility can maintain compliance with the requirements of this Chapter if the change is granted.
311.1 The Director may grant a variance from compliance with one or more physical or structural requirements of this Chapter if the Director determines that compliance with the requirement(s) would result in exceptional or undue hardship.
311.2 A Facility may apply for a variance by submitting a written request to the Director setting forth the following:
(a) The specific requirement(s) from which the Facility seeks relief;
(b) The exceptional or undue hardship that would result from compliance with the requirement(s);
(c) The extent to which the Facility seeks to be exempt from the requirement(s); and
(d) The Facility's proffer as to why granting the variance would not jeopardize the health, safety or welfare of any person and would be consistent with the intent of the Act and of this Chapter.
311.3 The Director shall respond to a request for a variance, in writing, within thirty (30) days of receipt of the request.
311.4 If a variance is granted, it shall be set forth in writing by the Director.
311.5 Any variance obtained by a Facility shall be posted in the Facility in the vicinity of the posted license.
311.6 Noncompliance with the terms of a variance may invalidate the variance and may be the basis of additional enforcement action.
312.1 Upon receipt of a complaint alleging violation(s) of the provisions of the Act or this Chapter, the Director may conduct an on-site investigation, announced or unannounced, to determine the validity of the complaint.
312.2 The Director shall investigate an allegation of activity that is life-threatening or imminently dangerous within (24) twenty-four hours of receipt of the complaint.
312.3 The Director shall investigate complaints that do not allege life-threatening or imminently dangerous activity no later than thirty (30) days after receipt of the complaint.
312.4 Upon completion of a complaint investigation, the Director shall provide a written statement to the Facility no later than ten (10) business days after the conclusion of the investigation. The statement shall include the specific provision(s) of law or regulation alleged in the complaint to have been violated, as well as whether the Facility was found to be in compliance. If the Facility is found not to be in compliance with one or more provisions, the Director shall provide the Facility with a written statement of deficiencies.
312.5 If a Facility is provided with a statement of deficiencies as a result of a complaint investigation, the Director shall include in the statement of deficiencies a recommended plan of correction, including the designation of a time within which each cited deficiency must be corrected.
312.6 If a Facility is provided with a statement of deficiencies as a result of a complaint investigation, the Director may conduct one or more additional on-site inspections, as needed, to verify compliance. With respect to each cited deficiency, the on-site inspection shall take place after the completion of the recommended compliance period contained in the statement of deficiencies.
313.1 The Director may deny, refuse to renew, revoke, or suspend a license on the basis of any of the following:
(a) Failure to comply with the Act or with this Chapter;
(b) Providing false or misleading information in an application for an initial license or for a license renewal;
(c) Failure to allow entry to authorized officials to conduct an inspection or investigation, or to otherwise determine whether the applicant or licensee is in substantial compliance with the Act or with this Chapter;
(d) Employing any method of discipline prohibited by this Chapter;
(e) A determination that an applicant or licensee has been convicted of, or has admitted to committing, either in the District of Columbia or in another jurisdiction, any criminal offense which constitutes a bar to employment in an agency or entity that provides direct services to children and youth, or as a result of which a duly authorized District of Columbia Government official has determined that the applicant or licensee poses a danger to children or youth, as provided in the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353, D.C. Official Code §§ 4-1501.01 et seq.) or in subsequent amendments thereto, or in rules promulgated pursuant to that law, or as provided in any superseding District of Columbia or federal law, which offenses may include the following at the felony level unless otherwise indicated:
(1) Murder, attempted murder, manslaughter, or arson;
(2) Assault, assault with a dangerous weapon, mayhem, malicious disfigurement, or threats to do bodily harm;
(6) Illegal use or possession of a firearm;
(7) Sexual offenses at the felony or misdemeanor level, including indecent exposure; promoting, procuring, compelling, soliciting, or engaging in prostitution; corrupting minors (sexual relations with children); molesting; voyeurism; committing sex acts in public; incest; rape; sexual assault; sexual battery; or sexual abuse; but excluding sodomy between consenting adults;
(8) Child abuse or cruelty to children; or
(9) Unlawful distribution or possession of, or possession with intent to distribute, a controlled substance;
(f) A determination that any employee or volunteer who is reasonably expected to come into contact with one or more children has been convicted of, or has admitted to committing, any criminal offense which constitutes a bar to employment or as a result of which the person has been determined to pose a danger, as more fully described above at subsection 313.1(e);
(g) In the case of a Child Development Home, a determination that any person living in the home that houses the Facility has been convicted of, or has admitted to committing, any criminal offense which constitutes a bar to employment or as a result of which the person has been determined to pose a danger, as more fully described above at subsection 313.1(e); or
(h) A determination that an applicant or licensee, or any employee or volunteer who is reasonably expected to come into contact with one or more children, has admitted to or has been found to have abused or neglected a child in the District of Columbia or in any other jurisdiction.
313.2 A license suspension, other than a summary suspension, may be for a period not to exceed sixty (60) calendar days.
313.3 At or before the end of the suspension period, the Director shall either reinstate the license or initiate procedures for the revocation of the license.
313.4 Procedures for revocations, suspensions and denials of licenses shall be in accordance with sections 314, 317 and 318 of this Chapter.
314.1 The Director may summarily and immediately suspend a license, for a period of not more than forty-five (45) calendar days, upon finding that the health, safety, or welfare of children, adults, or of the general public is in immediate danger.
314.2 A summary suspension of a license is effective upon the delivery to the Facility of a Notice of Summary Suspension, which Notice shall be hand-delivered to the licensee, or to an adult employee or family member of the licensee, at the licensed premises.
314.3 The Notice of Summary suspension shall state that the Facility may request an expedited hearing within five (5) business days of receipt of the Notice. The notice shall also comply with section 317 of this Chapter.
314.4 When a Facility's license is summarily suspended, the Director shall immediately repossess the license, and the Facility shall immediately cease providing child care.
314.5 When a Facility's license is summarily suspended, the Facility shall be responsible for providing parents with written notification of the suspension and for informing them of the need to make alternative child care arrangements. The Facility shall also provide the Director with a copy of the written notification.
314.6 Upon a timely request for an expedited hearing pursuant to this section, the Office of Administrative Hearings shall conduct the hearing within five (5) business days of the request, and the Office of Administrative Hearings shall issue a decision within five (5) business days after the hearing record is closed.
314.7 Upon completion of a hearing conducted pursuant to this section and closure of the hearing record, the Office of Administrative Hearings shall determine either that the summary suspension was warranted, in which case the suspension shall continue for a period not to exceed forty-five (45) days from the date of the decision, or that the summary suspension was unwarranted, in which case the suspension shall immediately cease and the license shall be immediately returned to the Facility.
314.8 At or before the end of the suspension period, the Director shall either reinstate the license or initiate procedures for the revocation of the license.
314.9 A license that has been summarily suspended may be reinstated before the end of the suspension period if the Director determines that the Facility is in substantial compliance with the Act and with this Chapter.
315.1 As an alternative to denial, suspension or revocation of a license, when a Facility has one or more deficiencies that jeopardize the health, safety or welfare of children, staff or the general public, the Director may:
(a) Issue a provisional license if the Facility is taking appropriate ameliorative action in accordance with a timetable established by the Director; or
(b) Issue a restricted license that prohibits the Facility from accepting new children or from delivering certain specified services that it would otherwise be authorized to deliver.
315.2 A provisional license may be issued to a new Facility in order to afford the Director sufficient time and evidence to evaluate whether a new Facility is capable of complying with the provisions of the Act, this Chapter, or any other applicable federal or District of Columbia law.
315.3 A provisional license may be granted for a period not to exceed ninety (90) days, and may be renewed no more than once.
315.4 The issuance of provisional and restricted licenses may be:
(a) Summary actions implemented in accordance with procedures set out in section 314 of this Chapter; or
(b) Non-summary enforcement actions implemented in accordance with procedures set out in sections 317 and 318 of this Chapter.
316.1 If the Director determines that a Facility, an entity, or a person has violated any provision of the Act or of this Chapter, and that the violation presents an imminent danger to children, adults, or to the general public, the Director may issue a written Order directing the Facility, entity or person to cease and desist from the violation.
316.2 The written Order to cease and desist shall be delivered in accordance with the procedures set forth in section 317 of this Chapter. The Order shall state that the Facility, entity or person may request an expedited hearing within five (5) business days of receipt of the Order. If no request for a hearing is made, the Order shall be final.
316.3 Upon a timely request for an expedited hearing pursuant to this section, the Office of Administrative Hearings shall conduct the hearing within five (5) business days of the request, and the Office of Administrative Hearings shall issue a decision within five (5) business days after the hearing record is closed.
316.4 Upon completion of a hearing conducted pursuant to this section and closure of the hearing record, the Office of Administrative Hearings shall determine whether the Order to cease and desist was warranted, and shall issue an Order to that effect.
317.1 A Notice shall be provided by the Director to the Facility or applicant before the Director may take any of the following enforcement actions:
(a) Denial of issuance of a license;
(b) Denial of renewal of a license;
(d) Revocation of a license; or
(e) Issuance of a provisional or restricted license.
317.2 A Notice required by this section may be served personally, or by certified mail, return receipt requested, directed to the applicant or Facility at the last known address as shown in the Department's records, or at the address of the Facility premises.
317.3 A copy of the Notice shall be delivered to the Office of Administrative Hearings within one day of service of the Notice.
317.4 A Notice served personally is deemed served when it is delivered to the applicant or licensee, or to an adult employee or family member of the applicant or licensee, at the licensed premises or at the last known address.
317.5 A Notice served by certified mail is deemed served on the date written or stamped upon the return receipt, indicating delivery of the Notice to the applicant or licensee or refusal of the applicant or licensee to accept delivery of the Notice.
317.6 In the event that the applicant or licensee is not found at the address of the Facility nor at the last known address as shown in the records of the Department, and no forwarding address is available, the Notice shall be deemed served on the date that the return receipt bearing such notification is returned to the Director.
317.7 A Notice of a proposed enforcement action shall include the following:
(a) The nature of the proposed enforcement action;
(b) The effective date of the proposed action;
(c) A description of, and citation for, each violation alleged;
(d) In the case of a license suspension, the time period of the proposed suspension;
(e) A statement informing the applicant or Facility that it may make a request for a hearing by submitting a written request to the Office of Administrative Hearings within ten (10) days of receipt of the Notice, or, in a matter in which a different time period is prescribed by law, within the applicable time period;
(f) A statement informing the applicant or Facility that the proposed action may become final without a hearing if the applicant or Facility fails to request a hearing within the time and in the manner specified; and
(g) In the case of a license suspension, revocation, or conversion, a statement informing the Facility that it will be required to surrender its license upon final action to suspend, revoke, or convert the license to provisional or restricted status.
318.1 Hearings shall be conducted by the Office of Administrative Hearings in accordance with this Chapter and pursuant to rules and procedures established by that Office.
318.2 Parties may participate in settlement negotiations prior to a hearing, and may enter into a negotiated settlement agreement or consent decree in lieu of a hearing.
318.3 In each matter in which a hearing is requested, the Office of Administrative Hearings shall maintain an official record, and shall render its final decision in writing to all parties, accompanied by findings of fact and conclusions of law.
318.4 Each hearing shall be conducted in accordance with the requirements of section 10 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Official Code § 2-509), unless otherwise provided in this Chapter or in rules established by the Office of Administrative Hearings.
319.1 Any person aggrieved by a final decision of the Director or of the Office of Administrative Hearings may appeal the decision to the District of Columbia Court of Appeals pursuant to section 11 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1209; D.C. Official Code § 2-510).
320.1 Civil fines and penalties may be imposed for any violation of the Act or of this Chapter, pursuant to the District of Columbia Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42, D.C. Official Code §§ 2-1801.01 et seq.) (hereinafter "Civil Infractions Act"). Adjudication of all charged infractions shall be conducted pursuant to Titles I through III of the Civil Infractions Act. Hearings shall be conducted in accordance with section 318 of this Chapter.
320.2 Any violation of the Act may result in criminal prosecution, whereupon the violator shall, upon conviction, be subject to imprisonment not to exceed six (6) months, or a fine not to exceed $300.00, or both. Each unlawful act shall constitute a separate violation of this Chapter. Prosecutions shall be brought by the Attorney General for the District of Columbia in the Superior Court of the District of Columbia.
320.3 Any person who has been previously convicted of an offense in violation of the Act shall, upon a subsequent conviction for the same offense, be subject to imprisonment not to exceed one (1) year, or a fine not to exceed $5,000.00, or both.
320.4 In any prosecution conducted for violation of the Act, a Child Development Facility claiming an exemption from a licensing requirement shall have the burden of proving entitlement to the exemption.
320.5 The Attorney General may bring a civil action in the Superior Court of the District of Columbia to enjoin any violation of the Act.
321.1 Each Facility shall inform the Director, in writing, of any of the following planned changes in operation no less than ten (10) days before implementation of the change(s):
(b) Change in location, name and/or telephone number of the Facility;
(c) Renovation or alteration of the premises that substantially changes the indoor or outdoor space of the Facility;
(d) In the case of a Child Development Home, the inclusion of an additional member in the household, including the new member's criminal history, if any;
(e) In the case of a Child Development Home, a change in primary Caregiver(s);
(f) In the case of a Child Development Center, a change in Center Director; or
(g) A significant change in the operation of the program, including, but not limited to, hours of operation, services provided, and capacity load.
321.2 If a Facility undergoes any of the changes in operation listed in subsection 321.1 without the change being planned in advance, the Facility shall notify the Director immediately.
321.3 Upon notification of the proposed change(s), the Director may inspect the Facility to evaluate the impact of the change(s) on the provision of child development services.
321.4 The Director shall issue an amended license, consistent with the approved change(s), as required by and subject to the provisions of this Chapter.
322.1 Each Facility shall immediately report, to the Director, to the Department of Human Services for those providers that participate in the Child Care Subsidy Program, and to the parent(s)/guardian(s) of each affected child, any unusual incident that may adversely affect the health, safety or well-being of any child or children in the Facility. Unusual incidents include, but are not limited to, the following:
(a) Death of a person occurring within the Facility;
(b) Injury to, or illness of, any child that occurs during the hours the child is enrolled in care and that requires hospitalization or emergency medical treatment;
(c) Damage to the Facility, or to any Facility vehicle or equipment, that interferes with the capability of the Facility to protect the health, safety and well-being of the children and adults in the Facility;
(d) The presence of any individual in the Facility who has, or is suspected of having, a communicable disease that must be reported to the District of Columbia Department of Health in accordance with Title 22 of the District of Columbia Municipal Regulations;
(e) The elopement of an enrolled child or any circumstances under which a child is deemed missing or unaccounted for;
(f) A traffic accident involving a vehicle owned, maintained, or contracted for by the Facility and in which children are being transported at the time of the accident; and
(g) Any other occurrence at the Facility that involves a response by police, fire, ambulance, or any other emergency service.
322.2 The Facility shall also submit to the Director, on a form approved by him or her, and to the Department of Human Services for those providers that participate in the Child Care Subsidy Program, a written report of the unusual incident, within twenty-four (24) hours of the incident.
322.3 In the case of a traffic accident or an incident involving actual or suspected criminal activity, the Facility shall also file a report with the appropriate law enforcement authorities.
322.4 Any Facility staff member who knows or has reasonable cause to suspect that an enrolled child is, has been, or is in immediate danger of being an abused or neglected child shall, as required by the District of Columbia Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22, D.C. Official Code §§ 4-1321.01 et seq.), make or cause to be made an immediate oral report to:
(a) The Child Protective Services Division of the Child and Family Services Agency, via the CFSA twenty-four (24) hour Child Abuse and Neglect Hotline (202-671-SAFE); or
(b) The Metropolitan Police Department.
322.5 The Facility staff member making an oral report pursuant to subsection 322.4 shall also make a written report if:
(a) A written report is requested by the Child and Family Services Agency or the Metropolitan Police Department;
(b) The case is one of abuse involving drug-related activity; or
(c) As otherwise required by law.
322.6 In the reports required by subsections 322.4 and 322.5, the staff member shall include:
(a) The name, age, sex and address of the child who is the subject of the report;
(b) That the child who is the subject of the report is enrolled at the Facility;
(c) The name, address and telephone number of the Facility;
(d) To the extent known, the name, age, and sex of each sibling or other child living in the same household;
(e) To the extent known, the name, age, and sex of each parent, guardian, or other caretaker of the child;
(f) The nature and extent of the abuse or neglect, and of any previous abuse or neglect, as known to the reporting staff member;
(g) Any other information which may be helpful in establishing the cause of the abuse or neglect and/or in establishing the identity of the person(s) responsible for it;
(h) The name, title or occupation, and contact information of the staff member making the report;
(i) Any actions taken by the staff member or the facility concerning the child in response to the situation; and
(j) Any other information required by law.
(a) Provide training to all staff regarding the Facility's policies and procedures relating to child abuse, neglect, and risk to a child's health or safety, including how to report suspected abuse, neglect, or risk to a child's health or safety;
(b) Require staff to immediately report, and to cooperate with officials investigating, alleged or actual child abuse or neglect, or alleged or actual risk to an enrolled child's health or safety;
(c) If any Facility staff member is identified as allegedly responsible for the alleged or actual child abuse or neglect, or alleged or actual risk to an enrolled child's health or safety, place that staff member on administrative leave or reassignment to duties involving no contact with children until the investigation conducted by authorized government officials is complete; and
(d) Ensure that staff may report incidents involving alleged or actual child abuse or neglect, or alleged or actual risk to an enrolled child's health or safety, without threat of discharge or other retaliation.
323.1 Each Facility shall maintain all required licenses and permits, and shall post in a conspicuous place the Certificate of Occupancy or Home Occupation Permit, all current fire, health and safety inspection approvals, and any variances received.
323.2 Each Facility shall maintain on the facility premises at all times, and shall make immediately available for review by any person upon request, the report(s) of each inspection of the Facility by the Director occurring within the preceding one (1) year period, including the statement(s) of deficiencies, if any, subject to the limitations contained in subsection 324.8 of this Chapter. If a period of more than one (1) year has passed since the most recent inspection of the Facility, the Facility shall maintain and make available the report of the most recent inspection.
323.3 Records of complaint investigations and fire and emergency evacuation drills shall be immediately accessible and available for inspection by government officials, and shall be made available for inspection by the public subject to the limitations contained in subsection 324.8 of this Chapter.
323.4 The Facility shall maintain a log of unusual incidents reported in accordance with section 322 of this Chapter.
323.5 The Facility shall maintain records documenting any adverse action the Facility takes against an employee, volunteer or household member related to any substantiated crimes against children. The adverse action shall be reported as an unusual incident in accordance with section 322 of this Chapter.
323.6 The Facility shall maintain service and repair records, in a single location on the licensed premises, for all motor vehicles that are owned or leased for purposes of transporting enrolled children. The Facility shall maintain each record for at least twelve (12) months after the date of the inspection or repair.
324.1 The Child Development Facility shall maintain a record for each enrolled child, and shall retain the record for three (3) years following the termination of that child's enrollment. All records required by this section shall be made available for inspection.
324.2 The Facility shall maintain current records and information on children, including:
(a) Roster of enrolled children by age group;
(b) Daily attendance records by names of children, including first name, last name and middle initial of each child;
(c) Daily menu plan for feeding the children indicating the foods actually served on a daily basis;
(d) Daily schedule of activities; and
(e) Health records on enrolled children pursuant to section 325 and as otherwise provided in this Chapter.
324.3 Each Facility shall maintain a register that shall include the following information for each child currently enrolled:
(e) Home address and telephone number;
(f) Full names of parents or guardians;
(g) Business addresses and telephone numbers of parents or guardians;
(h) Designation of individuals authorized to receive the child at the end of each session;
(i) Name and telephone number of individual to be contacted in emergencies when the parents or guardians are not available;
(j) Date and reasons for the child's withdrawal;
(k) Language(s) spoken in the child's home;
(l) Health information on each child as required by section 325 of this Chapter;
(m) Written authorization(s) for the administration of medication as required by section 377 of this Chapter, if applicable;
(n) For children in out-of-school-time care:
(1) The name of the school the child attends;
(2) The name and number of a contact person from that school; and
(3) If the child arrives at and leaves the Facility alone, the days and times at which the child should arrive and leave the Facility and the mode(s) of transportation that the child uses to travel to and from the Facility; and
(o) A record of the child's developmental progress.
324.4 The Facility shall have a current Emergency Medical Treatment Authorization form on file for each child, granting permission to the Facility to obtain medical treatment in case of an emergency that occurs while the child is in the care of the Facility. The form shall be approved by the Director and shall include:
(a) Signatures of the parent(s) or guardian(s);
(b) Information on the child's/family's health insurance coverage; and
(c) A list of the child's known illnesses and allergies; and
(d) In the event that any of this information changes, updated information and the date the updated information was added.
324.5 The Facility shall maintain on file a written, signed and dated statement from each child's parent(s) or guardian(s) authorizing the Facility to take the child on regularly scheduled trips from the Facility. The authorization shall include the child's name, and shall specify the mode of transportation, the frequency, and the destination of each such trip.
324.6 If the child is to be taken on a field trip that is not recorded as a routine trip, the Facility shall obtain a written authorization that includes the information required in subsection 324.5 in addition to the estimated time of departure and arrival.
324.7 Written permission shall be considered valid for all regularly scheduled trips as noted in the statement submitted pursuant to subsection 324.5 until withdrawn by the child's parent(s) or guardian(s).
324.8 The Facility shall not disclose information concerning an individual child or the child's parent(s) or guardian(s) to persons other than the Facility staff or government officials acting in the course of their duties, unless the parent(s) or guardian(s) grant written permission for the disclosure, or unless disclosure is necessary in an emergency situation.
324.9 The Facility shall inform the parent(s) or guardian(s) of all enrolled children, in writing, of the Facility's policy regarding disclosure of information.
325.1 Each child attending a Child Development Facility shall, upon enrollment and prior to admission, submit to the Facility, on forms approved by the Mayor, complete documentation of a comprehensive physical health examination, including age-appropriate screenings and up-to-date immunizations, and, for each child three (3) years of age or older, complete documentation of an oral health examination, each examination having been performed by a licensed health care professional within one (1) year prior to the date of admission.
325.2 Each child attending a Child Development Facility shall, at least annually, submit to the Facility, on forms approved by the Mayor, complete documentation of a comprehensive physical health examination, including age-appropriate screenings and up-to-date immunizations, and, for each child three (3) years of age or older, complete documentation of an oral health examination, each examination having been performed by a licensed health care professional within the preceding one (1) year period.
325.3 The Facility shall maintain, for each enrolled child, the initial and annual health record documentation required under subsections 325.1 and 325.2, including:
(a) The full name, gender, date of birth, and home address of the child;
(b) The dates of the physical and oral health examinations;
(c) The child's height and weight at the time of the physical health examination;
(d) Each licensed health care practitioner's clinical findings, concerns, and recommendations;
(e) The child's significant health history, including allergies, health conditions, communicable illness, and restrictions;
(f) Specific immunizations received by month, day and year;
(g) Results of tuberculosis exposure risk assessment, and of testing where indicated;
(h) Results of lead exposure risk assessment, and of testing in accordance with subsections 325.4 and 325.5;
(i) Identification of long-term medications and special health care requirements or accommodations; and
(j) The name, address, phone number and signature of the examining licensed health care practitioner.
325.4 In addition to the information otherwise required under this section, each child under six (6) years of age attending a Child Development Facility shall submit, and the Facility shall maintain, documentation of the following with respect to blood tests for lead poisoning:
(a) Proof that the child was tested between the ages of six (6) months and nine (9) months, and again between the ages of twenty-two (22) months and twenty-six (26) months; or
(b) Proof that, if the child was not tested before the age of twenty-six (26) months, the child was or will be tested two (2) times before the age of six (6) years, having been or intending to be tested at intervals at least twelve (12) months apart, or according to a schedule determined by the child's licensed health care practitioner; or
(c) Proof that lead testing for the child complies with any applicable Federal or District of Columbia law or rule that requires lead testing for children under the age of six (6) years.
325.5 Blood tests for lead poisoning shall be conducted, and results shall be disseminated and maintained, in accordance with the Childhood Lead Poisoning Screening and Reporting Act of 2002, effective October 1, 2002 (D.C. Law 14-190, D.C. Official Code §§ 7-1031 et seq.)
326.1 A child who exhibits one or more symptoms of illness identified in subsection 326.6 shall not attend the Facility.
326.2 When the Facility staff observes one or more symptoms of illness identified in subsection 326.6, the child's parent(s) or guardian(s) shall be notified immediately. The Facility shall require that the parent(s) or guardian(s) remove the child from the Facility.
326.3 The Facility shall isolate a child who becomes ill or is suspected of being ill. The child shall remain within sight and hearing of a staff member.
326.4 Facility staff shall carefully observe a child in isolation for the presence of, or change in, any symptoms identified in subsection 326.6.
326.5 Facility staff shall ensure that a child who is ill or suspected of being ill does not share any personal hygiene or grooming items.
326.6 Symptoms of illness requiring exclusion from the Facility include, but are not limited to, the following:
(a) Diarrhea, i.e., runny, watery or bloody stools;
(b) Vomiting two (2) or more times in a twenty-four (24) hour period;
(d) Sore throat with fever or swollen glands;
(e) Eye drainage with thick mucus or pus draining from the eye;
(f) Pink eye, i.e., colored drainage, eye pain and/or redness of the eye;
(h) Fever accompanied by rash, vomiting, diarrhea, earache, irritability or confusion;
(i) Continuous irritable crying that requires more attention than the Facility
can provide without compromising the health and safety of other children; or
(j) Any other symptom indicative of a reportable communicable disease, as such is defined in Chapter 2 of Title 22 of the District of Columbia Municipal Regulations or in any superseding document.
326.7 The Facility shall observe each child for the presence of symptoms that may indicate a medical problem, which problem may require exclusion from the Facility, isolation from other children, and/or consultation with the child's parent(s), guardian(s) or licensed health care practitioner(s). The following are examples of conditions that may indicate the existence of a medical problem:
(b) Lethargy or inability to walk;
(c) Respiratory problems, including: increased respiratory rate; retractions in the chest; excessive nasal flaring; audible persistent wheezing; persistent coughing, either productive or nonproductive; severe coughing causing redness or blueness in the face; or difficulty in breathing;
(d) Abdominal and urinary system problems including: intestinal parasites, dark urine, white spots in the stool, increased urgency or frequency of urination, or no urination for an entire day;
(e) Cardiac problems, including: choking, change in color of the skin, chest pain, or persistent sweating;
(f) Ear problems, including discharge from the ear and/or ear pain;
(g) Throat and mouth problems, including: sores on the lips or in the mouth, white patches in the mouth, throat pain, or a dental problem that needs immediate attention; and
(h) Injuries, including: persistent bleeding, oozing wounds, apparent fracture, complaint of persistent bone pain or stiffness, or difficulty with the movement of any extremity.
326.8 A child who exhibits one or more symptoms of illness identified in subsection 326.6, and who has been treated for said symptom(s) by a licensed health care practitioner, may be readmitted to the Facility only with written permission, and written instructions for continuing care if needed, from that licensed health care practitioner.
326.9 If a child exhibits mild symptoms of illness and/or discomfort, the Center Director or his/her designee, or the Caregiver, in consultation with the child's parent(s) or guardian(s), shall decide whether the child should be immediately discharged or discharged at the end of the day.
327.1 Each Facility shall maintain, on the Facility premises, the following information for each employee:
(a) The full name, gender, social security number, date of birth and home address;
(b) Position title and job description;
(c) Documentation and results of criminal and background history checks in accordance with this Chapter and with all other applicable federal and District of Columbia laws and rules;
(d) A copy of the employee's resume, required degrees, certificates, transcripts, and letters of reference;
(e) Verification of the employee's orientation to his/her duties and responsibilities and to the Facility's policies and procedures;
(f) An ongoing record of continuing education;
(g) First Aid and CPR Certification for children, as required;
(h) Date of appointment to, or withdrawal from, any position in the Facility;
(i) Reason for withdrawal from a position; and
(j) A copy of the employee's signature.
327.2 The Facility shall maintain a health record for each staff member, including paid employees and volunteers, which shall include the following:
(a) Results of a pre-employment physical examination of the staff member by a licensed health care practitioner, not more than twelve (12) months prior to the start of employment or volunteer work;
(b) Results of an annual physical examination of the staff member by a licensed health care practitioner;
(c) Written and signed documentation from the examining licensed health care practitioner that the staff member, at the time of his or her examination, was free from tuberculosis and apparent communicable disease;
(d) Written and signed documentation from the examining licensed health care practitioner that the staff member, if noted to have an identified medical problem, is capable of caring for children in a licensed Child Development Facility;
(e) Health insurance information, if applicable; and
(f) The names and phone numbers of the staff member's primary licensed health care practitioner and of an emergency contact person.
327.3 Each Child Development Home shall obtain and maintain documentation establishing that each person living in the home that houses the Facility has been, within the preceding one (1) year period, examined by a licensed health care professional and certified by that professional to be free of communicable disease.
328.1 The Child Development Facility shall inform every applicant for employment of the following requirements:
(a) The applicant must satisfactorily complete a criminal background check, as required by the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353, D.C. Official Code §§ 4-1501.01 et seq.), and subsequent amendments thereto, and according to the rules promulgated pursuant to that law, or as required by any superseding District of Columbia or federal law, and must also satisfactorily complete a child protection register check, before he or she can be unconditionally employed;
(b) Unless otherwise provided in rules promulgated pursuant to the Child and Youth, Safety and Health Omnibus Amendment Act or superseding law, the criminal background and child protection register checks must both be completed within the three (3) months preceding application;
(c) Unless otherwise provided in rules promulgated pursuant to the Child and Youth, Safety and Health Omnibus Amendment Act or superseding law, the applicant must provide the Facility with the certified results of the criminal background and child protection register checks, or, at the Facility's discretion, with all information that will enable the Facility to promptly obtain the results of the criminal background and child protection register checks of the applicant, including each state in which the applicant has resided or worked, the applicant's social security number, and all names the applicant has used;
(d) The applicant has the right to obtain copies of the criminal background and child protection register check reports and to challenge the accuracy and completeness of the reports;
(e) The Facility shall deny employment to any person who has been convicted of an offense, in the District of Columbia or in any other jurisdiction, which constitutes a bar to employment in an agency or entity that provides direct services to children and youth, or as a result of which a duly authorized District of Columbia Government official has determined that the person poses a danger to children or youth, as provided in the Child and Youth, Safety and Health Omnibus Amendment Act, or in subsequent amendments thereto, or in rules promulgated pursuant to that law, or as provided in any superseding District of Columbia or federal law, as more fully described in subsection 313.1(e) of this Chapter, and shall deny employment to any person who has been adjudicated as a child abuser or neglecter, or who has been determined, following a proceeding in which due process rights were afforded, by the applicable child protection agency or authority to have been a child abuser or neglecter, in the District of Columbia or in any other jurisdiction; and
(f) The Facility may deny employment to the applicant until the results of the criminal background and child protection register checks are final.
328.2 All records of criminal background checks and child protection register checks of applicants and employees shall be confidential.
328.3 The Facility shall require the applicant to provide the names of and contact information for at least three (3) references, who shall be unrelated to the applicant. The Facility shall check at least three (3) references for each applicant, and shall ascertain that the applicant is suitable for employment in a position of close interaction with children, prior to employment of the applicant.
328.4 The Facility shall maintain a record of the reference checks performed for each applicant. The record shall include either: a signed and dated letter of reference received by the Facility; or documentation of a reference check conducted by telephone, including the name of the Facility licensee, Caregiver, Center Director, or designee conducting the check, the name and telephone number of the reference, the date of the check, and written comments regarding the check.
328.5 The Facility may enter into a conditional employment agreement with an applicant pending the outcome of the criminal background and child protection register checks, provided that the applicant submits to the Facility a signed notarized statement affirming that he or she has not been convicted of any offense listed in section 313 of this Chapter nor has been placed on a child protection register, and that the reference checks indicate that the applicant is suitable for employment in a position of close interaction with children.
328.6 No Facility shall be subject to civil liability that, in good faith, relies on a criminal background check, a child protection register check, or a reference check to terminate, or to refuse to offer employment to, any individual.
328.7 Updated criminal background and child protection register checks shall be conducted as required by the Child and Youth, Safety and Health Omnibus Amendment Act or by superseding District of Columbia or federal law.
329.1 The Facility shall have a written policy describing the philosophy of discipline and the specific methods of discipline that the Facility uses. Discipline shall be constructive and developmentally appropriate, and shall include child guidance and management techniques using redirection, separation from the problem situation, talking with the child about the situation, and praise for appropriate behavior.
329.2 The methods of discipline described in the policies and procedures shall be utilized by all Facility staff, including employees and volunteers.
329.3 The following methods of discipline shall not be employed:
(a) Physical harm, including punching, pinching, shaking, spanking, biting, yanking and poking;
(c) Derogatory remarks and/or profane language;
(d) Confinement in a locked room or enclosed area;
(e) Forced feeding, or withholding of food, rest, toilet use or outdoor activities or play; and
(f) Physical and/or chemical restraints.
329.4 Separation, when used as discipline, shall be brief in duration and shall be appropriate to the child's age and developmental level and to the circumstances necessitating the discipline. Any child separated shall be placed in a safe, lighted, well-ventilated room, within the sight and hearing of an adult at all times.
329.5 Authority to discipline shall never be delegated to another child.
329.6 The parent or guardian of each child enrolled in the Facility shall receive a copy of the Facility's discipline policy.
330.1 The Facility shall develop and implement policies and procedures in the following areas:
(a) Admissions and enrollments, including policies related to children with disabilities, illness or other special needs;
(b) Ages of children accepted;
(c) Days, hours, and periods of operation;
(d) Type(s) of child care services provided;
(e) Provision of meals and snacks;
(f) Fees and payment plans, including fees for different types of services and/or specific services, and refund policy;
(g) Transportation arrangements;
(h) Provisions for children with special needs, including arrangements that must be made by parent(s) or guardian(s);
(i) Emergency evacuation and sheltering in place;
(k) Administration of medication;
(l) Reporting unusual incidents;
(m) Reporting and responding to reportable communicable diseases;
(o) Procedures regarding sanitation practices;
(p) Animals and pets in the Facility;
(r) Parents' and guardians' participation in and access to the Facility, including opportunities to communicate with teachers concerning their child's development, and information parents and guardians should share with the Facility regarding their child's health status;
(s) Periodic reporting of the child's progress to the parent(s) or guardian(s); and
(t) Any other policies or procedures that may be required by this Chapter.
331.1 In each Child Development Center, the program shall be managed by a Center Director. The Center Director shall be assisted by teachers, assistant teachers and aides, as further specified in this Chapter, in the case of a Center serving infants, toddlers, and preschoolers, and by group leaders and assistant group leaders, as further specified in this Chapter, in the case of a Center providing out-of-school-time care. In all Centers, the Center Director and staff may be assisted by volunteers if desired.
331.2 Each employee or volunteer shall be mentally and physically able to perform the duties assigned to him or her.
331.3 The Facility shall not permit a person with a reportable communicable
disease to be on duty in program space, or in common indoor or outdoor spaces utilized by the children, or to have contact with a child in care, without the written approval of a licensed health care practitioner.
331.4 Staff and visitors to the Facility shall not smoke or use tobacco products in program areas while children are in care, and tobacco products shall be kept out of the reach of children in care.
331.5 When children are in the care of the Facility, either on the premises or off-site, no staff member shall be under the influence of, or consume, alcoholic beverages or illegal drugs.
331.6 All paid staff employed in a licensed Child Development Center on the effective date of these rules shall have two (2) years from that date within which to meet the specific qualification requirements, as provided by this Chapter, for their positions, unless otherwise specifically stated.
332.1 The Center Director in a Child Development Center that serves one or more infants, toddlers, and/or preschoolers shall meet one of the following qualification requirements:
(a) A bachelor's or master's degree from an accredited college or university in early childhood education or early childhood development;
(b) A bachelor's degree or higher from an accredited college or university, at least fifteen (15) credit hours from an accredited college or university in early childhood education or early childhood development, and at least one (1) year supervised experience working with children in a licensed District of Columbia Child Development Center or its equivalent in another jurisdiction;
(c) An associate's degree from an accredited college or university in early childhood education or early childhood development, and at least three (3) years supervised experience working with children in a licensed District of Columbia Child Development Center or its equivalent in another jurisdiction;
(d) At least forty-eight (48) credit hours from an accredited college or university, at least fifteen (15) credit hours from an accredited college or university in early childhood education or early childhood development, and at least four (4) years supervised experience working with children in a licensed District of Columbia Child Development Center or its equivalent in another jurisdiction;
(e) A District of Columbia Director Credential as approved by the National Association for the Education of Young Children, or the equivalent Director Credential awarded by another jurisdiction, plus at least five (5) years supervised experience working with children in a licensed District of Columbia Child Development Center or its equivalent in another jurisdiction; or
(f) Employment as a qualified Center Director in a licensed Child Development Center in the District of Columbia on the effective date of these rules, provided that the Center Director achieves compliance with (a), (b), (c), (d), or (e) within no more than five (5) years following said date.
332.2 Any person who is employed as a qualified Center Director in a licensed Child Development Center in the District of Columbia on the effective date of these rules, and who has been so employed continuously since July 1, 1975, or earlier, may apply to the Director of the Department of Health for a waiver of one or more of the qualification requirements contained within this section.
332.3 For the purposes of this section, early childhood development or early childhood education includes the following subject areas:
(a) Growth and development of infants, toddlers, and/or children;
(b) Care and education of children with special needs and/or exceptionality;
(c) Health and physical education of infants, toddlers, and/or children;
(e) Language development and/or early literacy;
(h) Child, adolescent, educational and/or abnormal psychology;
(m) Curriculum programs and activities for infants, toddlers, and/or children;
(n) Educational evaluation and measurement;
(o) Early Childhood Development or Youth Development administration;
(q) Any other area as determined by the Director.
332.4 Each Center Director shall successfully complete, prior to or within one (1) year of employment as a Center Director, a total of no less than twelve (12) hours of training, from an accredited college or university or from another source approved by the District of Columbia government, in the following subject areas:
(b) Management and administration;
(d) Planning, development, and evaluation of child development programs;
(e) Curriculum of child development programs; and
(f) Evaluation and measurement of children.
332.5 Each Center Director shall attend, upon the request of the Department of Health, periodic regulatory compliance review sessions presented by or under the auspices of the Department.
333.1 The Center Director shall be physically present in the Facility at least one-half (1/2) of the time during the Center's hours of operation. No less than one-half (1/2) of that time shall be during peak hours of operation.
333.2 The Center Director shall be responsible for the supervision, program planning and administration of the Child Development Center and its staff, consistent with the written operational policies and philosophy, and shall assume the following responsibilities:
(a) Ensuring compliance with the requirements of this Chapter, and with all applicable federal and District of Columbia laws;
(b) Selecting and supervising qualified staff;
(c) Providing orientation and training to each staff member as required;
(d) Designating a teacher or group leader to assume responsibility for the Facility's operation in the absence of the Center Director;
(e) Ensuring that adult/child ratios are maintained in compliance with section 343 of this Chapter;
(f) Ensuring parent involvement in the program and in the activities of the Center;
(g) Reporting unusual incidents as defined in section 399 and in accordance with section 322 of this Chapter;
(h) Ensuring that at least one (1) staff member with a current CPR and First Aid certification for children is present on the Facility premises at all times;
(i) Attending in-service training programs and completing continuing education requirements as specified; and
(j) Reporting evidence of child abuse and neglect that comes to the Facility staff's attention, in accordance with section 322 of this Chapter.
334.1 A teacher shall be at least twenty (20) years of age and meet one of the following requirements:
(a) An associate's degree or higher from an accredited college or university in early childhood education or early childhood development;
(b) An associate's degree or higher from an accredited college or university, at least fifteen (15) credit hours from an accredited college or university in early childhood education or early childhood development, and at least one (1) year supervised experience working with children in a licensed District of Columbia Child Development Center or its equivalent in another jurisdiction;
(c) At least forty-eight (48) credit hours from an accredited college or university, at least fifteen (15) credit hours from an accredited college or university in early childhood education or early childhood development, and at least two (2) years supervised experience working with children in a licensed District of Columbia Child Development Center or its equivalent in another jurisdiction;
(d) A valid Child Development Associate (CDA) credential, specifying that the individual is qualified for the assigned age classification; or
(e) Satisfactory completion of a child care certification course of no less than 90 hours from an accredited college or university, approved by the Director of the Department of Health or his/her designee, and at least three (3) years supervised experience working with children in a licensed District of Columbia Child Development Center or its equivalent in another jurisdiction.
334.2 For the purposes of this section, early childhood development and early childhood education shall include the courses listed in subsection 332.3 of this Chapter.
335.1 The duties of each teacher in a Child Development Center shall include the following:
(a) Assisting the Center Director in ensuring compliance with this Chapter,
(b) Providing, and/or overseeing the provision of, adequate supervision and appropriate care for all of the children in his or her class or group at all times;
(c) Planning and initiating daily activities based on the assessed strengths, interests and needs of all of the children in his or her class or group;
(d) Assisting the Center Director in implementing the Facility's policies and procedures;
(e) Supervising subordinate staff;
(f) Attending in-service training programs and completing continuing education requirements, as required;
(g) Communicating regularly with the parent(s) or guardian(s) of each child in his or her class or group about the development of their chi